This chapter considers some legal issues that arise when analyzing some of the main provisions of Chapter VII. It first considers the binding nature of provisional measures under Article 40, whether a determination under Article 39 is a prerequisite for such a determination, and the temporary nature of provisional measures and their timing. Then it considers the legal framework of measures not involving the use of force under Article 41 and possible limitations on their scope and nature.

This chapter examines the history and nature of the Security Council’s relationship with the International Court of Justice (ICJ) and the role that this relationship may play in the exercise of the Council’s functions. It briefly recalls the drafting history pertaining to the Court, including its relationship to the Council, the UN Charter provisions governing the relationship between the two principal organs, and the relationship between them – both potentially and in practice. It concludes that a more prominent role for the Court, within the confines set by the Council itself in this context, could strengthen the effectiveness and legitimacy of the Council as an institution. Under the framework set out in the UN Charter and considering the Council’s wide discretion as to how it executes its responsibilities, the Council could and may want to consider and make use of the ICJ as a useful tool within its diverse toolbox for the maintenance of international peace and security.