Die Linke v. Federal Government and Federal Parliament (Counter Daesh)
Publikation: Beiträge in Zeitschriften › Übersichtsarbeiten › Forschung
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in: American Journal of International Law, Jahrgang 114, Nr. 3, 01.07.2020, S. 463-470.
Publikation: Beiträge in Zeitschriften › Übersichtsarbeiten › Forschung
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RIS
TY - JOUR
T1 - Die Linke v. Federal Government and Federal Parliament (Counter Daesh)
AU - Tams, Christian J.
PY - 2020/7/1
Y1 - 2020/7/1
N2 - By a September 17, 2019 Order (Order), the German Federal Constitutional Court (FCC or Court) rejected challenges to Germany's military involvement in anti-Islamic State of Iraq and Syria (ISIS) operations in Syria. This outcome was expected and was as such insignificant. What is significant is the FCC's reasoning. The Court used the Order to clarify the constitutional roles of parliament and the executive in German foreign affairs. And it included an intriguing pronouncement on the scope of Article 51 of the UN Charter, which adds a fresh perspective to the polarized debates about self-defense against nonstate actors.
AB - By a September 17, 2019 Order (Order), the German Federal Constitutional Court (FCC or Court) rejected challenges to Germany's military involvement in anti-Islamic State of Iraq and Syria (ISIS) operations in Syria. This outcome was expected and was as such insignificant. What is significant is the FCC's reasoning. The Court used the Order to clarify the constitutional roles of parliament and the executive in German foreign affairs. And it included an intriguing pronouncement on the scope of Article 51 of the UN Charter, which adds a fresh perspective to the polarized debates about self-defense against nonstate actors.
KW - Collective security
KW - Deployment of troops
KW - Fight against ISIS/Daesh
KW - German constitutional law
KW - Parliamentary control
KW - Self-defense against nonstate actors
KW - Law
UR - http://www.scopus.com/inward/record.url?scp=85094174748&partnerID=8YFLogxK
UR - https://www.mendeley.com/catalogue/3a05f4b6-4eed-3a77-b779-769cf01583b6/
U2 - 10.1017/ajil.2020.35
DO - 10.1017/ajil.2020.35
M3 - Scientific review articles
AN - SCOPUS:85094174748
VL - 114
SP - 463
EP - 470
JO - American Journal of International Law
JF - American Journal of International Law
SN - 0002-9300
IS - 3
ER -