LAWS2250 Lecture Notes - Lecture 9: United Nations Security Council Resolution 661, United Nations Security Council Resolution 816, United Nations Security Council Resolution 660
Collective Security/Enforcement Measures
Monday, 9 October 2017
20:24
CHAPTER VII UN CHARTER - enforcement measures
Legally binding decisions under CH VII
Introduction
Art.31 3(b) VCLT : authentic interpretation
Collective security v collective defence
CS: all states in a single camp
CD: camps opposing one another , the world degenerated into war
How the UN Charter translates the notion of collective security:
i. purposes or goals (preamble, art. 1)
Maintenance of international security
ii. principles to be respected to attain goals (article 2)
Members need to respect
Art 2 codifies big international laws
iii. creation of an international organization to secure goals (remainder of
Charter)
Nambia: all SC decisions are binding regardless if they are in CH VII
UN Charter
Article 24
In order to ensure prompt and effective action by the United Nations, its Members
confer on the Security Council primary responsibility for the maintenance of international peace and
security, and agree that in carrying out its duties under this responsibility the Security Council acts on
their behalf.
In discharging these duties the Security Council shall act in accordance with the
Purposes and Principles of the United Nations. The specific powers granted to the Security Council
for the discharge of these duties are laid down in Chapters VI, VII, VIII, and XII.
1. The Security Council shall submit annual and, when necessary, special reports
to the General Assembly for its consideration.
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Article 25
The Members of the United Nations agree to accept and carry out the decisions of the Security
Council in accordance with the present Charter.
Article 27: does not apply to procedural matters
1. Each member of the Security Council shall have one vote.
2. Decisions of the Security Council on procedural matters shall be made by an affirmative vote of
nine members.
3. Decisions of the Security Council on all other matters shall be made by an affirmative vote of nine
members including the concurring votes of the permanent members; provided that, in decisions under
Chapter VI, and under paragraph 3 of Article 52, a party to a dispute shall abstain from voting.
What if there is an abstention?
Abstention is not a veto
Party have authentically interpreted art 27: Nambia case
UN Charter
Article 10
The General Assembly may discuss any questions or any matters within the scope of the
present Charter or relating to the powers and functions of any organs provided for in the
present Charter, and, except as provided in Article 12, may make recommendations to the
Members of the United Nations or to the Security Council or to both on any such questions or
matters.
UN Charter
Article 12
1. While the Security Council is exercising in respect of any dispute or situation the functions
assigned to it in the present Charter, the General Assembly shall not make any
recommendation with regard to that dispute or situation unless the Security Council so
requests.
2. The Secretary-General, with the consent of the Security Council, shall notify the General
Assembly at each session of any matters relative to the maintenance of international peace
and security which are being dealt with by the Security Council and shall similarly notify the
General Assembly, or the Members of the United Nations if the General Assembly is not in
session, immediately the Security Council ceases to deal with such matters.
Uniting for Peace Resolution
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Document Summary
Cd: camps opposing one another , the world degenerated into war. How the un charter translates the notion of collective security: purposes or goals (preamble, art. Maintenance of international security: principles to be respected to attain goals (article 2) Art 2 codifies big international laws: creation of an international organization to secure goals (remainder of. Nambia: all sc decisions are binding regardless if they are in ch vii. In discharging these duties the security council shall act in accordance with the. The specific powers granted to the security council for the discharge of these duties are laid down in chapters vi, vii, viii, and xii. The security council shall submit annual and, when necessary, special reports. 1. to the general assembly for its consideration. The members of the united nations agree to accept and carry out the decisions of the security. Chapter vi, and under paragraph 3 of article 52, a party to a dispute shall abstain from voting.
