Cinayət hüququ
The legal authority of un security council counter-terrorism resolutions: normative foundations and institutional constraints
Xülasə
The expansion of the United Nations Security Council’s role in counter- terrorism has generated significant debate concerning the legal basis and limits of its authority to impose binding obligations on Member States. This article studies the normative foundations of Security Council counter-terrorism resolutions adopted under Chapter VII of the UN Charter and examines the institutional constraints that affect their implementation. The purpose of the research is to clarify the doctrinal grounds on which the Council generates compulsory obligations of general scope and to assess their position within the structure of international law. The object of the study is the body of Chapter VII resolutions addressing terrorism, with particular attention to their binding force, quasi-legislative characteristics, and monitoring mechanisms. The methodology is based on doctrinal interpretation of the UN Charter (notably Articles 39, 25, and 103), systematic analysis of relevant resolutions, and review of judicial practice, including advisory opinions and regional human rights jurisprudence. The findings indicate that the Security Council’s counter-terrorism authority is legally robust in its formal Charter foundation, enabling the creation of binding norms applicable to all Member States. However, its practical effectiveness is limited by decentralized implementation, sovereignty-based discretion, monitoring structures lacking coercive powers, and constitutional review within domestic and regional legal systems. The study concludes that the Security Council occupies a central but structurally constrained position within the contemporary international legal order.
Açar sözlər
UN Charter, Security Council, Chapter VII, counter-terrorism, binding obligations, sovereignty, monitoring mechanisms.