✏️ Sample Solved Problem (IRAC Method) — KSLU Pil Notes
✏️ Sample Solved Problem (IRAC Method)
Problem: The UNSC passes a resolution under Chapter VII requiring all States to freeze the assets of Country X. State Y (a UN member) refuses, saying the resolution violates its sovereignty. Is Y bound?
I — Issue
Whether a UN Security Council resolution adopted under Chapter VII is legally binding on all UN member States, and whether sovereignty under Art 2(1) is a valid defence against compliance.
R — Rule
- Art 25, UN Charter — Members agree to accept and carry out the decisions of the Security Council
- Art 103, UN Charter — In case of conflict, obligations under the UN Charter prevail over all other international agreements
- Art 41 — UNSC may decide measures not involving force (asset freezes, embargoes, travel bans)
- Art 2(1) — Sovereign equality of all States
- Art 2(7) — Domestic jurisdiction protected, but Chapter VII enforcement is expressly excluded from this protection
A — Analysis
Under Art 25, UNSC decisions adopted under Chapter VII are legally binding on all 193 UN members — they are not recommendations. Art 103 makes the Charter superior to all other treaty obligations — if Y has an investment treaty with X that would prevent asset freezes, the UNSC resolution overrides it. Sovereignty under Art 2(1) guarantees equality, not immunity from collective decisions. Art 2(7) itself carves out Chapter VII — “this principle shall not prejudice the application of enforcement measures under Chapter VII.” State Y’s sovereignty argument is expressly excluded by the Charter’s own text.
C — Conclusion
State Y is legally bound to comply. Sovereignty is not a valid defence against a Chapter VII UNSC resolution. Non-compliance exposes Y to further measures under Art 41 (economic sanctions) or Art 42 (collective military force). Art 103 ensures the resolution prevails over any conflicting bilateral obligations.
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