Unilateral acts of International law: The example of the resolutions 1633 (2005) and 1721 ( 2006) of United Nations Security Council.
Author: KOUAKOU KOUADIO Amos, amoskk@oddg.org
Director of work: Professor OURAGA Obou, public Law
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Several works of international law published by authors among whom, particularly, Patrick DAILLIER and ALAIN PELLET, treat unilateral acts of States and of international Organisations. In Cote d’Ivoire, the available articles on the resolutions of United Nations Security Council put the emphasis on the political aspects, since published, besides, in non scientific newspapers. Due to their one-sided character, can the resolutions of aforementioned Council have an obligatory juridical force regarding Member States or even non members of United Nations in an international society characterized by the sovereign equality of States? During our researches, we had recourse to libraries, to Internet and to discussions with civil servants of the Foreign Affairs Ministry, as well as ONUCI.
In the first part of the work, we show that the resolution of United Nations Security Council, as unilateral act in international law, is a demonstration of will attributable to a single subject of international law which is the United Nations Organisation, but not to Member States of aforementioned Council. This unilateral character is attenuated, however, by the consensual character of the dispositions of that resolution which take into account regional concerns, as well as those of the Member States of UN Security Council. The resolution of Security Council is also a juridical act. It is, indeed, a decision adopted according to rules of vote, by an organ invested with the main responsibility of keeping international peace and security; a decision, by virtue of the Charter of United Nations, with an obligatory force regarding Member States or even non members, notwithstanding the practical and institutional borders noted.
In the second part, we study the impact of the obligatory force of the unilateral act which is the resolution of United Nations Security Council on the sovereignty of Côte d’Ivoire. We arrive at conclusion that this country remains a sovereign State in spite of attacks in its sovereignty which are translated by a constriction of its reserved domain and a certain heteronomy resulting from the character one-sided of resolutions. So, success in the implementation of its international responsibility, in case of non respect of United Nations Security Council’s resolutions, remains subjected to the goodwill of Cote d’Ivoire. In these conditions only the measurements of coercion taken by this organ of United Nations are likely to overcome a possible poor will of this State, regarding the application of aforementioned resolutions.
In conclusion, we can note that unilateral act and national sovereignty are not incompatible. Indeed, the unilateral act can envisage itself the mechanisms of respect for this sovereignty taking into account the principle of the sovereign equality of States. The resolutions of United Nations Security Council, besides their fastness, have advantage to lead to solutions opposable to all members of United Nations, and even to non member States. Therefore this juridical technique is more suitable to keeping international peace and security than the conventional way.
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