Hostname: page-component-848d4c4894-75dct Total loading time: 0 Render date: 2024-05-07T06:50:45.849Z Has data issue: false hasContentIssue false

A Novel, If Awkward, Exercise in International Law-Making: Security Council Resolution 1540 (2004)

Published online by Cambridge University Press:  28 January 2005

Get access

Abstract

The article deals with Security Council Resolution 1540 (2004), of 28 April 2004. In it the Council, acting under Chapter VII of the Charter to keep weapons of mass destruction away from terrorists, imposed obligations on states. Brief observations on the concept of legislation are followed by comments on instances of near legislation by the Council and on Resolution 1373 (2001), of 28 September 2001, in which the Council, reacting under Chapter VII, and unanimously to the dreadful terrorist attacks of the 11th of that month, took measures fully comparable to legislation. Resolution 1373 (2001) imposed on states rules and principles already sanctioned by the General Assembly, which ties in with the lack of any trace of the preparatory work on the resolution, adopted so to speak instantaneously. In contrast, Resolution 1540 (2004), which imposed on states entirely new rules, arose from a protracted and officially mentioned process of private consultations leading to two open Security Council meetings, at which many states commented on the draft resolution under consideration, questioning its constitutionality and pointing to problems of interpretation and application it raised. Those issues, which did not prevent the unanimous adoption of Resolution 1540 (2004), are the main topic of the article.

Type
Articles
Copyright
© T.M.C. Asser Press 2004

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)