Mikael Baaz
This was a somewhat interactive lecture with constant reference to the Charter of the United Nations. In other words, you had to be there. (Sorry.)
Here are the highlights:
- The United Nations was created by and for the victorious powers of World War II. In fact, the name, "United Nations," was another name for the Allied Powers.
- According to the preamble, the United Nations was established in order to "save succeeding generations from the scourge of war" which is another way of saying that the chief goal was to avoid World War III.
- The preamble emphasizes the importance of peace as well as justice, social progress, and "better standards of life in larger freedom."
- Chapter I, Article 1 advocates the peaceful resolution of conflict and implies that peace is paramount over human rights.
- Article 2(1) states that the United Nations "is based on the principle of sovereign equality" and is thus not a world government.
-Article 2(3) establishes the responsibility of all members states to resolve disputes by peaceful means.
-Article 2(4) articulates a coherent prohibition on "the threat or use of force against the territorial integrity or political independence of any state..." (See Articles 39 and 51 for exceptions.)
- Article 2(7) establishes the principle of non-intervention. (Again, see Articles 39 and 51 for exceptions.)
- According to the Chapter 2, Article 6, a member state can be expelled by recommendation of the Security Council but this has no historical precedent.
-Chapter IV explains the composition and role of the General Assembly while Chapter V explains the composition and role of the Security Council.
-According to Article 23(1), the Security Council shall consist of fifteen members-- five permanent members including the US, Russia, France, China, and the UK.
-As implied in Article 27(1), any one of the five permanent members of the Security Council can stop an international action through veto.
-Chapter VI is entitled "Pacific Settlement of Disputes" and advocates peaceful resolution of international disputes.
-Chapter VII, entitled "Action with Respect to Threats to the Peace, Breaches of the Peace, and Acts of Aggression," articulates the two exceptions to the prohibition on the use of force. Article 39 states that "the Security Council shall determine the existence of any threat of the peace, breach of the peace, or act of aggression" and shall decide appropriate actions and responses. Article 51 permits the use of force in self-defense.
-In order to enforce sanctions or use of force, the Security Council must first determine the existence of a threat to international peace. This was especially difficult during the Cold War when the US and the USSR often pursued contradictory political and economic interests. This also explains why there has been a virtual explosion of peace operations following the end of the Cold War.
- In addition to the use of force, the Security Council can also impose political and economic sanctions.
-If the Security Council decides to forcefully intervene, troops must be provided by member states or the Security Council must designate a state or organization to act on behalf of the United Nations. This is because the UN does not maintain a standing army.
- In terms of self-defense, a state may act unilaterally to protect its territorial integrity and/or political independence. However, a state cannot use excessive force or more force than necessary. Furthermore, a state can act pre-emptively but not preventively. It is also important to note that self-defense does not equal revenge and must be undertaken in a timely manner.
-In April, Mikael will begin with Article 55 as the point of departure for his lecture on humanitarian intervention.
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