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NATO as the UN Security Council's Instrument: Question Marks From the Perspective of International Law?
Published online by Cambridge University Press: 02 March 2004
Extract
In the previous contribution, Dekker and Myjer maintain that, from the viewpoint of international law, there are at least two problematic issues with regard to NATO's actions in Bosnia-Herzegovina. The first issue concerns the way in which the Security Council has, in a legal sense, shaped its authority over NATO's actions. The second issue is the question of whether NATO is entitled, under its own constitution, to execute such actions. The contribution of Dekker and Myjer was prompted by NATO's air strikes in defence of Sarajevo, which took place in August and September 1995. Their criticism also applies to the current actions that NATO is undertaking in the implementation of the Dayton Agreement, as they later elaborated in the periodical Transaktie. First and foremost, it must be noted that Dekker and Myjer deserve full credit for pointing out these legal aspects of these recent NATO actions. That being said, their two main points of criticism are debatable and, in our opinion, paint a less than consistent picture of the possibilities that the UN and NATO have to offer, in particular the possibilities that may or may not be provided by those organizations' constitutions to flexibly respond to the demands posed at the present time, as well as the room to manoeuvre that is available under the changed international balance of power.
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