The United Nations and States of Exception
Journal Article: The United Nations and States of Exception
Journal: Baltic Journal of Law & Politics
Date of Publication: 2010
Author: Charles F. Szymanski, Professor, Vytautas Magnus University Faculty of Law; Adjunct Professor, Michigan State University College of Law c.szymanski@tf.vdu.lt
How to Cite: Szymanski, C. The United Nations and States of Exception, Baltic Journal of Law & Politics 3:2 (2010): 119-143 DOI: 10.2478/v10076-010-0013-9
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 the 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 full text of the article can be found in text or PDF format here, or in a PDF version on this website.
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