The United Nations and the Development of Collective Security: The Delegation by the UN Security Council of its Chapter VII Powers(Oxford Monographs in International Law)

This book examines one of the most important challenges facing the United Nations today: the effective and lawful use of force by or under the authority of the UN to maintain or restore peace. In particular, the book provides a legal analysis of the institutional mechanisms and processes which the UN employs to use force to maintain or restore peace. The UN Security Council is the main organ of the UN entrusted with the responsibility for the maintenance or restoration of peace. It is given broad powers of enforcement under Chapter VII of the UN Charter in order to achieve this objective. However, the Charter provision which was intended to provide the Council with a standing military force to carry out enforcement action has not as yet been implemented. In response, the Council has sought to deal with an increasing demand for military enforcement action by delegating its powers in this area to other UN organs (e.g. the UN Secretary-General in Somalia, and the War Crimes Tribunals for Rwanda and the former Yugoslavia), UN Member States (e.g. the coalition against Iraq), and regional and collective self-defence organizations (e.g. NATO in Bosnia). It is this process of delegation of military enforcement powers by the Council which is the focus of the book. By examining the legal framework which governs the process of a delegation by the Council of its Chapter VII powers; the practice relating to the exercise of these powers by each of the delegates concerned; and the policy issues relating to such delegations, the book makes a significant contribution to the content of the law pertaining to the use of force by the UN and provides guidance as to the likely future developments in the legal framework governing collective action to maintain peace under the auspices of the United Nations.

Table of Contents:
Introduction Foreword by Judge Rosalyn Higgins D.B.E., Q.C: 1: The General Legal Framework Governing the Process of a Delegation by the UN Security Council of its Chapter VII Powers I. The Nature of the Process of a Delegation of Chapter VII Powers II. The General Competence of the Security Council to Delegate its Chapter VII Powers III. Limitations on the General Competence of the Security Council to Delegate its Chapter VII Powers IV. The ICJ and the Justiciability of a Delegation of Chapter VII Powers 2: The Delegation of Powers to the UN Secretary-General I. The Competence of the Council to Delegate Chapter VII Powers to the Secretary-General II. The Legal Framework Governing the Exercise of Delegated Chapter VII Powers by the Secretary-General III. The Practice of the Secretary-General in Exercising Delegated Chapter VII Powers 3: The Delegation of Powers to UN Subsidiary Organs I. UN Subsidiary Organs: Issues of Definition II. The Authority of UN Principal Organs to Establish Subsidiary Organs: the Competence of the Council to Delegate Chapter VII Powers to Subsidiary Organs III. Preconditions for the Lawful Establishment of UN Subsidiary Organs 4: The Legal Framework Governing the Delegation of Powers to UN Member States I. The Competence of the Council to Delegate Chapter VII Powers to UN member States II. Limitations on the Competence of the Council to Delegate Chapter VII Powers to Member States III. Responsibility for the Acts of A Force Carrying Out UN Authorised Military Enforcement Action 5: The Delegation of Powers to UN Member States I. A Delegation of Powers to Counter a Use of Force by a State or Entities Within a State II. A Delegation of Powers to Carry Out a Naval Interdiction III. A Delegation of Powers to Achieve Humanitarian Objectives IV. A Delegation of Powers to Enforce a Council Declared No-Fly Zone: The Case of Iraq V. A Delegation of Powers to Ensure Implementation by Parties of an Agreement which The Council Has Deemed is Necessary for the Maintainance or Restoration of Peace 6: The Delegation of Powers to Regional Arrangements I. The Competence of the Council to Delegate Chapter VII Powers to Regional Arrangements II. The Delegation of Powers to NATO III. The Policy of Delegating Chapter VII Powers to Regional Arrangements 7: Concluding Remarks Bibliography Index

About the Author :
Dan Sarooshi is Senior Lecturer in Public international law at University College London

Review :
`contains a thorough and meticulous analysis of the legal implications of the doctrine of delegation when applied in the field of collective security ... this book is a valuable contribution to the literature on the UN collective security system' Journal of Conflict and Security Law 6:1, 2001 `The strength of the study lies in the thoroughness of analysis demonstrated throughout the work. ...an impressively constructed piece of scholarly research. ...a practitioner's guide foe both academics and diplomats on the subject of Chapter VII delegations of a power. With sweeping efficiency, Sarooshi makes sense out of a previously nebulous corpus of Security Council practice, in the process creating a comprehensive benchmark for the comparison of all future Chapter VII delegations.' Alexander Borisoff, Journal of International Law and Politics. `The strength of the study lies in the thoroughness of analysis demonstrated throughout the work.....an impressively constructed piece of scholarly research.....a practitioner's guide for both academics and diplomats on the subject of Chapter VII delegationsof power. With sweeping efficiency, Sarooshi makes sense out of a previously nebulous corpus of Security Council practice, in the process creating a comprehensive benchmark for the comparison of all future Chapter VII delegations.' Alexander Borisoff, Jnl. Intl. Law & Politics Vol. 32:1175 (2000) `The attraction to the author's method is its simplicity, and it is a simplicity that belies an ability to resolve even the most complex issues. Once the theoretical structure is erected, Sarooshi can turn to analyze actual situations armed with an analytical tool of the first rate. Sarooshi's trenchant work, besides providing an invaluable analytical tool, is a remarkable compilation of UN practice and an immensely helpful legal resource.' Harvard International Law Journal, 2000 `the examination is impressive. there can be no doubt that this study constitutes an invaluable addition to the body of knowledge in this constantly evolving area.' The British Year Book of International Law, 1999 `impressive study The book stands out from others for its imaginativeness and thoughtfulness, and the mastery of a vast and complex practice of the Security Council over more than 50 years. Danesh Sarooshi develops indeed no less than a 'theory of legitimate delegation.' European Journal of International Law, 2000 `Dr Sarooshi has provided an elaborate analytical tool to examine Security Council practice and applied it sharply and perceptively. it is an exercise well-worth attempting and carried out in a most accomplished way.' International and Comparative Law Quarterly, 1999 `The United Nations and The Development of Collective Security is a timely, scholarly and original contribution to the ever increasing volume of post cold war literature om the United Nations and collective security... Dr. Sarooshi's approach to collective security is based on an impeccable analysis of the law of international institutions... It is impossible in so short a space to do justice to the depth of Sarooshi's analysis... The United nations and the The Development of Collective Security... posits a clear and convincing framework by which to assess the legality of Security Council practice. As a result, what at first glance appears to be disparate and confusing Security Council practice, is subjected to rigorous and clear legal analysis.' Emily Haslam, Cambrian Law Review, Vol.30 1999 `The high degree of conceptual clarity in a work that deals with the most complex aspects of the maintainance of international peace and security is the key to the book's success.' P.A. Eden, University of Sussex