THE UN AS A DISPUTE SETTLEMENT SYSTEM: THE ROLE OF THE SECURITY COUNCIL

Yıl 2018, Cilt: 1 Sayı: 1, 19 - 32, 17.05.2018

Elena Andreevska

Öz

The concept of
‘international security’ implies a common interest in security transcending the
particular interests of sovereign states. The recognition of that common
interest carries with the aspiration to create a communal framework to replace
the need for unilateral national security measures. From the very outset the
establishment of a new framework for international security was seen as the
United Nation’s primary task. Chapter VI of the United Nations Charter, on the
peaceful settlement of disputes, stands at the heart of the Organization's
system of collective security. While the framers of the Charter understood
clearly the need for an enforcement mechanism, and provided the use of force
against threats to international peace and security, their hopes for a better
world lay in the peaceful resolution of armed conflicts. When the Charter is
viewed as a coherent legal text, Chapter VI appears as one of two sections at
its very centre. I sets the overarching principles of the UN, the rules
regarding membership, and the structure of the two major political organs.
Chapter VI is the first chapter to provide detailed mechanisms for the
implementation of the goals of the Organization. Immediately following it
appear the other group of articles offering such mechanisms, Chapter VII and
VIII, followed by issues deemed by its drafters less fundamental to maintenance
of the peace, such as economic and social matters, non-self-governing
territories and trusteeship, the International Court of Justice, and the
Secretariat. This structure parallels the language of Article 1(1), which sets
out the UN's first purpose as maintaining the peace and describes the two means
to that end: eliminating threats to the peace and bringing about the
'adjustment or settlement' of disputes that could lead to such threats.

Anahtar Kelimeler

United Nations, Dispute, Security Council, International Security, Sovereign States

Kaynakça

• Fromuth, Peter (1993). The Making of Security Community: The UN After the Cold War. Journal of International Affairs 46: 363-364. Gareth, Evans (1993). Cooperating for Peace: The Global Agenda For the 1990s and Beyond. Allen and Unwin. General Assembly in resolution 47/120 George, Scott (1973). The Rise and Fall of the League of Nations. London. Higgins, Rosalym (1972). The Advisory Opinion on Namibia. Which UN Resolutions are Binding under Article 25 of the Charter?, 21 ICLQ, 1972 Howard, Michael (1996). United Nations Divided World, The Historical Development of the UN’s Role in International Security. Clarendon Press. ICJ Reports, 1971 Lockerbie case, ICJ Reports, 1992. Peck, Connie (1998). Sustainable Peace: The Role of the UN and Regional Organizations in Preventing Conflict. Carnegie Corporation of New York Peck, Connie (1996). The United Nations as a Dispute Settlement System. Kluwer Law International. Report of the Secretary-General on the Work of the Organization, New York, 1993. Shaw, Malcolm (1997). International Law. Cambridge. Shaw, Malcolm (2017). International Law, Dispute Settlement trough the UN. Cambridge Security Council Resolution 509 (1882), with regard to Israel’s invasion of Lebanon Security Council Resolutions 234 (1967) and 338 (1973), the Middle East in 1967 and 1973 Sutterlin, J.S. (1995). Envisioning the UN in the Twenty-first Century, UNU Headquarters. The Report of Secretary-General on the Implementation of the Recommendation in the 1992 Report, A/47/965 Ury, Brett, and Goldberg, Brett (1988). Getting Disputes Resolved: Designing System to Cut the Costs of Conflict. Jossey-Bass. Urquhart, Brian (1986). The Role of the UN in Maintaining and Improving International Security https://www.tandfonline.com/doi/abs/10.1080/00396338608442322. Urquhart, Brian (1990). Role of the United Nations. http://www.mofa.go.jp/policy/other/ bluebook/1990/1990-2-4.htm. Urquhart, Brian (2004). Role of UN http://eng.globalaffairs.ru/number/n_3370 US Publication 2298 (1945). Wallensteen, Peter (1995). After the Cold War: Emerging Patterns of Armed Conflicts 1989-94. Journal of Peace Research 32: 333-350.