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Chapter · May 2016

DOI: 10.1093/acprof:oso/9780199399482.003.0004

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Simon Chesterman David M Malone

National University of Singapore United Nations University (UNU)
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University Press Scholarship Online

Oxford Scholarship Online

Law and Practice of the United Nations

Simon Chesterman, Ian Johnstone, and David M. Malone

Print publication date: 2016

Print ISBN-13: 9780199399482
Published to Oxford Scholarship Online: March 2016
DOI: 10.1093/acprof:oso/9780199399482.001.0001

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Simon Chesterman
Ian Johnstone
David M. Malone

DOI:10.1093/acprof:oso/9780199399482.003.0004

This chapter provides extracts from the Reparations case and

other cases on legal personality and the implied powers
doctrine. It then turns to a range of issues associated with the
scope and limits of the United Nations’ legal powers. It
considers who interprets the Charter and the related question
of whether there are any checks on how it is interpreted,
including the possibility of judicial review. It then looks at two
recent illustrations of how the Security Council has stretched
the limits of its legal authority: quasi-judicial and quasi-
legislative acts. The chapter concludes with three sections on
lawmaking by the General Assembly, by some of the
specialized agencies, and through the operational activities of
the United Nations.

Keywords:   United Nations, legal personality, implied powers, Security Council,

General Assembly

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2018. All
Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a
monograph in OSO for personal use (for details see http://www.oxfordscholarship.com/page/privacy-policy).date: 22 August
2018

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