Some Thoughts on the Evolving Relationship between the Security Council and NATO<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:
Some Thoughts on the Evolving Relationship between the Security Council and NATO*

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Article 52 of the United Nations (UN) Charter indicates that regional arrangements or agencies may deal with such matters relating to the maintenance of international peace and security as are appropriate for regional action, provided that such arrangements or agencies and their activities are consistent with the Purposes and Principles of the UN. Article 53 refers to regional arrangements and enforcement action — which could indeed still refer to enforcement by diplomatic and economic means. But, taken in the context and read together with Article 52, it has been understood rather as to include also military enforcement action. Article 53 thus appears both to envisage use of regional agencies at the behest of the Security Council; and authorisation of initiatives of enforcement emanating from the regional agency itself. There has been virtually no practice in respect of the former and rather little in respect of the latter. And there are problems in seeing the UN’s relationship with the North Atlantic Treaty Organisation in the context of the problems of Yugoslavia as falling squarely within Article 53.

Keywords: United Nations Security Council; Article 52; Article 53; international peace; international security; enforcement; Yugoslavia; North Atlantic Treaty Organisation

Chapter.  7422 words. 

Subjects: Public International Law

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