LCIL Talk: 'Security Council Decisions as a Source of Law' - Eran Sthoeger, Brooklyn Law School and Columbia University

Decisions of the UN Security Council are among the most frequently cited ‘non-traditional’ sources of international law — a term that may be taken to refer to sources not expressly mentioned in Article 38(1) of the ICJ Statute. The Council is said to be engaged in ‘law making’ for all States, and its enforcement action has normative effects that go beyond the specific issue it is dealing with. These normative rules are formulated in a body with limited participation and a particular status for its permanent members. The obligations contained therein are said to be an example of rules of international law that do not fit squarely within the ‘traditional’ sources listed in Article 38(1), but fall somewhere ‘in between’. Furthermore, Security Council decisions are ‘obligations under the Charter’, which under Article 103 prevail over other international obligations of UN Member States, and are thus higher in the hierarchy of sources of law.

Thus, it is important for States and other subjects of international law to understand the nature of the Security Council and its decisions. How do we interpret the resolutions of the Security Council? How do we know when the Council has imposed binding obligations and on whom? Beyond clearly binding obligations, what is the legal significance of Security Council action or inaction, or views expressed by Security Council members? 

Eran Sthoeger is a Litigator and Consultant in public international law, an Adjunct Professor of Law at Brooklyn Law School and Lecturer at Columbia University School of Professional Studies.  Eran Sthoeger is a New York based litigator, consultant and advisor on matters of public international law. He has vast experience in litigating and advising on complex legal matters such as land and maritime boundaries, the law of the sea, treaty law, investment law, the law of international organizations, human rights law and the use of force and humanitarian law issues. Eran has appeared before international courts and tribunals, including the International Court of Justice and the International Tribunal for the Law of the Sea.  Eran is also an expert on the workings of the United Nations, particularly the United Nations Security Council, after having worked for a decade at Security Council Report. He is co-author of the book “The UN Security Council and International Law” (CUP, 2022), together with Sir Michael Wood." 

Chair: Dr Fernando Lusa Bordin, Centre Fellow