The Security Council as Global Legislator

Overview

Security Council resolutions have undergone an important evolution over the last two decades. While continuing its traditional role of determining state-specific threats to peace and engaging accordingly in various peaceful or coercive measures, the Security Council has also adopted resolutions that have effectively imposed legal obligations on all United Nations member states.

This book seeks to move away from the discussions of whether the Security Council – in the current ...

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Overview

Security Council resolutions have undergone an important evolution over the last two decades. While continuing its traditional role of determining state-specific threats to peace and engaging accordingly in various peaceful or coercive measures, the Security Council has also adopted resolutions that have effectively imposed legal obligations on all United Nations member states.

This book seeks to move away from the discussions of whether the Security Council – in the current composition and working methods – is representative, capable or productive. Rather it assesses whether legislative activity by the Security Council can be beneficial to international peace and security. The authors examine and critique the capacities of the Security Council to address thematic international threats - such as terrorism, weapons proliferations, targeting of civilians, recruitment of child soldiers, piracy – as an alternative to the traditional model of addressing country-specific situations on a case-by-case basis. Ultimately, the book seeks to assess the efficacy of the Security Council as global legislator in terms of complementing the Security Council’s mandate for the maintenance of international peace and security with a preventative and norm-setting capacity.

The book presents views from a diverse range of Security Council stakeholders including academic scholars, political analysts, and international lawyers. This resource will be of great interest to students of international relations, international organizations and international security studies alike.

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Meet the Author

Vesselin Popovski is a Senior Academic Programme Officer at the United Nations University in Tokyo, Japan.

Trudy Fraser is a Postdoctoral Fellow at United Nations University in Tokyo, Japan.

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Table of Contents

1. Constitutionalism and the law: evaluating the Security Council, VESSELIN POPOVSKI, 2. The coming "Coke Moment", ANTHONY F LANG, JR 3. Parsing Security Council resolutions: a five-dimensional taxonomy of normative properties, CHARLES SAMPFORD, 4. Quis custodiet consilium securitatis? Reflections on the lawmaking powers of the Security Council, HUGH BREAKEY, 5. A "legislative" evolution: Security Council resolution 1540 revisited, JAN WOUTERS and JED ODERMATT, 6. Security Council legislation in counter-terrorism, OLIVIA BOSCH, 7. Security Council resolutions on Somali piracy, MONIKA HEUPEL, 8. The Security Council as global executive but not global legislator: the case of child soldiers, PETER LEHR, 9. The Security Council as legislator and norm builder: impacts on efforts to promote the women, peace, and security agenda, NOËLLE QUÉNIVET, 10. Protection of civilians and law-making in the Security Council, ROBERT ZUBER and MELINA LITO, 11. From environmental governance to environmental legislation: the case of climate change at the Security Council, HUGH BREAKEY, 12. The Security Council and ad hoc tribunals: law and politics, peace and justice, TRUDY FRASER, 13. The International Criminal Court and the Security Council, MARTIN J. BURKE and THOMAS G. WEISS, 14. Conclusion: the Security Council as global legislator, VESSELIN POPOVSKI and TRUDY FRASER

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