The United Nations and the Development of Collective Security: The Delegation by the UN Security…

Paperback | September 1, 2000

byDanesh Sarooshi

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This book examines one of the most important challenges facing the United Nations today: the effective and lawful use of force by or under the authority of the UN to maintain or restore peace. In particular, the book provides a legal analysis of the institutional mechanisms and processes whichthe 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 toprovide the Council with a standing military force to carry out enforcement action has not as yet been 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 UNSecretary-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 theCouncil which is the focus of the book. By examining the legal framework which governs the process of a delegation by the Council of its Chapter VII powers; the practice relating to the exercise of these powers by each of the delegates concerned; and the policy issues relating to such delegations,the book makes a significant contribution to the content of the law pertaining to the use of force by the UN and provides guidance as to the likely future developments in the legal framework governing collective action to maintain peace under the auspices of the United Nations.

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This book examines one of the most important challenges facing the United Nations today: the effective and lawful use of force by or under the authority of the UN to maintain or restore peace. In particular, the book provides a legal analysis of the institutional mechanisms and processes whichthe UN employs to use force to maintain or ...

Danesh Sarooshi is Senior Lecturer in Public international law at University College London
Format:PaperbackPublished:September 1, 2000Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198299346

ISBN - 13:9780198299349

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Table of Contents

IntroductionForeword by Judge Rosalyn Higgins D.B.E., Q.C. 1. The General Legal Framework Governing the Process of a Delegation by the UN Security Council of its Chapter VII PowersI. The Nature of the Process of a Delegation of Chapter VII PowersII. The General Competence of the Security Council to Delegate its Chapter VII PowersIII. Limitations on the General Competence of the Security Council to Delegate its Chapter VII PowersIV. The ICJ and the Justiciability of a Delegation of Chapter VII Powers2. The Delegation of Powers to the UN Secretary-GeneralI. The Competence of the Council to Delegate Chapter VII Powers to the Secretary-GeneralII. The Legal Framework Governing the Exercise of Delegated Chapter VII Powers by the Secretary-GeneralIII. The Practice of the Secretary-General in Exercising Delegated Chapter VII Powers3. The Delegation of Powers to UN Subsidiary OrgansI. UN Subsidiary Organs: Issues of DefinitionII. The Authority of UN Principal Organs to Establish Subsidiary Organs: the Competence of the Council to Delegate Chapter VII Powers to Subsidiary OrgansIII. Preconditions for the Lawful Establishment of UN Subsidiary Organs4. The Legal Framework Governing the Delegation of Powers to UN Member StatesI. The Competence of the Council to Delegate Chapter VII Powers to UN member StatesII. Limitations on the Competence of the Council to Delegate Chapter VII Powers to Member StatesIII. Responsibility for the Acts of A Force Carrying Out UN Authorised Military Enforcement Action5. The Delegation of Powers to UN Member StatesI. A Delegation of Powers to Counter a Use of Force by a State or Entities Within a StateII. A Delegation of Powers to Carry Out a Naval InterdictionIII. A Delegation of Powers to Achieve Humanitarian ObjectivesIV. A Delegation of Powers to Enforce a Council Declared No-Fly Zone: The Case of IraqV. A Delegation of Powers to Ensure Implementation by Parties of an Agreement which The Council Has Deemed is Necessary for the Maintainance or Restoration of Peace6. The Delegation of Powers to Regional ArrangementsI. The Competence of the Council to Delegate Chapter VII Powers to Regional ArrangementsII. The Delegation of Powers to NATOIII. The Policy of Delegating Chapter VII Powers to Regional Arrangements7. Concluding RemarksBibliographyIndex

Editorial Reviews

`An excellent exploration of the Chapter VII power of the Security Council.'Mr R. Wood, Anglia Polytechnic University