<abstract xml:lang="en" xmlns="http://www.w3.org/1999/xhtml"><p>The political and legal problem of a state of exception, whereby a state deviates from its normal constitutional and legal order in response to a real or perceived emergency, has generated much debate. Critics contend that the use of a state of exception really is an exception that swallows the rule, with the potential to corrode the entire legal order. The first part of this article explores international law's attempt to put limits upon countries use of state of exception, as enforced by Human Rights Committee of the United Nations. Secondly, the author looks at the broader question of whether or not the U.N., as a super-state, itself uses states of exception, and what, if any, limits are placed upon it.</p></abstract>

The political and legal problem of a state of exception, whereby a state deviates from its normal constitutional and legal order in response to a real or perceived emergency, has generated much debate. Critics contend that the use of a state of exception really is an exception that swallows the rule, with the potential to corrode the entire legal order. The first part of this article explores international law's attempt to put limits upon countries use of state of exception, as enforced by Human Rights Committee of the United Nations. Secondly, the author looks at the broader question of whether or not the U.N., as a super-state, itself uses states of exception, and what, if any, limits are placed upon it.

The United Nations and States of Exception

Faculty of Law, Vytautas Magnus University, Lithuania

Baltic Journal of Law & Politics

{"article-title":"The United Nations and States of Exception"}

The political and legal problem of a state of exception, whereby a state deviates from its normal constitutional and legal order in response to a real or...

The United Nations and States of Exception

Publié en ligne: 28 janv. 2011

Pages: 119 - 143

DOI: https://doi.org/10.2478/v10076-010-0013-9

Mots clés
States of exception, derogation, Security Council, human rights

This content is open access.

The United Nations and States of Exception

Publié en ligne: 28 janv. 2011

Pages: 119 - 143

DOI: https://doi.org/10.2478/v10076-010-0013-9

Mots clésStates of exception, derogation, Security Council, human rights

This content is open access.

Mots clés
States of exception, derogation, Security Council, human rights