Hungarian Yearbook of International Law and European Law

Miscellaneous

Questions of General International Law with Special Regard to the Security Council’s Competence

Keywords Security Council, UN Charter, general international law, jus cogens, erga omnes
Authors Mohammad Alipour en Anikó Szalai
Author's information

Mohammad Alipour
Mohammad Alipour: PhD student, University of Szeged.

Anikó Szalai
Anikó Szalai: associate professor of law, University of Szeged.
  • Abstract

      Based on Article 1 of the UN Charter, the Security Council (SC) shall act in accordance with international law to prevent and remove threats to international peace and security. Even though Article 103 of the UN Charter confers some sort of supremacy on the decisions of the SC, there are nevertheless certain fundamental norms in international law that restrict the SC’s powers from which no derogation is permitted. These are referred to under the heading General International Law (GIL). Principles of GIL are classified into two types: axiomatic and axiological. The former consists of rational principles developed from the logic of nature and the structure of international law and society, and the latter are derived from the values of the international community. GIL does not require the consent of states and impacts the freedom of all subjects of international law, including the UN and its organs. Throughout the course of performing its tasks under the UN Charter, the SC must adhere to the requirements of GIL.

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