Guarantees Of International Peace And Security:, The Role Of The UN Security Council In The Settlement Of International Disputes

2019 ◽  
pp. 41
Author(s):  
Catherine Mackenzie
Keyword(s):  
Security Council ◽  
International Peace ◽  
Un Security Council ◽  
Peace And Security

United Nations and Regional Organizations: Complementarity v. Subsidiarity

2016 ◽  
Vol 19 (1) ◽  
pp. 241-277 ◽  
Author(s):  
Alena F. Douhan
Keyword(s):  
United Nations ◽  
Security Council ◽  
Collective Security ◽  
International Peace ◽  
Regional Organizations ◽  
Universal System ◽  
Un Security Council ◽  
Peace And Security ◽  
New System

The United Nations organization was planned to be established as a single universal system of collective security. Major efforts were supposed to be taken by the UN Security Council. Regional organizations were introduced into the system as a subordinate subsidiary means – elements of the system. Over the course of the time it has, however, appeared that the UN Security Council was not able to act in the way prescribed by the UN Charter in suppressing newly emerged threats and challenges in the sphere of security. In the contrary, the role of regional organizations has increased substantially. They do the majority of tasks in the sphere of maintenance of international peace and security, often without authorization or even informing the UN Security Council, although the legality of some of these actions may be dubious. As a result, the Council itself transfers the accent in relations between the UN and regional organizations from subsidiarity to complementarity or even partnership. It is thus necessary to re-check the meaning of the concepts of complementarity and subsidiarity as well as the UN Charter provisions in the changed circumstances and to specify principles of the new system.

scholarly journals What Does the Uniting for Peace Resolution Mean for the Role of the UN Security Council?

AJIL Unbound ◽  
2014 ◽  
Vol 108 ◽  
pp. 118-122
Author(s):  
Ieva Miluna
Keyword(s):  
International Law ◽  
Security Council ◽  
General Assembly ◽  
Collective Security ◽  
International Peace ◽  
Constant Control ◽  
Un Security Council ◽  
Peace And Security ◽  
Normative Role

The Uniting for Peace resolution together with the UN Charter prescribes a certain role for the General Assembly with regard to international peace and security. Larry Johnson addresses that role, but he does not consider a second question: how does the Uniting for Peace resolution affect the UN Security Council? The normative role of the Council is influenced not only by the Charter, but also by general international law. In this comment, I explore the normative role of the Council in fulfilling the Charter’s purpose to maintain international peace and security. I argue that the text of the Charter and the prior practice of both the Assembly and the Council help to determine the proper division of these organs’ respective tasks within the Charter system. I conclude that the Council alone exercises the constant control needed to enforce measures of collective security effectively, and that the Assembly is limited to recommending the consequences for states when threats or breaches of the peace occur.

Regional Arrangements and the Maintenance of International Peace and Security: The Role of the African Union Peace and Security Council

2011 ◽  
Vol 48 ◽  
pp. 97-149 ◽  
Author(s):  
Charles Riziki Majinge
Keyword(s):  
United Nations ◽  
Security Council ◽  
African Union ◽  
International Peace ◽  
African Countries ◽  
Un Security Council ◽  
Peace And Security ◽  
The United Nations

SummaryThis article examines the role of regional arrangements under the Charter of the United Nations (UN Charter) in the maintenance of international peace and security. The African Union Peace and Security Council (AU PSC), the organ within the AU charged with addressing threats to international peace and security on the African continent, is used as a case study. The author contends that the major challenges facing regional arrangements in exercising mandates under Article 53 of the UN Charter of the United Nations have more to do with inadequate financial and logistical resources than the nature of those mandates. Taking the AU’s role in Somalia, Sudan, and other African countries as examples, the article demonstrates that the AU PSC has failed to achieve its objective of maintaining peace and security precisely because the United Nations (UN) Security Council — a more powerful and better resourced organ — has failed to live up to its responsibility of extending the assistance necessary to enable the AU PSC to perform its functions. Consequently, the author concludes that the UN Security Council, when delegating powers to regional arrangements to maintain international peace and security, should provide adequate resources to such regional arrangements, especially those that will otherwise have minimal or no capacity to fulfil their mandate effectively.

Adoption of 1325 Resolution

2018 ◽  
pp. 25-37
Author(s):  
Christine Chinkin
Keyword(s):  
National Security ◽  
International Law ◽  
Security Council ◽  
Terrorist Attacks ◽  
International Peace ◽  
Real Possibility ◽  
Policy Initiatives ◽  
Un Security Council ◽  
Peace And Security ◽  
Oriented Approach

UN Security Council Resolution 1325 was not adopted in a vacuum, but rather can be read with a number of other programs within the Security Council (SC) and UN architecture. These include other thematic resolutions, as well as broader policy initiatives. Taken together, these diverse strands sought to shift the understanding of the SC’s role in the maintenance of international peace and security, away from a classic state-oriented approach to one that places people at its center. The adoption of Resolution 1325, along with these other developments, had implications for the making of international law (the place of civil society and experts within the international legal and institutional framework), for rethinking participation, and the meaning of security/protection. This chapter suggests that 2000 was a pivotal moment when a more human-oriented international law seemed a real possibility and before the turn back toward militarism and national security in the wake of the terrorist attacks of September 11, 2001.

scholarly journals Uniting for “Peace” in the Second Cold War: A Response to Larry Johnson

AJIL Unbound ◽  
2014 ◽  
Vol 108 ◽  
pp. 129-134
Author(s):  
Boris N. Mamlyuk
Keyword(s):  
Security Council ◽  
General Assembly ◽  
International Peace ◽  
Legal Form ◽  
Primary Responsibility ◽  
Un Security Council ◽  
Peace And Security ◽  
General Assembly Resolution ◽  
Un General Assembly ◽  
Legal Justification

Larry Johnson’s timely and important essay challenges both utopian and realist accounts of UN law and practice by reviving the debate over the nature and functions of the UN General Assembly, particularly the General Assembly’s power to deploy certain legal tactics not only to influence collective security deliberations in the UN Security Council, but also, more significantly, to provide some legal justification for multilateral military “collective measures” in the event of Security Council gridlock. One vehicle by which the General Assembly may assert its own right to intervene in defense of “international peace and security” is a “Uniting for Peace” (UFP) resolution, authorized by resolution 377(V) (1950). At its core, a “uniting for peace” resolution is an attempt to circumvent a Security Council deadlock by authorizing Member States to take collective action, including the use of force, in order to maintain or restore international peace and security. General Assembly resolution 377(V) does not require resolutions to take specific legal form—language that echoes the preambular “lack of unanimity of the permanent members [that results in the Security Council failing to] exercise its primary responsibility for the maintenance of international peace and security” is sufficient to render a given resolution a UFP, provided the General Assembly resolution calls for concrete “collective [forceful] measures.” For this reason, experts disagree on precisely how many times a UFP has indeed been invoked or implemented, although informed analysts suggest UFP has been invoked in slightly more than ten instances since 1950.

Part III Observance and Application of Treaties, 15 The Law of Treaties and the UN Security Council: Some Reflections

2011 ◽  
Author(s):  
Wood Sir Michael
Keyword(s):  
Security Council ◽  
Vienna Convention ◽  
International Peace ◽  
Important Distinction ◽  
Un Security Council ◽  
Peace And Security ◽  
The Law ◽  
Harsh Criticism

The UN Security Council impacts on the law of treaties in many different ways — ways that are both foreseen and unforeseen in the Vienna Convention on the Law of Treaties. This has led to harsh criticism by writers, less so by states. There is an important distinction to be made between obligations that are binding on the parties to a treaty by virtue of their participation therein, and obligations that are binding on states for some reason outside the treaty, for example because they are made so by mandatory Council action. Article 103 of the UN Charter has assumed increasing importance and should not be interpreted narrowly. The Council has shown self-restraint in its approach to treaties, interfering only to the extent necessary for the maintenance of international peace and security.

The WPS Agenda and Strategy for the Twenty-First Century

2018 ◽  
pp. 839-849
Author(s):  
Chantal de Jonge Oudraat
Keyword(s):  
Security Council ◽  
First Century ◽  
International Peace ◽  
Gender Based Violence ◽  
Community Needs ◽  
Participation Of Women ◽  
Un Security Council ◽  
Peace And Security ◽  
Gender Based ◽  
And Gender

UN Security Council Resolution 1325 recognized the critical roles women can and must play in advancing international peace and security. The WPS agenda, however, has focused largely on the protection of women in conflict, in particular from sexual and gender-based violence. In doing so, the substantive participation of women in peace and security remains significantly underexplored. This chapter suggests that the lack of progress on the WPS agenda is due to the perception that it is a women’s agenda, as opposed to one that seeks to advance gender equality and security. Moreover, this chapter reveals the challenges associated with the disparate nature of the WPS and security communities. In response, this chapter suggests that for the WPS agenda to advance, the community needs to emphasize that this is not only a women’s agenda. Specifically, the dialogue needs to be reframed to acknowledge that a focus on women is necessary, but not sufficient.

A Competitive Race among Friends: The Campaign of the Kingdom of the Netherlands for a Seat on the UN Security Council

2019 ◽  
Vol 14 (4) ◽  
pp. 467-479
Author(s):  
Bahia Tahzib-Lie ◽  
Jan Reinder Rosing
Keyword(s):  
Decision Making ◽  
The Netherlands ◽  
Security Council ◽  
United Nations Security Council ◽  
Election Campaign ◽  
International Peace ◽  
Campaign Strategy ◽  
Un Security Council ◽  
Peace And Security ◽  
One Year

Summary On 31 December 2018, the Kingdom of the Netherlands — the Netherlands, Aruba, Curaçao and St Maarten — concluded its one-year membership of the United Nations Security Council (UNSC), prompting many to reflect on its meaningful contribution to international peace and security during this time. The UNSC has exclusive and far-reaching powers with regard to maintaining international peace and security. For this reason, non-permanent seats on the UNSC are highly coveted. They confer prestige, influence and respectability on the seat-holders. Given the popularity of these seats, the Kingdom’s ability to influence decision-making within the UNSC became possible only after an intensive election campaign. In this practitioners’ perspective, we provide our insights and observations on the Kingdom of the Netherlands’ campaign strategy for the UNSC elections in 2016.

scholarly journals United Nations Security Council Intervention Towards Gross Human Rights Violation of The Rohingya Ethnicity

2021 ◽  
Vol 8 (06) ◽  
pp. 6464-6474
Author(s):  
Nizam Safaraz
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Security Council ◽  
United Nations Security Council ◽  
Human Rights Violations ◽  
International Peace ◽  
Humanitarian Interventions ◽  
Un Security Council ◽  
Peace And Security ◽  
Human Rights Violation

Abstract             Every human being has the rights to be protected from discrimination by any party, especially the act of gross human rights violations. In order to prevent this, the Security Council has a function to secure international peace and security from threats to international peace. One of the case that is becoming an international concern is the human rights violations on Rohingya by Myanmar Military. In its implementation, the UN Security Council can intervene a country known to violate human rights of its people, however the Security Council's intervention caused a controversy that questioned the validity of the intervention by Security Council. Thus, the purpose of this research is to find out whether the situation in Myanmar is valid for the UN Security Council to carry out humanitarian interventions. Accordingly, this research also analyzes legal measures by the UN Security Council in dealing with human rights violations in Myanmar. Keyword: Human Rights, Humanitarian Intervention, Rohingya, UN Security Council

Sign in / Sign up

Export Citation Format

Share Document