The High Level Panel Report on Threats, Challenges and Change and the Future Role of the United Nations Security Council

2005 ◽  
Vol 18 (3) ◽  
pp. 605-620 ◽  
Author(s):  
KENNETH M. MANUSAMA

The UN High Level Panel Report, published in December, takes a comprehensive approach and is very frank in analysing the threats to international peace and security and their rootcauses. Its analysis and recommendations range from economic and social challenges to the use of force. This article discusses in particular the role and tasks that the High Level Panel envisages for the Security Council in light of the threats and challenges it identified. With the events of 11 September 2001 as the pivotal moment in history, the Panel nevertheless does not recommend or insist on fundamental changes of international legal paradigms, including in the (collective) use of force. The Panel's focus on reform of Security Council composition instead of the system that it operates neglects the problems with the latter and the impossibility of achieving the former.

2011 ◽  
Vol 26 (2) ◽  
pp. 235-261 ◽  
Author(s):  
ZOU Keyuan

AbstractThe Charter of the United Nations designates the United Nations Security Council (UNSC) as one of the principal organs of the United Nations, assuming the “primary responsibility for the maintenance of international peace and security”. It has the power to determine the existence of any threat to the peace, breach of the peace, or act of aggression, to make recommendations, and decide what measures should be taken to maintain or restore international peace and security. This article addresses a number of issues concerning how the UNSC Resolutions are enforced at sea in accordance with applicable international law and makes special reference to the circumstances in East Asia, particularly the Korean Peninsula.


2019 ◽  
pp. 346-374
Author(s):  
Gleider Hernández

This chapter looks at the use of force and collective security. Today, the United Nations Charter embodies the indispensable principles of international law on the use of force. These include the prohibition on the unilateral use of force found in Article 2(4), and the recognition of the inherent right of all States to use force in self-defence found in Article 51. Finally, under Chapter VII, a collective security system centred upon the Security Council was established for the maintenance of international peace and security. A key debate over the scope of Article 2(4) is whether a new exception has been recognized which would allow the use of force motivated by humanitarian considerations. It is argued that these ‘humanitarian interventions’ would allow a State to use force to protect people in another State from gross and systematic human rights violations when the target State is unwilling or unable to act.


2016 ◽  
Vol 9 (10) ◽  
pp. 156
Author(s):  
Malihe Behfar ◽  
Hassan Savari

In United Nations history, the legality of Security Council Resolutions, in many cases, is challenged. Generally these challenges take by states that affected Security Councils decisions. With notice that states are the representative for implementation of Security Council Resolutions, they intervene their determination and interpretation in the way that implement Security Council Decisions. In some cases, domestic and regional courts determine the state action in implementation Security Council Resolutions. Although this cases couldn’t provide direct review on Resolutions but affected by way of implementation. Determination by states is probable and arises some concerns about decrease effectiveness of Security Council in maintenance of international peace and security.


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