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Responsibility to Protect and the Competence of the UN Organs

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Chapter Summary

The doctrine of the responsibility to protect is based on a different conception of sovereignty, sometimes referred to as functional sovereignty. This chapter inquires about the legal implications the doctrine has for the system of State responsibility established by contemporary international law and for the institutional and normative setting of the UN. In this chapter, the implication of the doctrine in the framework of the law of State responsibility is examined, with a view to seeing what the role of the UN is in that system. Next, the chapter focuses on the system of competence of the UN organs and specifically of the Security Council (SC). It mainly deals with the proposed changes to the decision-making procedure of the SC aimed at fitting it for its new duty. The chapter also discusses the implementation of the responsibility to protect in the aftermath of the Libyan crisis.

Keywords: functional sovereignty; international law; Libyan crisis; responsibility to protect (R2P) doctrine; Security Council (SC); state responsibility; United Nations



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