The Delegation of Powers to UN Member States

Abstract

The United Nations (UN) Security Council consistently delegates its Chapter VII powers to UN Member States. Interestingly, although the first few instances of Korea and Southern Rhodesia were seen at the time as being exceptional sui generis cases, they only now, however, appear as part of a continuum in this practice. The Council has delegated its Chapter VII powers to Member States for the attainment of the following five objectives: to counter a use of force by a State or entities within a State; to carry out a naval interdiction; to achieve humanitarian objectives; to enforce a Council declared no-fly zone; and to ensure implementation by parties of an agreement which the Council has deemed is necessary for the maintenance or restoration of peace. This chapter examines whether the UN Security Council has complied with the requirements that flow from the legal framework governing delegation of its Chapter VII powers.