Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

The Security Council and the Principle of Legality

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

This chapter identifies what legal principles and rules are important to the law and practice of the Security Council, as 'international law' in general is too broad and indeterminate. It outlines the substance of the legal framework that governs the Security Council. First, the chapter argues that the applicability or 'conceptual borrowing' of the rule of law and the principle of legality to the United Nations and the Security Council. Secondly, it identifies the so-called 'higher' norms emanating from international law and Charter law, in accordance with the principle of legality. Thirdly, the chapter explores the limits to the functions and powers of the Council as defined in the Charter and its implied powers, according to the doctrine of intra vires. Finally, it examines to what extent the Security Council can move beyond the established principles and rules of international law.

Keywords: Charter law; international aw; intra vires doctrine; legal principles; principle of legality; rule of law; Security Council; United Nations



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    The United Nations Security Council in the Post-Cold War Era — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation