Research On The Realization Of The Legal Effect Of The Security Council Resolutions

The formation and development of modern international organizations enriches the subjects of international law, as well as affects the formation and implementation of the international law rules. As the most authoritative and universal international organization, the United Nation has become an important part of the international community and has profoundly affected international relationship. The Charter of United Nations assigns the primary responsibility of upholding international peace and security to the Security Council, and allows it on the basis of need to take sanctions, including force. The all member states should honor and enforce the Security Council resolutions. Therefore, the Security Council is the core of authority and making policy. In practice, Security Council resolution ensures the implement of the rules of international law and effectiveness of legal order, maintains the core value of international law, promotes the formation of new international law and improve the existing international law. However, Security Council resolution has encountered many problems in the process of implementing. And the Security Council becomes the target for the opposition of scholars and countries. The thesis discusses mainly the legal effect of the Security Council, the problems of existing of Security Council resolution in the implementation and how to effectively implement the legal validity of Security Council resolution.This essay is divided into five parts:The first section is collating and analyzing the contents of the resolution, the legal effect and the manifestation in the Security Council. As the United Nations Center of power and decision-making, the Security Council undertakes the important responsibility of maintaining international peace and security, different resolution are made according to different dispute, the status in international law are different according to its content in the different resolution. This part aims to analyze the content of Security Council resolution, determine the scope of the Security Council resolution and clear the research object of this paper: based on the authorization of Charter, Security Council make the international security resolution. The resolutions of the Security Council have the force of law, are binding on all member states. Security Council resolution legal effect is mainly manifested in the following three aspects:first, Security Council resolution is the criterion of member behavior. Secondly, the Security Council resolution is the empowerment of international organizations and institutions. Thirdly, the Security Council resolution on general subjects of international law in the law making.The second section is aiming to interpret the Security Council resolution legal basis. First of all, discusses the general theory of legal basis. After a comprehensive analysis of the various schools of argument, this paper believes that legal effect basis comes from two aspects:the foundation of the state coercive power and the rationality of law itself. The implementation of the law must rely on national force to guarantee, no backing, the law can not implement effectively. At the same time, the law itself should have the rationality, is good, people are willing to abide by and meet their needs. Secondly, this article explores the legal validity of Security Council resolution after clearing the legal foundation. As a part of international law and a method, the foundation of Security Council resolutions effect comes from two aspects:the coordination among national will and the rationality of its own. The Security Council is the creation of all Member States on the basis of consensus, the legal validity of a security council resolution comes from all member states to acceptance of the international community as well as to the pursuit of stable and safe international environment.The third section is analyzing the implementation of the legal effect of the resolutions. It includes two aspects:fulfilling consciously of the member states and enforcement of Security Council. All member states have the obligation of implementing the resolutions, which give the Security Council with the authority of maintaining international peace and security and fulfill their promises. At the same time, the realization of the legal validity of the resolution greatly depends on the countries conscious execution. In practice, however, not all resolutions can be effectively abide by. Therefore, the council can adopt the mode of force or non-violence to carry out its resolutions.The forth section is analyzing the obstacles of the resolutions existing in the process of implementation. First of all, the Security Council inappropriately expands its power which will weaken the legal effect of the resolutions. Secondly, the words of the resolutions are vaguely and unspecific. The Charter and the resolutions can not stipulate the specific ways of implementation and fail to wake up the defect, causing western countries to use it as the tool to propagate their hegemonic power. Thirdly, it is lake of unified standards of the implementation of the resolutions. Because there is no uniform standard of execution, member states will casual interpret the resolution and do not accept the provisions of the resolutions on certain matters. Finally, it is lake of regulation of implementation. The investigation system in some of the resolutions can not be carried out in the process of implementation.The fifth section is improving suggestions of the resolutions implementation. Firstly, it should regulate the right of determining the existence of any threat to the peace and security of Security Council which is the premise of Security Council to take compulsory measures. If do not regulate the rights, the resolutions will be easily biased toward some special countries. It should make the connotation of the "international peace and security". At the same time, it should unify the right of determining the existence of any threat to the peace and security and the principle of non-interference in internal affairs. Secondly, it should reform Security Council vote system, including expanding the scope of the Security Council members and limiting the veto power. Thirdly, the resolutions wording shall be standardize. Finally, the explanation standard of implementation of the resolutions should be unified.