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

2009 ◽  
Vol 78 (3) ◽  
pp. 309-342 ◽  
Author(s):  
Patrik Johansson

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.

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.


2018 ◽  
Vol 40 (1) ◽  
pp. 97-115
Author(s):  
Mariana Pimenta Oliveira Baccarini

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.


2017 ◽  
Vol 66 (4) ◽  
pp. 1002-1026 ◽  
Author(s):  
Byungwon Woo ◽  
Eunbin Chung

How do political factors affect foreign aid allocation? Recognizing that aid can be used as inducement, we argue that the US has incentives to provide aid to countries who oppose it a priori at the United Nations General Assembly when it is the sole country that “buys votes” with aid, in order to maximize the number of favorable votes. When there is a rival country trying to buy votes, as was the case during the Cold War, there are incentives for the US to provide aid even to those who support its position already. We empirically demonstrate that the US provides more aid to countries who hold unfavorable positions to the US only in the post-Cold War era.


Author(s):  
Maria Fernanda Affonso Leal ◽  
Rafael Santin ◽  
David Almstadter De Magalhães

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.


2021 ◽  
pp. 1-27
Author(s):  
Manjari Chatterjee Miller

What is known of rising powers is both sparse and contentious. This chapter discusses the assumptions of rising powers and puts forward an alternate way of understanding them. It shows that all rising powers are not the same, even if their military and economic power is increasing relative to the status quo, and argues that narratives about becoming a great power are an additional element that needs to be considered. It also discusses what great power meant in the late 19th century, during the Cold War, and in post–Cold War eras, and lays out the map of the book. Topics covered in this chapter include the power transition and rising power literature, the role of ideas in foreign policy, and an overview of the perceptions of great power.


2005 ◽  
Vol 4 (3) ◽  
pp. 517-541
Author(s):  
W. Andy Knight

AbstractThe end of the Cold War opened a window of opportunity for the United Nations to play a greater role in international security than it was allowed to play in the midst of the ideological conflict between the United States and the former Soviet Union. However, the expected "peace dividend" never materialized in the post-Cold War period. Instead, a number of civil conflicts erupted and new threats to security, particularly to human security, emerged. This chapter critically examines the evolution of the UN's role in addressing international security problems since 1945, including global terrorism. It also outlines recent attempts by the world body, through extension of its reach beyond the territorial constraints of sovereignty, to build sustained peace through preventive measures and protect human security globally.


1995 ◽  
Vol 142 ◽  
pp. 317-355 ◽  
Author(s):  
J. Mohan Malik

In September 1993, China and India signed an agreement “to maintain peace and tranquillity” along their disputed Himalayan border. This agreement between the two Asian giants – which required both sides to respect the Line of Actual Control (LAC), that is to maintain the status quo pending a peaceful, final boundary settlement and to reduce military forces along the border in accordance with the principle of “mutual and equal security” – has been described as a “landmark agreement” and “a significant step forward” in their uneasy relations since the 1950s. It was a logical culmination of a series of developments since the late 1980s, especially the visit of India's Premier to Beijing in 1988 and the reciprocal visit of China's Premier to New Delhi in 1991; the end of the Cold War and the bipolar system following the Soviet collapse; the consequent dramatic changes in the global strategic environment; and the overall improvement in bilateral relations between China and India.However, the fact that Sino-Indian relations today seem to be better than at any time during the last four decades should not lead one to assume that all the hurdles in the relationship have been overcome. This article examines the factors underlying the current détente, and analyses Indian and Chinese perspectives on their bilateral relations as well as the wider post-Cold War Asian security environment. It concludes that a thaw in Sino-Indian relations notwithstanding, the two sides are poised for rivalry for regional dominance and influence in the multipolar world of the 21st century.


2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Wenfei Liu

Abstract This paper departs from the definition of Slavistics and reviews the history of international Slavic studies, from its prehistory to its formal establishment as an independent discipline in the mid-18th century, and from the Pan-Slavic movement in the mid-19th century to the confrontation of Slavistics between the East and the West in the mid-20th century during the Cold War. The paper highlights the status quo of international Slavic studies and envisions the future development of Slavic studies in China.


Author(s):  
Higgins Dame Rosalyn, DBE, QC ◽  
Webb Philippa ◽  
Akande Dapo ◽  
Sivakumaran Sandesh ◽  
Sloan James

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).


Author(s):  
Ademola Abass

The term collective security in a general sense is given many understandings both professional and nonprofessional. The phrase is sometimes used to describe the organization of security on a “collective” basis. Often, it is used to denote the “collective organization” of security. While neither of these uses is inherently wrong, neither succinctly captures what “collective security” implies when used by international lawyers. In international law, collective security is a term connoting something more dense and intricate, and much more slippery, than the above more straightforward expressions. The notion of collective security, its premise, and objectives are deeply contested by states and scholars. It is universally acknowledged that collective security is today organized under the United Nations; however, regional organizations, which used to focus primarily on economic matters, have attained greater prominence in collective security efforts especially since the end of the Cold War. This article examines the definition of collective security, its features and objectives, the actors that have the responsibility for operating it globally and regionally, its various manifestations, its limitations and, above all, its role in future.


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