Security Council resolutions have undergone an important evolution over the last two decades. While continuing its traditional role of determining state-specific threats to peace and engaging accordingly in various peaceful or coercive measures, the Security Council has also adopted resolutions that have effectively imposed legal obligations on all United Nations member states.
This book seeks to move away from the discussions of whether the Security Council – in the current composition and working methods – is representative, capable or productive. Rather it assesses whether legislative activity by the Security Council can be beneficial to international peace and security. The authors examine and critique the capacities of the Security Council to address thematic international threats - such as terrorism, weapons proliferations, targeting of civilians, recruitment of child soldiers, piracy – as an alternative to the traditional model of addressing country-specific situations on a case-by-case basis. Ultimately, the book seeks to assess the efficacy of the Security Council as global legislator in terms of complementing the Security Council’s mandate for the maintenance of international peace and security with a preventative and norm-setting capacity.
The book presents views from a diverse range of Security Council stakeholders including academic scholars, political analysts, and international lawyers. This resource will be of great interest to students of international relations, international organizations and international security studies alike.
Introduction, VESSELIN POPOVSKI 1. Constitutionalism and the law: evaluating the Security Council, ANTHONY F LANG, JR 2. The coming “Coke Moment”, CHARLES SAMPFORD 3. Parsing Security Council resolutions: a five-dimensional taxonomy of normative properties, HUGH BREAKEY 4. Quis custodiet consilium securitatis? Reflections on the lawmaking powers of the Security Council, JAN WOUTERS and JED ODERMATT 5. A “legislative” evolution: Security Council resolution 1540 revisited, OLIVIA BOSCH 6. Security Council legislation in counter-terrorism, MONIKA HEUPEL 7. Security Council resolutions on Somali piracy, PETER LEHR 8. The Security Council as global executive but not global legislator: the case of child soldiers, NOËLLE QUÉNIVET 9. The Security Council as legislator and norm builder: impacts on efforts to promote the women, peace, and security agenda
ROBERT ZUBER and MELINA LITO 10. Protection of civilians and law-making in the Security Council, HUGH BREAKEY 11. From environmental governance to environmental legislation: the case of climate change at the Security Council, TRUDY FRASER 12. The Security Council and ad hoc tribunals: law and politics, peace and justice, MARTIN J. BURKE and THOMAS G. WEISS, 13. The International Criminal Court and the Security Council
VESSELIN POPOVSKI, 14. Conclusion: the Security Council as global legislator, TRUDY FRASER