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Law Commons

Open Access. Powered by Scholars. Published by Universities.®

2010

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Selected Works

SelectedWorks

Public Law and Legal Theory

Marco A. Velásquez-Ruiz

Legality

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Full-Text Articles in Law

In The Name Of International Peace And Security: Reflections On The United Nations Security Council's Legilative Action, Marco A. Velásquez-Ruiz Jan 2010

In The Name Of International Peace And Security: Reflections On The United Nations Security Council's Legilative Action, Marco A. Velásquez-Ruiz

Marco A. Velásquez-Ruiz

This article seeks to illustrate how the United Nation´s Security Council is entailing a sort of hegemonic capability to act as a legislator, having as a premise the absence of such figure under international law, provided the apparent structure and dynamics of the Law of Nations. Thus, basing its actions on the UN Charter´s mandate to maintain international peace and security, the Council has adopted such kind of measures on the fight against terrorism ‑through Resolutions 1373 (2001) and 1540 (2004). The effects of the Council´s action are analyzed through two yardsticks; legality vis-à-vis the UN Charter and other relevant …