Security Council Resolution 1373 and the Constitution of the United Nations

2003 ◽  
Vol 16 (3) ◽  
pp. 593-610 ◽  
Author(s):  
MATTHEW HAPPOLD
Keyword(s):  
United Nations ◽  
Security Council ◽  
Legal Order ◽  
Security Council Resolution ◽  
Member States ◽  
The Past ◽  
International Legal Order ◽  
The United Nations ◽  
Do So

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.

Land of Blue Helmets

2016 ◽  
Keyword(s):  
Cold War ◽  
United Nations ◽  
Arab World ◽  
International Conflicts ◽  
Member States ◽  
Post Cold War ◽  
The Past ◽  
The United Nations ◽  
The Cold War ◽  
Political Mediation

Born in 1945, the United Nations (UN) came to life in the Arab world. It was there that the UN dealt with early diplomatic challenges that helped shape its institutions such as peacekeeping and political mediation. It was also there that the UN found itself trapped in, and sometimes part of, confounding geopolitical tensions in key international conflicts in the Cold War and post-Cold War periods, such as hostilities between Palestine and Iraq and between Libya and Syria. Much has changed over the past seven decades, but what has not changed is the central role played by the UN. This book's claim is that the UN is a constant site of struggle in the Arab world and equally that the Arab world serves as a location for the UN to define itself against the shifting politics of its age. Looking at the UN from the standpoint of the Arab world, this volume includes chapters on the potential and the problems of a UN that is framed by both the promises of its Charter and the contradictions of its member states.

2. Memorandum on the Legal Aspects of the Problem of Representation in the United Nations, Transmitted to the President of the Security Council by the Secretary-General (Lie), March 8, 1950.

1950 ◽  
Vol 4 (2) ◽  
pp. 356-360
Keyword(s):  
United Nations ◽  
Security Council ◽  
Legal Theory ◽  
Legal Aspects ◽  
Secretary General ◽  
Member States ◽  
Practical Standpoint ◽  
The United Nations

The primary difficulty in the current question of the representation of Member States in die United Nations is that this question of representation has been linked up with the question of recognition by Member Governments.It will be shown here that this linkage is unfortunate from the practical standpoint, and wrong from the standpoint of legal theory.

The United Nations Compensation Commission— Developments Since October 1992

1995 ◽  
Vol 89 (2) ◽  
pp. 416-423 ◽  
Author(s):  
Ronald J. Bettauer
Keyword(s):  
United Nations ◽  
International Law ◽  
Security Council ◽  
Security Council Resolution ◽  
First Year ◽  
Governing Council ◽  
Executive Secretary ◽  
Injury Category ◽  
The United Nations ◽  
Foreign Governments

Paragraph 16 of Security Council Resolution 687 (April 3, 1991) reaffirmed that “Iraq … is liable under international law for any direct loss, damage, … or injury to foreign Governments, nationals and corporations, as a result of Iraq’s unlawful invasion and occupation of Kuwait.” This resolution and Security Council Resolution 692 (May 20, 1991) established the United Nations Compensation Commission (UNCC) to administer a system to provide compensation for claims for which Iraq is liable under paragraph 16. The Commission has a Governing Council, composed of the members of the Security Council; panels of commissioners, appointed from time to time to review particular groups of claims; and a secretariat headed by an Executive Secretary. The Commission’s Governing Council first met in Geneva in July 1991 and in the first year of its existence adopted decisional criteria for six categories of claims: Category “A” — claims of individuals for fixed amounts for departure from Iraq or Kuwait; Category “B” — claims of individuals for fixed amounts for death or serious personal injury; Category “C” —claims of individuals for amounts up to $100,000; Category “D” —claims of individuals for amounts above $100,000; Category “E” —claims of corporations; and Category “F” — claims of governments and international organizations.

United Nations Security Council Resolutions 2240, 2312 & 2380

2018 ◽  
Vol 57 (1) ◽  
pp. 163-179
Author(s):  
Andreas Schloenhardt
Keyword(s):  
United Nations ◽  
Mediterranean Sea ◽  
Security Council ◽  
Southern Italy ◽  
United Nations Security Council ◽  
Member States ◽  
Irregular Migrants ◽  
The Mediterranean ◽  
The United Nations ◽  
One Year

In response to the large number of irregular migrants crossing the Mediterranean Sea from Libya to southern Italy, frequently using overcrowded, unseaworthy vessels, and often facilitated by migrant smugglers, on October 9, 2015, the United Nations Security Council (UNSC) adopted Resolution 2240. This resolution authorizes member states to intercept, inspect, and seize vessels suspected of being used to smuggle migrants or to traffic persons. Initially limited to one year, these measures were renewed through two further UNSC resolutions on October 6, 2016, and October 5, 2017.

WPS and Adopted Security Council Resolutions

2018 ◽  
pp. 97-109
Author(s):  
Laura J. Shepherd
Keyword(s):  
United Nations ◽  
Security Council ◽  
Security Council Resolution ◽  
Policy Framework ◽  
Future Directions ◽  
Representational Practices ◽  
Un Security Council ◽  
Peace And Security ◽  
The United Nations ◽  
Over Time

This chapter outlines the architecture of the Women, Peace, and Security agenda at the United Nations. Building on the explanation of the adoption of UN Security Council Resolution 1325 provided earlier in the volume, it explores the meanings of “women,” “peace,” and “security” that are constructed through the WPS policy framework. The chapter traces the continuities and changes to the central concepts in the resolutions and reflects on the implications of these representational practices as they affect the provisions and principles of the WPS agenda in practice. Moreover, the chapter draws out the key provisions of each resolution to explore the tensions that have arisen over time regarding the types of energy and commitment that have become manifest in the architecture supporting WPS implementation. This in turn enables a brief analysis of likely future directions of WPS practice and a comment on the ways in which Security Council dynamics might affect and effect certain possibilities while excluding or proscribing others.

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