Chapter

The UN Security Council and the Individual State<sup>1</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/9780198262350.003.0016
The UN Security Council and the Individual State1

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This chapter contends that the position of the individual state within the United Nations (UN) Security Council is a necessary corollary of the position of the Security Council itself with regard to questions of collective security. The drafters of the UN Charter hoped that its collective security system would be an efficacious instrument to maintain peace. By Article 2(4) of the UN Charter, the use of force is generally prohibited. The main guarantor of the peace was intended to be the Security Council. Articles 41 and 42 provided the necessary enforcement measures and the individual state was thus unable to use force by way of self-help or retaliation, but only in self-defence under Article 51. From 1945 to 1989 the United Nations, due to the Cold War, could not fulfil this intended role as guarantor of international security.

Keywords: United Nations Security Council; individual state; international security; UN Charter; self-defence; Cold War; peace

Chapter.  3626 words. 

Subjects: Public International Law

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