The United Nations Security Council, terrorism and the rule of law

Author(s):  
C. H. Powell
Author(s):  
Hans Köchler

This chapter explores the dialectic of power and law as exemplified in the ambiguous status of sovereignty, in particular in the Charter and practice of the United Nations Organization. One of the main challenges for the rule of law, whether domestic or international, is how to enforce legal norms without privileging the enforcers. This is where sovereignty has revealed its dual face in relations between states. Unlike domestic constitutional systems, the framework of norms of the United Nations lacks basic elements of a separation of powers, granting special status to states that were the most powerful upon the Organization’s foundation. The Charter’s principle of sovereign equality stands in direct contradiction to the norms regulating the use of coercive powers by the UN Security Council. Analyzing multilateral as well as unilateral sanctions regimes, the chapter explains how the antagonism between equality and “coercive privilege” has enabled major global players to evade scrutiny of their conduct, and proposes an amendment of the wording of Article 27(3) of the Charter.


2013 ◽  
Vol 26 (4) ◽  
pp. 875-907 ◽  
Author(s):  
PHIL C. W. CHAN

AbstractGiven the centrality of law in the creation, decision-making, and impact of the United Nations Security Council, the deliberative discourses among Security Council Members, and the necessity for China to articulate its reasons publicly for its actions within the Security Council, the roles that China plays within the Security Council illuminate and clarify its approaches to the current international legal order. This article explains how law serves as a constitutional–normative framework within which the Security Council must function, followed by a discussion of how the Security Council in turn may serve as a locus of deliberative discourses that delineate, influence, and constrain its members’ state behaviours. It challenges the view that law plays a limited role on matters of international security by exploring China's voting behaviour in the Security Council and the arguments that it has proffered. It also discusses how China may respond to a draft Security Council resolution aimed at its conduct other than simply by vetoing it, and how it has taken a proactive role in the maintenance of international peace and security through the Security Council.


Author(s):  
Bakare Najimdeen

Few years following its creation, the United Nations (UN) with the blessing of the United Nations Security Council (UNSC) decided to establish the UN Peacekeeping Operations (UNPKO), as a multilateral mechanism geared at fulfilling the Chapter VII of the UN Charter which empowered the Security Council to enforce measurement to maintain or restore international peace and security. Since its creation, the multilateral mechanism has recorded several successes and failures to its credit. While it is essentially not like traditional diplomacy, peacekeeping operations have evolved over the years and have emerged as a new form of diplomacy. Besides, theoretically underscoring the differences between diplomacy and foreign policy, which often appear as conflated, the paper demonstrates how diplomacy is an expression of foreign policy. Meanwhile, putting in context the change and transformation in global politics, particularly global conflict, the paper argues that traditional diplomacy has ceased to be the preoccupation and exclusive business of the foreign ministry and career diplomats, it now involves foot soldiers who are not necessarily diplomats but act as diplomats in terms of peacekeeping, negotiating between warring parties, carrying their countries’ emblems and representing the latter in resolving global conflict, and increasingly becoming the representation of their countries’ foreign policy objective, hence peacekeeping military diplomacy. The paper uses decades of Pakistan’s peacekeeping missions as a reference point to establish how a nation’s peacekeeping efforts represent and qualifies as military diplomacy. It also presented the lessons and good practices Pakistan can sell to the rest of the world vis-à-vis peacekeeping and lastly how well Pakistan can consolidate its peacekeeping diplomacy.


The United Nations Secretary-General and the United Nations Security Council spend significant amounts of time on their relationship with each other. They rely on each other for such important activities as peacekeeping, international mediation, and the formulation and application of normative standards in defense of international peace and security—in other words, the executive aspects of the UN’s work. The edited book The UN Secretary-General and the Security Council: A Dynamic Relationship aims to fill an important lacuna in the scholarship on the UN system. Although there exists an impressive body of literature on the development and significance of the Secretariat and the Security Council as separate organs, an important gap remains in our understanding of the interactions between them. Bringing together some of the most prominent authorities on the subject, this volume is the first book-length treatment of this topic. It studies the UN from an innovative angle, creating new insights on the (autonomous) policy-making of international organizations and adding to our understanding of the dynamics of intra-organizational relationships. Within the book, the contributors examine how each Secretary-General interacted with the Security Council, touching upon such issues as the role of personality, the formal and informal infrastructure of the relationship, the selection and appointment processes, as well as the Secretary-General’s threefold role as a crisis manager, administrative manager, and manager of ideas.


Sign in / Sign up

Export Citation Format

Share Document