The Security Council’s Obligations of Good Faith
Florida Journal of International Law, Summer 2003, Vol. XV, Number 4, pp. 541-574
Abstract: The paper first demonstrates that the members of the United Nations Security Council are under a legal duty, both under the Charter and under general principles of international law, to carry their treaty obligations in good faith. The paper then proceeds to identify situations in which the Council might violate this legal obligation, namely when determining a “threat to the peace”, when selecting measures to respond to such a threat and when deciding when the threat has ended. The paper then proceeds to review apparent violations by Council members of their duty of good faith and demonstrates that due to the inherent nature and composition of the Council, its good faith cannot be presumed. In order to prevent the Council to become, itself, an ongoing threat to international peace, a number of measures are proposed.
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