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1 - The Legal Nature of the Security Council

Published online by Cambridge University Press:  02 June 2022

Michael Wood
Affiliation:
Twenty Essex Chambers, London
Eran Sthoeger
Affiliation:
International Law, New York
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Summary

This chapter discusses the legal nature of the Security Council. It first defines the law applicable to the Council and then its nature as an organ of the UN, not a separate legal entity. It addresses and dismisses attemps to compare the Council to an executive, legislative or quasi-judicial body. Rather it is a UN organ with the primary resposibility for international peace and security, and that is what defines its legal nature. ThecChapter also addresses issues of the supremacy of legal obligations under the UN Charter over other sources of law, including binding decisions of the Council.

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Publisher: Cambridge University Press
Print publication year: 2022

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