Individual Article Review on
“The Security Council as World Legislature by Stefan Talmon”
The author of this article, Stefan Talmon, is a professor on Public Law, Public International Law and European Law, and currently teaching at Oxford University. In this article, he examined the resolutions (Resolution 1373, 1540 etc.) made by the United Nations Security Council, arguing that the Security Council has entered its legislative phase. The author used legal approaches to scrutinize the UN Charter as a supporting standpoint to his statement.
Summary of the Article
Basically, his paper here can be divided into three main sections. In the beginning, the author illustrated certain amount of “law-making” resolutions and “legislative activities” made by the United Nations Security Council. For instance, in Resolution 1373, UNSC called upon all member states to take measures in combating terrorism, including the obligations to prevent and suppress the financing of terrorist acts, freeze the sources of terrorists, and criminalize the perpetration of terrorist act. These are the facts which indicates that the Security Council are trying to impose certain general binding rules on states instead of its usual issue-oriented emergency legislation.
The second part of this article, the author has used the UN Charter Articles to support his argument of SC resolutions as a source of International law. Article 24,25, and Chapter 7 of the UN Charter provide legitimacy and binding power to every member state in the United Nations, therefore given the SC the capability to become an international legislator.
However, there are also some limitations to the Security Council legislation. Although the author holds the viewpoint that the SC is becoming a world legislator, he also points out both external and internal limitations on the SC legislation.
In the third section of this article, the author focused on three possible legal limits: Restriction...
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