scholarly journals UN SECRETARY-GENERAL NORMATIVE CAPABILITY TO INFLUENCE THE SECURITY COUNCIL DECISION-MAKING PROCESS

Author(s):  
D. G. Novik ◽  
V. A. Plotnikov

The present article studies the issue of the interrelation between the senior UN official - the Secretary-General and the main UN body - the Security Council. The nature of the Secretary-General role is ambiguous since the very creation of the UN. On one hand, the Secretary-General leads the Secretariat - the body that carries out technical and subsidiary functions in relation to other UN Main Bodies. This is the way the Secretary-General position was initially viewed by the UN authors. On the other hand, the UN Charter contains certain provisions that, with a certain representation, give the Secretary-General vigorous powers, including political ones. Since the very beginning of the UN operation the Secretary-Generals have tried to define the nature of these auxiliary powers, formalize the practice of their use. Special place among these powers have the provisions given in the Charter article 99. This article give to the Secretary-General the right to directly appeal to the Security Council and draw its attention to the situation that, in his (Secretary-General's) opinion may threaten the international peace and security. This right was used by some Secretary-Generals during different crises occurred after the creation of the UN. This article covers consecutively the crisis in Congo, Iran hostage crisis and the situation in Lebanon. These are three situations that forced Secretary-Generals Hammarskjold, Waldheim and de Cuellar to explicitly use their right to appeal to the Security Council. Other cases in UN history involving the Secretary-General appealing to the Security Council while mentioning article 99 cannot be considered as the use of the nature of this article in full sense of its spirit. Such cases were preceded by other appeals to the Council on the same situations by other subjects (notably, the UN member states) or other actions that made Secretary-General to merely perform its technical function. The main research problem here is the search for the UN instrument that could grant the Secretary-General with political powers I addition to existing administrative ones. The outcomes of the analysis show that the main instrument of such kind is the UN Charter Article 99. However, the degree of its usage activity is decreasing over time.

1978 ◽  
Vol 72 (3) ◽  
pp. 586-614 ◽  
Author(s):  
Kurt René Radley

In 1975 the UN General Assembly established a 20-member Committee on the Exercise of the Inalienable Rights of the Palestinian People to prepare a program of implementation to enable the Palestinians to exercise the rights recognized in Resolution 3236 adopted by the General Assembly the previous year. Among the rights affirmed in that resolution is “the inalienable right of the Palestinians to return to their homes and property from which they have been displaced and uprooted …” The Committee’s report and recommendations were completed and submitted to the Secretary-General for transmittal to the Security Council in June 1976.


Author(s):  
Anne Phillips

No one wants to be treated like an object, regarded as an item of property, or put up for sale. Yet many people frame personal autonomy in terms of self-ownership, representing themselves as property owners with the right to do as they wish with their bodies. Others do not use the language of property, but are similarly insistent on the rights of free individuals to decide for themselves whether to engage in commercial transactions for sex, reproduction, or organ sales. Drawing on analyses of rape, surrogacy, and markets in human organs, this book challenges notions of freedom based on ownership of our bodies and argues against the normalization of markets in bodily services and parts. The book explores the risks associated with metaphors of property and the reasons why the commodification of the body remains problematic. The book asks what is wrong with thinking of oneself as the owner of one's body? What is wrong with making our bodies available for rent or sale? What, if anything, is the difference between markets in sex, reproduction, or human body parts, and the other markets we commonly applaud? The book contends that body markets occupy the outer edges of a continuum that is, in some way, a feature of all labor markets. But it also emphasizes that we all have bodies, and considers the implications of this otherwise banal fact for equality. Bodies remind us of shared vulnerability, alerting us to the common experience of living as embodied beings in the same world. Examining the complex issue of body exceptionalism, the book demonstrates that treating the body as property makes human equality harder to comprehend.


2013 ◽  
Vol 7 (1) ◽  
pp. 7
Author(s):  
Doni Budiono

The  authority  of justice in Indonesia  is executed by  the Supreme Courts and  the  justice  boards/body under the Supreme Courts, including  the general  justice, religious affairs justice, military justice,  state administration  justice,  and  the Constitution Court. According to  certainty in  the Act of  Tax Court, Article1, clause  (5),  tax  dispute   refers to the legal dispute arising in the  taxation  affairs between the  tax payer or the  body  responsible for the  tax with   the government   executives  ( Directorate General of Tax) as the consequence of   the issue of  the decree for the  appeal  to the Tax  Court in accordance with the  tax Act, including the  charge  against the  execution of collection   in accordance with the  Act of Tax Collection by force. The  formation of Tax Court is  designed by  the Executives, in this case, the  Department of Finance, specifically  the Directorate   General  of Tax  which has the right to issue  law  more technical about  tax accord to Article 14,  letter A,  President Decree  no. 44  year 1974,  concerning the  basic  organization of the Department.  Based on  it,  it  is clear that  in addition to execute the government  rules and policy,  this body  has to execute judicial   rules and policy. This is against the  principles of  Judicative  Power/Authority in Indonesia,  which   clearly states that this body  should be under the Supreme Court.   Therefore. It is suggested that   the Act  No UU no.14 Year 2012 concerning  Tax Court   be revised  in accordance with the system of  Power Division  of Justice  as  stated in 45 Constitutions.


2020 ◽  
Vol 11 (SPL1) ◽  
pp. 1477-1481
Author(s):  
Ishwari Gaikwad ◽  
Priyanka Shelotkar

The current world situation is both frightening and alarming due to the massive disruption caused by the Covid-19 pandemic. The next few days are censorious as we need to be very precautious in our daily regimen as well as dietary habits. Ayurveda offers knowledge about food based on certain reasoning. Indecent food custom is the chief cause for the rising development of health disorders in the current era. In classical texts of Ayurveda, the concept of diet explained well, ranging from their natural sources, properties and specific utility in pathological as well as physiological manner. In this work, the review of the relevant literature of Ahara (Diet) was carried out from Charak Samhita and other texts, newspapers, articles, web page related to the same.  Every human being is unique with respect to his Prakriti (Physical and mental temperament), Agni (Digestive capacity), Koshtha  (Nature of bowel) etc. For that reason, the specificity of the individual should be kept in mind. Ahara, when consumed in the appropriate amount at the right moment following all Niyamas (Guidelines) given in Ayurveda texts, gives immunity and keeps the body in a healthy state during pandemics such as Covid-19. Ultimately, this will help the human body to maintain its strength for life. This article reviews the concept of diet viz. combination of foods, their quantity and quality, methods of preparation and processing, which are to be followed during pandemics and are essential in maintenance and endorsement of health and preclusion of diseases.


2020 ◽  
Vol 11 (SPL1) ◽  
pp. 832-838
Author(s):  
Roshna Sukheoji Bhutada ◽  
Renu Rathi ◽  
Devyani Dasar

WHO declared Covid 19 /SARS -COV-2 as a global pandemic.Till date, there is no medicine for COVID-19. If the Infection arises in the body then the defence mechanism activated against infection. A recent study suggests that temporarily augmenting the body's immune system in the early stages of COVID-19 can help patient to avoid severe symptoms as it is rightly said prevention is better than cure. Ayurveda approaches to develop physiological reactions to facilitate immunity. Planning of diet is most important to boost immunity.As per many researches to provide supplementary food which contains Zinc, Vitamin C,Vitamin D and immunity boosting foodsuch as citrus natural products, custard apple, apple, papaya is among the Fruits. Vegetables include broccoli, onion, garlic and green leafy vegetables. Nuts, ginger, turmeric, pepper, egg yolk, shellfish, mushroom. The need of the hour is a quick boost to immune system to keep it fit, fighting. One should get the right amount of nutrients from the diet, supplementation regimen to boost immune system.In this review, there are few common supplements and super food studies have been included. It might be a torch bearer as sample menu and their alternatives are given for a normal adult. Needy may change contemplated according to age, sex, body mass index and daily physical activities.


Impact ◽  
2018 ◽  
Vol 2018 (3) ◽  
pp. 26-28
Author(s):  
Jonathan Dawson ◽  
Richard Oreffo

Gels made from clay could provide an environment able to stimulate stem-cells due to their ability to bind biological molecules. That molecules stick to clay has been known by scientists since the 1960s. Doctors observed that absorption into the blood stream of certain drugs was severely reduced when patients were also receiving clay-based antacid or anti-diarrhoeal treatments. This curious phenomenon was realized to be due to binding of the drugs by clay particles. This interaction is now routinely harnessed in the design of tablets to carefully control the release and action of a drug. Dr Dawson now proposes to use this property of clay to create micro-environments that could stimulate stem cells to regenerate damaged tissues such as bone, cartilage or skin. The rich electrostatic properties of nano (1 millionth of a millimetre) -scale clay particles which mediate these interactions could allow two hurdles facing the development of stem-cell based regenerative therapies to be overcome simultaneously. The first challenge - to deliver and hold stem cells at the right location in the body - is met by the ability of clays to self-organise into gels via the electrostatic interactions of the particles with each other. Cells mixed with a low concentration (less than 4%) of clay particles can be injected into the body and held in the right place by the gel, eliminating, in many situations, the need for surgery. Clay particles can also interact with large structural molecules (polymers) which are frequently used in the development of materials (or 'scaffolds'), designed to host stem cells. These interactions can greatly improve the strength of such structures and could be applied to preserve their stability at the site of injury until regeneration is complete. While several gels and scaffold materials have been designed to deliver and hold stem cells at the site of regeneration, the ability of clay nanoparticles to overcome a second critical hurdle facing stem-cell therapy is what makes them especially exciting. Essential to directing the activity of stem-cells is the carefully controlled provision of key biological signalling molecules. However, the open structures of conventional scaffolds or gels, while essential for the diffusion of nutrients to the cells, means their ability to hold the signalling molecules in the same location as the cells is limited. The ability of clay nano-particles to bind biological molecules presents a unique opportunity to create local environments at a site of injury or disease that can stimulate and control stem-cell driven repair. Dr Dawson's early studies investigated the ability of clay gels to stimulate the growth of new blood vessels by incorporating a key molecular signal that stimulates this process, vascular endothelial growth factor (VEGF). In a manner reminiscent of the observations made in the 60s, Dr Dawson and colleagues observed that adding a drop of clay gel to a solution containing VEGF caused, after a few hours, the disappearance of VEGF from the solution as it became bound to the gel. When placed in an experimental injury model, the gel-bound VEGF stimulated a cluster of new blood vessels to form. These exciting results indicate the potential of clay nanoparticles to create tailor-made micro-environments to foster stem cell regeneration. Dr Dawson is developing this approach as a means of first exploring the biological signals necessary to successfully control stem cell behaviour for regeneration and then, using the same approach, to provide stem cells with these signals to stimulate regeneration in the body. The project will seek to test this approach to regenerate bone lost to cancer or hip replacement failure. If successful the same technology may be applied to harness stem cells for the treatment of a whole host of different scenarios, from burn victims to those suffering with diabetes or Parkinson's.


Author(s):  
Richard Gowan

During Ban Ki-moon’s tenure, the Security Council was shaken by P5 divisions over Kosovo, Georgia, Libya, Syria, and Ukraine. Yet it also continued to mandate and sustain large-scale peacekeeping operations in Africa, placing major burdens on the UN Secretariat. The chapter will argue that Ban initially took a cautious approach to controversies with the Council, and earned a reputation for excessive passivity in the face of crisis and deference to the United States. The second half of the chapter suggests that Ban shifted to a more activist pressure as his tenure went on, pressing the Council to act in cases including Côte d’Ivoire, Libya, and Syria. The chapter will argue that Ban had only a marginal impact on Council decision-making, even though he made a creditable effort to speak truth to power over cases such as the Central African Republic (CAR), challenging Council members to live up to their responsibilities.


Author(s):  
Adekeye Adebajo

Egyptian scholar-diplomat Boutros Boutros-Ghali’s relationship with the UN Security Council was a difficult one, resulting eventually in him earning the unenviable record of being the only Secretary-General to have been denied a second term in office. Boutros-Ghali bluntly condemned the double standards of the powerful Western members of the Council—the Permanent Three (P3) of the US, Britain, and France—in selectively authorizing UN interventions in “rich men’s wars” in Europe while ignoring Africa’s “orphan conflicts.” The Council’s powerful members ignored many of his ambitious ideas, preferring instead to retain tight control of decision-making on UN peacekeeping missions. Boutros-Ghali worked with the Security Council to establish peacekeeping missions in Bosnia, Cambodia, Haiti, Rwanda, and Somalia.


Author(s):  
Ellen Jenny Ravndal

This chapter explores all aspects of Trygve Lie’s interaction with the Security Council, beginning with his appointment process and the negotiation of the relative domains of the Council and the Secretary-General. This was a time when the working methods of the UN system were rapidly evolving through political negotiation and responses to external crises. It examines Lie’s personality and character, how he viewed his own responsibilities in the maintenance of international peace and security as crises arose, the legal and political tools he developed and exercised, and his changing relationship with individual permanent members and the six elected members. In the emerging Cold War, Lie’s position in the Security Council would be determined in particular by his relationships with the United States and the Soviet Union. Taking initiative in response to external crises in Iran, Palestine, Berlin, and Korea, Lie succeeded in laying foundations for an expanded political role for the Secretary-General.


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.


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