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1
Corell, Hans. "UN Security Council Reform—The Council Must Lead by Example." Max Planck Yearbook of United Nations Law Online 22, no. 1 (October 7, 2019): 1–33. http://dx.doi.org/10.1163/18757413_022001002.
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The point of departure in the present article is that the UN Security Council must be reformed. But this reform should not focus on extending the membership of the Council, which seems to be the main issue in the discussion at present. It is imperative that the Council is maintained as an executive organ since this is a precondition for its effective functioning. Too many members would destroy this requirement completely, in particular if additional members are granted veto power. Already 15 members may be past the limit for an executive organ. Additional members will endanger the Council’s ability to fulfil its obligations under Art. 24 of the UN Charter: the primary responsibility for the maintenance of international peace and security. Instead, the reform should focus on resolving the real problem with the Council, namely the manner in which the permanent members sometimes behave. The exercise of the veto power must be in conformity with the UN Charter, which now must be viewed against the background of the development of international law since the UN was established more than 70 years ago. The manner in which some permanent members exercise their veto power is simply not in conformity with the Charter. Against this background it is absolutely necessary that the five permanent members engage in a profound discussion about their performance and the manner in which the veto power is exercised. Here, there is need for statesmanship. The members of the Security Council, and in particular the permanent members, must lead by example. What the Council must focus on is conflict prevention. This requires determination and consequence. The focus must be on the challenges that humankind is facing and will face ever more in the future and the threats to international peace and security that these challenges are causing. The need for the rule of law and protection of human rights are obvious elements in this analysis. Furthermore, the growth of the world population in combination with climate change simply must be addressed in an effective manner. The Council must focus attentively on these ‘conflict multipliers’. The discussion must also focus on peacekeeping and responsibility to protect. With respect to responsibility to protect there is great need for improvement. We cannot accept in the 21st century that fundamental human rights are violated and that crimes against international humanitarian law are being committed on a large scale without consequences. Another important element in this context is empowerment of women. In addressing these questions there is need for close cooperation with regional organizations. This cooperation already exists, but the question is how it can be developed and what lessons can be learnt from the past. Since the five permanent members are also recognized as nuclear-weapon States under the 1968 Non-Proliferation Treaty, they must confirm their obligations under this treaty and make serious their obligation to work for a nuclear-weapon free world. A reform along the lines discussed in the present article can be made without amending the UN Charter.
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Roele, Isobel. "Around Arendt’s table: Bureaucracy and the non-permanent members of the UN Security Council." Leiden Journal of International Law 33, no. 1 (November 28, 2019): 117–37. http://dx.doi.org/10.1017/s0922156519000645.
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AbstractNon-permanent members’ strategies to augment their influence in the United Nations Security Council usually seek parity of status with the permanent members. A more radical and transformative strategy would seek to change the Council itself. Working methods reform holds more potential in this respect than composition reform. At present, however, working methods reform is oriented to increasing non-permanent members’ status and focuses on redistributing administrative roles like sub-committee chairing and penholding. The price non-permanent members pay for their offices, however, is bureaucratic drudgery, which both keeps them from pursuing their own political priorities, and socializes them into the permanent members’ rhythms of work. Using Hannah Arendt’s concepts of work, labour, and natality, this contribution analyses strategies for influence in the Security Council, and offers a negative reading of Arendt’s ideas to suggest that non-permanent members should present a more obstructive counterforce in the Council, by cultivating their difference.
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Blix, Hans. "un Security Council vs. Weapons of Mass Destruction." Nordic Journal of International Law 85, no. 2 (May 17, 2016): 147–61. http://dx.doi.org/10.1163/15718107-08502003.
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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.
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Farrall, Jeremy, Marie-Eve Loiselle, Christopher Michaelsen, Jochen Prantl, and Jeni Whalan. "Elected member influence in the United Nations Security Council." Leiden Journal of International Law 33, no. 1 (November 28, 2019): 101–15. http://dx.doi.org/10.1017/s0922156519000657.
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AbstractThis article reassesses how members of the UN Security Council exercise influence over the Council’s decision-making process, with particular focus on the ten elected members (the E10). A common understanding of Security Council dynamics accords predominance to the five permanent members (the P5), suggesting bleak prospects for the Council as a forum that promotes the voices and representation of the 188 non-permanent members. The assumption is that real power rests with the P5, while the E10 are there to make up the numbers. By articulating a richer account of Council dynamics, this article contests the conventional wisdom that P5 centrality crowds out space for the E10 to influence Council decision-making. It also shows that opportunities for influencing Council decision-making go beyond stints of elected membership. It argues that the assumed centrality of the P5 on the Council thus needs to be qualified and re-evaluated.
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Johnson, Edward. "A permanent UN force: British thinking after Suez." Review of International Studies 17, no. 3 (July 1991): 251–66. http://dx.doi.org/10.1017/s0260210500112148.
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IntroductionPrior to the Suez crisis of 1956, the United Nations found itself restricted in its military response to threats to international peace and security. The authors of the UN Charter had originally called for member states to make armed forces available to the UN Security Council under a set of special agreements to be concluded in the post-war period. These would furnish the UN with the military means to take collective action against aggression which was to be the essential precondition of the success of the UN. The body responsible for the conclusion of these special agreements under Article 43 of the UN charter was the Military Staff Committee (MSC), which comprised the Chiefs of Staff of the five permanent members of the Security Council. However, the divisions of the developing Cold War permeated the MSC from 1946 and it became clear that there were major differences amongst the permanent members on the military role that the UN should play in the post-war international system. As a result, the Article 43 special agreements were stillborn and the UN was left without a formal system to provide it with its own armed forces.
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Howard, Lise Morjé, and Anjali Kaushlesh Dayal. "The Use of Force in UN Peacekeeping." International Organization 72, no. 1 (December 4, 2017): 71–103. http://dx.doi.org/10.1017/s0020818317000431.
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AbstractUN peacekeeping was not designed to wield force, and the UN's permanent five (P-5), veto-wielding Security Council members do not want the UN to develop a military capacity. However, since 1999, the UN Security Council has authorized all UN multidimensional peacekeeping operations under Chapter VII of the UN Charter to use force. The mandates do not serve to achieve the council's stated goal of maintaining international peace, nevertheless, the council repeats these mandates in every multidimensional peacekeeping resolution. Neither constructivist accounts of normative change, nor the rational pursuit of stated goals, nor organizational processes can explain the repetition of force mandates. Instead, we draw on insights from small-group psychology to advance a novel theoretical proposition: the repetition of force mandates is the result of “group-preserving” dynamics. The P-5 members strive to maintain their individual and collective status and legitimacy by issuing decisions on the use of force. Once members achieve a decision, the agreement is applied in future rounds of negotiations, even when the solution does not fit the new context and may appear suboptimal, illogical, or even pathological. Privileging the achievement and reproduction of agreement over its content is the essence of group preserving. We present an original data set of all peacekeeping mandates, alongside evidence from dozens of interviews with peacekeeping officials, including representatives of all of the Security Council's permanent members. We assess this original data using expected causal process observations derived from rationalist, constructivist, organizational, and psychological logics.
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Shcherbak, I. N. "THE ROLE OF THE UN SECURITY COUNCIL IN MAINTAINING PEACE." MGIMO Review of International Relations, no. 6(33) (December 28, 2013): 9–13. http://dx.doi.org/10.24833/2071-8160-2013-6-33-9-13.
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The author devoted his research to the role of the UN Security Council at present time and the challenges to its existence as the linchpin of preservation of universal peace, security and stability at the time of transformation of the modern world under the impact of globalization. The research article sheds some light on the process of reforms of the UN Security Council and discussions on this issue in the UN , positions of the permanent members of the SC (“P-5”) and different scenarios of the expansion of the composition of the Security Council (permanent and non-permanent members).In contrast to some optimistic assumptions on the perspectives of the reform the author reinforces a pragmatic approach to the issue. Special emphasis is made on the importance of preserving the exclusive position of permanent members of the SC (“P-5”) as the guarantor of global stability and security. The reform process is closely entwined with another direction of the reform of the SC – strengthening its core functions and strategic role in prevention of international and regional crises. The conclusions and recommendations contain some ideas aimed at strengthening the reform process of the SC and its effectiveness. The SC should be more involved in planning and implementation of the UN peace- keeping operations. The functions of Military Staff Committee should be expanded and the process of consultations within the “P-5” Group should be reviewed with emphasis on taking political decisions on the basis of consensus.
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Gifkins, Jess. "Beyond the Veto." Global Governance: A Review of Multilateralism and International Organizations 27, no. 1 (February 18, 2021): 1–24. http://dx.doi.org/10.1163/19426720-02701003.
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Abstract The formal rules governing the UN Security Council offer little insight into how negotiations are conducted on a day-to-day basis. While it is generally assumed that permanent members dominate negotiations, this article investigates avenues for influence for elected members and the UN Secretariat. Institutional power is used to show how permanent members adopt dominant positions in negotiations extending far beyond their Charter-given privileges. Dominance of permanent members is moderated, however, by the legitimacy that support from elected members brings to a resolution. Similarly, the UN Secretariat can use its legitimated authority to influence decisions. The article argues that informal practices are key in understanding how power and influence are allocated in the Council and it forms a building block for future analyses of Security Council practices. This argument also has implications for the perennial reform debates and the prospects for informal reform.
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Chekova, J. M. "The reform of the UN Security Council as one of the priorities of the activity of Brazil at the international level." Cuadernos Iberoamericanos, no. 3 (September 28, 2015): 98–109. http://dx.doi.org/10.46272/2409-3416-2015-3-98-109.
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The article deals with the issue of the UN Security Council reform. The author considers the currently existing expansion initiatives, as well as the positions of the five permanent members and the main countries interested in launching the process. The UN Security Council reform is analyzed as one of the priorities of Brazilian foreign policy, so special emphasis is laid on the role of the Latin American giant in this process. The author examines the Brazilian strategy aimed at obtaining a permanent seat in the UN Security Council.
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Moeckli, Daniel, and Raffael N. Fasel. "A Duty to Give Reasons in the Security Council." International Organizations Law Review 14, no. 1 (June 29, 2017): 13–86. http://dx.doi.org/10.1163/15723747-2017001.
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In recent years, the un Security Council has repeatedly come under criticism for its inaction in the face of serious violations of international law. As a means to prevent further deadlocks, this article advocates the introduction of a duty to explain votes cast in the Council. In certain situations, such a duty to give reasons already exists today, although it is not implemented. We propose to extend this duty to all votes in the Security Council and to codify it in its Provisional Rules of Procedure. A comprehensive duty to give reasons has three major virtues: it increases the quality of Council decisions, it enhances legal certainty, and it improves the accountability of the Council and of its members. As opposed to structural reforms, our proposal does not necessitate amending the un Charter and thus does not depend on the consent of the Council’s permanent members.
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R. Zimin. "Non-Permanent Members of the UN Security Council: The Case of Chile." International Affairs 65, no. 002 (April 30, 2019): 169–78. http://dx.doi.org/10.21557/iaf.53420848.
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Loiselle, Marie-Eve. "The penholder system and the rule of law in the Security Council decision-making: Setback or improvement?" Leiden Journal of International Law 33, no. 1 (November 25, 2019): 139–56. http://dx.doi.org/10.1017/s0922156519000621.
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AbstractThis article analyses the decision-making process of the UN Security Council when it adopts outcome documents, such as resolutions, Presidential statements and press statements. It is commonly assumed that because of their veto power and permanency China, France, Russia, the United Kingdom, and the United States have greater influence than their elected counterparts in shaping those outcomes. In recent years, that control has been strengthened by the penholdership system. Under this practice, one or more members, usually France, the United States or the United Kingdom (P3), take leadership over a situation on the agenda of the Council. When ‘holding the pen’ a member often decides what action the Council should take, then drafts an outcome document that it negotiates with other permanent members before sharing the text with elected members. This article explores the development of this practice and its impact on the respect for the rule of law in the Security Council’s decision-making process. It argues that, while concentrating power in the hands of the P3, hence diminishing transparency and the opportunity for all members to participate in the decision-making of the Council, at the same time the penholdership system also provides an avenue to strengthen elected members’ influence in ways that promote respect for the international rule of law.
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Morphet, Sally. "Resolutions and vetoes in the UN Security Council: their relevance and significance." Review of International Studies 16, no. 4 (October 1990): 341–59. http://dx.doi.org/10.1017/s0260210500112409.
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IntroductionThe aim of this paper is to look at the United Nations Security Council and certain of the 646 resolutions and 232 public vetoes (vetoing 192 draft resolutions) cast between 1946 and the end of 1989, and to discover in what ways both it and they have been legally and politically relevant and significant. Security Council resolutions are, of course, passed by majority vote. This had to be 7 out of 11 votes until the end of 1965 when the Council was enlarged from 11 to 15. Security Council resolutions have had since then to be passed by at least 9 votes: these can only be vetoed by the five Permanent Members (the United States, the Soviet Union, the United Kingdom, France and China) if the resolution would otherwise have been passed. By the end of 1989 the veto total for each Permanent Member (the Peoples Republic of China took over the China seat in 1971) was as follows: Soviet Union 114; United States 67; United Kingdom 30; France 18 and China 3.
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Doulah, Abdolsamad, and Mirshahbiz Shafee. "An Analysis of the Security Council Procedures in Managing Severe Violations of the International Human Rights." Journal of Politics and Law 9, no. 8 (September 29, 2016): 33. http://dx.doi.org/10.5539/jpl.v9n8p33.
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The UN Security Council is primarily in charge of maintaining international peace and security. There has been raised various debates on how the Security Council manage international crises in the world, particularly severe violations of international human rights law. On the one hand, the traditional view to international peace has altered and the Security Council is also in charge of observing the standards of the international human rights. On the other hand, the international community has faced inconsistencies in the use of the veto by its permanent members on the international human rights violations. However, many analysts believe that the Security Council could take timely action to prevent violations of international human rights law. At that time, they fell into the trap of politics and proved insufficient. This article is in response to this important issue, indicating that the management of the Security Council has been fair in the case of international human rights violations. This study also aims to investigate whether the Security Council has been successful in adopting a procedure independent from the interests of its permanent members.
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Tsvetkov, Yuri A. "Reformation of the united nations security council as a key issue in world politics." Russian Journal of Legal Studies (Moscow) 7, no. 4 (March 14, 2021): 42–58. http://dx.doi.org/10.17816/rjls46441.
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The author of the article substantiates the position that the issue of reform of the Security Council, the main political body of the UN, is a key issue in world politics and international law, and intersects with the strategic interests of states, the most active players on the world stage, as well as the interests of all regions of the world. The article analyzes the advantages afforded to permanent members of this body and describes the main approaches to Security Council reform. It critically assesses attempts to deconstruct the world order through such reform and suggests ways to counter them. It also formulates criteria for evaluating compliance with the status of a permanent member of the Security Council. and demonstrates the potential of these criteria by evaluating the validity of claims and real chances for this status by the group of four G-4 states (Brazil, India, Germany, and Japan), as well as by European and African countries. The author offers a model of UN Security Council reform that takes into account the interests of Russia and world realities.
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Ringrose, Michelle E. "The Politicization of the Genocide Label: Genocide Rhetoric in the UN Security Council." Genocide Studies and Prevention 14, no. 1 (May 2020): 124–42. http://dx.doi.org/10.5038/1911-9933.14.1.1603.
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This article examines the intersection of language, power and national interest by discussing how the UN Security Council permanent five (P5) members navigate the linguistic rhetoric of genocide in debates surrounding the conflict in Bosnia and Herzegovina. A discourse analysis methodology is adopted to ascertain how P5 member-states framed the genocide in Srebrenica through an analysis of linguistic themes and silences in council debates. This article argues that UN P5 members use language as a mechanism to frame a conflict in a particular way that aligns with their own national political interests. The article reaffirms the importance of genocide recognition, not only as a vital legal instrument, but one that has the ability to acknowledge the significance of an atrocity and an important variable in post-conflict growth and mediation.
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Corell, Hans. "Legal Advisers Meet at UN Headquarters in New york." American Journal of International Law 85, no. 2 (April 1991): 371–73. http://dx.doi.org/10.1017/s0002930000010113.
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On October 29 and 30, 1990, a meeting was held of the heads of the offices responsible for international legal services of the Ministries of Foreign Affairs of the member states of the United Nations—the Legal Advisers. The meeting was organized at the invitation of the Legal Advisers of the Ministries of Foreign Affairs of Canada, India, Mexico, Poland and Sweden, and with the assistance of the Legal Counsel of the United Nations, Under-Secretary-General Carl-August Fleischhauer. Some twenty-five Legal Advisers and thirty-two of their deputies or other representatives attended, including all five colleagues representing the permanent members of the Security Council.
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Paige, Tamsin Phillipa. "Wilfully Blind: the Security Council’s Response to Genocide in Rwanda." Journal of International Peacekeeping 22, no. 1-4 (April 8, 2020): 136–47. http://dx.doi.org/10.1163/18754112-0220104009.
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The UN Security Council’s response to the Rwanda genocide was a significant moment in history. It changed the face of international law, cementing individual criminal responsibility for atrocities in the canon of international law. It also saw the Security Council respond to mass atrocities without the consent of the state in question in a manner that ran counter to historical practice. But all of these outcomes are haunted by the fact that decisions made by the Security Council in the build up to the genocide served to create the conditions on the ground that allowed genocide to flourish. This intervention conducts a critical discourse analysis of the statements made by the Permanent Five members of the Security Council justifying these decisions in the context of whether Rwanda constituted a ‘threat to the peace’ under article 39 of the UN Charter, concluding that Security Council through its decisions was complicit in the genocide.
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Corell, Hans. "Third Legal Advisers’ Meeting at UN Headquarters in New York." American Journal of International Law 87, no. 2 (April 1993): 323–28. http://dx.doi.org/10.2307/2203827.
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On October 26 and 27, 1992, a meeting was held of the heads of the offices responsible for international legal services of the foreign ministries of the member states of the United Nations—the Legal Advisers. The meeting—the third of its kind—was organized at the invitation of the Legal Advisers of Canada, India, Mexico, Poland and Sweden, and with the assistance of the Legal Counsel of the United Nations, Under-Secretary-General Carl-August Fleischhauer. Thirty Legal Advisers and sixteen of their deputies attended, together with nearly fifty other interested participants. All five colleagues representing the permanent members of the Security Council were present.
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Lebedeva, Marina, and Marina Ustinova. "The Humanitarian and Social Agenda of the UN Security Council." International Organisations Research Journal 15, no. 1 (April 5, 2020): 135–54. http://dx.doi.org/10.17323/1996-7845-2020-01-06.
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By the end of XX–the beginning of XXI century the importance of humanitarian and social issues in the world has sharply increased. Humanitarian and social means began to be intensively included in military and economic actions and play a significant independent role. As a result, there was an increase in the importance of “soft security” aspects, and an expansion of this field. This has affected the UN Security Council, which began to pay more attention to humanitarian and social issues, which was demonstrated with the statistical method. The range of humanitarian issues discussed by the Security Council and the list of actors sponsoring resolutions on humanitarian issues has expanded. In the late 1990s–early 2000s the Council begins to consider large amount of humanitarian issues: security issues of individuals in armed conflicts (civilians, children, women, UN and humanitarian personnel); civilian aspects of conflict management and peacebuilding; and separate issues of “soft security” (humanitarian assistance and such “soft threats” to security as HIV/AIDS epidemics, food crises and climate change). In addition, the Council also addresses human rights violations. The promotion of humanitarian issues in the Council on separate occasions was facilitated by high-ranking officials who put a premium on humanitarian issues; various UN bodies and organizations, mainly with humanitarian mandates; some non-permanent members of the Security Council who wanted to leave their mark in the Council’s history; various NGOs. In turn, some countries opposed the adoption of measures that they consider to be within the internal competence of their states. At the same time, the expansion of humanitarian and social problems in the world poses a dilemma for the Security Council: whether to include the entire range of these issues on the agenda, or it is beyond the scope of the Council’s mandate. There is no definite answer here. On the one hand, the world is moving along the path of strengthening humanitarian problems and its ever-greater involvement in security issues. On the other hand, an expanded interpretation of security can impede the work of the Council.
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WHITE, NIGEL D. "The Will and Authority of the Security Council after Iraq." Leiden Journal of International Law 17, no. 4 (December 2004): 645–72. http://dx.doi.org/10.1017/s0922156504002171.
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One year after the invasion of Iraq, what lessons are to be drawn about the role of the Security Council in peace and security? This article looks at the issue by considering the nature of the Security Council in its dual functions as a forum for diplomacy and a corporate body for executive action. The idea of the Security Council's possessing a separate will in its executive function is developed. The article stresses the importance for the authority of the Council of that organ expressing its will within the legal parameters of the Charter and international law. It is argued that similar legal parameters are also applicable to the permanent members in exercising their power of veto and in interpreting resolutions. Further, when interpreting resolutions member states should not misconstrue the will of the Council. The Iraq crisis of 2003 raised all these issues and, further, necessitated a reappraisal of the rules of international law governing the use of force. This article considers the relationship between diminution in Council authority and erosion of the rules of the UN Charter governing the threat or use of force in international relations.
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Binkowski, Henryk. "ROLA I USYTUOWANIE KOMPETENCYJNO-ORGANIZACYJNE NIESTAŁEGO CZŁONKA RADY BEZPIECZEŃSTWA ONZ." Civitas et Lex 21, no. 1 (May 12, 2019): 7–23. http://dx.doi.org/10.31648/cetl.2997.
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The article is to attempt to determine the role and competence-organizational position of the non-permament members of the UN Security Council. The article is also aimed at enriching the knowledge contained in the Polish scientific literature in the field of broadly understood issues of the United Nations and, in particular, help in understanding the mechanisms governing the process of selecting states for non-permanent members of the SC, indicating the principles and criteria of election, describing the main factors of selected election campaigns and the way they are led by the candidate countries. At last on appearance too as main organs function and subsidiary and in forming trend forms and methods of work security council, as UN, the key organ in international security system.
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Bangash, Shireen. "Sovereignty and Jus Cogens Laws." Political Science Undergraduate Review 1, no. 2 (February 15, 2016): 91–97. http://dx.doi.org/10.29173/psur24.
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This paper attempts to address the conflict that arises from the simultaneous implementation of state sovereignty laws and universal Jus Cogens laws within the framework of the United Nations Security Council. As a multilateral platform with membership from 193 of 196 world nations, the rules of non-intervention and sovereign equality are paramount to within the framework of the UN Security Council. However, the Security Council also espouses the sovereignty limiting rules that give it the prerogative to prohibit human rights violations such as genocide and crimes against humanity. Using the 1994 UN Resolutions 929, 933 and 934, this paper attempts to establish how the interests of the permanent members of the Security Council played a role in the decision making process, due to the ambiguity arising from the simultaneous application of two fundamentally conflicting international laws.
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Zimmermann, Andreas. "Humanitarian Assistance and the Security Council." Israel Law Review 50, no. 1 (February 9, 2017): 3–23. http://dx.doi.org/10.1017/s0021223716000315.
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Over the years, the Security Council has on several occasions dealt with humanitarian assistance issues. However, it is Security Council Resolution 2165(2014), related to the situation in Syria, that has brought the role of the Security Council to the forefront of the debate. It is against this background that the article discusses the legal issues arising from Security Council action facilitating humanitarian assistance to be delivered in situations of non-international armed conflict.Following a brief survey of relevant practice of the Security Council related to humanitarian assistance, the article considers the relevance, if any, of Article 2(7) of the Charter of the United Nations (UN) to humanitarian assistance to be delivered in such situations. It then moves on to analyse whether a rejection by the territorial state of humanitarian aid to be delivered by third parties may amount to a situation under Article 39 of the UN Charter. It then considers in detail whether (at least implicitly) Resolution 2165 has been adopted under Chapter VII and, if this is not the case, whether it can be still considered to be legally binding.The article finally considers what impact the adoption of Security Council Resolution 2165 might have on the interpretation of otherwise applicable rules of international humanitarian law and, in particular, the right of third parties to provide humanitarian assistance in a situation of a non-international armed conflict in spite of the absence of consent by the territorial state, and the obligations that members of the Security Council, permanent and non-permanent, have under Common Article 1 of the Geneva Conventions when faced with a draft resolution providing for the delivery of humanitarian assistance, notwithstanding the absence of consent by the territorial state.
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Horand, Mohamad Badrnajad, and Babak Pourghahramani. "Genocide in Light of the Principles and Rules of International Law." Asian Social Science 12, no. 1 (December 21, 2015): 247. http://dx.doi.org/10.5539/ass.v12n1p247.
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<p>In Article 2 (4) of the UN Charter has agreed that members of the United Nations must not intervene in internal affairs of another country, and sovereignty and territorial integrity of countries must be respected. Now in Syria, ISIL terrorist group is committed crimes against Shiites with the involvement of Western and Arabic countries, most of which are permanent members of the Security Council. Crimes that deprive peace, security and the right to life, causing disruption to international and regional peace and security must be prosecuted not to witness the occurrence of such crimes. Killings committed by terrorist groups against Shiites in Syria are genocide under Article 6 of the Statute of the International Criminal Court and lack of attention to crimes committed by terrorist groups in international institutions such as the International Criminal Court continues to bring chaos for the international community and are the unpleasant results resulting from weakness of courts and international organizations including the UN Security Council.</p>
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Vladimir Frolov. "NEW YALTA: WHY DOES PUTIN WANT TO GATHER THE PERMANENT MEMBERS OF THE UN SECURITY COUNCIL?" Current Digest of the Russian Press, The 72, no. 005 (February 5, 2020): 14–15. http://dx.doi.org/10.21557/dsp.57845700.
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Mamlyuk, Boris N. "Uniting for “Peace” in the Second Cold War: A Response to Larry Johnson." AJIL Unbound 108 (2014): 129–34. http://dx.doi.org/10.1017/s2398772300002014.
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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.
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Mawhinney, Barry, and Kim Girtel. "Fourth Legal Advisers’ Meeting at UN Headquarters in New York." American Journal of International Law 88, no. 2 (April 1994): 379–82. http://dx.doi.org/10.2307/2204108.
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The fourth informal meeting of the heads of offices responsible for international legal services of the foreign ministries of the member states of the United Nations (the Legal Advisers) took place at UN headquarters in New York on October 25 and 26, 1993. The meeting, like the previous three, was organized at the invitation of the Legal Advisers of Canada, India, Mexico, Poland and Sweden, and with the assistance of the Legal Counsel of the United Nations, Under-Secretary-General Carl-August Fleischhauer. Forty-eight Legal Advisers and thirteen of their deputies attended, together with nearly fifty other interested participants, including the chairman of the Sixth Committee, María del Lujan Flores, the chairman of the International Law Commission, Julio Barboza, the Secretary-General of the Asian-African Legal Consultative Committee, Frank X. Njenga, a representative from Switzerland and a representative of the International Committee of the Red Cross. Representatives of all five permanent members of the Security Council were present.
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Lobel, Jules, and Michael Ratner. "By passing the Security Council: Ambiguous Authorizations to Use Force, Cease-Fires and the Iraqi Inspection Regime." American Journal of International Law 93, no. 1 (January 1999): 124–54. http://dx.doi.org/10.2307/2997958.
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In January and February 1998, various United States officials, including the President, asserted that unless Iraq permitted unconditional access to international weapons inspections, it would face a military attack. The attack was not to be, in Secretary of State Madeleine Albright’s words, “a pinprick,” but a “significant” military campaign. U.S. officials, citing United Nations Security Council resolutions, insisted that the United States had the authority for the contemplated attack. Representatives of other permanent members of the Security Council believed otherwise; that no resolution of the Council authorized U.S. armed action without its approval. In late February, UN Secretary-General Kofi Annan traveled to Baghdad and returned with a memorandum of understanding regarding inspections signed by himself and the Iraqi Deputy Prime Minister. On March 2, 1998, the Security Council, in Resolution 1154, unanimously endorsed this memorandum of understanding.
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Binder, Martin, and Jonathan Golub. "Civil Conflict and Agenda-Setting Speed in the United Nations Security Council." International Studies Quarterly 64, no. 2 (March 17, 2020): 419–30. http://dx.doi.org/10.1093/isq/sqaa017.
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Abstract The United Nations Security Council (UNSC) can respond to a civil conflict only if that conflict first enters the Council's agenda. Some conflicts reach the Council's agenda within days after they start, others after years (or even decades), and some never make it. So far, only a few studies have looked at the crucial UNSC agenda-setting stage, and none have examined agenda-setting speed. To fill this important gap, we develop and test a novel theoretical framework that combines insights from realist and constructivist theory with lessons from institutionalist theory and bargaining theory. Applying survival analysis to an original dataset, we show that the parochial interests of the permanent members (P-5) matter, but they do not determine the Council's agenda-setting speed. Rather, P-5 interests are constrained by normative considerations and concerns for the Council's organizational mission arising from the severity of a conflict (in terms of spillover effects and civilian casualties); by the interests of the widely ignored elected members (E-10); and by the degree of preference heterogeneity among both the P-5 and the E-10. Our findings contribute to a better understanding of how the United Nations (UN) works, and they have implications for the UN's legitimacy.
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Dewi, Murni Kemala. "Failure of Securitizing the Climate Change Issue at the United Nations Security Council (2007-2019)." Andalas Journal of International Studies (AJIS) 9, no. 2 (November 30, 2020): 168. http://dx.doi.org/10.25077/ajis.9.2.168-184.2020.
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Abstract This paper describes the dynamics of debates on the securitization of climate change issue at the United Nations Security Council (UNSC), which took place from 2007 to 2019. Although there have been four open debates on this issue at the UNSC, until 2019, the process of the securitization of climate change issue has failed. Prior studies discussing the same concern has only explained some of the reasons proposed in the debates, such as relating to the mandate of the UNSC, the division of work in the UN units, and whether the issue of climate change could be considered as a security issue. By applying the Externalist School of Securitization theory, this paper analyzes the relationship between sociolinguistics and socio-politics in the dynamics of the debates on the securitization of climate change issue at the UNSC and the roles of the permanent members in the debates. The main argument in this research is spotted on the existing rejection against the framing of climate change as a security issue by several UNSC permanent members, hence no mitigation policy can be mutually agreed upon. This has resulted in a failure in the process of securitizing the climate change issue at the UNSC (2007-2019). Keywords:The Security Council, Climate Change, Securitization
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Jubaidi, Khoirunnisa, and Maisarti Razali Budiman. "Indonesia's role as a non-permanent member of the UN Security Council in Assisting the Resolution of Conflict in Afghanistan for the 2019-2020 Period." Ilomata International Journal of Social Science 2, no. 1 (January 28, 2021): 29–40. http://dx.doi.org/10.52728/ijss.v2i1.149.
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Indonesia has been elected for the fourth time to become a non-permanent member of the UN Security Council. Indonesia with its free and active foreign policy is entrusted with this position. Indonesia will serve during the 2019-2020 period. Indonesia has done a lot for world peace in accordance with the 1945 Constitution and with its free and active political principles. The author wants to see the role of Indonesia in its membership in the UNSC in helping to bring about peace in conflicting countries, in this case Afghanistan. However, the long conflict between the United States and the Taliban can be contained and resolved properly. The UN Security Council has the responsibility for this, and Indonesia takes part in it. How Indonesia makes policies and takes a role as a member of the International Organization Agency, who has this sizeable responsibility. By using the theory of Conflict Resolution and international organizations as an analysis tool, the author will discuss Indonesia's role as a non-permanent member of the UN Security Council in resolving the conflict in Afghanistan in 2019-2020.
Keywords: Role, conflict, Peace
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GUIASU, SILVIU. "COPING WITH UNCERTAINTY IN n-PERSON GAMES." International Journal of Uncertainty, Fuzziness and Knowledge-Based Systems 08, no. 05 (October 2000): 503–23. http://dx.doi.org/10.1142/s0218488500000368.
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A solution of n-person games is proposed, based on the minimum deviation from statistical equilibrium subject to the constraints imposed by the group rationality and individual rationality. The new solution is compared with the Shapley value and von Neumann-Morgenstern's core of the game in the context of the 15-person game of passing and defeating resolutions in the UN Security Council involving five permanent members and ten nonpermanent members. A coalition classification, based on the minimum ramification cost induced by the characteristic function of the game, is also presented.
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Jia, Bing Bing. "The Crime of Aggression as Custom and the Mechanisms for Determining Acts of Aggression." American Journal of International Law 109, no. 3 (July 2015): 569–82. http://dx.doi.org/10.5305/amerjintelaw.109.3.0569.
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The fallout from the 2010 Kampala Review Conference for the United States has been explained by Harold Koh and Todd Buchwald, who were officially involved in the negotiations at the conference. The concerns they enumerate serve to implicate, inter alia, two issues of broad importance for the international community: the definition of the crime of aggression, and the clear divide between the positions of the permanent members of the UN Security Council and the rest of the Kampala participants with respect to the Councils role in implementing the Rome Statute’s new provisions on the crime of aggression. This Note, which focuses on those two issues, is partly a response to some of their criticisms and partly an independent assessment of the consequences of the Review Conference. It also evaluates the Kampala amendments to the Rome Statute’in particular, Articles 8 bis, 15 bis, and 15 ter—from the perspective of customary law and considers their impact on the role assigned to the Council under the UN Charter.
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Yenigun, Cuneyt M. "Evolution Dilemma of the United Nations." International Journal of Research in Business and Social Science (2147-4478) 5, no. 1 (January 22, 2016): 65–75. http://dx.doi.org/10.20525/ijrbs.v5i1.245.
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The United Nations (UN), despite some successful stories, has largely failed to safeguard international peace and security, particularly in the Middle East since its establishment. The UN’s inability to effectively resolve international conflicts is due to the Security Council (UNSC)’s decision making-process. The power to block any initiatives that do not fit the interest of any of the five permanent members (P5: US, UK, France, Russia, China) have impeded the UN’s ability to take effectively take actions where it is needed in safeguarding security in the Middle East. The nature of the veto power no longer reflects the reality of the 21st century; the UN is frozen in the context of the post-Second World War era and has failed to evolve with the international community. Double standards in the International Court of Justice's decrees and infirmity of purpose of the UNSC overshadow the legitimacy of the organization, jeopardizing its security mission, and clashes with the democratic values in world public opinion. The UN should change to earn legitimacy and efficiency of preserving international peace and security by amending decision making system in the UNSC or changing decision-making organ within the UN. The Secretary General’s diplomatic activism and attempts to fill the gap left by the P5 infightings could not succeed because of the resistance of the UNSC’s permanent members to change and lack of integrity among the other states. To ensure democratic transformation of the UN today, all states, NGOs and think tanks should work together. This study discusses the system's current shortcomings and suggests some alternative paths for the effective transformation of the UN as a supranational security institution.
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Naeini, Seyyed Moosa Kazemi, Hussein Alekajbaf, and Bahareh Heydari. "Coping with Violence and Extremism at International Level and Position of Islamic Republic of Iran." Journal of Politics and Law 10, no. 4 (August 30, 2017): 165. http://dx.doi.org/10.5539/jpl.v10n4p165.
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Literature ruling current documents in resolutions of the UN in coping with violence and extremism is based on the “Action” after violence. Although the UN has considered the issue “Fundamental Prevention” in case of extremism and violence over recent years, it seems that there is not any agreement on it among the UN members, in particular permanent members of the Security Council. Resolution against Violence and Extremism, which was submitted to General Assembly, emphasizes on initial prevention from violence and extremism criticizing use of force. According to this Resolution, if the reflected slogans are realized and if countries are adherent to law sovereignty in practice, it will be possible to cope with violence and extremism internationally. Otherwise, violence would change to extremism and “terrorism” gradually so that not only a country but also world community will be affected. Reliance of countries just on Security Council regardless of regional mechanisms against violence is a criticism against the UN. In this regard, regional organizations can better react to crises compared to trans-regional organizations in accordance with their knowledge about neighboring countries’ governments and people. The results of this study show there are some potential capacities in some countries, in Particular Islamic Republic of Iran, to persuade pacifist countries to cope with violence and extremism.
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Ramsden, Michael. "The Crime of Genocide in General Assembly Resolutions: Legal Foundations and Effects." Human Rights Law Review 21, no. 3 (April 24, 2021): 671–95. http://dx.doi.org/10.1093/hrlr/ngab003.
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Abstract The past decade has seen increased scholarly attention on the practice and latent potential of the United Nations General Assembly (‘Assembly’) to secure accountability for atrocity crimes. This increased focus has arisen primarily due to growing frustration over permanent member deadlock in the Security Council in the face of documented atrocities. One aspect of this nascent research agenda yet to be analysed is the invocation of the crime of genocide in Assembly resolutions and practice. Studies have shown the Security Council to have applied the genocide label selectively and only where aligned with the permanent members’ interests. Can the same be said about the Assembly? This article tracks the use of the genocide norm in Assembly resolutions, revealing two major functions: prescriptive and quasi-judicial. It notes that Resolution 96(I) (1946) has had a pervasive influence on the development of the crime of genocide. Still, later attempts in the Assembly to develop the genocide definition have enjoyed less success. Although the Assembly has been beset with political selectivity in the use of the genocide label, the rise of commissions of inquiry in UN practice can usefully augment a closer dialogue between their outputs and Assembly resolutions, as recent resolutions concerning alleged crimes against the Rohingya show.
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Crook, John R. "The Fifty-First Session Of The Un Commission On Human Rights." American Journal of International Law 90, no. 1 (January 1996): 126–38. http://dx.doi.org/10.2307/2203760.
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The fifty-first session of the UN Human Rights Commission took place in Geneva from January 30 to March 10, 1995, under the genial chairmanship of Musa bin Hitam of Malaysia.’ The Commission showed that great powers are not exempt from critical consideration by the UN human rights machinery, addressing human rights situations involving three permanent members of the Security Council: China, Russia and die United States.The Commission closed the book on its years of activity concerning South Africa. Indigenous issues assumed a higher profile. The Commission took a cautious look at whether it had a role in the important “gray area” of internal armed conflict. In a controversial move, it created a new Special Rapporteur on human rights and toxic wastes.
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Medzihorsky, Juraj, Milos Popovic, and Erin K. Jenne. "Rhetoric of civil conflict management: United Nations Security Council debates over the Syrian civil war." Research & Politics 4, no. 2 (April 2017): 205316801770298. http://dx.doi.org/10.1177/2053168017702982.
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This paper introduces a spatial model of civil conflict management rhetoric to explore how the emerging norm of responsibility to protect shapes major power rhetorical responses to civil war. Using framing theory, we argue that responsibility to protect functions like a prescriptive norm, such that representing a conflict as one of (1) human rights violations (problem definition), implies rhetorical support for (2) coercive outside intervention (solution identification). These dimensions reflect the problem-solution form of a prescriptive norm. Using dictionary scaling with a dynamic model, we analyze the positions of UN Security Council members in debates over the Syrian Civil War separately for each dimension. We find that the permanent members who emphasized human rights violations also used intervention rhetoric (UK, France, and the US), and those who did not used non-intervention rhetoric (Russia and China). We conclude that, while not a fully consolidated norm, responsibility to protect appears to have structured major power rhetorical responses to the Syrian Civil War.
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Primiano, Christopher B. "Should China Spend on UNPKOs? Findings from a Survey." China Report 55, no. 1 (January 14, 2019): 41–56. http://dx.doi.org/10.1177/0009445518818217.
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When China joined the United Nations in 1971, it viewed UN peacekeeping operations (UNPKOs) as an instrument for powerful countries to exploit weaker countries. Today, under Xi Jinping, China contributes the largest number of UN peacekeeping personnel among the five permanent (P5) members of the UN Security Council. This article presents findings from a pilot study based on a survey conducted at two international universities in China in the fall of 2016, regarding how Chinese students perceive China’s UNPKO involvement. A total of 297 Chinese university students participated in this survey. Given that there has been little scholarship on how Chinese citizens view China’s UNPKO spending or involvement, this article aims to contribute to our understanding of this subject.
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Fung, Courtney J., and Shing-hon Lam. "Staffing the United Nations: China's motivations and prospects." International Affairs 97, no. 4 (July 2021): 1143–63. http://dx.doi.org/10.1093/ia/iiab071.
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Abstract A developing public commentary views China as exerting influence in international organizations to legitimize and disseminate PRC foreign policy values and interests. This article examines an understudied source identified by PRC elites to promote influence in the United Nations system: dispatching PRC nationals as international civil servants, specifically in a targeted pursuit of executive leadership positions. Using decades of UN staffing data, we find that apart from Russia, China holds the fewest executive leadership posts among the aspiring and permanent members of the UN Security Council. Moreover, China is yet to lead an agency addressing international security matters. US and European staff contributions are significantly higher at all staffing levels of the international civil service. Still, the data shows that China made modest, targeted gains in most specialized UN agencies, and agencies headed by PRC nationals show faster increases in PRC staff members, though all base numbers were low. We draw from Chinese-language sources to discuss issues facing China in increasing its international civil service numbers, affecting the country's ability to shape global governance.
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Ekengren, Ann-Marie, Fredrik D. Hjorthen, and Ulrika Möller. "A Nonpermanent Seat in the United Nations Security Council." Global Governance: A Review of Multilateralism and International Organizations 26, no. 1 (April 9, 2020): 21–45. http://dx.doi.org/10.1163/19426720-02601007.
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Abstract This article contributes with a novel systematic theoretical and empirical exploration of why states find a nonpermanent seat in the UN Security Council attractive. Three conceptualizations of power—to influence, to network, and to gain status—guide the empirical analysis. A telephone interview survey with diplomatic staff at Member States’ permanent missions to the United Nations in New York provides readers with original and unique empirical knowledge of state perceptions of power. The candidature for a seat comes with expectations of influencing decision-making, despite modest estimations of the opportunity to have impact. Opportunities to network and to gain status are not frequent reasons for a candidature. Diplomats’ estimations are nevertheless higher on the opportunity to actually establish relevant relationships and to gain status brought by a seat.
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KRESS, CLAUS. "The Crime of Aggression before the First Review of the ICC Statute." Leiden Journal of International Law 20, no. 4 (December 2007): 851–65. http://dx.doi.org/10.1017/s0922156507004499.
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A few years before the expected convening of the First Review Conference on the Statute of the International Criminal Court, the Special Working Group for the Crime of Aggression has made very significant progress in preparing the ground for enabling the Court to exercise its jurisdiction over what the Nuremberg Tribunal famously called the ‘supreme international crime’. The complex structure of this absolute leadership crime has been fully explored, including its implications for the interplay between the definition of the crime and the general principles of international criminal law. At the same time, the crucial analytical distinctions between state and individual conduct as well as between the substantive elements of the crime and the possible procedural role of the UN Security Council appear to be generally accepted. In the light of the momentum achieved on the diplomatic level, the First Review Conference presents a distinct and historic window of opportunity to the world's political leadership to complete the Rome Statute and thereby prevent its prominent lacuna from becoming permanent and thus turning into a legitimacy gap. The final phase of the negotiations should be guided by two principles. First, the substantive definition of the state act of aggression should stay within the legitimate limits of international criminal justice by not exceeding undisputed general customary international law. Second, a possible procedural role for the Security Council must not have the practical effect of placing the permanent members of the Security Council beyond the reach of the law.
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Adediran, Bolarinwa. "Reforming the Security Council through a Code of Conduct: A Sisyphean Task?" Ethics & International Affairs 32, no. 4 (2018): 463–82. http://dx.doi.org/10.1017/s0892679418000631.
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AbstractThe failure of the UN Security Council to adequately and effectively address the Syrian crisis has brought renewed scrutiny to the veto and its capricious use during mass atrocity situations. In response to these concerns, the idea of a code of conduct to regulate the exercise of the veto during humanitarian situations is now being increasingly advanced by several states, including France and the United Kingdom. This paper disputes the utility of such a code and argues that it would not make any significant difference to the way mass atrocity crimes are addressed. I examine three core arguments often extended to justify the merit and the utility of the norm: the circumvention argument, the naming and shaming argument, and the Charter reform argument. I show how each of these arguments is undermined by mistaken notions about the norm's procedural effectiveness, and the role the veto plays in cases of what Simon Chesterman calls “inhumanitarian noninterventions.” Additionally, drawing on interviews conducted with diplomats at the United Nations in New York, I present evidence that resistance to a code of conduct comes not only from the permanent five members of the Council but also from the nonpermanent members, further imperiling the idea's capacity to effect change. Ultimately, I contend that the current global effort to curtail the influence of the veto is nothing more than a journey down the rabbit hole: exciting, but ultimately distracting.
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Blätter, Ariela, and Paul D. Williams. "The Responsibility Not To Veto." Global Responsibility to Protect 3, no. 3 (2011): 301–22. http://dx.doi.org/10.1163/187598411x586052.
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AbstractAlthough the Member States of the United Nations (UN) unanimously endorsed the 'responsibility to protect' (R2P) principle in October 2005, debates continue about its scope, potential impact and how it might be operationalised. This article examines one strand of the wider efforts to turn the responsibility to protect into a workable international agenda, namely, the 'responsibility not to veto'. This is the idea that the permanent five members of the UN Security Council (P5) should agree not to use their veto power to block action in response to genocide and mass atrocities which would otherwise carry a majority in the Council and where their own vital security interests are not engaged. It has been promoted in a variety of international forums for nearly a decade but has not been adopted by the P5. We argue that this idea deserves support although we acknowledge that it addresses only one part of the wider conundrum of preventing mass atrocities. Its primary limitation is that the problem veto abstention is designed to solve – situations where potential rescuers are blocked by a (threat of ) P5 veto – has been a rare occurrence in contemporary world politics. The more common scenario has been that cases of mass atrocities have not generated sufficient political will to mobilise an international military response. Consequently, the responsibility not to veto must form part of a broader range of R2Pfriendly measures to help prevent mass atrocities and rescue their victims should they occur.
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Gordanić, Jelica. "Strengthening the role of the General Assembly in appointment of the Secretary General: Necessities and possibilities." Zbornik radova Pravnog fakulteta, Novi Sad 54, no. 2 (2020): 781–801. http://dx.doi.org/10.5937/zrpfns54-28333.
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The Secretary-General is appointed by the General Assembly upon the recommendation of the Security Council. Due to the veto power of the permanent members, lack of transparency and the recommendation of only one candidate, the appointment of the Secretary-General is basically a decision of the Security Council. UN member states, civil society organizations and schoolars point out the need for a more active role of the General Assembly during the appointment of the Secretary-General. Formation of the ad hoc working group for the revitalization of the work of the General Assembly raised this problem to a higher level. Current procedure of appointment of the Secretary-General was reasonable at the time of the adoption of the UN Charter. The circumstances of the 21st century require different solutions. The paper aims to show the necessity and possibilities of strengthening the role of the General Assembly in the process of appointment of the Secretary-General and obstacles existing in this regard. The long-term activities of the ad hoc working group for the revitalization of the work of the General Assembly gave positive results in terms of more active role of the General Assembly during the appointment of the Secretary General in 2016. The paper aims to show that the results achieved by the ad hoc working group are not long-term efficient. The most effective solution for strengthening the role of the General Assembly in the appointment of the Secretary-General is the revision of the UN Charter.
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Essawy, Rana M. "The Responsibility Not to Veto Revisited under the Theory of ‘Consequential Jus Cogens’." Global Responsibility to Protect 12, no. 3 (July 29, 2020): 299–335. http://dx.doi.org/10.1163/1875-984x-20200002.
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In this article, I argue that contemporary international law imposes an obligation upon the UN Security Council permanent members to refrain from using their veto repeatedly in ways that impede the Council from acting against violations of peremptory norms. This obligation not to veto emanates from the duty to cooperate to end violations of peremptory norms as enshrined in Article 41(1) of the International Law Commission Articles on State Responsibility. For this purpose, I demonstrate that the duty to cooperate itself possesses a peremptory character under the theory of ‘consequential jus cogens’, whereby effects of jus cogens norms are themselves peremptory. In doing so, this article contributes to the ongoing debates concerning the legal nature of the effects of jus cogens norms by showing that the theory of ‘consequential jus cogens’ is an application of the generally accepted maxim accessorium sequitur principale and thus forms part of positive international law.
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Ivanov, S. "Middle East and UN." Diplomaticheskaja sluzhba (Diplomatic Service), no. 1 (January 1, 2021): 22–27. http://dx.doi.org/10.33920/vne-01-2101-02.
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As a matter of fact whole UN 75 years history has been preoccupied by Middle East agenda in its diversity. All along this period the Security Counsil of UN has issued and still is issueing plenty of its resolutions in an endeavour to placate situations caused by numerous and endless conflicts of the diff erent intensity in the region. In the long run Middle East has turned to become dependent in the most crucial cases on the political will and capability of the SC to play decisive mission in downgradeing the regional mess resulted mostly by meddlings of the diff erent kinds by the influencial outregional forces. Nowadays more active and positive role of UN which it played in the past could be restored by bridging the diff erences and build up confidence between permanent members of the SC.
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Terlingen, Yvonne. "A Better Process, a Stronger UN Secretary-General: How Historic Change Was Forged and What Comes Next." Ethics & International Affairs 31, no. 2 (2017): 115–27. http://dx.doi.org/10.1017/s089267941700003x.
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When on October 13, 2016, the General Assembly appointed by acclamation António Guterres of Portugal as the United Nations’ ninth secretary-general, there was a sense of excitement among the organization's 193 members. For once, so it seemed, they felt they had played an important role not only in choosing the secretary-general but also in appointing a man generally considered to be an outstanding candidate for a position memorably described as “the most impossible job on this earth.” The five permanent, veto-wielding members of the Security Council (Perm Five) still exercised the greatest power in the selection process, as they always had in the past. Yet the candidate chosen appears, surprisingly, not to have been the first choice of either the United States or Russia, two of the Perm Five that until then had effectively chosen the secretary-general between them in an opaque and outdated process. It is doubtful that António Guterres would have been appointed if the General Assembly had not embarked on a novel process to select him.
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Ye, Min, and Quan Li. "Proof of Greatness or Evidence of Modesty? A Comparative Analysis of China’s Participation in UN Peacekeeping Operations." Chinese Journal of International Politics 13, no. 1 (November 13, 2019): 135–62. http://dx.doi.org/10.1093/cjip/poz013.
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Abstract Any serious discussion about the consequences of China’s rise must start with a systematic and rigorous assessment of China’s actual influence and status in the international system. In this article, we examine a widely used indicator in the debate about China’s international status. Although many existing studies see China’s active participation in United Nations (UN) Peacekeeping Operations as incontestable evidence of China’s great power status, others contend that it signifies the status of only a middle power. We posit that China’s policy behaviour should be evaluated in a comparative manner, and from a dynamic perspective. After comparing the patterns and features of China’s personnel contributions with that of 20 other major countries in the world, we find that China’s behaviour is more similar to that of developing ‘middle powers’, such as Turkey, India, and Brazil, as opposed to established ‘great powers’ such as other permanent members of the UN Security Council or traditional ‘western middle powers’.