The war in Ukraine and the curtailment of the veto in the Security Council Groupe d études
The war in Ukraine and the curtailment of the veto in the Security Council
Russia has repeatedly vetoed draft Security Council resolutions related to its military activities in neighboring Ukraine, both in 2014 and 2022. 1 In this context, the US ambassador to the UN stated after Russia’s full-scale invasion that “permanent members who exercise the right to protect their own acts of aggression lose their moral authority.” 2 Also, during the General Assembly debate on the issue of legal protection and compensation for war damages in Ukraine, Ukraine’s representative stressed that the extraordinary General Assembly as part of unity in the name of peace “was developed for cases in which a country like Russia abuses its veto.” 3 This paper traces how two recent procedural events triggered by the war in Ukraine – the SO-powered Veto initiative and the self-union – have contributed to undermining the legitimacy of the Security Council’s vote to protect its own clearly illegal acts as aggression. It is important to note that this erosion does not call into question the legal right of the permanent members of the Security Council. But this is confirmed by recent empirical studies, both large-N analyses and thematic studies tracing the decision-making process in the Security Council, which show that: "Great powers have veto power, but not power over the entire process. (Security Council rules have influence. The Security Council is not a 'one-time garden' for influential countries only.)4 The paper concludes that the reformed working method is an appropriate means to contain veto power and increase the efficiency and legitimacy of the Security Council.
The configuration and veto of the Security Council freeze the historical moment, preferably in 1945, which had powerful power. The proposed Security Council's voting method (including the application of the permanent member of the Directors' "A matching voting") was formulated at a meeting of four wins in Yalta in Yalta in 1945. This word, which will later be Note 27 of the United Nations Charter, is what Yalta's formula already had already expected. 5 Four sponsoring countries have stated that without such privileges, global organizations will not be established. The voting system was "indispensable" for the new organization. 6 The veto was "the price that had to be paid to establish the United Nations." 7
The anachronism of the veto
In 1945, the Yalta Agreement was approved for 30 votes or 2 votes (15 votes for abstained). 8 The merchant's view of this voting is that this voting only adds a flower to its precedent, and in effect, all the desired items, that is, all of the things that can maintain the universe and security. If he wanted to get a new global business with a shield, other countries had to devote the privilege of the great powers. However, the vetal rights were adopted, not only the permanent directors of the Security Council and some of their overwhelming military power, political power, and financial power, but the other countries are normally rejected. And I expected it to be a safety guarantee. The four countries (later in France), which advocated the Yalta system, promised at least indirectly to guarantee the world as possible, justified during World War II.
Immediately after the founding of the United Nations, the world was paralyzed until 1991, as the world politically divided into two aggressive blocks. Since 1991, the Security Council has been replaced by the concentration of no n-stat e-based actions in the struggle with collective terrorism and the choice of punishment for the nation. From Israel to North Korea and Syria, the permanent directors and their customers remain protected from any behavior of the Security Council. Apart from this, as already mentioned, the Security Council is suffering more and more trivial unfair, the veto of the "old" powers. < SPAN> Configuration and veto of the Security Council freeze the historic moment, and in 1945, the countries that had a strong power were preferred. The proposed Security Council's voting method (including the application of the permanent member of the Directors' "A matching voting") was formulated at a meeting of four wins in Yalta in Yalta in 1945. This word, which will later be Note 27 of the United Nations Charter, is what Yalta's formula already had already expected. 5 Four sponsoring countries have stated that without such privileges, global organizations will not be established. The voting system was "indispensable" for the new organization. 6 The veto was "the price that had to be paid to establish the United Nations." 7
Security Council reform on the road to nowhere
In 1945, the Yalta Agreement was approved for 30 votes or 2 votes (15 votes for abstained). 8 The merchant's view of this voting is that this voting only adds a flower to its precedent, and in effect, all the desired items, that is, all of the things that can maintain the universe and security. If he wanted to get a new global business with a shield, other countries had to devote the privilege of the great powers. However, the vetal rights were adopted, not only the permanent directors of the Security Council and some of their overwhelming military power, political power, and financial power, but the other countries are normally rejected. And I expected it to be a safety guarantee. The four countries (later in France), which advocated the Yalta system, promised at least indirectly to guarantee the world as possible, justified during World War II.
Immediately after the founding of the United Nations, the world was paralyzed until 1991, as the world politically divided into two aggressive blocks. Since 1991, the Security Council has been replaced by the concentration of no n-stat e-based actions in the struggle with collective terrorism and the choice of punishment for the nation. From Israel to North Korea and Syria, the permanent directors and their customers remain protected from any behavior of the Security Council. Apart from this, as already mentioned, the Security Council is suffering more and more trivial unfair, the veto of the "old" powers. The configuration and veto of the Security Council freeze the historical moment, preferably in 1945, which had powerful power. The proposed Security Council's voting method (including the application of the permanent member of the Directors' "A matching voting") was formulated at a meeting of four wins in Yalta in Yalta in 1945. This word, which will later be Note 27 of the United Nations Charter, is what Yalta's formula already had already expected. 5 Four sponsoring countries have stated that without such privileges, global organizations will not be established. The voting system was "indispensable" for the new organization. 6 The veto was "the price that had to be paid to establish the United Nations." 7
In 1945, the Yalta Agreement was approved for 30 votes or 2 votes (15 votes for abstained). 8 The merchant's view of this voting is that this voting only adds a flower to its precedent, and in effect, all the desired items, that is, all of the things that can maintain the universe and security. If he wanted to get a new global business with a shield, other countries had to devote the privilege of the great powers. However, the vetal rights were adopted, not only the permanent directors of the Security Council and some of their overwhelming military power, political power, and financial power, but the other countries are normally rejected. And I expected it to be a safety guarantee. The four countries (later in France), which advocated the Yalta system, promised at least indirectly to guarantee the world as possible, justified during World War II.
The veto initiative of 26 April 2022
Immediately after the founding of the United Nations, the world was paralyzed until 1991, as the world politically divided into two aggressive blocks. Since 1991, the Security Council has been replaced by the concentration of no n-stat e-based actions in the struggle with collective terrorism and the choice of punishment for the nation. From Israel to North Korea and Syria, the permanent directors and their customers remain protected from any behavior of the Security Council. Apart from this, as already mentioned, the Security Council is suffering more and more trivial unfair, the veto of the "old" powers.
The US-American self-commitment not to veto of 8 September 2022
Against this background, the debate on reform of the Council, including the veto, has continued for 30 years. 9 The challenges of the reform were twofold: the conclusion of the work as a performance, and the legitimacy of the Council. Excessive passivity does not give productivity, and the legitimacy of the Council impairs the appropriateness of actions, scope and selectivity, which is often seen as the use of a double stereotype. The proposed reforms touched in particular on the composition of the Council with all types of new members (permanent and unstable members) and the voting arrangements. On the "problem of the veto," all the proposals made in the negotiations between states were compiled in a document of the Advisory Group appointed by the President of the UN General Assembly in 2013. 10 These proposals range from the spread of the veto to new member states to the absolute cancellation of the veto. They include these ideas, like the transfer of the veto to a possible new member of the Council of Protection, or, conversely, the limitation of the application of VII - Leaders, prohibition beyond its implementation for Council actions aimed at preventing or preventing the cessation of genocide, or the application of the inaccessibility of undisclosed matching votes (vetoes). 11 From 1992 to 1997, the Security Council reform could be realized, but this opportunity was missed. 11 Then, as in the phase from 1998 to 2008, the negotiations were rescued, but according to Valdo Fassbender, they were "going nowhere". 12 The political factor of the impasse is the national interest of countries that fear losing something compared to maintaining the status quo. 13 The legal difficulty lies in the requirement of a two-thirds majority in favor of the General Assembly and ratification by all the remaining five members of the Security Council. 14 This legal threshold in today's history seems an irresistible obstacle to the formal review of Recital 27(3) of the Charter, which embodied the veto. As a result, the working methods and the informal composition of the reforms, which are "below" the value of a formal review of the Charter, take on crucial significance. At this level, the struggle in Ukraine was a key event.
Russia's hostility has led to many years of effort to limit the veto of procedures. In 1949, the General Assembly resolved in the “Basic of the World” said to the Invisible Board of the Security Board, “gradually expanding cooperation and showing the use of veto-billing rights-the use of bills. "Called 15. 15 We will move in advance in advance: On April 26, 2022, until two months later, the UN General Assembly, for example, the UN General Assembly is called the veto vetoric initiative. All 16 countries of all the United Nations Group have implemented the 16th reform c o-author, covering members of the Invisible Security Council, three west. In accordance with the General Assembly resolution 262/76, the chairman of the General Assembly needs to "convened the official meeting of the General Assembly in the direction of 10 business days after the application of a veto or various unchanged security directors" was provided. To implement the debate, the parliament has not gathered for any kind of special meeting for any situation. 17 The invariant member who exercised the veto has the first opportunity to execute in the integrated responsibility of the General Assembly. 18 Including this, the General Assembly said to the Security Council to hold a special meeting.
The second procedure for the penetration in Japan was a US sel f-binding, "Except for rare abnormal situations, refrain from exercising veto rights." twenty one
With this sel f-binding on September 8, 2022, the United States has almost repeated (even if it is not directly supported) to the two major Initiative to restrict the exercise of veto rights. 22. One of them is the "Invisibility, Consistency, Transparent Code of Conduct (ACT)", which signed 121 UN member countries, covers two unchanged members of France and the United Kingdom. It is notable that "Genocide, atrocities against humanity, to prevent the execution of military crimes, or to prevent this crime, opposes the confidence of the Protection Board's resolution. It is a signature that you promise not to vote. " 23 < Span> Russian hostility has led to many years of effort to limit the veto of procedures. In 1949, the General Assembly resolved in the “Basic of the World” said to the Invisible Board of the Security Board, “gradually expanding cooperation and showing the use of veto-billing rights-the use of bills. "Called 15. 15 We will move in advance in advance: On April 26, 2022, until two months later, the UN General Assembly, for example, the UN General Assembly is called the veto vetoric initiative. All 16 countries of all the United Nations Group have implemented the 16th reform c o-author, covering members of the Invisible Security Council, three west. In accordance with the General Assembly resolution 262/76, the chairman of the General Assembly needs to "convened the official meeting of the General Assembly in the direction of 10 business days after the application of a veto or various unchanged security directors" was provided. To implement the debate, the parliament has not gathered for any kind of special meeting for any situation. 17 The invariant member who exercised the veto has the first opportunity to execute in the integrated responsibility of the General Assembly. 18 Including this, the General Assembly said to the Security Council to hold a special meeting.
The second procedure for the penetration in Japan was a US sel f-binding, "Except for rare abnormal situations, refrain from exercising veto rights." twenty one
With this sel f-binding on September 8, 2022, the United States has almost repeated (even if it is not directly supported) to the two major Initiative to restrict the exercise of veto rights. 22. One of them is the "Invisibility, Consistency, Transparent Code of Conduct (ACT)", which signed 121 UN member countries, covers two unchanged members of France and the United Kingdom. It is notable that "Genocide, atrocities against humanity, to prevent the execution of military crimes, or to prevent this crime, opposes the confidence of the Protection Board's resolution. It is a signature that you promise not to vote. " 23 Russia's hostility has led to many years of effort to restrict the veto of procedures reform. In 1949, the General Assembly resolved in the “Basic of the World” said to the Invisible Board of the Security Board, “gradually expanding cooperation and showing the use of veto-billing rights-the use of bills. "Called 15. 15 We will move in advance in advance: On April 26, 2022, until two months later, the UN General Assembly, for example, the UN General Assembly is called the veto vetoric initiative. All 16 countries of all the United Nations Group have implemented the 16th reform c o-author, covering members of the Invisible Security Council, three west. In accordance with the General Assembly resolution 262/76, the chairman of the General Assembly needs to "convened the official meeting of the General Assembly in the direction of 10 business days after the application of a veto or various unchanged security directors" was provided. To implement the debate, the parliament has not gathered for any kind of special meeting for any situation. 17 The invariant member who exercised the veto has the first opportunity to execute in the integrated responsibility of the General Assembly. 18 Including this, the General Assembly said to the Security Council to hold a special meeting.
The veto initiative in practice
The second procedure for the penetration in Japan was a US sel f-binding, "Except for rare abnormal situations, refrain from exercising veto rights." twenty one
With this sel f-binding on September 8, 2022, the United States has almost repeated (even if it is not directly supported) to the two major Initiative to restrict the exercise of veto rights. 22. One of them is the "Invisibility, Consistency, Transparent Code of Conduct (ACT)", which signed 121 UN member countries, covers two unchanged members of France and the United Kingdom. It is notable that "Genocide, atrocities against humanity, to prevent the execution of military crimes, or to prevent this crime, opposes the confidence of the Protection Board's resolution. It is a signature that you promise not to vote. " twenty three
Another attempt to restrict vetories was first proposed by the supporters of the French country in 2013, and at the 70th General Assembly in 2015, "Suspension of rejection in the worldwide cruise. It is the initiative of Franco Mexico announced as a "political declaration". 25. It proposed that "the fact that in the event of a global atrocities, the fact that unmatabeled states will avoid the exercise of veto rights," have proposed a collective and voluntary agreement between the unemployment of the Protection Board. The declaration was signed by 104 UN member states and two observers, but only France was France. 26 Observers described France and the United Kingdom (signed on the abov e-mentioned law code) as implicit awareness of two European power, which means that the use of veto rights will be illegal. Masu. 27 In fact, France and the United Kingdom's responsibilities in France and the United Kingdom are no longer justified by the potential military employees of these countries standing over the world. On the other hand, the two countries are considered nuclea r-owned countries and continue to dispatch soldiers outside Europe. Furthermore, recent U. S.'s sel f-associations have continued to project European military power to the outside of Europe.
Based on the case of Rwanda, Bosnia and Myanmar, two concepts were first launched. These concepts aim to eliminate the possibility of exercising veto rights in the history of atrocities that are unavoidable or currently undergoing a progressive form, and most of them are no n-national or accidental groups. It is held, often organized by the state (no forced director of the Security Council).
Ukraine after 2014, including 2022 or later, is considered to be different. In this case, the permanent director of the Security Council is anger itself, not mentioned in the initiative of ACT, and is not covered by the concept of "collective atrocities" from the viewpoint of Initiative in Buddha and Mexico. However, global atrocities, military, and hostility are mixed. They not only seek other (no n-nation) warnings and suspensions of ACT and A Fortioli's Franco Mexico, but when the government himself violates these violations. You will know that you will collide with. < SPAN> Another attempt to limit the vetal right was the first proposal by the supporters of the French country in 2013, and at the 70th General Assembly in 2015, "The veto of a global atrocities. It is an initiative of Franco Mexico announced as a political declaration on suspension of impact. 25. It proposed that "the fact that in the event of a global atrocities, the fact that unmatabeled states will avoid the exercise of veto rights," have proposed a collective and voluntary agreement between the unemployment of the Protection Board. The declaration was signed by 104 UN member states and two observers, but only France was France. 26 Observers described France and the United Kingdom (signed on the abov e-mentioned law code) as implicit awareness of two European power, which means that the use of veto rights will be illegal. Masu. 27 In fact, France and the United Kingdom's responsibilities in France and the United Kingdom are no longer justified by the potential military employees of these countries standing over the world. On the other hand, the two countries are considered nuclea r-owned countries and continue to dispatch soldiers outside Europe. Furthermore, recent U. S.'s sel f-associations have continued to project European military power to the outside of Europe.
Based on the case of Rwanda, Bosnia and Myanmar, two concepts were first launched. These concepts aim to eliminate the possibility of exercising veto rights in the history of atrocities that are unavoidable or currently undergoing a progressive form, and most of them are no n-national or accidental groups. It is held, often organized by the state (no forced director of the Security Council).
Ukraine after 2014, including 2022 or later, is considered to be different. In this case, the permanent director of the Security Council is anger itself, not mentioned in the initiative of ACT, and is not covered by the concept of "collective atrocities" from the viewpoint of Initiative in Buddha and Mexico. However, global atrocities, military, and hostility are mixed. They not only seek other (no n-nation) warnings and suspensions of ACT and A Fortioli's Franco Mexico, but when the government himself violates these violations. You will know that you will collide with. Another attempt to restrict vetories was first proposed by the supporters of the French country in 2013, and at the 70th General Assembly in 2015, "Suspension of rejection in the worldwide cruise. It is an initiative of Franco Mexico announced as a "political declaration". 25. It proposed that "the fact that in the event of a global atrocities, the fact that unmatabeled states will avoid the exercise of veto rights," have proposed a collective and voluntary agreement between the unemployment of the Protection Board. The declaration was signed by 104 UN member states and two observers, but only France was France. 26 Observers described France and the United Kingdom (signed on the abov e-mentioned law code) as implicit awareness of two European power, which means that the use of veto rights will be illegal. Masu. 27 In fact, France and the United Kingdom's responsibilities in France and the United Kingdom are no longer justified by the potential military employees of these countries standing over the world. On the other hand, the two countries are considered nuclea r-owned countries and continue to dispatch soldiers outside Europe. Furthermore, recent U. S.'s sel f-associations have continued to project European military power to the outside of Europe.
Based on the case of Rwanda, Bosnia and Myanmar, two concepts were first launched. These concepts aim to eliminate the possibility of exercising veto rights in the history of atrocities that are unavoidable or currently undergoing a progressive form, and most of them are no n-national or accidental groups. It is held, often organized by the state (no forced director of the Security Council).
Assessment and Outlook
Ukraine after 2014, including 2022 or later, is considered to be different. In this case, the permanent director of the Security Council is anger itself, not mentioned in the initiative of ACT, and is not covered by the concept of "collective atrocities" from the viewpoint of Initiative in Buddha and Mexico. However, global atrocities, military, and hostility are mixed. They not only seek other (no n-nation) warnings and suspensions of ACT and A Fortioli's Franco Mexico, but when the government itself has actually violated these violations. You will know that you will collide with.
This follows in the footsteps of all three ‘Western’ permanent members, who have pledged not to use their veto against any Council action against leading crimes (including, presumably, their personal crimes). The actual legal status of these self-commitments is not entirely clear. They are not de facto binding unilateral declarations. Rather, their titles as “code of conduct”, “political declaration” and “statement” give them a “purely” political appearance. In fact, all commitments puncture the law: the Franco-Mexican initiative allows for the exclusion of “vital national interests”, and the US “position” does not include “rare emergency situations” which remain undefined. 28 But even such political commitments may change in legal nature over time (alternating between compliance and non-compliance). Their normative significance is only guaranteed by the reputational costs of non-compliance. Despite these caveats, the three powers’ commitments are faithful to the historical imperative of the veto. They strengthen the legitimacy of the Security Council.
The veto activation initiative held at the 2022 General Assembly is different from the promises mentioned above. It is not a duty not to exercise veto rights as mentioned in scientific research 29, but an obligation to discuss at the General Assembly. There, ideas formulated in advance research are actually implemented. For example, Daniel McCry and Rafael Nicola Fazelle, who examined in detail about the obligation to justify the decisions at the Security Council, are part of the guarantee of the Security Council. 31, which formulates information provision, information provision, consultation, motivation, motivation, and reporting 31. 31 Ann a-Distance, is obliged by security and information disclosure and consultation in a certain situation based on Article 39. Explained the duty. 32 Spain assumes that the obligation to make a decision includes the duty of the Board of Directors to investigate whether there is a threat or violation of the world. In this case, according to Anna in Spain, the Board of Directors shall publish the official statement and justify the reasons for not making decisions. 33 Spain argued that such information disclosure was a procedure in terms of veto.
The General Assembly enacted the "veto activation" procedure, which was the same result, imposing an obligation to activate veto rights and declare a permanent director who hindered security. 37
This procedure was initiated soon after its establishment, when the General Assembly debated the Russian Federation and China's veto of a draft Security Council resolution aimed at condemning the Democratic People's Republic of Korea (DPRK) for its intercontinental ballistic missile launches and nuclear tests. 38 During the General Assembly debates on 8 and 10 June 2022, 39 almost all countries from all regions of the world made clear and very positive statements about the new procedure established in GA resolution 262/76. At least 11 countries called the debate "historic," "groundbreaking," or important. 40 Sixteen countries considered the new structure to increase the permeability and accountability of the Security Council. 41 Others considered it to increase the efficiency and effectiveness of the Security Council. 42 Liechtenstein, in particular, expressed the hope that "the possibility of accountability to the General Assembly will strengthen the actions of the Security Council and reduce the number of vetoes." 43
Some countries welcomed the improved capacity of the General Assembly to play a "pivotal" role. 44
While veto-wielding governments no longer have the "last say", 45
the General Assembly can get involved and take over the necessary functions. 46
According to the Uruguay paper, GA resolution 262/76 represents a "turning point in the relationship between the Council and the General Assembly". 47
Others believe that the new system is actually working to preserve, strengthen and improve the multilateral system. 48
Only Syria expressed regret, criticizing the fresh and unchanged discussions in the General Assembly, citing "political polarization". 49
Although publicity always carries the risk of a "show debate" in which the positions of the opponents harden, the criticism of Syria is considered unconvincing after all. Publicizing the discussions in the General Assembly would ultimately help to build consensus. Syria's lone statement follows in its footsteps and is immediately taken as a sign of the Syrian government's absolute dependence on the Russian Federation - since its very existence is due to Russia's military support in the criminal crackdown on the opposition.
The second general assembly discussion under the new mechanism created by the 76/262 Hectares resolution was held after Russia has been rejected to support the border of Syria in Syria. 50 In a discussion on July 21, 2022, Nicaragua, Belarusi, and Cuba weakened the conscientious negotiations of the resolution at the board of directors, and said that it was "unnecessary", "unnecessary". I criticized it as it was. 51
The third application of the new mechanism was again about Ukraine. Albania and the United States have submitted a resolution on the accusations and invalidity of the referendum in the occupied area of Donetsk, Lugansk, Kelson and Zapology at the end of September 2022. 52 Russia activated veto on September 30, 2022. 53 On October 4, 2022, a special report requested based on the GA resolution RES 262/76 was handed by the Chairman of the Security Council to the Chairman of the Security Council. This report consists of one page, an overview of the procedure, a list of related documents, and "The resolution has obtained the required number of votes, but was rejected by one of the permanent directors of the Security Council. Was written. "54 In the future, such reports may be more detailed, but it does not need to be mentioned at the General Assembly.
Notes
- Since then, there have been no attempts to collect security advice to discuss the situation in Ukraine. Instead, the General Assembly examined the issues of legal protection and damages. The updated Special General Assembly adopted a resolution for "legal protection and compensation related to the invasion of Ukraine." 57
- The Chinese side is keen to the danger of a new procedure that causes "procedures and contradictions." 59 This is a considerable devastating method that evokes Russian resistance, such as the “unification under the name of peace” organized in 1950. 60 Really, Article 12 of the United Nations Charter clarifies the unification of the name of peace. Article 12 of the United Nations Charter clarifies the value of the Protection Board of Protection Board against the General Assembly, and stipulates as follows. "The Protection Board is a function given by the Charter in connection with any dispute or history, but the general meeting is such a dispute or history if security advice does not require it. Under this condition, the General Assembly does not make a unique function in this condition, but if the general meeting does not make a unique function. The unity of the host is not active during the war in Syria, but has now been activated. On the 3rd, the penetration of Russia, after that, accepted the conclusion of the Security Council's conclusion that the General Assembly had a conclusion of the 11th extraordinary general meeting of the General Assembly, so the members who had not been changed during the 8979 sessions were unanimous. The absence did not allow him [A]. < SPAN> The legal and political results brought by the adoption of GA resolution 76/262 are still shining. Against the backdrop of such a situation where the Security Council has already explained veto at the public meeting of the Security Council, the new device may be duplicated and redundant. However, the new procedure of the General Assembly resolution is beyond past practices. There is a fact that the comments have been repeatedly repeated to all UN member states who have the right to speak at the General Assembly.
- The Chinese side is keen to the danger of a new procedure that causes "procedures and contradictions." 59 This is a considerable devastating method that evokes Russian resistance, such as the “unification under the name of peace” organized in 1950. 60 Really, Article 12 of the United Nations Charter clarifies the unification of the name of peace. Article 12 of the United Nations Charter clarifies the value of the protection board for the General Assembly, and stipulates as follows. "The Protection Board is a function given by the Charter in connection with any dispute or history, but the general meeting is such a dispute or history if security advice does not require it. Under this condition, the General Assembly does not have a unique function to block the veto in this condition. The unity of the host is not active during the war in Syria, but has now been activated. On the 3rd, the penetration of Russia, afterwards, accepted the conclusion of the Security Council to convene the 11th Extraordinary General Assembly of the General Assembly, so the unanimous members of the members who have not changed during the 8979 sessions. The absence did not allow him [A].
- It is important to show that the actual procedure under GA Resolution 262/76 does not affect the essence of the veto law, nor does it shed light on the root causes of the discomfort associated with this right, but simply that it does not reflect contemporary geopolitical realities. Indeed, it is not surprising that developing countries such as Brazil and India expressed skepticism towards the new procedure. 66
- The question therefore remains as to what normative and real forces remain open in these procedures: the use of the veto and the creation of accountability. Deterrence has only the unpleasant effect of widespread and public debate, which could result in an (insignificant) increase in the loss of the veto. The institution of users of the veto law becoming the "center of attention" 68 in the General Assembly creates a permeability that is seen as a soft form of accountability to itself. 69
- But is this hope realistic? The United Nations, including the most influential institution, "exists in the sovereign nation, and its activities must be based on political realism, but this organization is also a treasure of international idealism. The emotions are the foundation of the United Nations and the International Committee (ICISS) seems to be unprecedented. ICISS stated that "it is not a matter of finding the source of power that is replaced by the Security Council, but a challenge to enforce a much better security advice than the security.
- The only difference between the constitutional revision and the work style reform is that, but the important thing is that the latter can be legally designed as a dynamic interpretation of the United Nations Charter through the following practices. Formally, the United Nations Charter, which is a contractor, "subsequent agreements on the interpretation of the contract" (Article 31, Paragraph 3 of the Vienna Treaty on the International Treaty Law), or "the parties involved in the interpretation of the contract" It can be interpreted (r e-examined) in consideration of "subsequent customs to prove agreement and apply a contract" (Article 31, Paragraph 3 B) of the Vienna Treaty on the International Treaty Law. This is because the boundary between the simple "interpretation" of the Charter and the silent change is ambiguous in the legal theory and practical, and the member states can agree in a special order of changes in the revised rules. be. It is often said that the United Nations Charter is particularly possible with a dynamic interpretation because its constitutional personality and official change are difficult, and requires it. 75 On the other hand, "On and off
- Another question is whether the normal law may be generally changed by new procedures. 77 There are several reasons for this. It is not easy to think that the obligation directly called "political", not "legal", is the appearance of Opinio Julis. Furthermore, although the two permanent directors of the Security Council opposes this trend, these permanent directors are countries that are particularly affected by their profits and to mature their customs norms. Opinions and practice are required. Finally, the use of the Charter's grammar, replacing, and deviating, is not desirable in normality, as there is a risk of weakening the charges. The only difference between the constitutional revision and the work style reform is that, but the important thing is that the latter can be legally designed as a dynamic interpretation of the United Nations Charter through the following practices. Formally, the United Nations Charter, which is a contractor, "subsequent agreements on the interpretation of contracts" (Article 31, Paragraph 3 of the Vienna Treaty on the International Treaty Law), or "the parties involved in the interpretation of the contract" It can be interpreted (r e-examined) in consideration of "subsequent customs to prove agreement and apply a contract" (Article 31, Paragraph 3 B) of the Vienna Treaty on the International Treaty Law. This is because the boundary between the simple "interpretation" of the Charter and the silent change is ambiguous in the legal theory and practical, and the member states can agree in a special order of changes in the revised rules. be. It is often said that the United Nations Charter is particularly possible with a dynamic interpretation because its constitutional personality and official change are difficult, and requires it. 75 On the other hand, "On and off
- In consideration of these problems, I would like to at least welcome the configuration of the work method that has the potential to update the application range of alcohol in ART, for example. Article 27 (3) of the United Nations Charter. 78 In this country, if there is a "conflict" that the government is regarded as a "parties", the conclusion is not regarded as procedural (Article 27,), and Chapter 6 "Pacific Solution of the Conflict" or 8th. Considering the abstinence that all members of the Protection Committee cannot be handed over, under the condition that they belong to the chapter (Article 52 (3)). ), However, it does not belong to Chapter 7, "Danger of the World, Invasion of the World, Invasion". 79 From the legal point of view, the proposals and scholars on the widespread and expanded interpretation of this crush should be reviewed to avoid paralyzed the security Board in connection with the enthusiastic tort of the immutable member countries. It is. The expansion of such a charter was 80 for the first few years after the United Nations was established 80. 80.
- China is preparing to freeze the major universal power, and has the opportunity to show the wise leadership. 83 For example, China commented on new positions as follows: "We recognize our agreements in security rationale in this way, which conforms to the UN Charter and Historical Charter." In fact, China, a founding member of the United Nations, said, "In fact, we are not rationally thinking that dignified powers will actually try to demand the abolition of the rejection law." "85 There is a possibility that this time will come, but I don't know when it will come.
- It has continued to believe that political work to improve the work of the Protection Committee could be born in the last stress history, including the direction of the subsequent restrictions of the abuse of veto rights. 。 In 1945, the unchanged members announced: "However, in fact, the unpolished members will apply the right to refuse to hinder the council's work. Not even at the feet. 81 Unpacked today, following the footprints to be remembered over and over again about this historical obligation. Lon g-term Initiatives, which peaked in April 2022, has not agreed to the unlimited introduction of veto rights. 82
- In consideration of such problems, I would like to welcome the configuration of the work method that has the potential to renew the applicable range of drinking in ART, for example. Article 27 (3) of the United Nations Charter. 78 In this country, if there is a "conflict" that the government is regarded as a "parties", the conclusion is not regarded as procedural (Article 27,), and Chapter 6 "Pacific Solution of the Conflict" or 8th. Considering the abstinence that all members of the Protection Committee cannot be handed over, under the condition that they belong to the chapter (Article 52 (3)). ), However, it does not belong to Chapter 7, "Danger of the World, Invasion of the World, Invasion". 79 From the legal point of view, the proposals and scholars on the widespread and expanded interpretation of this crush should be reviewed to avoid paralyzed the security Board in connection with the enthusiastic tort of the immutable member countries. It is. The expansion of such a charter was 80 for the first few years after the United Nations was established 80. 80.
- China is preparing to freeze the major universal power, and has the opportunity to show the wise leadership. 83 For example, China commented on new positions as follows: "We recognize our agreements in security rationale in this way, which conforms to the UN Charter and Historical Charter." In fact, China, a founding member of the United Nations, said, "In fact, we are not rationally thinking that dignified powers will actually try to demand the abolition of the rejection law." "85 There is a possibility that this time will come, but I don't know when it will come.
- 2014: Draft Security Council resolution of 15 March 2014 (UN Doc. S/2014/189); Russia vetoed it at the meeting on 15 March 2014 (s/pv. 7138, 3). 2022: Draft Security Council resolution of 25 February 2022 (UN Doc. S/2022/155); Russia vetoed it at the meeting on 25 February 2022 (s/pv. 8979, 6). 30 September 2022, Draft SB resolution "Maintaining peace and security in Ukraine" (UN Doc. S/2022/720); Russia vetoed it at the meeting on 30 September 2022 (s/pv. 9143, 4). Space
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