A Critical Evaluation Of The United Nations Security Council’s Power In Form Of Article 39 Of The United Nations Charter: Interpreation, Invocation And The Morder Threat To International Peace And Security

Rahmon Olalekan Yussuf

Abstract


The purport of Article 39 of the United Nations Charter as to the extent of the power conferred on the United Nations Security Council continues to generate controversy and tension in the international polity. There have been occasions that seemed to warrant the exercise of the collective responsibility powers underscored by the Article 39 but which the Security Council failed to reach a decisive resolution in favour of the use of force or non-forceful intervention permitted under the Charter VII of the United Nation Charters. On the other hand, at several inconspicuous cases, the council had come to the term and reality of the modern threat to the international community in the exercise of the collective responsibility powers. This article explores the various interpretations and the use of the power of the Security Council under Article 39 from the inception of the United Nations, through the cold war era and the post-cold war paradigm. The article argues in favour of a broad and flexible interpretation of the provisions of Article 39 such that the operation and invocation of the Security Council collective responsibility power would embrace modern threat the international peace and security.


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