TITLE

IN THE NAME OF INTERNATIONAL PEACE AND SECURITY: REFLECTIONS ON THE UNITED NATIONS SECURITY COUNCIL'S LEGISLATIVE ACTION

PUB. DATE
January 2011
SOURCE
International Law;ene-jun2011, Issue 18, p13
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
This article seeks to illustrate how the United Nation’s Security Council is entailing a sort of hegemonic capability to act as a legislator, having as a premise the absence of such figure under international law, provided the apparent structure and dynamics of the Law of Nations. Thus, basing its actions on the UN Charter’s mandate to maintain international peace and security, the Council has adopted such kind of measures on the fight against terrorism ‑through Resolutions 1373 (2001) and 1540 (2004). The effects of the Council’s action are analyzed through two yardsticks; legality vis-à-vis the UN Charter and other relevant international norms; and legitimacy, confronting it with issues of accountability under the perspective of what has been called the Rule of Law (international public policy). Assuming that the action of such UN organ has to be limited, some proposals and recommendations are set forth in order to establish the way by which the International Community is turning its sight to the protection of principles and/or values as self-determination, democracy and humanity.
ACCESSION #
64162454

 

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