The use of international law by the United Nations Security Council: An empirical framework for analysis

Abstract

This Article examines the strategic use of international law by the United Nations Security Council. Using an original database, which includes 611 resolutions adopted by the Security Council from 2004 to 2013, it provides a systematic analysis of the Security Council’s behavioral patterns that may help determine significant selection preferences in the exercise of its powers under the United Nations Charter. The analysis shows that while reference to positive international law in the text of resolutions contributes to shaping the politics of the Security Council, current Security Council practice has little or no influence over the development of international law.