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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Publication information: Book title: The United Nations and the Development of Collective Security:The Delegation by the UN Security Council of Its Chapter VII Powers. Contributors: Danesh Sarooshi - Author. Publisher: Oxford University Press. Place of publication: Oxford. Publication year: 2000. Page number: 86.