chapter  5
26 Pages

Quis custodiet consilium securitatis?

Reflections on the law-making powers of the security council
WithJan Wouters, Jed Odermatt

The role of the Security Council was long seen as primarily to take measures on a case-by-case basis to address specific and discrete threats. At the turn of the twentieth century, legal scholars were still discussing whether the Security Council could shift towards a legislative role, one where it enacts more general rules, rather than responding to specific situations. By entering the field of legislative activity, the Security Council has effectively been added alongside traditional forms of international law making such as treaty making and the development of customary international law. It also examines the potential role of the ICJ as the 'principal judicial organ of the United Nations' in regulating the relationship between the Security Council and other parts of international law. Article 103 of the UN Charter provides that the event of a conflict between the obligations of the Members of the United Nations under the present Charter and their obligations under any other international agreement, their obligations.