Legal Research: Analysis on the Role of Security Council


ANALYSIS ON THE ROLE OF SECURITY COUNCIL
IN MAINTENANCE OF INTERNATIONAL PEACE AND SECURITY

Author: Pan Mohamad Faiz
Subject: International Organisation, Law and Humanitarian
Time: December 2006

ABSTRACT

The Security Council of the United Nations has primary responsibility under the UN Charter for the maintenance of international peace and security. During the first forty-five years of its existence, the Council was largely paralysed by the Cold War, but since 1990 and the thawing of the global political climate, it has been very active.

The Security Council is composed of fifteen UN member States, five of which are permanent members — United States, the United Kingdom, France, the Russian Federation, and China. The permanent members have the power to ‘veto’ a substantive decision of the Council by voting against it. The other ten members of the Council are elected by the General Assembly to two-year non-renewable terms, with five new members elected each year. The ten elected members, known in Charter language as “non-permanent members,” are selected according to a distribution formula from each of the world’s major regions.

In the key realm of peace and security, it performs several main functions. It assists in the peaceful settlement of disputes. It establishes and oversees UN peace-keeping forces. And it takes enforcement measures against recalcitrant States or other parties.

Acting under Chapter VI of the Charter, the Council ‘shall, when it deems necessary, call upon the parties’ to a dispute to settle it by peaceful means such as negotiation, mediation, conciliation, arbitration, or judicial settlement. And it may, if all the parties to a dispute request, make recommendations to the parties with a view to a peaceful settlement. Though the first UN peace-keeping force was established by the General Assembly, subsequent forces have been established by the Security Council, which exercises authority and command over them. Though the Charter does not expressly provide powers to the Council for peace-keeping forces, the International Court of Justice in a 1962 case found that the Council has an implied power for this purpose.

Peacekeeping forces are usually deployed by the Council only after ceasefires have been agreed upon and so the peacekeepers are only lightly armed and should not be confused with an army fighting an opposing force. The Security Council may also take enforcement measures which are more robust than peacekeeping. The ‘peace’ referred to in Article 39 may involve conflicts other than those between states. At the time the Charter was established, it was envisaged that conflicts within the borders of a state could also constitute a threat to or breach of the peace, and thus that the Council could order the use of enforcement measures.

Even though the illustration above describes that the Security Council has done it a good work for its functions, but in fact there are still several main problems that inflict to ineffectively of Security Council’s functions. For example, the veto-holding permanent members have the power to block any decisions that go against their interests or those of their allies; or even when decisions are taken, they often account for little more than lip service.

What people need is an organization that addresses the problems mentioned earlier, that is able to deter and prevent aggression between states and effective in brokering and enforcing settlements. Because of that this research paper will focus to analyses and discuss the role of Security Council in the maintenance of international peace and security, including discussion on the reform proposals of Security Council in the future. Structure of this research are:

ANALYSIS ON THE ROLE OF SECURITY COUNCIL
IN MAINTENANCE OF INTERNATIONAL PEACE AND SECURITY

ACKNOWLEDGEMENT
CONTENTS
TABLE OF RESOLUTIONS
ABSTRACT

CHAPTER I: AN INTRODUCTION
1.1. Background to Research Paper
1.2. Objectives
1.3. Research Methodology
1.4. Structure of Research Paper
CHAPTER II: OVERVIEW OF SECURITY COUNCIL
2.1. Composition
2.2. Function of the Security Council
2.2.1. Maintenance of International Peace and Security
2.2.2. Elective Functions
2.2.3. Supervisory Functions
2.2.4. Constituent Functions
2.2.5. Function in Relation to International Court of Justice
2.3. Voting System
2.3.1. Procedural and Non-Procedural Matters
2.3.2. Absence of a Member in the Security Council
2.3.3. Abstention from Voting in Security Council
2.3.4. Veto Power
2.3.5. Double Veto
2.4. Status of Resolution
CHAPTER III: THE ROLE OF SECURITY COUNCIL
3.1. General
3.2. Forms of Peaceful Mean
2.3.1. Call upon the Parties to Settle the Dispute Peacefully
2.3.2. Investigation of the Dispute
2.3.3. Recommendation for the Appropriate Procedures
2.3.4. Recommendation for the Terms of Settlement
3.3. Form of Taking Enforcement Action
3.3.1. Measures Involving Non-Use of Force
3.3.2. Measures Involving Use of Armed Force
3.3.2.1. Special Agreement
3.3.2.2. Military Staff Committee
3.3.2.3. Joint Action
3.4. Collective Security
CHAPTER IV: SECURITY COUNCIL REFORM
4.1. Main Aspects of the Reform
4.2. Reform Models
4.3. Reform Obstacles
4.3.1. The Veto
4.3.2. Membership
CHAPTER V: CONCLUSION AND SUGGESTION
5.1. Conclusions
5.2. Suggestions

BIBLIOGRAPHY
ANNEXURE

Global peace situation in the next future predicted to be increase after the nuclear issues come into force which many countries are vying to develop nuclear power for their energy resources or nuclear weapons since two years back. In the future, the role and initiative of Security Council will be very crucial to maintain the international peace and security.

Therefore, this research is very important for those who will study or have been studied on the realm of international law and international relation, particularly for my homeland law scholar because Indonesia has been elected to be a non-permanent member of UN Security Council for period of 2007-2009. Everyone who need this legal research, don’t hesitate to contact the writer by email pm_faiz_kw@yahoo.com or just fill the comment in guest book that has been provided in this Blawg.

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