Hostname: page-component-cd9895bd7-gxg78 Total loading time: 0 Render date: 2024-12-27T22:22:26.163Z Has data issue: false hasContentIssue false
  • English
  • Français

Security Council Resolution 1373 and the Constitution of the United Nations

Published online by Cambridge University Press:  16 October 2003

MATTHEW HAPPOLD
Get access Rights & Permissions [Opens in a new window]

Abstract

In Resolution 1373 the Security Council laid down a series of general and abstract rules binding on all UN member states. In doing so, the Council purported to legislate. This article discusses whether it is entitled to do so. In the light of the Charter and the past practice of United Nations organs, it argues that the Council can only exercise its Chapter VII powers in response to specific situations or conduct. In enacting Resolution 1373 the Council acted ultra vires. The article looks at the circumstances in which such an extension of the Security Council's powers might be acceptable, but concludes that unilateral attempts by the Council to legislate would be destructive of the international legal order.

Keywords

constitutionlegislationSecurity CouncilUnited Nations
Type
CURRENT LEGAL DEVELOPMENTS
Information
Leiden Journal of International Law , Volume 16 , Issue 3 , September 2003 , pp. 593 - 610
Copyright
© 2003 Foundation of the Leiden Journal of International Law

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)