القيود الموضوعية لسلطات مجلس الأمن في ميثاق الأمم المتحدة = Objectivity restrictions on the powers of the United Nations Security Council under the United Nations Charter

Aros Emiteg, Naser and Ibrahim, Badruddin (2023) القيود الموضوعية لسلطات مجلس الأمن في ميثاق الأمم المتحدة = Objectivity restrictions on the powers of the United Nations Security Council under the United Nations Charter. At-Tajdid, 27 (53). pp. 131-171. ISSN 1823-1926 E-ISSN 2600-9609

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Abstract

This research deals with the concept of objective restrictions established for the exercise of the Security Council's discretionary powers in maintaining international peace and security, granted to it under Article (39) of the Charter, and the necessity of adhering to the rules of association between the provisions of the Charter of the United Nations, its principles and objectives, in line with international changes; As the Security Council is the guarantor tool for maintaining a balance between lasting peace and activating the international justice system, based on the problem of clarifying the legal description of objective restrictions, and standing on their material nature drawn by the Charter of the United Nations for the Security Council to exercise its competence in order to establish the maintenance of international peace and security, and to embody the principles The basis of the Charter, and its relevance to the practical reality of the work of the Security Council in light of international changes, based on the inductive andanalytical approach to the texts of the Charter and the Security Council resolutions in this regard; To know the limits of the function of the Security Council, the requirements of jurisdiction, the mechanism of intervention and the protected interest. The research concluded that the Security Council has a legal obligation when it undertakes the maintenance of international peace and security, in a way that ensures that it does not deviate from the discretionary power granted to it - the decision-making power, the power to take action according to Article (39) of the Charter; By respecting a number of objective restrictions that assume that Security Council decisions are consistent with the objectives and principles of the Charter of the United Nations, and in accordance with the scope of competence of the Security Council granted to it in accordance with Article (24) of the Charter in its capacity as a representative of the Member States of the United Nations to protect their common interests, in addition to that the Council Security sought to expand the concept of international peace and security; to include new threats and challenges posed by the changes in international life between and within countries; To ensure that it exercises the international legitimacy controls contained in the Charter of the United Nations in the field of measures to maintain international peace and security.

Item Type:	Article (Journal)
Uncontrolled Keywords:	United Nations, Security Council, objective limitations, international peace, international security
Subjects:	K Law > K Law (General) K Law > K3150 Public law K Law > KZ Law of Nations
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws > Department of Islamic Law Ahmad Ibrahim Kulliyyah of Laws
Depositing User:	Dr Badruddin Ibrahim
Date Deposited:	15 Sep 2023 14:41
Last Modified:	15 Sep 2023 14:41
URI:	http://irep.iium.edu.my/id/eprint/106614

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