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Regulatory Framework For Peacekeeping

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Chapter Summary

This chapter focuses on how the requirements in Article 40 might help regulate the way in which the Security Council exercises its peacekeeping power. It first clarifies the jurisdictional basis upon which the Security Council and, to a lesser degree, the General Assembly, can direct peacekeeping measures. Based on the understanding of the Security Council as the primary organ responsible for the maintenance of international peace and security, the chapter examines the legality of its peacekeeping measures, which, is subject to more stringent conditions than Chapter VII powers. The issue of legitimacy is addressed, which in turn points to the direction that the Security Council should move towards the responsibility to react and prevent. The chapter examines the regulatory effects of the peacekeeping power upon the legal status of military action by the parties to a conflict in its application.

Keywords: jurisdictional limits; legality; legitimacy; peacekeeping measure; security council

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