题目：Has the judiciary a role in the Security Council’s jurisdiction under Chapter VII of the Charter of the United Nations?

联合国安理会的职责与作用

主讲：David Baragwanath

时间：2015年4月3日周五10:00-11:30

地点：综合楼1405室

个人简历供参考：Sir David Baragwanath is a graduate of the universities of Auckland and Oxford. He practised in New Zealand as a barrister and Queen's Counsel for three decades before appointment to the High Court and later the Court of Appeal of New Zealand.  He was responsible for law reform as President of the New Zealand Law Commission and was Presiding Judge of the Court of Appeal of Samoa for many years.  He has recently completed two terms as President of the Special Tribunal for Lebanon in The Hague and has been reappointed as a Judge of their Appeals Chamber for a further term.  He has had visiting appointments at a number of universities including the US, UK, the Netherlands, and New Zealand.  He has served as a New Zealand member of the Permanent Court of Arbitration, The Hague and is a member of the advisory board of a charity concerned with dispute resolution in complex financing cases.  He is an Overseas Bencher of the Inner Temple, London.

讲座摘要供参考：：China has expressed its determination to “vigorously participate in the formulation of international norms”. The paper seeks to identify actual and potential questions for discussion concerning the Security Council’s jurisdiction under Chapter VII of the Charter of the United Nations and potential roles of the judiciary. The Charter contains three fundamental legal principles that provide context:

      •    the autonomy of each State including its right to protection from the incursions that throughout history had inflicted societies in five continents;

      •    a partial exception from the first aspect, conferred on the Security Council to the extent required to restore and maintain international peace and security;

      •    the only permissible use of force is by way of defence or in exercise of the authority of the Security Council under the second aspect.