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3 - The Powers of the Security Council
Michael Wood, Eran Sthoeger
Book:

The UN Security Council and International Law

Published online:

02 June 2022

Print publication:

09 June 2022, pp 59-69
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Summary

This chapter assesses the powers of the Security Council in three stages. First, it introduces the scope of the Council’s powers. They are potentially far-reaching, although within a particular field – the maintenance of international peace and security. The chapter then examines specifically the Council’s practice and discretion with respect to determining the existence of a threat to the peace, breaches of the peace, or an act of aggression, under Article 39. Finally, it addresses whether such determinations are subject to judicial review.

Michael Wood, Eran Sthoeger
Published online:

02 June 2022

Print publication:

09 June 2022
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The UN Security Council and International Law explores the legal powers, limits and potential of the United Nations Security Council, offering a broadly positive (and positivist) account of the Council's work in practice. This book aims to answer questions such as 'when are Council decisions binding and on whom?', 'what legal constraints exist on Council decision making?' and 'how far is the Council bound by international law?'. Defining the controlling legal rules and differentiating between what the Council can do, as opposed to what it should do as a matter of policy, this book offers both a tool for assessment of the Council as well as realistic solutions to address its deficiencies, and, most importantly, evaluates its potential for maintaining international peace and security, to the benefit of us all.

C - Resorting to the Use of Force in Nuclear Operations
William H. Boothby, Wolff Heintschel von Heinegg
Book:

Nuclear Weapons Law

Published online:

30 November 2021

Print publication:

20 January 2022, pp 28-57
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Summary

Section C examines the law on the resort to the use of force, specifically nuclear force. Accordingly, it contains Rules and Commentaries on the prohibition of the use or threat of nuclear force; the right of individual or collective self-defence, including its limitations; and enforcement measures decided upon by the UN Security Council, including those executed by regional organisations.