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
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
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