UN System Session 9 WS22/23

The SC can decide on the following measures…

• recommendations, Art. 42 UN-Charter

• privisional measures, Art. 39 UN-Charter

• non-military measures, Art. 41 UN-Charter

• military blockades, Art. 40 UN-Charter

Which functions of the SC can be found in Chapter VI of the UN Charter?

• provisional measures

• investigation of disputes and recommendation of their settlement

• non-military sanctions

• military sanctions

Pursuant to Art. 103 UNC, in case of a conflict with other treaty obligations…

• the estimation of Lockerbie must be requested

• the obligations under the UN-Charter prevail

• the matter must be referred to the ICJ

• states can decide for themselves which obligations take precedence

What is the prerequisite for the SC to decide on Chapter VII measures?

• the SC must get the approval of the GA

• the SC must have considered the general principle of cooperation in the maintenance of peace

• the SC must have exhausted all Chapter VI measures

• the SC must determine a threat to or breach of the peace

The legislation of the SC is not limited by…

• the Rule of Law

• jus cogens

• the prohibition of the use of force

• the purposes and principles of the UN Charter

In Kadi & Al Barakaat (2008) the ECJ decided that it has jurisdiction to…

• review the lawfulness of SC-resolutions

• abrogate SC-resolutions, which are non-binding

• remove certain names from the sanctions list of the UN Sanction Committee

• review the lawfulness of the implementation of SC-resolutions in the EU

In Nada v. Switzerland (2012) the European Court of Human Rights…

• solved a norm conflicted via Art. 103 UNC

• interpreted a SC resolution in harmony with human rights to avoid conflicts

• refused to decide on that matter for fear of sanctions against the court itself

• held that the SC must be considered to require MS to violate human rights

Since 1990 the SC …

• declared inwardly confined civil wars a threat to peace

• adopted a clear definition of peace

• violated the principle of democracy in Haiti

• widened its practice regarding the threat to or breach of the peace

Why do MS have to follow the decisions of the SC?

• for its not wise mess with the powerful

• because the SC self-empowered itself

• because under Art. 25 UNC they agreed to do so

• they don´t have to follow the decisions

Resolutions of the UN Security Council…

• are non-binding recommendations

• fulfil the same requirements as international treaties

• can refer to specific events or generic threats

• can not refer to specific members or all members of the UN