Abstract
LL.M. (International Law)
After witnessing the catastrophic effects of the First World War, the pursuit of a global regulatory body charged with the responsibility of maintaining global peace and security was the talk of the day and a body which became known as the League of Nations soon surfaced. However, with the manifestation of the Second World War the essential failure of the League of Nations was evident and led to the creation of a new body along with a dream to prevent the same kind of disastrous conflict the world had just witnessed for a second time from occurring again. The idea that a single body would in essence control the fate of world security matters was brought to life and the United Nations Security Council essentially emerged, reflecting the power balance that ensued at the end of World War 2 – the United States, Britain, the Soviet Union, China and France suddenly became the most powerful nations in the world.
With the existence of regional organisations pre-dating that of both the League and the United Nations, the debate as to the ideal relationship between the global body and regional bodies developed. Despite the fact that the UN Charter essentially instilled a hierarchy, with the Security Council holding primacy over matters of security governance4 whilst allowing regional organisations to act unilaterally only in limited circumstances,5 this debate has continued to the present day.
Since the conception of the United Nations, the traditional role of regional organisations in matters of security governance were mostly limited to peacekeeping and preventative diplomacy and the inaction of the Security Council during the Cold War saw an increase in the activity of these bodies, albeit in these forms.