Chapter

The Place of International Law in the Settlement of Disputes by the Security Council<sup>*</sup>

Rosalyn Higgins Dbe Qc

in Themes and Theories

Published in print August 2009 | ISBN: 9780198262350
Published online March 2012 | e-ISBN: 9780191682322 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198262350.003.0012
The Place of International Law in the Settlement of Disputes by the Security Council*

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The place of international law in dispute settlement by the United Nations (UN) Security Council is a topic which has already occasioned debate. Many lawyers contend that law plays a minimal role in the work of the Council. The Security Council may be a political body, but its role is defined by the UN Charter, which is a legal instrument, a treaty between nations. Further, Article 1 of the Charter declares a major purpose of the UN to be the resolution of disputes ‘in conformity with the principles of justice and international law’. What does it mean for a political body to act within a legal framework, and to have to provide solutions to disputes that are in conformity with the law? When we speak of law in the Security Council, we are really speaking of two things: law as it is invoked by the claimants to a dispute, and law as it is employed by the organ itself, when passing its decision.

Keywords: United Nations Security Council; international law; dispute settlement; UN Charter; Article 1; claimants

Chapter.  9847 words. 

Subjects: Public International Law

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