The United Nations and the Development of Collective Security: The Delegation by the UN Security Council of Its Chapter VII Powers

By Danesh Sarooshi | Go to book overview

3
The Delegation of Powers to UN Subsidiary Organs

The six principal organs of the United Nations possess the authority to establish and utilize subsidiary organs in the attainment of their Charter objectives.1 There is, however, an important distinction to be made between the legal considerations relating to the establishment and termination of a subsidiary organ and the lawfulness of the activities of a subsidiary organ. The establishment and termination of UN subsidiary organs is governed by a legal framework consisting of the relevant provisions of the UN Charter and those parts of the general law of international institutions that relate to this activity, while the lawfulness of the acts of subsidiary organs will depend on the subsidiary complying with the legal mandate conferred on it by the principal. The former deals with the competence of principal organs to establish and terminate subsidiary organs while the latter is concerned with the subsidiary remaining within the bounds of its delegated mandate. This Chapter is concerned primarily with the identification of those elements of the general legal framework that govern the processes of establishment and termination of UN subsidiary organs. This is important to our more general enquiry relating to a delegation of Chapter VII powers since the question of a lawful delegation of powers to a subsidiary organ is inextricably linked to the process of its lawful establishment. This framework applies to all UN

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1
Article 7(1) of the Charter establishes the following principal organs of the United Nations: the General Assembly; the Security Council; the Economic and Social Council; the Trusteeship Council; the International Court of Justice; and the Secretariat. For the scope of the authority of principal organs to establish subsidiary organs, see infra Section II. The literature on UN subsidiary organs has not been extensive. The main works include: Reuter P., "Les Organes Subsidiaires des Organisations Internationales", in Hommage d'une Génération de Juristes au Président Basdevant ( Chaumont C., ed.) ( 1958), pp. 415-30; Torres S. Bernardez , "Subsidiary Organs", in Manuel sur les organisations internationales ( Dupuy R-J., ed.) ( 1988), p. 109; Sarooshi, D., "The Legal Framework Governing United Nations Subsidiary Organs", BYIL, 67 ( 1996), p. 413; Ramcharan B., "Lacunae in the Law of International Organizations: The Relations between Subsidiary and Parent Organs with Particular Reference to the Commission and Sub-Commission on Human Rights", in Festchrift Ermacora ( Nowak M., et al. eds.) ( 1988), pp. 37-49; Klepacki Z., The Organs of International Organizations ( 1973), p. 17 et sequentia; Schermers H., and Blokker N., International Institutional Law ( 1995), p. 152; Dutheil de la J. Rochere, "Etude de la composition de certains organes subsidiaires récemment crées par l'Assemblée générale des Nations Unies dans le domaine économique", Annuaire français de droit international ( 1967), p. 307; and commentaries to Articles 7, 22, 29, and 68 of the Charter in the following works: Goodrich L., and Hambro E., The Charter of the United Nations ( 1949), Bentwich N., and Martin A., A Commentary on the Charter of the United Nations ( 1950), La Charte des Nations Unies ( Cot J-P., and Pellet A., eds.) ( 1991), and Simma B., ed., The Charter of the United Nations: A Commentary ( 1994).

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