The Legislator of Last Resort: Security Council's Emerging Role in WMD Proliferation Crises
30 Pages Posted: 29 Mar 2007
Date Written: March 28, 2007
This paper seeks to describe the United Nations Security Council's evolving legal role in regulating the proliferation of nuclear, biological and chemical (NBC) weapons. For all its formal power the Security Council is still bound by law and its actions are still framed in terms of international law, not pure political considerations. The Security Council is a waking giant in the field of non-proliferation and the implications and opportunities for its involvement have yet to be explored. Even if there is plenty of room for disagreement on more general policy perspectives - whether to strengthen or delimit the Security Council's capabilities in the area of non-proliferation or simply to increase its legitimacy - attention to the relevant legal architecture is the place to start.
Keywords: public international law, opinio juris, UN Charter, collective security, United Nations Security Council, weapons of mass destruction, WMDs, nuclear weapons, biological weapons, chemical weapons, multilateral treaties, IAEA, non-proliferation, lawmaking powers, symposia, crisis
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