FN:s säkerhetsråd i rättens tjänst – en studie av säkerhetsrådets ingripande under kap. VII i FN-stadgan för rätten till demokrati
2014 (Swedish)Doctoral thesis, monograph (Other academic)Alternative title
The UN Security Council Serving in a Legal Capacity - a Study of Security Council Intervention under Chapter VII in the UN Charter for the Right to Democracy (English)
The hypothesis of the present study is that the UN Security Council has a “quasi-judicial” capacity and is also able to function as a legislator. It is submitted that those roles are immanent in the Council’s mandate according to the UN Charter.
The principle of internal self-determination and its development to encompass the right to democracy are taken to test the hypothesis that the Security Council uses its mandatory powers under Chapter VII to promote public international law.
This is a norm which is in the making, and may be deemed outside the Security Council’s purpose of maintaining international peace and security. But democracy is part of the principle of self-determination, which is one of the United Nations purposes in Article 1 of the Charter.
In part one the Security Council’s competence under the UN Charter Chapter VII and the development of the principle of self-determination, predominantly internal self-determination, are analyzed. The focus is on two new groups claiming rights to self-determination, namely a people’s right to democracy and the right of a minority to take part in government.
Part two of the study is devoted to a case study of 15 cases.
The last part of the study contains the conclusions. The first tries to answer the question whether the Security Council has in a principled way intervened for a right to democracy. If yes, how and in what instances has the Security Council acted in a way that can be seen as a "stare decisis" in the case of upholding democracy?
Then general conclusions tries to answer the question whether the Security Council can act as a police, court of law, and legislator in international law. They show that the Security Council is equipped with broad powers. The police role is foreseen, but nothing hinders it to take up a quasi-judicial role.
Place, publisher, year, edition, pages
Stockholm: Jure, 2014. , 831 p.
Security Council, UN, Democracy, peoples right to self-determination
Säkerhetsrådet, demokrati, folkens rätt till självbestämmande, FN
Law and Society
Research subject Legal Science
IdentifiersURN: urn:nbn:se:su:diva-102016ISBN: 978-91-7223-534-2OAI: oai:DiVA.org:su-102016DiVA: diva2:706739
2014-04-25, De Geersalen, Geovetenskapens hus, Svante Arrhenius väg 14, Stockholm, 10:00 (Swedish)
Linderfalk, Ulf, Professor
Mahmoudi, Said, ProfessorWrange, Pål, Professor