ABSTRACT

The functions and powers of each of the United Nations (UN) organs are explicitly delineated in UN Charter; while each of the General Assembly, Security Council and Economic and Social Council has the competence to adopt its own rules of procedure, there is a delicate balance of responsibilities that are distributed amongst the organs that form the United Nations. However, the hegemony of which the Council is accused by both scholars and UN member states are resultant from the composition of the Council itself. More than advancing the development of international law and creating international legal principles, which may well be argued as a by-product of the Council's work in promoting the international peace, the Council has in recent years stepped up its work as legislator. This direct legislation by the Council falls under what many commentators have termed 'ultra vires action'.