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Dispute Resolution and Arbitration

University of Colorado Law School

Series

2013

U.N. Security Council

Articles 1 - 1 of 1

Full-Text Articles in Law

The U.N. Security Council's Duty To Decide, Anna Spain Jan 2013

The U.N. Security Council's Duty To Decide, Anna Spain

Publications

When faced with a global crisis within the scope of its mandate, the United Nations Security Council (UNSC or Council) has no obligation to decide whether or not to take action. This Article argues that it should. The UNSC is the only governing body with the legal authority to authorize binding measures necessary to restore peace and security, yet neither the United Nations Charter nor the UNSC's own rules clarify the extent of its obligations. Unlike courts, the UNSC lacks a procedural rule establishing that it has a duty to decide. Unlike the United States Congress, which accepts its practical …