Ch.1 The Constitutional Framework

2014 ◽  
Author(s):  
Sievers Loraine ◽  
Daws Sam
Keyword(s):  
Cold War ◽  
Security Council ◽  
Council Member ◽  
Member States ◽  
Complete Consistency ◽  
Rules Of Procedure ◽  
Definition Of ◽  
The Cold War ◽  
Case Basis

This introductory chapter presents the background and definition of the framework used in Security Council operations. The UN Charter had been ratified in haste in 1945, though there soon arose difficulties in interpretation and procedure as regards a document that is essentially a living institution. Consequently, much of the practice established by the Security Council in relation to the interpretation of its Provisional Rules of Procedure developed during those early decades. Practice was generally laid down on a case-by-case basis, sometimes without complete consistency, until there seemed to be consensus on most of the procedural points at issue. Since the end of the Cold War, while skirmishes over procedure among Council members still occasionally occur, more often the procedural matters taken up by the Security Council have been in connection with its relations with non-Council Member States and working methods which would enhance the Council's efficiency.

The Evolving Nature of the Jurisdiction of the Security Council

2019 ◽  
pp. 480-503
Author(s):  
Georg Kerschischnig ◽  
Blanca Montejo
Keyword(s):  
Cold War ◽  
Civil Society ◽  
Security Council ◽  
International Security ◽  
Legal Framework ◽  
Member States ◽  
International Jurisdiction ◽  
Rules Of Procedure ◽  
The Cold War ◽  
The Way

This chapter studies the original conception of the Security Council’s jurisdiction and contrasts it with the way its jurisdiction has developed and expanded in practice since the end of the Cold War. The Security Council’s jurisdiction—which is principally political and informed primarily by political rather than legal considerations—rests on a limited legal framework consisting of provisions in the UN Charter and of the Council’s own provisional rules of procedure. Nevertheless, the Security Council’s jurisdiction has expanded considerably since the end of the Cold War and has expanded into areas beyond international security. One notable area in which the Council’s competence has increased in this period is that of sanctions. These jurisdiction-related developments in the Council’s practice reflect a world in which the line between national and international jurisdiction are no longer clear or desirable. At the same time, the Council has also increased its interaction with UN Member States and with civil society.

The Humdrum Use of Ultimate Authority: Defining and Analysing Chapter VII Resolutions

2009 ◽  
Vol 78 (3) ◽  
pp. 309-342 ◽  
Author(s):  
Patrik Johansson
Keyword(s):  
Cold War ◽  
United Nations ◽  
Security Council ◽  
Security Council Resolution ◽  
Post Cold War ◽  
Standard Definition ◽  
The Status ◽  
Definition Of ◽  
The Cold War ◽  
Business As Usual

AbstractUnder Chapter VII of the Charter of the United Nations, the Security Council has the unique authority to make decisions that are binding on member states. However, the lack of a standard definition of what makes a Security Council resolution "a Chapter VII resolution" has caused disagreement regarding the status of several resolutions. This is unfortunate as the international community should never have to doubt whether a Security Council resolution is in fact adopted under Chapter VII or not. It is also unnecessary. This article addresses this problem by proposing a definition of Chapter VII resolutions, based on two criteria referred to as "Article 39 determinations" and "Chapter VII decisions". On the basis of the proposed definition, the article describes and analyses a dramatic increase in the use of Chapter VII during the post-Cold War era. It concludes that as Chapter VII has come to constitute the majority of Security Council resolutions in recent years, the resort to Chapter VII no longer signifies exceptional determination and resolve, which it did during the Cold War; instead Chapter VII today implies business as usual. An appendix lists all Chapter VII resolutions from 1946–2008.

Part 2 The United Nations: What it is, 3 The Security Council

2017 ◽  
Author(s):  
Higgins Dame Rosalyn, DBE, QC ◽  
Webb Philippa ◽  
Akande Dapo ◽  
Sivakumaran Sandesh ◽  
Sloan James
Keyword(s):  
Cold War ◽  
United Nations ◽  
Security Council ◽  
Member States ◽  
Primary Responsibility ◽  
Peace And Security ◽  
The United Nations ◽  
The Cold War

The Security Council is unique among the principal organs of the UN in two important ways: member states agree to accept and carry out the decisions it takes in accordance with the UN Charter, and member states have conferred upon it primary responsibility for the maintenance of peace and security. It is also the most influential of the UN principal organs. Since the end of the Cold War the productiveness of the Security Council has increased dramatically. In the 1990s, it adopted an average of 64 resolutions a year. In 2016, it adopted 76 resolutions. This chapter discusses the Security Council’s membership, procedure, meetings, non-members, non-state entities, voting, presidency, and functions (oversight and peace and security).

Land of Blue Helmets

2016 ◽  
Keyword(s):  
Cold War ◽  
United Nations ◽  
Arab World ◽  
International Conflicts ◽  
Member States ◽  
Post Cold War ◽  
The Past ◽  
The United Nations ◽  
The Cold War ◽  
Political Mediation

Born in 1945, the United Nations (UN) came to life in the Arab world. It was there that the UN dealt with early diplomatic challenges that helped shape its institutions such as peacekeeping and political mediation. It was also there that the UN found itself trapped in, and sometimes part of, confounding geopolitical tensions in key international conflicts in the Cold War and post-Cold War periods, such as hostilities between Palestine and Iraq and between Libya and Syria. Much has changed over the past seven decades, but what has not changed is the central role played by the UN. This book's claim is that the UN is a constant site of struggle in the Arab world and equally that the Arab world serves as a location for the UN to define itself against the shifting politics of its age. Looking at the UN from the standpoint of the Arab world, this volume includes chapters on the potential and the problems of a UN that is framed by both the promises of its Charter and the contradictions of its member states.

State Failure and the Political Violence Phenomenon: A Comparative Analysis of Iraq and Syria Cases

2016 ◽  
Vol 4 (2) ◽  
pp. 170 ◽  
Author(s):  
K. Eylem Özkaya Lassalle
Keyword(s):  
Cold War ◽  
Political Violence ◽  
State Failure ◽  
The Political ◽  
Collective Violence ◽  
Short Run ◽  
Definition Of ◽  
The Cold War

The concept of failed state came to the fore with the end of the Cold War, the collapse of the USSR and the disintegration of Yugoslavia. Political violence is central in these discussions on the definition of the concept or the determination of its dimensions (indicators). Specifically, the level of political violence, the type of political violence and intensity of political violence has been broached in the literature. An effective classification of political violence can lead us to a better understanding of state failure phenomenon. By using Tilly’s classification of collective violence which is based on extent of coordination among violent actors and salience of short-run damage, the role played by political violence in state failure can be understood clearly. In order to do this, two recent cases, Iraq and Syria will be examined.

Prologue

2017 ◽  
Author(s):  
Peter D. McDonald
Keyword(s):  
Cold War ◽  
Cultural Diversity ◽  
The State ◽  
The Political ◽  
Cultural Expression ◽  
Intangible Heritage ◽  
History Of ◽  
Definition Of ◽  
The Cold War ◽  
Print Literacy

The section introduces Part II, which spans the period 1946 to 2014, by tracing the history of the debates about culture within UNESCO from 1947 to 2009. It considers the central part print literacy played in the early decades, and the gradual emergence of what came to be called ‘intangible heritage’; the political divisions of the Cold War that had a bearing not just on questions of the state and its role as a guardian of culture but on the idea of cultural expression as a commodity; the slow shift away from an exclusively intellectualist definition of culture to a more broadly anthropological one; and the realpolitik surrounding the debates about cultural diversity since the 1990s. The section concludes by showing how at the turn of the new millennium UNESCO caught up with the radical ways in which Tagore and Joyce thought about linguistic and cultural diversity.

scholarly journals Informal Reform of the United Nations Security Council

2018 ◽  
Vol 40 (1) ◽  
pp. 97-115
Author(s):  
Mariana Pimenta Oliveira Baccarini
Keyword(s):  
Cold War ◽  
United Nations ◽  
Security Council ◽  
United Nations Security Council ◽  
Decision Making Process ◽  
Institutional Perspective ◽  
The United Nations ◽  
Lock In Effect ◽  
The Cold War ◽  
Lock In

Abstract This article analyses attempts to reform the United Nations Security Council from a historical-institutional perspective. It argues that the possibilities for reform have suffered from a ‘lock-in’ effect that has rendered the UN resistant to change. On the other hand, the UN decision-making process has evolved since its establishment, especially since the end of the Cold War, in response to new power aspirations, making it more representative and legitimate. The Security Council has also undergone continuous informal reform that has allowed it to adapt to new times.

un Security Council vs. Weapons of Mass Destruction

2016 ◽  
Vol 85 (2) ◽  
pp. 147-161
Author(s):  
Hans Blix
Keyword(s):  
Cold War ◽  
Security Council ◽  
International Institutions ◽  
Great Powers ◽  
Weapons Of Mass Destruction ◽  
Mass Destruction ◽  
Nuclear Program ◽  
Major Powers ◽  
Un Security Council ◽  
The Cold War

International institutions given the task to maintain collective security and to seek disarmament need to build on cooperation between major powers. The authors of the un Charter vested great powers in the Security Council but a consensus between the five permanent great powers was required for use of the powers. This inevitably paralyzed the Council during the Cold War. After the end of the Cold War, the permanent members have remained unable jointly to pursue disarmament, but they have succeeded in several remarkable cases to reach consensus, notably on measures to prevent the further spread of weapons of mass destruction. The quick action to eliminate chemical weapons in Syria was a win-win case led by us-Russian diplomacy, while the comprehensive deal settling the controversy over Iran’s nuclear program was a victory for patient diplomacy involving all permanent members and the eu. These actions show the potentials of the Council.

scholarly journals A EVOLUÇÃO DO PEACEKEEPING: SUEZ, RUANDA E REPÚBLICA DEMOCRÁTICA DO CONGO

2017 ◽  
Vol 5 (10) ◽  
Author(s):  
Maria Fernanda Affonso Leal ◽  
Rafael Santin ◽  
David Almstadter De Magalhães
Keyword(s):  
Cold War ◽  
United Nations ◽  
Security Council ◽  
Democratic Republic ◽  
Democratic Republic Of Congo ◽  
Republic Of Congo ◽  
Peacekeeping Operations ◽  
The United Nations ◽  
The Cold War ◽  
The Way

Since the first peacekeeping operation was created until today, the UN has been trying to adapt them to the different contexts in which they are deployed. This paper analy- ses the possibility of a bigger shift happening in the way the United Nations, through the Security Council, operates their Peacekeeping Operations. The change here ad- dressed includes, mainly, the constitution of more “robust” missions and the newly introduced Intervention Brigade in the Democratic Republic of Congo. By presenting three missions (UNEF I, UNAMIR and MONUSCO) deployed in different historic periods, we identified various elements in their mandates and in the way these were established which indicate a progressive transformation in the peacekeeping model since the Cold War - when conflicts were in their majority between States – until present days, when they occur mostly inside the States.

The American Conception of National Security and the Beginnings of the Cold War, 1945–1948

2019 ◽  
pp. 117-163
Author(s):  
Melvyn P. Leffler
Keyword(s):  
World War Ii ◽  
Cold War ◽  
National Security ◽  
Military Officers ◽  
World War ◽  
Military Conflict ◽  
Civilian Leaders ◽  
Definition Of ◽  
The Cold War ◽  
Political Ferment

This chapter considers how the concept of national security evolved. It demonstrates that U.S. military officers and their civilian leaders did not think that the Kremlin was poised to engage in premeditated military aggression during the Cold War. They did not think Soviet dictator Joseph Stalin wanted to begin another war. They grasped Stalin's view of his own military vulnerabilities and intuited that he wished to avoid military conflict. Nonetheless, U.S. officials felt threatened. They felt threatened precisely because of the lessons they had learned from World War II itself and the definition of America's vital interests that waging World War II had taught them. They had learned that an adversary, or coalition of adversaries, that conquered other countries could assimilate their resources into their own military machine, wage aggressive war, and challenge America's vital interests. Although the Kremlin seemed unlikely to wage war, it nevertheless had the capacity to gain indirect leverage or control over many countries in Europe and Asia because of the political ferment, economic chaos, social strife, and revolutionary nationalist fervor that existed in the aftermath of war.

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