Talk:United Nations Security Council Resolution 476

Security Council Decisions Are Binding

I've snipped this part off the end of the sentence about Security Council resolutions:

'The vote on the non-binding resolution, which took place on June 30, 1980, was passed 14-0, with the United States abstaining.

That contention has no legal merit:

'113. It has been contended that Article 25 of the Charter applies only to enforcement measures adopted under Chapter VI1 of the Charter. It is not possible to find in the Charter any support for this view. Article 25 is not confined to decisions in regard to enforcement action but applies to "the decisions of the Security Council" adopted in accordance with the Charter. Moreover, that Article is placed, not in Chapter VII, but immediately after Article 24 in that part of the Charter which deals with the functions and powers of the Security Council. If Article 25 had reference solely to decisions of the Security Council concerning enforcement action under Articles 41 and 42 of the Charter, that is to say, if it were only such decisions which had binding effect, then Article 25 would be superfluous, since this effect is secured by Articles 48 and 49 of the Charter.'

LEGAL CONSEQUENCES FOR STATES OF THE CONTINUED PRESENCE OF SOUTH AFRICA IN NAMIBIA (SOUTH WEST AFRICA) NOTWITHSTANDING SECURITY COUNCIL RESOLUTION 276 (1970)

Article 25 is in Chapter V of the Charter and reads:

The Members of the United Nations agree to accept and carry out the decisions of the Security Council in accordance with the present Charter. harlan (talk) 07:15, 24 January 2009 (UTC)