Legal status United Nations resolution

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^ e.g. higgins (1994) p. 21
^ sergei a. voitovich, international economic organizations in internatio xczcnal legal process, p. 95. martinus nijhoff publishers, 1995. isbn 0-7923-2766-7
^ legal consequences states of continued presence of south africa in namibia (south west africa) notwithstanding security council resolution 276 (1970), advisory opinion of 21 june 1971 @ paragraphs 87-116, 113: has been contended article 25 of charter applies enforcement measures adopted under chapter vii of charter. not possible find in charter support view. article 25 not confined decisions in regard enforcement action applies decisions of security council adopted in accordance charter. moreover, article placed, not in chapter vii, after article 24 in part of charter deals functions , powers of security council. if article 25 had reference solely decisions of security council concerning enforcement action under articles 41 , 42 of charter, say, if such decisions had binding effect, article 25 superfluous, since effect secured articles 48 , 49 of charter.
^ international court of justice took position in namibia advisory opinion art. 25 of charter, according decisions of security council have carried out, not apply in relation chapter vii. rather, court of opinion language of resolution should analysed before conclusion can drawn binding effect. court seems assume art. 25 may have given special powers security council. court speaks of powers under art. 25 . doubtful, however, whether position can upheld. sir gerald fitzmaurice has pointed out in dissenting opinion: if, under relevant chapter or article of charter, decision not binding, article [69/70] 25 cannot make so. if effect of article automatically make decisions of security council binding, words in accordance present charter quite superfluous . in practice security council not act on understanding decisions outside chapter vii binding on states concerned. indeed, wording of chapter vi shows, non-binding recommendations general rule here. frowein, jochen abr. völkerrecht - menschenrechte - verfassungsfragen deutschlands und europas, springer, 2004, isbn 3-540-23023-8, p. 58.
^ de wet, erika. chapter vii powers of united nations security council, hart publishing, 2004, isbn 1-84113-422-8, pp. 39-40.






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