THE UNITED NATIONS SECURITY COUNCIL: THE ABUSE OF ITS VETO POWER AND ITS NECESSITY FOR REFORM

Tosheva, Elizabeta and Temelkovska-Anevska, Elena (2019) THE UNITED NATIONS SECURITY COUNCIL: THE ABUSE OF ITS VETO POWER AND ITS NECESSITY FOR REFORM. Conference proceedings TOWARDS A BETTER FUTURE: DEMOCRACY, EU INTEGRATION AND CRIMINAL JUSTICE, 1. pp. 74-83. ISSN 978-608-4670-04-9 608-4670-04-0

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Abstract

This paper analyses the abuse of the veto in the United Nations Security Council (UNSC) and the need for reforms, particularly in the area of increasing the number of seats in the Security Council and securing permanent seats for UN member states that have no representatives in the Council. The UNSC is one of the principal organs of this universal international organization responsible for maintaining international peace and security. In order to achieve its primary responsibility this organ acts on behalf of UN member states. The Security Council is the only body capable of issuing resolutions that are legally binding on all member states, while other UN bodies can only make recommendations to governments of the UN member states. Since its establishment in 1946, it has been faced with criticism for its small size, exclusive and closed nature, its undemocratic structure, it's working methods, and its relations with the UN General Assembly. Most of the critics have been directed at the infamous power of veto: the ability of the five permanent members of the Security Council to repeal any nonprocedural matter with their negative vote. Since its establishment, permanent members of the UNSC (USA, Russia, China, France and United Kingdom) have used their power of veto in accordance with their national interests. Over the years, the use of the veto rapidly distanced from the initial reason for which it was included in the UN Charter, namely preventing the UN from taking direct action against any of its principal founding member states. After the Cold War and because of the elimination of ideological divergence among the world’s superpowers, the veto has been cast less often but is still exercised for self-interest or the interests of allies. Furthermore, it is essential to explain the influence of the so-called “pocket veto”, because on many occasions a permanent member of the Security Council managed to keep an issue off the Council agenda or soften the language of a resolution without actually casting a veto by simple threats of using the power of veto. The numerous proposals for reform suggested by different countries should lead to better functioning of the UNSC, but paying too much attention to the details of the procedure and opposing each other for self-interest has distracted them from focusing on practical steps towards reform. Any amendment to the UN Charter does not seem possible especially taking into consideration the fact that all permanent members have veto power over Charter change. Perhaps in the future, there will be any proposals that can attract the support of the majority of the member states and that proposals can be inscribed into the UN Charter. Keywords: Security Council, United Nations, veto, UN Charter, abuse of power

Item Type: Article
Additional Information: UDK 341.123.043
Subjects: Scientific Fields (Frascati) > Social Sciences > Law
Divisions: Faculty of Law
Depositing User: Pfk Eprints
Date Deposited: 18 Mar 2020 15:47
Last Modified: 18 Mar 2020 17:27
URI: http://eprints.uklo.edu.mk/id/eprint/4189

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