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The Security Council Legibus Solutus? On The Legislative Forays Of The Council

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Chapter Summary

The Security Council has been heavily criticized as abusing and/or exceeding its powers vis-à-vis Member States, but also as preying on the competence and powers of other organs, particularly the General Assembly, not to mention the International Court of Justice, concentrating all powers that can be mustered on the international level in its own hands, in disregard of legal bounds, to become a kind of an international hobbesian leviathan. Whence the reference to legibus solutus, a contested legal doctrine going back to the Eastern Roman Empire, representing the Emperor as "unbound by law". This chapter reviews the spectrum of "powers granted to the Security Council" by the Charter of the UN, and discusses whether they can be interpreted as accommodating, expressly or by implication, the power to legislate.

Keywords: international law; legibus solutus; Security Council; UN Charter



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