: 
Global Law Working Papers
2006 Series
GLWP 01/06
Author
Enzo Cannizzaro
Professor of International Law
University of Macerata, Italy
Title
"Machiavelli, the UN Security Council and the Rule of Law"
Abstract
This paper addresses the conception of fundamental human rights as a limit to UN Security Council resolutions that directly sanction individuals as part of the action taken by that body to preserve or restore international peace and security. The author argues that, absent international instruments for securing respect for individual rights against SC action, domestic courts should exercise their jurisdiction in the light of both international and domestic human rights standards. Far from affecting the efficiency of SC action, this approach would bestow legitimacy and authority on SC action and would promote the development of a standard of protection of human rights applicable to SC resolutions within the international order. In a systemic perspective, the transfer upwards, from States to the SC, of functions connected with the regulation of the conduct of individuals must be accompanied, in order to comply with the rule of law, by a corresponding transfer of basic guarantees which limit the exercise of such functions at State level.
Contact the Author
cannizzaro@unimc.it
