The UN Security Council and The Saga of “Global Legislation”: Can Customary International Law Salvage?

Since its release from the Cold War veto chains, the UN Security Council’s expanded activity has peaked around its “global legislation” attempts, particularly within thematic or general rules within case-specific “threat to peace” resolutions. The controversies around the Council’s authority to globally legislate and the appropriateness of its actions, stress two main concerns: the need to restrain the Council from abusing its powers, and to allow it to effectively counter global security threats. This study argues that considering such legislative resolutions as practice for the custom’s manifestation, may be a proper policy-based solution. While it may significantly constrain the Council’s powers, it’ll strengthen its legitimacy and allow it to operate effectively by enabling it to lead the development of custom in the collective security realm.
As such, this paper deals with the need to strength the trust in the Council, as a key entity in the public international law sphere.