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Testing Legality and Legitimacy in Un Territorial Competence

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Chapter Summary

This chapter expands the analysis of unlawful territorial situations to consider UN territorial powers and competencies. It assesses the limits in terms of legality and legitimacy to the action of the SC in this respect. The chapter reviews how a situation of territorial unlawfulness can be reinforced by ultra vires actions by the SC. As an example of a partly unlawful territorial situation under the authority of the UN the case of Kosovo is considered. On the other hand, the role of legitimacy provided by UN endorsement of post-conflict unlawful territorial situations and by different forms of recognition by the affected state shows how effectiveness and legality can be also reconciled in the long run. Finally, the legitimacy factor can also represent a restraining factor in the way the SC acts and justifies its choices, enhancing its accountability towards the international community and the direct addressees of its actions.

Keywords: international law; Kosovo; legality; legitimacy; SC actions; territorial situations; ultra vires acts; UN territorial competence



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