PETULANT AND CONTRARY : APPROACHES BY THE PERMANENT FIVE MEMBERS OF THE UN SECURITY COUNCIL TO THE CONCEPT OF THREAT TO THE PEACE UNDER ARTICLE 39 OF THE UN CHARTER
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- Author: TAMSIN PHILLIPA PAIGE
- ISBN: 9789004391390
- Availability: In Stock
Buy PETULANT AND CONTRARY : APPROACHES BY THE PERMANENT FIVE MEMBERS OF THE UN SECURITY COUNCIL TO THE CONCEPT OF THREAT TO THE PEACE UNDER ARTICLE 39 OF THE UN CHARTER | Law Books , FOREIGN BOOKS
Aside from self-defence, a UN Security Council authorisation
under Chapter VII is the only exception to the prohibition on the use of force.
Authorisation of the use of force requires the Security Council to first
determine whether that situation constitutes a ‘threat to the peace’ under
Article 39. The Charter has long been interpreted as placing few bounds around
how the Security Council arrives at such determinations. As such commentators
have argued that the phrase ‘threat to the peace’ is undefinable in nature and
lacking in consistency. Through a critical discourse analysis of the
justificatory discourse of the P5 surrounding individual decisions relating to
‘threat to the peace’ (found in the meeting transcripts), this book
demonstrates that each P5 member has a consistent definition and understanding
of what constitutes a ‘threat to the peace’.