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The Security Council As Legislator

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Chapter Summary

After the end of the Cold War the unanimity of the Security Council's five permanent members became a rather likely possibility, even on matters concerning international peace and security. The Security Council has established judicial or semi-judicial institutions, such as the ad hoc criminal Tribunals for the former Yugoslavia and Rwanda, the UN Compensation Commission for redressing the damages caused by the Iraqi invasion and occupation of Kuwait and the Iraq-Kuwait Demarcation Commission, and has started administering territories as in Kosovo and in East Timor. The analogy with 'legislation' in the domestic framework is stronger than in the use of this expression with regard to so-called 'legislative treaties', as here a level of heteronomy is beyond doubt since the 'legislator' is at least in part separate and different from those bound by the 'legislation'.

Keywords: Cold War; international law; legislator; Security Council



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