United Nations Security Council 1

UNITED NATIONS SECURITY COUNCIL

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 United Nations Security Council 2

Introduction
The United Nations (UN) was formed after the World War II.1 The prosperous
allies developed this organization for the promotion of peace as well as to safeguard the Commented [A1]: UK spelling

globe from the harm of another like warfare. Its primary system includes the General
Assembly, the Global Judicature of Justice, the Fiscal as well as Interpersonal Council,
the Trusteeship Authorities, the Secretariat, along with the Security Council.2 Among the
six, it is the Security Council which possesses the most critical accountability for the
sustainence of security and peace,3 making the membership extremely valued.
The Security Council comprises of permanent as well as non-permanent
associates.4 In recent times, long-term membership has been the topic of significant
debate. The victors from the War, America, France, the Soviet Union, the United
Kingdom, in addition to China, offered themselves permanent membership on the
Security Council to make sure that international security and peace were in good hands.
Nonetheless, the globe has evolved since the conclusion of world war II. With the Commented [A2]: Capitalization needed

collapse of the Soviet Union, the Cold War along with other significant global activities,
brought about an alteration within world authority as well as the equilibrium of power. As
a result of this modification, many scholars consider that the Allies from the War are no
longer appropriate associates of the international structure. They claim that new nations
have risen and, as a result, new voices ought to be listened to. This paper examines the
security council's framework and addresses the issue regarding whether it should be
expanded.
The Security Council
The UN Security Council functions within the structure of the United Nation’s
Charter.5 Even though membership towards the UN is available to all “peace-loving
nations,”6 conditions within the UN Charter along with elections ascertain membership
towards the Security Council. The primary Security Council incorporated the five long-

1
Report of The Security Council (United Nations 2007) 58.
2
Thomas Burri, 'The UN Charter, The Security Council, And Creativity' [2017] SSRN Electronic Journal.
3
Stefan A. G. Talmon, 'A Universal System of Collective Security Based on The Charter of The United
Nations: A Commentary on Article 2(6) UN Charter' [2011] SSRN Electronic Journal.
4
L. Sievers and S. Daws, The Procedure of The UN Security Council (Oxford University Press 2015) 125.
5
Axel Dreher, ‘Jan-Egbert Sturm and James Raymond Vreeland’. (2009) 88.
6
Paul C. Szasz, 'The Security Council Starts Legislating' (2002) 96.
 United Nations Security Council 3

term associates as well as six non-permanent members in which the General Assembly
picked out, Australia, Brazil, Egypt, Mexico, the Netherlands, along with Poland. 7
Despite the fact that a lot of adjustments have taken place both in the globe as well as
in the United Nations Membership since the initial historical conference, the Security
Council's objective along with value continue to be unchanged. 8
The goal of the UN, as mentioned within the Charter, is to sustain global security
and peace.9 The Charter of the UN delegates the Security Council as the system mainly
accountable for achieving this objective.10Through the conditions of the Charter, the
Security Council comprises of 15 Associates of the UN.11 It involves the five mentioned
before long-term members, with the new Russia assuming the original Soviet Union's
seats, as well as ten non-permanent associates in which the General Assembly
chooses.12 Even though the United Nations Charter states that all its participants are the
same, the truth is they are not.13 The security council's long-term members have
distinctive veto powers which offer them higher command over the Security Council
compared to other associates.14
The Charter makes it possible for the adherents of the UN not in the Security
Council to take part in the affairs of the Security Council. 15 Even though not allowed to
cast a vote, they may get involved in Security Council talks each time their interests are
afflicted.16 The United Nations Charter additionally permits non-UN Members to take
part in Security Council negotiations in case the non-Member is linked to a dispute
which is below the consideration of the Security Council. 17
The Non-Lasting Memberships

7
Ramesh Thakur, 'United Nations Security Council Reform' (2004) 13.
8
Index to Proceedings of The Security Council (United Nations 2010).
9
L. Sievers and S. Daws, The Procedure of The UN Security Council (Oxford University Press 2015) 127.
10
Max Hilaire, United Nations Law and Security Council (Ashgate 2005).
11
Constantin A. Stavropoulos, 'The Practice of Voluntary Abstentions By Permanent Members Of The
Security Council Under Article 27, Paragraph 3, Of The Charter Of The United Nations' (1967) 61
12
D. Schweigman, The Authority of The Security Council Under Chapter VII of The UN Charter (Kluwer
law international 2001).
13
N. Fenton, Understanding the UN Security Council.
14
Ilyana Kuziemko and Eric Werker, (2006)114.
15
L. Sievers and S. Daws, The Procedure of The UN Security Council (Oxford University Press 2015)
130.
16
Sabine Hassler, Reforming the UN Security Council Membership.
17
David D. Caron, 'The Legitimacy of The Collective Authority of The Security Council' (1993) 87.
 United Nations Security Council 4

To have an understanding of the significance of long-term membership within the

Security Council, evaluating the position held by the non-permanent associates is
useful. A non-permanent member must have approximately 66% of the General
Assembly’s majority for him/her to be selected to the Security Council. After being
chosen, a non-permanent associate serves a two-year period, with five affiliates going Commented [A3]: Grammar

on retirement annually. Retiring associates are not qualified to apply for immediate re-
election.18
As outlined by the Charter, when choosing the non-permanent participants, the
General Assembly is to provide "due regard" to the involvement in the upkeep of global
security and peace and towards the other objectives of the United Nations. Even though
the elections are carried out through secret ballot, the associates of the United Nations
that are enthusiastic about acquiring a position on the Security Council normally make
their accessibility, as well as pursuits, recognised. No established guidelines exist for
the allocation of seats according to geographic syndication. Nonetheless, the Charter
provides that the General Assembly is additionally to provide "due regard" towards
geographic partition whenever choosing the non-permanent individuals.19 Throughout
the original Security Council selection, the General Assembly issued the non-permanent
positions as follows: 2 positions for Latin America, one seat for the Middle East, one
seat for Eastern Europe, one seat for Western Europe, as well as one seat for the
British Commonwealth.20
The Soviet Union stated that this distribution comprised of a "gentleman's
agreement" on the proper circulation of the elective positions to be adopted in upcoming
elections.21 The American state, in contrast, stated that the syndication was utilized only
to the original election and wouldn't establish a precedent. The geographic structure
was replicated for the 1st four years, but as different nations became an affiliate of the

18
Thomas Burri, 'The United Nations Charter, The Security Council, And Creativity' [2017] SSRN
Electronic Journal.
19
L. Sievers and S. Daws, The Procedure of The UN Security Council (Oxford University Press 2015)
127.
20
Ramesh Thakur, 'United Nations Security Council Reform' (2004) 13.
21
Terrence L. Chapman and Dan Reiter, 'The United Nations Security Council and The Rally ’Round the
Flag Effect' (2004) 48.
 United Nations Security Council 5

UN and regional interests transformed, observance towards the formula was deserted.
At this time, no method is employed.22
The Permanent Members
Article 23(1) of the UN Charter highlights the five Security Council long-term
affiliates.23 One objective of the UN's proprietors, after suffering enough through World
War II, was to avert another global warfare. The need to carry on the good faith along
with cohesiveness that commenced among them throughout the War as well as to keep
on taking part in a prominent part in the maintenance of comprehensive security and
peace, the Allies offered themselves long-lasting affiliation within the Security Council.'
Additionally, they ruled out the "foes" from World War II, Germany, Japan, and Italy,
from the membership of the UN. Given that these nations could not become affiliates of
the United Nations, they were additionally eliminated from membership within the
Security Council. Unfortunately, the mindset associated with wartime synergy expired at
the start of the Cold War.24
At the moment, some uncertainty exists whether the five long-term associates
would be granted long-lasting membership in case the Charter were drafted de novo.25
Alterations have taken place in the international position of UN Affiliates and long-term
members associated with the Security Council. Members have decreased and
increased their prosperity as well as influence, have grown to be more or less
democratic, and have struggled for and in opposition to global security and peace.
These alterations have prompted a lot of people to question the Five's right to long-term
affiliation. Most of the debate encircling the Security Council prevails due to the voting of
permanent members along with their veto powers. 26
1. Voting. -The UN Security Council members all acquire a single vote.27 Any
associate of the Security Council could present a proposition to be voted upon. The
person who submits the proposal is recognized as the proposal's sponsor. UN Members

22
Sabine Hassler, Reforming the UN Security Council Membership.
23
Barry O'neill, 'Power and Satisfaction in The United Nations Security Council' (1996) 40.
24
RAMESH THAKUR, 'UNITED NATIONS SECURITY COUNCIL REFORM' (2004) 13.
25
Sabine Hassler, Reforming the UN Security Council Membership.
26
McDonald Kara, UN Security Council enlargement and US interests (2010) 25. McDonald Kara, UN
Security Council enlargement and US interests (2010) 25.
27
Leo Gross, 'The Double Veto and The Four-Power Statement on Voting in The Security Council' (1953)
67.
 United Nations Security Council 6

that aren’t on the Security Council may likewise submit a proposition, but the issue is
going to simply be voted upon at the demand of a member of the Security Council.
Step-by-step matters call for a declaratory vote of a minimum of nine of the affiliates of
the Security Council members. Despite the fact that substantive concerns additionally
need nine affirmative votes, they furthermore call for concurring votes from the five long-
term associates. In case a lasting member doesn't give a concurring vote, the
proposition will not able to pass and this principle is known as the "great power
unanimity" which provides the long-term affiliates their veto power.28
2. The Veto.-The veto power connected with the lasting associates of the
Security Council has acquired both compliments as well as criticism. Even though the
permanent members have not often utilized the veto recently, it is nevertheless the topic
of debate.29 A few scholars look upon the veto as a sort of elitism while others term it
the United Nation's "fatal flaw".30 Nonetheless, others assert that the concept of
possessing five "big powers" had been a farce right from the start.31 At the conclusion of
the world war, the United Kingdom was financially worn out. 32 France was in recovery
mode from wartime profession, and the Chinese state soon grew to be linked to a civil
war.33 Consequently, critics declare that 3 out of the 5 "big powers" weren't actually in
"big power" roles at the end of the war. 34
The veto came into being at the Soviet Union's demand. Stalin pressed for the
veto since he was worried that the other adherents of the Security Council might out-
vote his associate on the majority of concerns and, as a result, needed to safeguard
himself in opposition to antagonistic majority votes. Even though "it aggrieved American

28
Edward C Luck, UN Security Council (Routledge 2011).
29
Conlon, 'Bardo Fassbender, UN Security Council Reform and The Right of Veto: A Constitutional
Perspective' (1998) 67.
30
Laura J. Shepherd, 'Power and Authority in The Production of United Nations Security Council
Resolution 1325' (2008) 52.
31
Irmgard Marboe, 'R2P And The ‘Abusive’ Veto – The Legal Nature of R2P And Its Consequences for
The Security Council and Its Members' (2014) 16.
32
Bruce Cronin and Ian Hurd, The UN Security Council and The Politics of International Authority
(Routledge 2008).
33
Peter I. Hajnal, 'The UN Veto in World Affairs, 1946–1990: A Complete Record and Case Histories of
The Security Council's Veto' (1993) 20.
34
Resolutions and Statements of The United Nations Security Council (1946-2000) (Kluwer Law
International 2002).
 United Nations Security Council 7

democratic sensibilities," the necessity of unanimity with regard to substantive concerns

was incorporated within the UN Charter.35
Initially, the Soviets regularly employed the veto to prevent the "American
completely outclassed majority. Within the first 20 years of the existence of the UN, the
Soviet Union cast 103 of the 111 vetoes granted. Throughout the subsequent 20 years,
nonetheless, other lasting members progressively utilized the veto, with the American
state utilizing it the most.83 In essence, any of the five long-term affiliates can stop the
Security Council from taking steps through the employment of the veto.36 Consequently,
in case a crisis occurs posing a risk to international security and peace and a long-term
member votes in opposition to taking measures, the Security Council is not going to
have the ability to act.37
The engagement of the UN in the Korean Warfare shows the effects that the veto
can possess. Following the North Korean invasion into South Korea, the American
administration tried to offer assistance to the South Koreans through creating a
proposition to the Security Council for the aid of the UN.38 Although the Security Council
eventually approved a resolution to offer the recommended support, it only sanctioned
for the reason that the Soviet Union was boycotting the Security Council during that
period.39 In case the Soviets had taken part in the vote, they would have possibly voted
in opposition to the proposition and the United Nations wouldn't have acted. Regardless
of the resolution passage, the Soviet Union declined to provide support to the South
Koreans as needed and, alternatively, helped the North Koreans. The Soviets by no
means acknowledged the authenticity of the resolution due to their absence when the
votes were being casted. Accordingly, Security Council as well as the action of the UN
can be dependent on just one vote of a long-term associate.
As a consequence of the prospective severity of this kind of situation, the
General Assembly created a means to elude this issue through implementing the

35
Schindlmayr, 'Obstructing the Security Council: The Use of The Veto in The Twentieth Century' (2001).
36
Ian Hurd, After Anarchy (Princeton Univ Press 2008) 25.
37
Bruce Cronin and Ian Hurd, The UN Security Council and The Politics of International Authority
(Routledge 2008) 12.
38
Peter I. Hajnal, 'The UN Veto in World Affairs, 1946–1990: A Complete Record and Case Histories of
The Security Council's Veto' (1993) 20.
39
Conlon, 'Bardo Fassbender, UN Security Council Reform and the Right of Veto: A Constitutional
Perspective' (1998) 67.
 United Nations Security Council 8

"Uniting for Peace Resolution" in 1950. The Resolution makes it possible for the
General Assembly to utilize collective actions, such as armed force whenever needed,
to re-establish global security and peace in case the Security Council doesn't make a
change. Therefore, below this firmness, the General Assembly possesses the capacity
to sidestep the veto's potentially devastating impact.
Even though the veto has brought about aggravation, and stopped the United
Nations from dealing with many conflicts between the West and the East, its enthusiasts
assert that the very survival of the United Nations is dependent upon the veto.40 As
outlined by Sir Crispin Tickell, a Northern Ireland and UK representative of the Security
Council, the "veto is vital" since it makes certain that the United Nations is given
attention to. Devoid of the veto, resolutions could pass that order the lasting affiliates to
take measures they don't plan to abide by.41 These kinds of resolutions would weaken
the Security Council and in the end the UN per se.42 In disregarding the tenacities
associated with the Security Council, the permanent associates would establish an
undesirable example for other affiliates and entice them to neglect resolutions. 43 Sir
Tickell additionally states that the veto guarantees legitimate worldwide consensus
before steps are considered which impact the global community and offers the Security
Council with continuity.44 Therefore, even though the veto seems to be undemocratic
since it provides a lot more capacity to the long-term members as compared to others,
this disparity in power appears to hold the United Nations together and offer the
Security Council authenticity.45
Moreover, in the veto, members who are considered permanent may exercise
voluntary and obligatory abstentions. “The charter offers mandatory abstentions,
asserting that any member of the Security Council shall refrain from voting if he/she is
party to any form of dispute.” However, in contrast, voluntary abstention was not

40
A. Orakhelashvili, 'The Impact of Peremptory Norms on The Interpretation and Application of United
Nations Security Council Resolutions' (2005) 16.
41
Bruno Simma, The Charter of The United Nations (Oxford Univ Press ₈[ua]₋ 2012).
42
Conlon, 'Bardo Fassbender, UN Security Council Reform and The Right of Veto: A Constitutional
Perspective' (1998) 67.
43
George Eliot, The Mill on The Floss (Open Road Integrated Media 2016).
44
David Schweigman, The Authority of The Security Council Under Chapter VII of The UN Charter
(Kluwer law international 2001).
45
Yehuda Z. Blum, 'Proposals for UN Security Council Reform' (2005) 99.
 United Nations Security Council 9

generated based on formal documents. Previously, it was decided that only permanent
members who were party to disputes could not vote, by permanent members. 46 After
changing mind, the United States drafted a law which allowed voluntary abstention.
Before a decision was made on the subject, the Soviets already desired to desist from a
vote instead of rejecting it. The Soviet Union were allowed to cease and consequently,
other members began to use the practice. In 1971, voluntary abstention got endorsed
as a "generally accepted" practice by the Intercontinental Court of Justice. 47
Reasons Why the United Nations Security Council Should not be Expanded
The United Nations Security Council does not need to be expanded for several
reasons. To start with, lasting followers alleged that larger Security Councils are
“inefficient and cumbersome.” Moreover, it was further indicated that increased numeral
of permanent members would bring along weighty complications and hitches, for
instance, rewriting the charter as well as the entire constitution of the Security Council.
Secondly, there is no need to repair a system which has not broken down; since the
conclusion of Cold War, the Security Council has performed well even conducting
legitimacies, in peacekeeping exertions.48 Restructuring El Salvador's legal scheme and
Cambodia’s reconstruction are some of the noteworthy accomplishments of the Security
Council. Besides, even countries lacking permanent seats appear to be satisfied with
the current performance of the council. A great example is Pakistan who declared to be
against expansion.49 A spokesman from a foreign ministry pointed out that conclusion of
the Cold War significantly improved cooperation among the permanent members, and
the current increase is not justifiable.50 Consequently, altering the framework of the
Security Council now may end the present state of cohesiveness and efficiency.
In 1966 during which the number of non-permanent members was amplified,
proposals were submitted to add the number of perpetual membership. In 1979,
amendment proposals were made to expand the number of lasting adherents.

46
Edward C Luck, UN Security Council (Routledge 2011).
47
Index to Proceedings of The Security Council (United Nations 2009).
48
David Schweigman, The Authority of The Security Council Under Chapter VII of The UN Charter
(Kluwer law international 2001).
49
Roger Brownsword, Chapter VII Powers of The United Nations Security Council, The. Studies in
International Law (Hart Publishing 2004).
50
Stewart M Patrick, UN Security Council Enlargement and U.S. Interests (Council on Foreign Relations
Press 2010).
 United Nations Security Council 10

Eventually, no changes were made.51 With the collapse of the Soviet Union, interest
was initiated all over again in 1991. UN affiliates without permanent seats ascended and
desired the positions from the dwindling communists’ countries, and addition, members
from Italy and NAM (the Non-Aligned Movement) reasserted the matter on changing
Security Council’s representation, in December 1991.52 The makeup at the Security
Council brought discontentment to several UN members; they felt that the current Commented [A4]: ?

arrangement did not represent the entire international community appropriately. For
instance, neither Africa nor Latin America had permanent members while Europe had
two permanent members.
In 1945, the year UN came into existence, only four members represented
Africa.53 Currently, the UN is the leading regional union with fifty-one permanent
members from Africa. Nevertheless, in the Security Council, none of them has
permanent seats. Opponents in contrast of expansion assert that addition of new
placements might bring the union to a “Pandora box” situation ensued with “inefficiency
and chaos.” Considering the complexity of intense feelings and concerns from the
proposers and opposers of expansion, there exists no simple answer.
Ironically, again the decision on resolutions to increased permanent members will
be made by those with veto power. The charter must be amended if the Security
Council will be expanded. Moreover, all adjustments made on the charter must be
approved by five permanent affiliates in the Security Council. "2 Therefore, in the
instance one among the five members decides to veto the proposal, it will not pass. It is
unlikely, even in the future that all five members will all agree to proposals with such
consequences. For instance, even now, England already quantified to resist any
attempts to adjust the current structure.54
Conclusion
Based on the factors pointed out above, there is no need for the expansion of the
Security Council. In fact, numerous countries are delighted with the current performance

51
Peter I. Hajnal, 'The UN Veto in World Affairs, 1946–1990: A Complete Record and Case Histories of
The Security Council's Veto' (1993) 20.
52
Bruno Simma and others, The Charter of The United Nations.
53
Stefan Talmon, 'The Security Council as World Legislature' (2005) 99.
54
Erika De Wet, The Chapter VII Powers of The United Nations Security Council ([sn] 2004).
 United Nations Security Council 11

of the Security Council. Moreover, after the conclusion of the Cold War, all the five
permanent members are cohesively working together. 55 However, it is hard to ignore
changes happening in the UN and World Order after the conclusion of World War II.
Membership in the UN has significantly amplified over the years with some countries
gaining world power statuses. These nations with world power statuses should be
represented. To adequately embody the interest of the diverse international community
and sustain security and peace, the Security Council must adjust its structure to
accommodate the changing world around it.

55
Matthew Happold, 'Security Council Resolution 1373 and the Constitution of The United Nations' (2003)
16.
 United Nations Security Council 12

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