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This chapter considers some legal issues that arise when analyzing some of the main provisions of Chapter VII. It first considers the binding nature of provisional measures under Article 40, whether a determination under Article 39 is a prerequisite for such a determination, and the temporary nature of provisional measures and their timing. Then it considers the legal framework of measures not involving the use of force under Article 41 and possible limitations on their scope and nature.
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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