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Non-proliferation Law and the United Nations System: Resolution 1540 and the Limits of the Power of the Security Council

Published online by Cambridge University Press:  21 May 2007


This article argues that in passing Resolution 1540, the UN Security Council has confused the proper scope of its enforcement powers under Chapter VII with the proper scope of its long unused, limited, lawmaking powers under Article 26. It has thereby taken to itself by unilateral exercise of its Chapter VII powers a role which, under the Charter system, it is to share with both the General Assembly, in the exercise of its Article 11(1) powers, and the general membership of the United Nations, to whom it is directed under Article 26 to submit proposals for the creation of new international laws in the area of weapons proliferation.

© 2007 Foundation of the Leiden Journal of International Law

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