THE UNITED NATIONS SECURITY COUNCIL AND THE NEED FOR STREGHTENING A RULES-BASED INTERNATIONAL SYSTEM

ABSTRACT
International law and the rule of law are the foundations of the international system and the Security Council is the most powerful international body. This article argues that in fulfilling its mandate of international peace and security, economic development and social progress, the Security Council is most legitimate and effective when it submits itself to the rule of law. Section I examines what the rule of law is in international affairs. Section II illustrates how the Security Council has used this concept. Section III discusses how the concept applies to the Security Council by considering specific cases of Security Council action: quasi-legislative resolutions and quasi-judicial functions. Challenges to Security Council authority that have arisen in the context of sanctions targeted at individuals are also examined. Section IV proffers suggestions on the way forward towards clear and foreseeable rules and a system to prevent or sanction violations of these rules. Section V then concludes the article