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11 Touro Int'l L. Rev. 1 (2008)

handle is hein.journals/touint11 and id is 1 raw text is: 

TO URO  INTERNATIONAL LAW REVIEW


                          A   CASE FOR DELEGATION:
        THE  U.N.   SECURITY   COUNCIL, REGIONAL CONFLICTS, AND REGIONAL
                                      ORGANIZATIONS


                                      Bryan D. Kreykes*

    I.     INTRODUCTION: THE NEED FOR SECURITY COUNCIL REFORM

       The   United  Nations  (U.N.)  was   created with   the primary   purpose  of  ensuring

international peace and security.' In order to carry out that purpose, Chapter VII of the U.N.

Charter confers power  on  the Security Council to deal decisively with threats to international

peace.2  If the Security Council determines  that a nation's actions constitute a threat to the

peace, breach of the peace, or act of aggression, it is empowered to decide what measures shall

be taken ... to restore international peace and security.3 Among the measures at its disposal are

sanctions barring trade, either in whole or in part, with offending states,4 the power to order U.N.

member   states to sever diplomatic ties and refrain from communicating with offending states,

and the power to authorize the use of military force.6






* J.D. 2007, New York University School of Law. I thank Professor Thomas Franck of NYU School of Law for his
insight, direction, and inspiration, the faculty and staff of NYU School of Law for their help with research materials
and facilities, and, as always, Doug and Jeannie Kreykes for their constant support.
1 See U.N. Charter pmbl. (stating the primary purpose of the United Nations is to save succeeding generations
from the horrors of war).
2 See generally U.N. Charter ch. VII; The Secretary-General, Report of the Secretary General's High-Level Panel on
Threats, Challenges, and Change, delivered to the General Assembly, U.N. Doc A/59/565 (Dec. 2, 2004)
[hereinafter High-Level Panel Report].
3 U.N. Charter art. 39.
4Id. at art. 41.
5id.
6 Id. at art. 42; see also id. at 43, para. 1 (suggesting that member states would enter into special agreements to
make military forces available to the Security Council to be used by the U.N. as its own standing army); THOMAS M.
FRANCK, RECOURSE TO FORCE: STATE ACTION AGAINST THREATS AND ARMED ATTACKS 24 (Cambridge University
Press 2002) (stating that no state agreed to provide military forces, and Article 42 has been interpreted to allow the
Security Council to authorize the use of force by ad hoc forces made up of willing member states).


[Vol. 112008]


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