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The Security Council: The Importance Of The UN Charter

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Nothing prevents the Security Council from taking action to uphold and implement fundamental principles set forth in the UN Charter. Such action is in line with Article 24(2), as it enforces the purposes and principles of the Organization. The question remains nevertheless whether the Council can act in a quasi-judicial capacity even though there is no threat to the peace. The issue is debated among scholars and the formalist wing suggests that the existence of a “real” threat to the peace is necessary for the Council to intervene for the other purposes laid out in the Charter. Others hold that it is included in the Councils discretion to make such decisions. A third position, bridging these two arguments, is that the most essential obligations for maintenance of international peace and security are the same as the obligations arising from the purposes of Article 1 of the UN Charter: non-aggression, self-determination and respect …show more content…
Meanwhile, the Council has exceeded this position in assuming the role of a legal court and a legislator contributing to the creation of international law. However, in creating law through its practice, the Council can only establish norms applicable within the sphere of activity of the UN. Customary rules or practices contrary to the Charter can only be created by states. Nevertheless, the effect of the rules established by the Security Council is of extensive importance regarding the broad spectrum of activities covered by the UN. The fact that the UN is a world constitution, thought to have a vigorous autonomy, favours a judiciary role of the Council. The broad powers provided to the Security Council should be interpreted in this light, promoting an extension of the Council’s role from the executive to the legislative field. Or, as Koskenniemi concludes, “what the Council says is the

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