Abstract

DE LA SERNA GALVAN, Mónica Lourdes. Interpretation of Article 39 of the UN Charter (Threat to the Peace) by the Security Council: Is the Security Council a Legislator for the Entire International Community?. Anu. Mex. Der. Inter [online]. 2011, vol.11, pp.147-185. ISSN 1870-4654.

The Security Council of the United Nations has the obligation and the power to determine under Article 39 of the Charter of the United Nations "the existence of any threat to the peace, breach of peace or act of aggression" (in this article the author will only analyze the concept of "threat to the peace"). However, the Charter does not contain explicitly the limits to the Security Council for the interpretation of the concept. In accordance with the author, that interpretation must be undertaken in conformity with the rules of the Vienna Convention on the Law of Treaties of 1969 and in accordance with the principles and purposes of the United Nations Charter.

Keywords : threat; peace; article 39 of the UN Charte; resolutions 1373 and 1540; Security Council; international legislation.

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