Co-relation Between the Powers of the General Assembly and the Security Council in the Maintenance of International Peace and Security: Dynamics and Limits of UN Charter Interpretation

On 26 April 2022, the General Assembly adopted a resolution establishing a permanent mandate for this body to hold debates on situations that have been vetoed in the Security Council. This decision is one of many manifestations of practices that are at odds with the “letter” of the UN Charter in the field of international peace and security. This practice forms the foundation of this research. It seeks to identify the normative and legal implications of the Charter in question.Applying the law and doctrine of sources of international law (international lawmaking) and interpretation of international treaties, the author attempts to answer questions about how much of the established practice of the collective security system fits into the framework of the interpretation process. An analysis of the practice of applying the UN Charter in the field of international peace and security issues allows us to draw several conclusions. First of all, the practice of applying these norms clearly reflected specific historical models of the balance of power, hence a certain strengthening of the role of the General Assembly and the establishment of “peacekeeping operations” not directly provided for by the UN Charter as a response to the “blockage” of the UN Security Council during the Cold War. At the same time, there has been no “revolution” in the relationship between the competence of the General Assembly and the Security Council: the changes have only led to an expansion of the so-called interpretive community.

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Publication Details

Journal
Journal of Russian Law
Published
2025-01-01
DOI
https://doi.org/10.61205/jrp.2025.5.1
Primary Topic
Global Peace and Security Dynamics
Type
article
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article

Co-relation Between the Powers of the General Assembly and the Security Council in the Maintenance of International Peace and Security: Dynamics and Limits of UN Charter Interpretation

Vera Rusinova
Journal of Russian Law
Global Peace and Security Dynamics
article

Co-relation Between the Powers of the General Assembly and the Security Council in the Maintenance of International Peace and Security: Dynamics and Limits of UN Charter Interpretation

Vera Rusinova
article en

Abstract

On 26 April 2022, the General Assembly adopted a resolution establishing a permanent mandate for this body to hold debates on situations that have been vetoed in the Security Council. This decision is one of many manifestations of practices that are at odds with the “letter” of the UN Charter in the field of international peace and security. This practice forms the foundation of this research. It seeks to identify the normative and legal implications of the Charter in question.Applying the law and doctrine of sources of international law (international lawmaking) and interpretation of international treaties, the author attempts to answer questions about how much of the established practice of the collective security system fits into the framework of the interpretation process. An analysis of the practice of applying the UN Charter in the field of international peace and security issues allows us to draw several conclusions. First of all, the practice of applying these norms clearly reflected specific historical models of the balance of power, hence a certain strengthening of the role of the General Assembly and the establishment of “peacekeeping operations” not directly provided for by the UN Charter as a response to the “blockage” of the UN Security Council during the Cold War. At the same time, there has been no “revolution” in the relationship between the competence of the General Assembly and the Security Council: the changes have only led to an expansion of the so-called interpretive community.

Journal of Russian LawVol. 29(5)
Openalex Percentile: Top 71%
Global Peace and Security Dynamics
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