The Security Council in the Post-Cold War Era: A Study in the Creative Interpretation of the UN Charter

32 Pages Posted: 1 Oct 2008

Date Written: Winter 2003

Abstract

The central argument of this article on the recent performance of the UN Security Council is that, through its decisions over the past ten years, largely improvised and inconsistent though they may be, the Council has, for good or ill, eroded the foundations of absolute conceptions of state sovereignty and fundamentally altered the way in which many of us see the relationship between state and citizen the world over. This thesis strongly supports the view of Professor Thomas M Franck that the UN Charter needs to be seen, and is seen by most UN actors, as a 'living tree.' Interpretations of what developments may constitute 'threats to the peace,' interpretation of the terms of Chapter VII of the Charter, and practice under Chapter VII have all evolved significantly in the post-Cold War era without a Charter amendment or a clear break with earlier interpretations.

Keywords: United Nations, Security Council, Cold War, UN Charter, Chapter VII, Thomas Franck

Suggested Citation

Malone, David M., The Security Council in the Post-Cold War Era: A Study in the Creative Interpretation of the UN Charter (Winter 2003). New York University Journal of International Law and Politics (JILP), Vol. 35, No. 2, 487-517, Winter 2003, Available at SSRN: https://ssrn.com/abstract=1276099

David M. Malone (Contact Author)

UN University ( email )

Tokyo, 150-8925
Japan
81-3-5467-1224 (Phone)
81-3-3499-2810 (Fax)

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
369
Abstract Views
1,833
rank
92,804
PlumX Metrics