The United Nations Security Council: the abuse of its veto power and its necessity for reform

Temelkovska-Anevska, Elena and Tosheva, Elizabeta (2019) The United Nations Security Council: the abuse of its veto power and its necessity for reform. In: Conference Proceedings, International Scientific Conference “Towards a Better Future: Democracy, EU Integration and Criminal Justice”. Faculty of Law-Kicevo, University “St. Kliment Ohridski” – Bitola, Bitola, pp. 74-83. ISBN 978-608-4670-04-9

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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, its working methods, and its relations with the UN General Assembly.
The most of the critics has 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 socalled
“pocket veto”, because on many occasions 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
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not seem possible especially taking into consideration the fact that all permanent
members have veto power over Charter change. Perhaps in 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.

Item Type: Book Section
Subjects: Scientific Fields (Frascati) > Social Sciences > Law
Divisions: Faculty of Law
Depositing User: Prof. d-r. Elena Temelkovska
Date Deposited: 08 Oct 2022 08:17
Last Modified: 08 Oct 2022 08:17
URI: https://eprints.uklo.edu.mk/id/eprint/6851

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