The International Court of Justice and the Legality of UN Security

Jaroslav Usiak () and Lubica Saktorova ()
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Jaroslav Usiak: Matej Bel University in Banska Bystrica
Lubica Saktorova: Matej Bel University in Banska Bystrica

DANUBE: Law and Economics Review, 2014, issue 3, 201-212

Abstract: Through the United Nation’s Charter, the UN Security Council represents the most powerful executive institutional body in the field of collective security. Moreover, its ultra vires acts may have distinct legal consequences. Accordingly, questions arising from these facts are whether such a large scope of competences could be abused, what are the limits of the executed power and above all, affirmation of the legality of the actions of Council. Predominantly by means of the analytical method as well as a case study of the Lockerbie case, the present study provides the related argumentative discourse. Notwithstanding the fact that the decisions of the Council appear to be without any limitations, it is obliged to act within the purposes and principles of the UN Charter. The opinion of the International Court of Justice on the legality of the SC’s actions in the field of collective security are still, however, indirectly expressed through its general function.

Keywords: United Nation’s Security Council; International Court of Justice; UN Security Council Resolutions; Collective Security; UN Charter (search for similar items in EconPapers)
Date: 2014
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Persistent link: https://EconPapers.repec.org/RePEc:cmn:journl:y:2014:i:3:p:201-212

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