The United Nations and the Role of Law

Leo Gross

International Organization, 1965, vol. 19, issue 3, 537-561

Abstract: Legal controversy within the United Nations has resulted from the confrontation of the Organization's purposes with the specific rules set forth in the Charter for their implementation. Two sections of the Charter stand out as having produced yet unresolved legal tangles: One is the provision relating to the maintenance of international peace and security through effective collective action; the other is the group of provisions relating to self-determination and human rights. The Cold War and the attempts of the Great Powers to use the UN to attain or defend their policy objectives have shaped the attitude of Members toward the law and the role of law in the more clearly political activities of the UN. Consequently, politico-legal controversy has arisen with respect to the allocation of competences and powers between the General Assembly and the Security Council, the manner of operation of these two bodies, and the distribution of responsibility for “enforcement action’ between the UN and regional organizations.

Date: 1965
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