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Security Council Jurisdiction

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Chapter Summary

When a situation is brought before the Security Council, it must decide first whether the issue falls within its area of competence, i.e. international peace and security. This chapter seeks to ascertain, as an aspect of the principle of legality, the role of the principles and rules of international and Charter law in the process of determining Security Council jurisdiction and the existence of a danger, threat or breach of the peace, or act of aggression. Thus, it first poses the question what limits to the Council's authority in taking cognizance of certain situations may be discerned from general international law and Charter law, including the extent of the domestic jurisdiction clause of Article 2(7). Secondly, the chapter focuses on the relevance and effects of these limits in the practice of the Security Council since 1990 when establishing its jurisdiction over situations affecting international peace and security.

Keywords: Charter law; domestic jurisdiction; international law; international peace and security; principle of legality; Security Council jurisdiction



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