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International Organizations as Law-makers

The Security Council has acted as world legislature, adopting resolutions which impose obligations of a general and abstract character on member States akin to obligations entered into by States in international agreements. The question arises whether under international law and especially under Chapter VII of the UN Charter the Council may assume such far-reaching powers and enact legislation for the international community and, if so, what the limits and procedures of such legislation are. In theory, Council legislation is a powerful instrument for the maintenance of international peace and security; in practice, however, such legislation is fraught with problems, the most significant being the lack of clarity of the legislative acts and the question of implementation. The Council would therefore be well advised to legislate only to an extent which reflects the general will of the member States.

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