The United Nations and the Development of Collective Security: The Delegation by the UN Security Council of its Chapter VII Powers
Dan Sarooshi
Abstract
This book examines one of the most important challenges facing the United Nations (UN) today: the effective and lawful use of force by or under its authority to maintain or restore peace. In particular, the book provides a legal analysis of the institutional mechanisms and processes which the UN employs to use force to maintain or restore peace. The UN Security Council is the main organ of the UN entrusted with the responsibility for the maintenance or restoration of peace. It is given broad powers of enforcement under Chapter VII of the UN Charter in order to achieve this objective. However, ... More
This book examines one of the most important challenges facing the United Nations (UN) today: the effective and lawful use of force by or under its authority to maintain or restore peace. In particular, the book provides a legal analysis of the institutional mechanisms and processes which the UN employs to use force to maintain or restore peace. The UN Security Council is the main organ of the UN entrusted with the responsibility for the maintenance or restoration of peace. It is given broad powers of enforcement under Chapter VII of the UN Charter in order to achieve this objective. However, the Charter provision which was intended to provide the Council with a standing military force to carry out enforcement action has yet to be implemented. In response, the Council has sought to deal with an increasing demand for military enforcement action by delegating its powers in this area to other UN organs (e.g. the UN Secretary-General in Somalia, and the War Crimes Tribunals for Rwanda and the former Yugoslavia), UN Member States (e.g. the coalition against Iraq), and regional and collective self-defence organizations (e.g. NATO in Bosnia). It is this process of delegation of military enforcement powers by the Council which is the focus of the book. Specifically, the legal framework which governs the process of delegation by the Council of its Chapter VII powers is examined, along with the practice relating to the exercise of these powers by each of the delegates concerned, and the policy issues relating to such delegations.
Keywords:
United Nations,
international peace,
UN Security Council,
UN Charter,
delegation of powers,
international security,
military action,
military enforcement,
legal framework
Bibliographic Information
| Print publication date: 2000 |
Print ISBN-13: 9780198299349 |
| Published to Oxford Scholarship Online: January 2010 |
DOI:10.1093/acprof:oso/9780198299349.001.0001 |