ABSTRACT

This chapter focuses on the authority to establish the peace-keeping forces because it is the core issue of the legal basis of the peace-keeping operations. It analyzes the legal bases for United Nations (UN) peace-keeping operations, arising from the UN Charter, and from general international law. In examining the Security Council's powers and its authority to establish peace-keeping forces, one must keep in mind that the Council's powers are discretionary in nature. The power to provide a legal basis for peace-keeping operations is considered to be exclusively reserved for the Security Council and General Assembly. Regional organizations are empowered to establish peace-keeping forces without authorization by the United Nations. The use of regional organizations by Great Powers for maintaining or enlarging their own spheres of influence has become a usual practice in international relations. The chapter concludes by talking about the legal bases for the establishment of peace-keeping operations under the UN Charter and general international law.