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Citation |
Acta Jurid. Hung. 2008; 49(3): 275-295. |
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Affiliation |
Ministry of Defence of the Republic of Hungary Budapest Hungary (veghk@freemail.hu) |
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Copyright |
(Copyright © 2008, Akadémiai Kiadó) |
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DOI |
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PMID |
unavailable |
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Abstract |
The activities of the UN Security Council after the 11 September attacks provided subject for an extensive theoretic debate on the ongoing "transformation" of international law. Whether and how much international terrorism constitutes a new (legal) threat and whether the current system of international law is appropriate to respond to these threats, has been analysed in many studies.However, another aspect also deserves an in-depth examination; two resolutions of the UN Security Council [1373 (2001) and 1540(2004)] imposing general-abstract legal obligations, including the obligation to adopt certain domestic legal norms, for all the member States of the UN. That is to say, for the first time, the Security Council assumed legislative powers, practically, for the whole membership. Nevertheless, so far the adoption of legislative measures remained rather exceptional, the issue shall not be left ignored. The study focuses on the basic question, namely whether the Security Council has the power to adopt legislative measures-on the established basis of the notion of "legislation". |