What Does the Uniting for Peace Resolution Mean for the Role of the UN Security Council?. (2014)

• Record Type: Journal Article
• Authors: Miluna, Ieva
• Is Part Of: AJIL unbound. Volume 108( 2014)
• Page Start: 118
• Page End: 122
• Publication Date: 2014
• Subjects: International law -- Periodicals; 341.05
• DOI: 10.1017/S2398772300001999
• Languages: English
• ISSNs: 2398-7723

Abstract

Abstract : The Uniting for Peace resolution together with the UN Charter prescribes a certain role for the General Assembly with regard to international peace and security. Larry Johnson addresses that role, but he does not consider a second question: how does the Uniting for Peace resolution affect the UN Security Council? The normative role of the Council is influenced not only by the Charter, but also by general international law. In this comment, I explore the normative role of the Council in fulfilling the Charter's purpose to maintain international peace and security. I argue that the text of the Charter and the prior practice of both the Assembly and the Council help to determine the proper division of these organs' respective tasks within the Charter system. I conclude that the Council alone exercises the constant control needed to enforce measures of collective security effectively, and that the Assembly is limited to recommending the consequences for states when threats or breaches of the peace occur.