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.

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

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.

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.

3. Resolution of the Security Council Concerning the Implementation of the Resolutions of the General Assembly Regarding the Principles Governing the General Regulation and Reduction of Armaments and Information on Armed Forces of the United Nations, February 13, 1947.

1947 ◽  
Vol 1 (2) ◽  
pp. 409-410
Keyword(s):  
United Nations ◽  
Security Council ◽  
Atomic Energy Commission ◽  
Armed Forces ◽  
General Assembly ◽  
International Peace ◽  
Peace And Security ◽  
The United Nations ◽  
The One ◽  
General Regulation

The Security Council, having accepted the resolution of the General Assembly of 14 December 1946 and recognizing that the general regulation and reduction of irmaments and armed forces constitute a most important measure for strengthening international peace and security, and that the implementationof the resolution of the General Assembly on this subject is one of the most urgent and important tasks before the Security Council,RESOLVES:1. to work out the practical measures for giving effect to the resolutions of the General Assembly on 14 December 1946 concerning, on the one hand, the general regulation and reduction of armaments and armed forces, and the establishment of international control to bring about the reduction of armaments and armed forces and, on the other hand, information concerning the armed forces of the United Nations;2. to consider as soon as possible the report submitted by the Atomic Energy Commission and to take suitable decisions in order to facilitate its work;

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.

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”.

The United Nations Observation Group in Lebanon

1964 ◽  
Vol 18 (4) ◽  
pp. 738-765 ◽  
Author(s):  
Gerald L. Curtis
Keyword(s):  
United Nations ◽  
Security Council ◽  
Observation Group ◽  
International Peace ◽  
United Arab Republic ◽  
Peace And Security ◽  
The United Nations ◽  
Internal Affairs

On May 22, 1958, the Lebanese representative at the United Nations presented a letter to the President of the Security Council requesting an urgent meeting of the Council to consider acomplaint by Lebanon in respect to a situation arising from the intervention of the United Arab Republic in the internal affairs of Lebanon, the continuance of which is likely to endanger themaintenance of international peace and security.

1. Report of the Interim Committee of the General Assembly on the Problem of Voting in the Security Council, July 15, 1948.

1949 ◽  
Vol 3 (1) ◽  
pp. 190-202
Keyword(s):  
United Nations ◽  
Security Council ◽  
Secretary General ◽  
General Assembly ◽  
Member States ◽  
The Third ◽  
The United Nations

1. On 21 November 1947, by its resolution 117 (II), the General Assembly requested the Interim Committee to:“1. Consider the problem of voting in the Security Council, taking into account all proposals which have been or may be submitted by Members of the United Nations to the second session of die General Assembly or to the Interim Committee;“2. Consult with any committee which the Security Council may designate to co-operate with the Interim Committee in the study of the problem;“3. Report, with its conclusions, to the third session of the General Assembly, the report to be transmitted to the Secretary-General not later than 15 July 1948, and by the Secretary-General to the Member States and to the General Assembly.”

scholarly journals World Peace and Gender Equality: Addressing UN Security Council Resolution 1325’s Weaknesses

2021 ◽  
pp. 247
Author(s):  
Elizabeth Griffiths ◽  
Sara Jarman ◽  
Eric Jensen
Keyword(s):  
United Nations ◽  
Gender Equality ◽  
Security Council ◽  
International Community ◽  
United Nations Security Council ◽  
Security Council Resolution ◽  
World Peace ◽  
International Peace ◽  
Peace And Security ◽  
The United Nations

The year 2020 marks the twentieth anniversary of the passage of United Nations Security Council Resolution (“UNSCR”) 1325, the most important moment in the United Nations’ efforts to achieve world peace through gender equality. Over the past several decades, the international community has strengthened its focus on gender, including the relationship between gender and international peace and security. National governments and the United Nations have taken historic steps to elevate the role of women in governance and peacebuilding. The passage of UNSCR 1325 in 2000 foreshadowed what many hoped would be a transformational shift in international law and politics. However, the promise of gender equality has gone largely unrealized, despite the uncontroverted connection between treatment of women and the peacefulness of a nation. This Article argues for the first time that to achieve international peace and security through gender equality, the United Nations Security Council should transition its approach from making recommendations and suggestions to issuing mandatory requirements under Chapter VII of the U.N. Charter. If the Security Council and the international community believe gender equality is the best indicator of sustainable peace, then the Security Council could make a finding under Article 39 with respect to ‘a threat to the peace’—States who continue to mistreat women and girls pose a threat to international peace and security. Such a finding would trigger the Security Council’s mandatory authority to direct States to take specific actions. In exercising its mandatory authority, the Security Council should organize, support, and train grassroots organizations and require States to do the same. It should further require States to produce a reviewable National Action Plan, detailing how each State will implement its responsibilities to achieve gender equality. The Security Council should also provide culturally sensitive oversight on domestic laws which may act as a restraint on true gender equality.

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