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.

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.

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.

scholarly journals Making Circles of Steel and Castles of Vanity Possible: The Cold War in theLongue Duréeof “Modernity”

2016 ◽  
Vol 75 (4) ◽  
pp. 1019-1029
Author(s):  
Michael H. Bodden
Keyword(s):  
United States ◽  
Cold War ◽  
National Security ◽  
Security Council ◽  
The United States ◽  
The Philippines ◽  
National Security Council ◽  
Defense Department ◽  
The Cold War ◽  
The Way

Alfred McCoy's paper offers a masterful analysis of the way in which the Philippines, and more generally Southeast Asia, were used as base and laboratory for extending US dominance—its hegemony—in the twentieth century, and in particular the Cold War era and its aftermath. He offers a succinct summary of the way in which US organs of global domination—the National Security Council, the CIA, the Defense Department—worked throughout the developing world and in Europe to ensure compliant, anti-communist regimes during the Cold War period, which also meant that more than once the United States was thwarting democracy in a number of locales and thus casting its own ideology of democratic progress and prosperity into doubt.

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).

Part 1 The Cold War Era (1945–89), 4 The Suez Crisis—1956

2018 ◽  
Author(s):  
Hofer Alexandra
Keyword(s):  
United Kingdom ◽  
Cold War ◽  
United Nations ◽  
Final Section ◽  
Use Of Force ◽  
Legal Framework ◽  
Member States ◽  
Suez Crisis ◽  
The United Kingdom ◽  
The Cold War

This chapter examines the intervention led by France, the United Kingdom and Israel against Egypt in 1956. After recalling the facts of the Suez Canal Crisis, it examines the legal positions of the main protagonists (Israel, France, the United Kingdom and Egypt) and the reactions of United Nations member states. The intervention’s legality is then assessed against the international legal framework governing the use of force as it stood in 1956. The final section analyses the intervention’s precedential value and its impact on the jus ad bellum. It is argued that if the intervention initially undermined the United Nations, the forceful reaction of UN member states affirmed the importance of the UN Organization and its principles.

The Unassailable Self: Freud's Image Among Post-war American Intellectuals

2017 ◽  
Vol 19 (1) ◽  
pp. 55-75 ◽  
Author(s):  
Katherine Jenness
Keyword(s):  
World War Ii ◽  
Cold War ◽  
External Force ◽  
Sigmund Freud ◽  
Human Being ◽  
World War ◽  
The Us ◽  
Post War ◽  
The Cold War ◽  
The Way

This paper explores the way American intellectuals depicted Sigmund Freud during the peak of popularity and prestige of psychoanalysis in the US, roughly the decade and a half following World War II. These intellectuals insisted upon the unassailability of Freud's mind and personality. He was depicted as unsusceptible to any external force or influence, a trait which was thought to account for Freud's admirable comportment as a scientist, colleague and human being. This post-war image of Freud was shaped in part by the Cold War anxiety that modern individuality was imperilled by totalitarian forces, which could only be resisted by the most rugged of selves. It was also shaped by the unique situation of the intellectuals themselves, who were eager to position themselves, like the Freud they imagined, as steadfastly independent and critical thinkers who would, through the very clarity of their thought, lead America to a more robust democracy.

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.

The Futurists. Experts in World Futures

2018 ◽  
Author(s):  
Jenny Andersson
Keyword(s):  
Cold War ◽  
Status Quo ◽  
The Other ◽  
Futures Studies ◽  
The Future ◽  
The Status ◽  
The One ◽  
The Cold War ◽  
Images Of The Future ◽  
The Way

Alvin Toffler’s writings encapsulated many of the tensions of futurism: the way that futurology and futures studies oscillated between forms of utopianism and technocracy with global ambitions, and between new forms of activism, on the one hand, and emerging forms of consultancy and paid advice on the other. Paradoxically, in their desire to create new images of the future capable of providing exits from the status quo of the Cold War world, futurists reinvented the technologies of prediction that they had initially rejected, and put them at the basis of a new activity of futures advice. Consultancy was central to the field of futures studies from its inception. For futurists, consultancy was a form of militancy—a potentially world altering expertise that could bypass politics and also escaped the boring halls of academia.

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.

Sign in / Sign up

Export Citation Format

Share Document