Security Council Legislation, Article 2(7) of the UN Charter, and the Principle of Subsidiarity

2011 ◽  
Vol 24 (3) ◽  
pp. 539-559 ◽  
Author(s):  
NICHOLAS TSAGOURIAS
Keyword(s):  
United Nations ◽  
Security Council ◽  
Dispute Settlement ◽  
International Peace ◽  
Member States ◽  
Peace And Security ◽  
The United Nations ◽  
The Relationship ◽  
Law Making

AbstractThis article considers the relationship between the United Nations and its member states in view of the Security Council's assertion of legislative powers. It claims that the exponential growth in UN powers at the expense of the powers of its member states cannot be arrested by legal means, because of the nature of the UN system and the absence of legally enforceable criteria and compulsory dispute-settlement mechanisms. For this reason, it proposes a different approach to law-making in the area of international peace and security – one that is built around the principle of subsidiarity, as reflected in Article 2(7) of the UN Charter. The role of the principle of subsidiarity in this respect is to determine which authority is best suited to exercise legislative power and how such power should be exercised in order to attain the objective of peace and security more efficiently. It is thus contended that the principle of subsidiarity promotes co-operative relations between the United Nations and its member states by protecting the latters' jurisdictional authority from unnecessary interference.

scholarly journals The United Nations Security Council Reforms and The Permanent Five Challenge: A Historical Perspective

2020 ◽  
Author(s):  
Aderemi Opeyemi Ade-Ibijola
Keyword(s):  
South Africa ◽  
United Nations ◽  
Security Council ◽  
Historical Perspective ◽  
United Nations Security Council ◽  
International Peace ◽  
Member States ◽  
Peace And Security ◽  
The United Nations ◽  
Middle Powers

The manner in which the United Nations Security Council (UNSC) is presently constituted remains the greatest challenge to the realization of the ambitions of UNSC permanent seat seekers. For the highly infl uential economic giants better known as the “middle powers”- Japan, India, Brazil, and Germany; and African leading contenders such as Nigeria, South-Africa and Egypt ambitions to yield the desired result, they must mandatorily secure the support of the UNSC Permanent fi ve veto holding members. In light of the foregoing, this paper examines the attempts to reform the UNSC since the late 1960s and the roles of the Permanent fi ve members of the UNSC such as Britain, China, France, USA and Russia regarding this endeavour. Specifi cally, it argues that the Permanent fi ve member’s disposition to this issue has been the major challenge to the much desired reform of the UNSC. The UNSC is the main organ of the United Nations (UN) that is vested with powers to maintain international peace and security. Since its creation in mid 1940s, this organ has been criticized for its undemocratic nature by member states whose region are either not represented in the Security Council (SC) or under-represented.  

scholarly journals THE UNITED NATIONS SECURITY COUNCIL RESOLUTION ON SANCTIONS TOWARDS INDIVIDUAL FROM THE PERSPECTIVE OF INTERNATIONAL LAW

2019 ◽  
Vol 3 (2) ◽  
pp. 202-218
Author(s):  
Jessica Priscilla Suri
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
Security Council ◽  
United Nations Security Council ◽  
Islamic State ◽  
International Peace ◽  
Member States ◽  
Peace And Security ◽  
The United Nations

AbstractThe United Nations Security Council (SC) holds the primary responsibility to maintain international peace and security as stipulated in Article 24 of the United Nations Charter (UN Charter). The emergence of international terrorism as a threat to international peace and security encourages the SC to impose sanctions in the form of assets freeze, travel ban and arms embargo towards targeted individuals through the SC Resolutions on Taliban, Al-Qaida and the Islamic State of Iraq and the Levant (ISIL). However, the implementation of UN targeted sanctions towards individuals has been violating the targeted individual’s human rights to property, rights of movement, rights to privacy, honor and reputation, and also the rights to a fair trial. This article will explain about the legitimation of the SC Resolutions in imposing sanction towards an individual, and the obligation of UN member states towards the SC resolution that imposes sanctions against its citizen. The violations of human rights stemming from the implementation of SC Resolutions on sanction towards individuals indicate that the resolutions have been adopted beyond the limits of international law. Therefore this condition makes the resolutions lost its legitimacy under international law. In accordance with Article 25 and 103 of the UN Charter, all member states have an obligation to accept, carry on and give priority to the obligation originating from the SC Resolution including to implement the sanction measures towards individuals. Nevertheless, member states must accommodate and harmonize its obligations in respecting, protecting and fulfilling all the individuals’ rights who are targeted by the SC along with its obligation to the SC Resolutions. Keywords: Human Rights, Sanction towards Individuals, United Nations Security Council.AbstrakDewan Keamanan Perserikatan Bangsa-Bangsa (DK) memiliki tanggungjawab utama untuk menjaga perdamaian dan keamanan internasional berdasarkan Pasal 24 Piagam PBB. Munculnya terorisme internasional sebagai ancaman terhadap perdamaian dan keamanan internasional mendorong DK untuk menjatuhkan sanksi berupa pembekuan aset, pelarangan perjalanan serta embargo senjata kepada individu yang ditargetkan melalui rezim Resolusi Taliban, Al-Qaida dan Islamic State of Iraq and the Levant (ISIL). Dalam penerapannya penjatuhan sanksi tersebut menimbulkan pelanggaran Hak Asasi Manusia (HAM) yaitu hak terhadap properti, hak kebebasan berpindah, hak atas privasi, kehormatan dan reputasi serta hak atas proses pengadilan yang adil. Pelanggaran HAM tersebut memunculkan tujuan dilakukannya penulisan artikel ini yaitu untuk menunjukan mengenai legitimasi resolusi DK yang menjatuhkan sanksi kepada individu, serta memaparkan mengenai kewajiban negara anggota PBB terhadap resolusi DK yang menjatuhkan sanksi kepada warga negaranya. Pelanggaran HAM yang disebabkan oleh penerapan penjatuhan sanksi terhadap individu mengindikasikan bahwa resolusi yang mendasari penjatuhan sanksi tersebut diadopsi dengan melampaui batasan-batasan penjatuhan sanksi DK dan telah kehilangan legitimasinya menurut hukum internasional. Sehingga meskipun negara memiliki kewajiban berdasarkan Pasal 25 dan 103 Piagam PBB untuk tetap menerima, melaksanakan dan mengutamakan kewajibannya berdasarkan Resolusi DK yang menjatuhkan sanksi terhadap individu, negara tetap harus mengakomodir dan mengharmonisasikan kewajibannya dalam menghormati, melindungi dan memenuhi HAM individu yang dijatuhkan sanksi saat melaksanakan kewajibannya yang berasal dari Resolusi DK. Kata Kunci: Dewan Keamanan Perserikatan Bangsa-Bangsa, Hak Asasi Manusia, Sanksi terhadap Individu

The Rhodesian Question at the United Nations

1968 ◽  
Vol 22 (3) ◽  
pp. 649-669 ◽  
Author(s):  
J. Leo Cefkin
Keyword(s):  
United Kingdom ◽  
United Nations ◽  
Security Council ◽  
International Peace ◽  
Member States ◽  
The United Kingdom ◽  
Peace And Security ◽  
The United Nations ◽  
United Nations Charter ◽  
First Time

On December 16, 1966, the Security Council held its 1340th meeting and adopted its 232nd resolution. It was a historic resolution. For the first time the Security Council voted to impose sanctions under Chapter VII of the United Nations Charter aimed at ending the rebellion against the United Kingdom by the Ian Smith regime in Rhodesia. Acting in accordance with Article 39, the Council determined that the situation in Rhodesia constituted “a threat to international peace and security,” and, under Article 41, it decided that all Member States of the United Nations must apply sanctions to bar the importation of a number of basic Rhodesian exports.

scholarly journals Reform of the Backbone of the United Nations

2019 ◽  
Vol 3 (4) ◽  
pp. p279
Author(s):  
Hanne Christensen
Keyword(s):  
United Nations ◽  
Security Council ◽  
General Assembly ◽  
International Peace ◽  
Social Strategies ◽  
Member States ◽  
Peace And Security ◽  
The United Nations ◽  
Social Causes

This paper outlines what can be done to reform the backbone of the United Nations to further the work of the organization. That is the General Assembly, the Security Council and ECOSOC. It shows that the General Assembly can play a stronger role in international peace and security matters by suggesting peace proposals for potential conflicts, and inform the Security Council if, and when, it is not in agreement with measures taken by the Council. The paper comments on ongoing negotiations on Security Council reform and shows the difficulty of reforming the veto clause. It suggests that ECOSOC deals with both economic and social causes of conflicts and develops macro-economic and macro-social strategies to prevent conflict for the General Assembly to recommend to member states and onwards to the Security Council to act on. Some concrete examples are indicated to that effect.

Regional Arrangements and the Maintenance of International Peace and Security: The Role of the African Union Peace and Security Council

2011 ◽  
Vol 48 ◽  
pp. 97-149 ◽  
Author(s):  
Charles Riziki Majinge
Keyword(s):  
United Nations ◽  
Security Council ◽  
African Union ◽  
International Peace ◽  
African Countries ◽  
Un Security Council ◽  
Peace And Security ◽  
The United Nations

SummaryThis article examines the role of regional arrangements under the Charter of the United Nations (UN Charter) in the maintenance of international peace and security. The African Union Peace and Security Council (AU PSC), the organ within the AU charged with addressing threats to international peace and security on the African continent, is used as a case study. The author contends that the major challenges facing regional arrangements in exercising mandates under Article 53 of the UN Charter of the United Nations have more to do with inadequate financial and logistical resources than the nature of those mandates. Taking the AU’s role in Somalia, Sudan, and other African countries as examples, the article demonstrates that the AU PSC has failed to achieve its objective of maintaining peace and security precisely because the United Nations (UN) Security Council — a more powerful and better resourced organ — has failed to live up to its responsibility of extending the assistance necessary to enable the AU PSC to perform its functions. Consequently, the author concludes that the UN Security Council, when delegating powers to regional arrangements to maintain international peace and security, should provide adequate resources to such regional arrangements, especially those that will otherwise have minimal or no capacity to fulfil their mandate effectively.

The UN Secretary-General and the Security Council

2018 ◽  
Keyword(s):  
United Nations ◽  
Security Council ◽  
United Nations Security Council ◽  
Secretary General ◽  
Organizational Relationships ◽  
Dynamic Relationship ◽  
International Mediation ◽  
The United Nations ◽  
The Relationship

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.

The Security Council in the May 1967 Crisis: A Study in Frustration

1969 ◽  
Vol 4 (4) ◽  
pp. 534-550 ◽  
Author(s):  
Ruth Lapidoth
Keyword(s):  
Middle East ◽  
United Nations ◽  
Security Council ◽  
International Peace ◽  
Primary Responsibility ◽  
Peace And Security ◽  
The United Nations ◽  
Six Day War

Members of the United Nations have conferred upon the Security Council “primary responsibility for the maintenance of international peace and security” and have agreed “that in carrying out its duties under this responsibility the Security Council acts on their behalf” (article 24 of the U.N. Charter). The question may be asked whether the Security Council lived up to this responsibility during the May 1967 crisis in the Middle East which preceded the Six Day War. Did the Security Council do everything in its power to avoid the clash, and what were the reasons for its failure to avert the crisis?In order to be able to evaluate the Council's stand, it will be necessary to recall summarily the developments which led up to the hostilities of June 1967, as well as the Security Council's powers under the Charter of the U.N.

What Future for the UN Charter System of War Prevention?

2003 ◽  
Vol 97 (3) ◽  
pp. 590-598 ◽  
Author(s):  
Richard A. Falk
Keyword(s):  
United Nations ◽  
International Law ◽  
Security Council ◽  
United Nations Security Council ◽  
Sovereign State ◽  
Un Security Council ◽  
Inspection Process ◽  
The United Nations ◽  
The Relationship

President George W. Bush historically challenged the United Nations Security Council when he uttered some memorable words in the course of his September 12, 2002, speech to the General Assembly: “Will the UN serve the purpose of its founding, or will it be irrelevant?” In the aftermath of the Iraq war there are at least two answers to this question. The answer of the U.S. government would be to suggest that the United Nations turned out to be irrelevant due to its failure to endorse recourse to war against the Iraq of Saddam Hussein. The answer of those who opposed the war is that the UN Security Council served the purpose of its founding by its refusal to endorse recourse to a war that could not be persuasively reconciled with the UN Charter and international law. This difference of assessment is not just factual, whether Iraq was a threat and whether the inspection process was succeeding at a reasonable pace; it was also conceptual, even jurisprudential. The resolution of this latter debate is likely to shape the future role of the United Nations, as well as influence the attitude of the most powerful sovereign state as to the relationship between international law generally and the use of force as an instrument of foreign policy.

Anticipatory Self-Defence in the Legislative History of the United Nations Charter

1991 ◽  
Vol 25 (1) ◽  
pp. 1-42 ◽  
Author(s):  
Timothy L. H. McCormack
Keyword(s):  
United Nations ◽  
Security Council ◽  
Security Measures ◽  
International Peace ◽  
Armed Attack ◽  
Peace And Security ◽  
The United Nations ◽  
The Right ◽  
United Nations Charter ◽  
Self Defence

Article 51 of the United Nations Charter states that:Nothing in the present Charter shall impair the inherent right of individual or collective self-defense if an armed attack occurs against a member of the United Nations, until the Security Council has taken the measures necessary to maintain international peace and security. Measures taken by Members in the exercise of this right of selfdefense shall be immediately reported to the Security Council and shall not in any way affect the authority and responsibility of the Security Council under the present Charter to take at any time such action as it deems necessary in order to maintain or restore international peace and security.International lawyers are still arguing about the scope of the right of self-defence in Article 51 of the U.N. Charter. Most of the arguments focus on the semantics of Article 51. Those who argue for a “restrictive view” of the provision emphasise the qualifying phrase “if an armed attack occurs”.

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