Talk:United Nations Security Council Resolution 497

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Long discussion of whether resolution is binding or not

I fail to see why we need to put in individual opinions from non-notable people into this article as to whether this resolution is binding or not. Pocopocopocopoco (talk) 01:12, 14 April 2008 (UTC)[reply]

we don't. it's enough to say that it's non binding. it's not under chapter 7. not complicated. Amoruso (talk) 01:21, 14 April 2008 (UTC)[reply]

I have a concern about making any sort of assertion that it's non-binding when the International Court of Justice says that it is binding. Pocopocopocopoco (talk) 01:31, 14 April 2008 (UTC)[reply]

Non-notable people? You must be joking. Erika De Wet literally wrote the book on Chapter VII resolutions. The book, unsurprisingly, is The Chapter VII Powers of the United Nations Security Council. As for the ICJ, it did make one ruling asserting that - rather unsurprisingly, there was dissent from justices on that Court, and customary international law has ignored that empty assertion. Jayjg ^(talk) 01:35, 14 April 2008 (UTC)[reply]

The ICJ has no authority to deviate from what the UN Charter says. The ICJ opinion itself was non binding. Any international law jurist will tell you this, that Chapter VII is the only binding chapter. The ICJ's message is that it's appropriate by courtesy of nations to accept all international sayings etc. This is not the same thing. By definition, it's not binding, simply because international law as a concept is not binding - it's always down to consent. Chapter VII is a rare exception together with jus cogens laws. Basic International Law I for every J.D or LL.B in the world. Find me one serious international law scholar who says that Chapter VI is binding. Amoruso (talk) 01:36, 14 April 2008 (UTC)[reply]

Since there is a debate as to whether the resolution is binding or not, the article should be unbiased, not making a claim as to whether the resolution is binding. The resolution does not specifically invoke Chapter VII, but neither does Resolution 498 passed the following day which renews the mandate of the United Nations Interim Force in Lebanon for another six months -- an action that could not be taken except under Chapter VII. Chapter VII, specifically Article 52, authorizes the UN to authorize military force. Resolution 497 does not authorize military force, and thus does not relate to Chapter VII. A Chapter VII resolution version of Resolution 497 would authorize the use of military actions to force Israel out of Syria -- which the actual version does not do. That does not mean that the resolution is not binding, however. This resolution makes a finding in international law -- which does not require Chapter VII. I urge that the statement about whether the resolution is binding be replaced with one that states that the resolution does not reference Chapter VII, that this raises the question as to whether it is binding, and links to a separate Wikipedia web page that lays out the arguments for and against whether UNSC resolutions are “binding” if they do not reference Chapter VII. 140.203.154.11 (talk) 14:19, 15 April 2008 (UTC)[reply]

Excellent point. I have linked a diff to the above post in my query at the WP:FTN board. Pocopocopocopoco (talk) 03:08, 25 April 2008 (UTC)[reply]

Except there is no "debate" about it; all sources agree it is not binding. Jayjg ^(talk) 03:17, 25 April 2008 (UTC)[reply]

My recommendation if you want to add all the chapter 7 stuff

Merge all the UN resolutions into one article (call it say UN Resolutions related to the Arab-Israeli Confict). Then have a section talking about Chapter 7. Otherwise your just going to get both sides adding more and more stuff with opinions of different people to each of the articles. Pocopocopocopoco (talk) 01:38, 14 April 2008 (UTC)[reply]

You mean something like List of United Nations resolutions concerning Israel? Jayjg ^(talk) 01:49, 14 April 2008 (UTC)[reply]

OK, I didn't realize there where that many. :) However, are these individual resolutions encyclopedic, or can they just be put on wikisource and you put a note about Chapter 7 on that list? Pocopocopocopoco (talk) 02:06, 14 April 2008 (UTC)[reply]

Please see my post at WP:FTN and add your comments regarding whether resolutions are binding

See here and add your comments if you have any. Pocopocopocopoco (talk) 02:40, 25 April 2008 (UTC)[reply]

What happend?

What happend after 5 January 1982?--Wickey-nl (talk) 11:26, 4 September 2013 (UTC)[reply]