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

6
The Delegation of Powers to Regional Arrangements

The remaining entity to which the Council has delegated Chapter VII powers is regional arrangements or agencies ('regional arrangements').1 The examination of this particular delegation, which is the focus of this Chapter, is divided into three main parts: First, the competence of the Council to delegate Chapter VII powers to regional arrangements. There are two issues which arise in such cases. The first is the legality of a delegation to a regional arrangement from the perspective of the United Nations; the second is the legal implications of such a delegation from the perspective of the regional arrangement. As to the first issue, the legal points in play are in substance the same as those relating to a delegation to individual Members as will be demonstrated. The second issue is concerned with the question whether regional arrangements have the competence to exercize delegated Chapter VII powers. This latter issue arises since, as we recall from Chapter 1, the competence of the Council to delegate Chapter VII powers to an entity does not in itself mean that the entity has the institutional competence to be able to exercize those powers. The second part of this Chapter is concerned with the legality of the practice of the Council in delegating Chapter VII powers to regional arrangements, in

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1
There is an extensive literature concerning the general subject of the use of enforcement powers by regional organizations or arrangements. This includes: Gray C., "Regional Arrangements and the United Nations Collective Security System", in The Changing Constitution of the United Nations ( Fox H., ed.) ( 1997), p. 91; Akehurst M., "Enforcement Action by Regional Agencies with Special Reference to the Organization of American States", BYIL, 42 ( 1967), p. 175; Wolfrum R., "Protection of Regional or Other Interests as Structural Element of the Decision-Making Process of International Organizations", Max Planck Yearbook of United Nations Law, 1 ( 1997), p. 259; Walter C., "Security Council Control over Regional Action", Max Planck Yearbook of United Nations Law, 1 ( 1997), p. 129; NortonMoore J. , "The Role of Regional Arrangements in the Maintenance of World Order", in The Future of the International Legal Order, vol. 3 ( Falk R., and Black C., eds.) ( 1971), p. 122; Nolte G., "Restoring Peace by Regional Action: International Legal Aspects of the Liberian Conflict", ZaöRV, 53 ( 1993), p. 603; Schreur C., "Regionalism v. Universalism", EJIL, 6 ( 1995), p. 477; Rivlin B., "Regional Arrangements and the UN System for Collective Security and Conflict Resolution: A New Road Ahead?", Foreign Relations, 11 ( 1992), p. 95; Boutros-Ghali B. , Contribution a&ude des ententes rdgionales ( 1949); "Commentary to Article 52", in The Charter of the United Nations ( Simma B., ed.) ( 1994), p. 679; "Commentary to Article 53", in The Charter of the United Nations ( Simma, ed.) ( 1994), p. 722; "Commentary to Article 52", in La Charte des Nations Unies ( Cot J-P., and Pellet A., eds.) ( 1991), p. 797; and "Commentary to Article 53", in Cot and Pellet, ibidem, p. 817; and Société Française pour le Droit International Colloque de Bordeaux, Régionalisme, et Universalisme dans le Droit International Contemporain ( 1977).

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