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The "Constitutionalization" Of The Un Security System, Matthias J. Herdegen
The "Constitutionalization" Of The Un Security System, Matthias J. Herdegen
Vanderbilt Journal of Transnational Law
The considerable activism displayed by the Security Council over the last years and its dynamic application of the powers under Chapter VII of the UN Charter recently have inspired concern for the institutional balance within the United Nations and the quest for justiciable restraints upon the Council. Such concern underlines a "constitutional" approach to the United Nations framework: the Charter is conceived as a kind of constitution for the community of states with the International Court of Justice as the ultimate guardian of its legality vis-a-vis the Council. Such a "constitutional" approach should be viewed with caution. The scrutiny of …