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The Security Council and the Rule of Law: An Overview

Published online by Cambridge University Press:  28 February 2017

Christine Gray
Christine Gray*
Affiliation:
University of Cambridge
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Abstract

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Type
The Security Council and the Rule of Law
Information
Proceedings of the ASIL Annual Meeting , Volume 103 , 2009 , pp. 245 - 248
Copyright
Copyright © American Society of International Law 2009

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References

1 Chesterman, Simon, An International Rule of Law, 56 Am. J. Comp. L. 331 (2008)CrossRefGoogle Scholar.

2 S.C. Debate, Strengthening International Law: the Rule of Law and the Maintenance of International Peace and Security, U.N. Doc. S/PV 5474 (June 16, 2006).

3 China, Nigeria and others argued during the debate that it was necessary that UN Peace-Building should respect the sovereignty of the state concerned, and should avoid the imposition of external models in its work to establish the rule of law. This raises the question as to whether the UN should adopt a formal or a substantive model of the rule of law in this context: should it undertake the promotion of democracy and even of free markets?

4 S.C. Pres. Statement, U.N. Doc. S/PRST/2006/28 (2006).

5 Vaughan Lowe, Adam Roberts, Jennifer Welsh, and Dominik Zaum, The UN Security Council and War 36 (2008).

6 S.C. Debate, supra note 2.

7 Again, this raises the question whether a substantive or procedural model of rule of law is appropriate.

8 S.C. Debate, supra note 2.

9 Adam Roberts and Dominik Zaum, Selective Security: War and the United Nations Security Council Since 1945 (2009).

10 S.C. Presumption 1, S/PV. 5564 (Nov. 9, 2006).

11 Annex to the letter dated 3 April 2006 from the Permanent Representative of Cuba to the United Nations addressed to the Secretary-General: Position of the Republic of Cuba on the current situation in the Middle East, including the Palestinian question, U.N. Doc. S/2006/209 (2006).

12 Letter dated 31 July 2006 from the Permanent Representative of the Islamic Republic of Iran to the United Nations addressed to the President of the Security Council, U.N. Doc. S/2006/603 (Aug. 2, 2006).