Resoluções do conselho de segurança: como a corte internacional de justiça determina sua natureza vinculante

Abstract

United Nations Security Council resolutions are a fundamental mechanism for this organ to fulfill its functions of maintenance of international peace and security. For this reason, it is necessary to clearly comprehend what makes a resolution binding, so that its fulfillment by UN member States is mandatory. To reach this understanding, a qualitative analysis of the International Court of Justice’s jurisprudence will be conducted, through which it will be possible to notice the necessary criteria for a binding resolution, based on international law. A conclusion is reached, at the end, that the language of a resolution should be analysed in order to understand its nature, supported also by the evocation of UN Charter provisions, previous resolutions and/or declarations of relevant autorities.