lawyers in India

United Nation and Security Council

Written by: Sameer Shrivastava - Student, 3rd Year, HNLU, Raipur, C.G, India
NCLT Lawyers in India
Legal Service
  • When the First World-War was over, the League of Nation was established. The centroidal rationale of establishing such an organsation was to maintain international peace and security. But League of Nations fails to achieve its objective, which is to maintain international peace. The Second World War was the ample proof to establish that League of Nations fails in its purpose. Sparking of World War-II left no doubt in the minds of the nations that there was a need to establish an organization, which can work effectively in maintaining international peace and security. This leads to birth of United Nation.

    The pivotal purpose for the establishment of United Nations is to maintain international peace and security, and to develop friendly relations amongst the nations. The United Nations organization is divided into various administrative bodies. The principal organs of the United Nations are General Assembly, Security Council, Economic and Social Council, Trusteeship Council, Secretariat and International Court of Justice. Amid all these organs of United Nations the onus to maintain international peace and security lies on Security Council. It is adumbrated in Article 24 of the United Nations Charter, the primary responsibility of the Security Council is to maintenance of international peace and security. The Security Council is the only organ of United Nations, which has power to take actions for maintaining international peace and security. The Security Council is also vested with Elective, Supervisory and Constituent functions.

    United Nations:
    The name of "United Nations" is coined by United States President Franklin D. Roosevelt, was first used in the "Declaration by United Nations" of 1 January 1942, during the Second World War, when representatives of 26 nations pledged their governments to continue fighting together against the Axis Powers.
    During the Second Wars the great powers have started making efforts for the establishment of organization like United Nations. Their effort led to the holding of the Sans Francisco Conference in which the United Nations Charter was adopted and signed by 51 nations of the worlds. The Charter after being ratified by China, France, the Soviet Union, the United Kingdom, the United States and a majority of other signatories, came into force on October 24, 1945 . Thus, the United Nations was finally established.

    The United Nations (UN) is an international organization that endeavour facilitate co-operation in international law, international security, economic development, and social equity. The stated aims of the United Nations are to prevent war, to safeguard human rights, to provide a mechanism for international law, and to promote social and economic progress, improve living standards and fight diseases . As stated in the Preamble of the Charter of the United Nations, it is an organisation of the people. As compared to the League of Nations, United Nations is much more a representative body. As of 2007, there are 192 United Nations member states. Each member state is a member of the United Nations General Assembly. In December 1946, the General Assembly accepted the $8.5 million gift of John D. Rockefeller, Jr., for constructing headquarter of the United Nations in New York City . Although its headquarter is in New York City, the land occupied by the United Nations for its headquarters is international territory.

    United Nations Security Council:

    United Nations Security Council is the most powerful organ of the United Nations. The decisions taken by the council are know as United Nations Security Council Resolutions. Unlike other organs of the United Nations, Chapter VII of the U.N. Charter gives power Security Councils, to fulfil comply with its responsibility, enforcing actions in case of threats to the peace, breach of the peace or acts of aggression . Security Council has its international military force, which is used for applying military sanction . It may apply diplomatic, economics and other sanctions.

    When a complaint concerning a threat to peace is brought before the Security Council, the Council's first action is usually to recommend to the parties to try to negotiate and reach to an agreement by peaceful means. If in case it is not possible for the parties to reach to an agreement then the Security Council will decide what measures should be used to restore peace. The Dumbarton proposals emphasized the establishment of an executive organ, whose membership might be limited but should be entrusted with the most important responsibility of maintaining international peace and security.

    In San Francisco Conference, it was finally decided to establish such organ in the form of Security Council . United Nations Security Council is one of the principle organs of the United Nations. Security Council has five permanent members and ten non-permanent members. China, Russia, France, America and Britain are the permanent members of the Security Council.

    Prior to 31st August 1965, the Security Council consisted of 11 members. But on 17th December 1963 Article 23 of U.N. Charter was amended. After the amendment, the Security Council now consists of 15 members out of which 5 are permanent members and 10 are non-permanent members. This amendment came into force on 31st August 1965 . 10 non-permanent members are elected for a period of 2 years by the General Assembly, and are not immediately eligible for re-election.

    The procedure for voting is enumerated in Article 27 of the U.N. Charter. The voting procedure is as follows:
    1. Each member of the Security Council shall have one vote.
    2. Decisions of the Security Council on procedural matters shall be made by an affirmative vote of nine members.
    3. Decisions of the Security Council on all other matters shall be made by an affirmative vote of nine members including the concurring vote of the permanent members. Provided that, in decision under Chapter VI, and under paragraph 3 of Article 52, a party to a dispute shall abstain from voting.

    A negative vote cast by a permanent member on a substantial matter is called a Veto. For casting a veto it is necessary that the representative of a permanent member desiring to exercise this right must be present and cast his vote in the meeting of the Security Council. Procedural matters are not subject to a Security Council veto . This provision is important because it prevents the veto from being used to avoid discussion of an issue.

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