The United Nations Security Council in the Post-Cold War by Kenneth Manusama

By Kenneth Manusama

The United international locations safety Council is intended to be the critical overseas organ for conserving foreign peace and defense, and it has a profound influence at the rights and tasks of states lower than foreign legislation. despite the fact that, it's been seriously criticized all through its life. This booklet examines the position of overseas legislations in its judgements and decision-making procedure because the finish of the chilly battle, with the primary of legality as theoretical framework. It explores the bounds that foreign legislations areas at the defense Council, i.e. what it really is allowed to call for of and impose on states. extra importantly, despite the fact that, this examine presents nice perception into how states use overseas felony arguments within the Council’s decision-making technique, and even if the protection Council has in perform revered and saw those criminal limits. chosen case experiences contain Iraq, the previous Yugoslavia, Haiti, East Timor and foreign terrorism.

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83 After a brief examination of the constituent documents, Weeramantry concluded in his dissenting judgment in the Lockerbie case that a “clear limitation on the plenitude of the Security Council’s powers is that those powers must be exercised in accor- 81 82 83 Reparation for injuries suffered in the services of the United Nations, Advisory Opinion of 11 April 1949, ICJ Reports 1949, 174, at 178-179 (hereinafter Reparation for Injuries opinion). g. Doehring (1997: 92); Schermers, Blokker (1995: para.

1969: 27); Kelsen (1951: 19). Wolfrum (2002: 41-42). , at 41. Den Dekker (2001: 27). See for instance, Tomuschat (1993: 339) and the sources cited therein. Wolfrum (2002: 41-42). The Security Council and the Principle of Legality 33 The Security Council took a decidedly broad approach to the term ‘international peace and security’, when it declared at the 1992 Security Council Summit of Heads of State and Government that: [t]he absence of war and military conflicts among States does not in itself ensure international peace and security.

We the people: The role of the United Nations in the 21st century, Report of the Secretary-General, UN Doc. A/54/2000, 3 April 2000 (hereinafter Millennium Report). UN Doc. A/RES/55/2, 18 September 2000, para 9. Security Council Summit Declaration on Ensuring an Effective Role for the Security Council in the Maintenance of International Peace and Security, Particularly in Africa, Annex to UN Doc. S/RES/1318 (2000), 7 September 2000. As any textbook on international law will argue, the compliance rate with international law is not much lower than that of municipal law.

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