ABSTRACT

This chapter develops a five-dimensional taxonomy for analyzing the normative properties of legal and quasi-legal provisions and instruments. In the context of international law, provisions and declarations can provide reasons for action, even normative and quasi-legal reasons, without being straightforward legal obligations. Legislation refers to modifying binding general obligations. The provisions therefore must be ones that fall under the Security Council's legal purview as laid down in the United Nations Charter. The obligations expressed in a provision can also be ranked on the basis of their concordance with other instruments of international law. It can be difficult to ascertain whether the Security Council is acting as an executive or a quasi-penal authority. While adopting a quasi-penal role is not the same as directly legislating new laws or creating external legal authority, a consistent practice of quasi-penal authority can establish what might be termed a coercive legal regime.