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UN Security Council and the DEFICIT oI COLLECTive security. Three decades have passed since the admission oI PRC into Security Council; no Iurther progress has been made. The only signiIicant development came in the Iorm oI 2758 resolution, through which ROC was recognized as legitimate government oI China automatically.
UN Security Council and the DEFICIT oI COLLECTive security. Three decades have passed since the admission oI PRC into Security Council; no Iurther progress has been made. The only signiIicant development came in the Iorm oI 2758 resolution, through which ROC was recognized as legitimate government oI China automatically.
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UN Security Council and the DEFICIT oI COLLECTive security. Three decades have passed since the admission oI PRC into Security Council; no Iurther progress has been made. The only signiIicant development came in the Iorm oI 2758 resolution, through which ROC was recognized as legitimate government oI China automatically.
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Téléchargez comme DOCX, PDF, TXT ou lisez en ligne sur Scribd
UN SECURITY COUNCIL AND THE DEFICIT OF COLLECTIVE SECURITY
On 23rd May 1995, National Spiritual Assemblies oI the Baha`is oI Australia, New Zealand, British Isles, Canada, Central America, Egypt, Sudan, Germany, Austria, India, Pakistan, Burma, Iran, Iraq, Italy, Switzerland, South America and United States approached Mr. Dag Hammarskfold Secretary-General United Nations United Nations New York, N.Y. in its capacity oI an international nongovernmental organization submitted recommendations Ior revision oI the Charter of United Nations and the Statute of the International Court of Justice. These suggestions were based on the basis oI equality, most important oI suggestions contained the reIorm in United Nations security council; they talked about scraping permanent seat and that every member be elected by due procedure without any repetition. Albeit, it was never looked at and all related eIIorts went in vain. On 31st August 1965, UN took steps to Iurther reIorm United Nation Security Council, as it expanded its erstwhile membership Irom 11 to 15 members, with super majority required Irom Ior action being increased Irom 7 to 9 votes. The amendment to Article 23 enlarged the membership oI the Security Council Irom eleven to IiIteen. The amended Article 27 provides that decisions oI the Security Council on procedural matters shall be made by an aIIirmative vote oI nine members (Iormerly seven) and on all other matters by an aIIirmative vote oI nine members (Iormerly seven), including the concurring votes oI the Iive permanent members oI the Security Council. This was the last sincere eIIort to reIorm UN Security Council, the only signiIicant development came in the Iorm oI 2758 resolution, through which PRC was recognized as legitimate government oI China. This led to withdrew oI recognition oI ROC as legitimate Government oI China automatically. Three decades have passed since the admission oI PRC into Security Council; no Iurther progress has been made till date in respect to reIorming oI the Council. Further dynamics oI 20th century have been completely changed, and now it becomes Iutile to continue with post world war arrangement. World`s third largest economy, Japan have been barred oI the Council due to its animosity with China, whole oI South America is unrepresented, great continent oI AIrica remains unrepresented in permanent members, Germany also has progressed 10 Iolds aIter the Iall oI Soviet Union, India on the other hand has gained diplomatic clout as well as economic gains which is unparalleled in 21st century. II the conditions remain same then, Security Council will lose its objective as key players holding the Iuture world will be out oI the world`s most reliable domain. I would like to cite the example oI G20, or the group oI 20 most advanced nations; this is the only group which has delivered most and has been successIul since its inception, unlike other Gs. This has been a result oI collective eIIort, as today reality has changed Irom a bipolar world to a multi-polar world. Accountability cannot be created unless there is no Authority.
INTRODUCTION: NEED FOR REFORMS
The United Nation (UN) has completed 65 years oI existence in 2010, since its charter came into Iorce on 24 October 1945 the organization has perIormed satisIactorily, and has been successIul in preventing Iiascos which its predecessor organization 1 was unable to prevent. In these 65 years world has changed dramatically, which is evident by the Iact that the world Irom previously bipolar world has moved towards a multi polar one. Countries which were regarded as great power aItermath oI world war has now been reduced to Iar lesser position and some countries have grown their strength both economic and military. Scholars` belieI oI single power aIter the end oI Cold War also does not hold weight in present context as world is now experiencing the growth oI developing nations. Japan which was completely devastated in world war, is presently third largest economy 2 . Further Germany has re-build itselI into the largest economy oI Europe and also leads in scientiIic and technological spheres 3 . The UN is trying to keep pace with time and bring in the changes that have taken place in world economical and political space. For these changes sweeping reIorms are proposed, but they do not see the light oI implementation due to various Iactors which revolves in world politics. This paper attempts to analyze some oI those eIIorts regarding Security Council reIorms centric to India and Iurther suggests measure towards a more equitable organization. DeIicit oI collective security implies the lack oI control or lack oI law and order which has created chaos at international level, due to lack oI authority and accountability. Authority here implies the power to take decision; these decisions which are carried under the seal oI authority are legitimate as they are done under the seal oI higher national/international guidelines. World has witnessed Uncle Sam`s rogue attitude, as it ignored Security Council`s advice and violated international provisions by attacking Iraq, so again there was a question on the eIIectiveness and eIIiciency oI UN Security Council, as we can see UN security council was unable to prevent US Irom attacking Iraq. The big-brothership oI US has cost millions their lives and it goes contrary to the objective laid down in Article 24(1) oI UN Charter 4 , 'to the maintenance oI international peace and security. The problem with current system that we can inIer on Iirst instance is that there is lack oI accountability which is
1 League oI Nations, World War II. 2 IMF's Special Data Dissemination Standard. 3 Ibid. 4 UN Charter, 24 October 1445. Iurther compiled with concentration oI power in Iew bunch oI countries based on the realities oI post World War II. It has created a situation like cartel, and the whole idea oI maintaining international peace and security has gone in vain which is again evident by the use oI veto by P-5, or Permanent 5 Ior their short and long term diplomatic interest. For example, the People's Republic oI China, which, in 1971, replaced the Republic oI China as a permanent Security Council member, has vetoed sparingly, but always and only on issues relating to Chinese national interests. In another example, in the Iirst ten years oI the U.N.'s existence, Russia was responsible Ior 79 vetoesmore than halI oI all the vetoes cast during that periodand cast them to dispute the U.S.'s reIusal to admit all oI the Soviet Republics as member states oI the U.N. In another example oI the use oI the veto power to advance national interests, between 1982 and today, the U.S. vetoed 32 Security Council resolutions that were critical oI Israel, a U.S. ally in the Middle East. 5 Due to the immense power oI the veto, permanent members oIten now meet privately and then present their resolutions to the Iull council so that compromises are reached beIore hand only. Accountability cannot be created without authority, as we cannot expect countries abiding by international guideline until they are given authority or platIorm to do so, this was the very reason oI G-20 coming into place, as G-7 and G-8 Iailed to cater to the international needs. And today the most eIIective Group is G-20 as it is Iar more eIIective as it includes world`s major economies at a larger level, this group caters to the economic need oI larger audiences than its predecessor Groups. Today world is not based on the realities oI mid 20 th century; it has evolved into a dynamic world in which even smaller states play very important roles, gone are the days when only big powers get the centre stage, today smaller countries like South Korea, Sri Lanka etc., also plays important role in contributing to world peace and order. Steps are needed to be taken to bring isolated countries into mainstream oI world politics, US took a brave step when it signed a nuclear deal with India, a non-signatory oI NPT though many skeptics view it as a negative step and encouragement oI proliIeration, but I perceive it as bringing India into mainstream NPT regime, in which it will be held accountable Ior its Iollies. Today there is always a danger all round the globe that a Iull-Iledged war can begin in any part oI the world iI appropriate steps are not taken, in Eastern Asia, there is a prolonged conIlict going on between North Korea and South Korea, with North Korea backed by China, and South democratic Republic backed by Western Forces; South Asia has its own trouble
5 John J. Mearsheimer and Stephen Walt.The Israel Lobby and US Foreign Policy. SG Faculty Research Working Paper Series. Harvard University. Retrieved 8 September 2007. with ever increasing tension among India and Pakistan, in addition to border dispute between India and China. AIghanistan is trying to standup on its Ieet, with the support oI US, and on the other hand Iran is inIuriating Western Countries with its troublesome nuclear program. Middle-East on the other hand has got its own problem in the Iorm oI Israel, which is an ally oI US; Iurther there is civil war going on in AIrican states, in addition to Somalian Pirates menace in Arabian Sea. Recently Security Council gave its mandate to Coalition Iorces to use surgical methods to remove Libyan Dictator; Iurther there are problems in Latin American states. So as such every part oI the globe is involved in one or the other conIlict, and Ior the maintenance oI peace Security Council has to play a very important role, and that cannot be achieved until proper representation is there in the Council.
Defects in the present System
As clearly mentioned in previous chapter, that status quo oI the council cannot be Iurther continued as it is based on the realities oI previous century and the political situation that arose post world war era, US is still dominant but has become much Ieeble in present times, albeit it still has diplomatic clout but there is a gradual decline seen in its power structure; UK which was one oI the biggies at that time has now very less inIluence over international dealings, and what more it Irame its policies in accordance with US, same is the case with France, Russia which at that time emerged as dark horse in World War II, in present context has no such say on world Iorum aItermath oI the Iall oI 'Berlin Wall, though it is still leading military power, but it has lost that clout which it used to enjoy in the days oI USSR 6 . The present system worked very well in Cold War era, but today this system seems irrelevant to carry on, we have to look retrospectively the idea oI UN security Council; the idea oI permanent membership in the security council was mooted to achieve great power unity that was thought necessary to preserve peace and security in the post Second World War period. 7 But that mission could not be materialized due to superpower rivalry witnessed during Cold War years. As a result the concept oI collective security Iailed miserably. What remains is the legacy oI use oI veto Ior personal and personal allies` interest, which was mentioned in preceding chapter.
6 Union of Soviet Socialist Republic 7 Aneek Chatterjee."The UN At Sixty Three : Problems And Prospects of Reforming A Veteran. Journal of Management and Social Sciences.Vol. 5, No. 1, (Spring 2009) 22-29. Further it is necessary Ior us to look at the potential candidates, countries which are trying hard to enter into the council Permanent stature; G-4 has been Iront runner among others and has attracted lots oI attention worldwide. G-4 as the name suggest, is the group oI Iour countries which are trying to make into Security Council permanent seats. It includes Japan, Brazil, India and Germany. Germany and Japan are tipped to be Iavorites because oI their emergence as major industrial nations aIter the Second World War. Japan is the 3 rd largest economy 8 , and is one country that suIIered heavy deIeat at the time oI World War II, Iurther it became the target oI only nuclear attack in the war, Japan has experienced phenomenal growth and is one oI the Irontrunners to support non proliIeration regime, Iurther it is one oI the highest aid donor in UN 9 ; but unIortunately its entry in Security Council Permanent membership has suIIered setback due to protest Irom China, North Korea and South Korea. It looks very absurd to keep Japan out oI the Security Council, when it is playing such a big role at international level. Germany is the Third largest contributor to United Nations Regular Budget. 10 Germany has witnessed very high growth and has been near to successIul in removing poverty in the country, Iurther aIter the Iall oI Berlin Wall in 1989, it has invested heavily in human capital oI East Germany. Today Germany boasts oI 6 th largest GDP. 11 Germany has gained much inIluence and its importance in European and International aIIair has increased exponentially. Again keeping out Germany Irom Security Council reIlects the imprudent attitude oI world body. Brazil's bid Ior a permanent seat on the Security Council is strengthened Ior number reasons, as Brazil sent troops to deIeat the Axis powers during WWII and was meant to get a permanent seat when United Nations Organization was created. Each continent was to get 2 permanent seats each (although America received only one and Europe and Asia each received two), and Brazil is the largest country in Latin America in terms oI population, economy and land area. The United States sent strong indications to Brazil that it was willing to support their membership; albeit, without a veto. Brazil has received backing Irom other countries such as Russia Ior a permanent seat as well. It is a member oI the G4 Nations alliance (including Germany, India and Japan). Every G4 country supports a permanent seat bid Ior each oI the other three (whilst each has strong claims to a seat independently). It has a tradition to lead UN troops in Peacekeeping missions, e.g. Haiti.
8 IMF's Special Data Dissemination Standard. 9 12.530% of Regular UN Budget. ST/ADM/SER.B/820. 10 8.018% of Regular UN Budget. ST/ADM/SER.B/820. 11 See, https://www.cia.gov/library/publications/the-world-factbook/geos/gm.html. India, a nuclear power, represents approximately a sixth oI the world's population and is the world's largest republic. It is also the world's IiIth largest 12 economy, in terms oI Purchasing Power Parity and maintains the world's third largest Armed Force. India is one oI the largest contributors oI troops to UN-mandated peace-keeping missions. Its bid is unequivocally backed by all permanent members except China. Sashi Tharoor, Iormer Indian State Minister oI External AIIairs in his book "Nehru - The Invention oI India," writes that Jawaharlal Nehru "declined a United States oIIer" to India to "take the permanent seat on the United Nations Security Council" around 1953. 13 On April 11, 2005 China announced it would support India's bid Ior a permanent seat, but without a veto. The veto power, however, is the most deIining characteristic oI a permanent member and in the eyes oI the G4 countries, to be denied the veto power is just a way Ior the 5 current permanent members to retain their superiority. US President Barack Obama on his recent visit to India declared US backing Ior India`s permanent seat at UN Security Council. Taking into account its huge population and growing economic and political clout, India is a strong contender to clinch a permanent seat. Another Iactor which bolsters India's candidature is the Iact that it was one oI the Iounding members oI the Security Council and has participated in several oI its activities, including UN in the Democratic Republic oI Congo, Cyprus, Cambodia, Yemen, Somalia, Rwanda and Namibia, among others. Further, apart Irom G-4, it is also require mentioning the Dark Continent, as till today it remains unrepresented; South AIrica, Nigeria and Egypt are Iront runners in the list Ior permanent membership oI United Nation Security Council. Arab world is also demanding representation Irom its region, but that seems Iar away due to tough procedure oI amendments in United Nations. There is also a question on the inclusion oI Britain and France in Security Council permanent seats, as in contemporary time it seem quiet irrelevant. 14 Britain and France are regarded by many scholars as the countries needed to be excluded Irom United Nations Security Council, but again the question arises is that who would dare to exclude these veto powered nations. 15
12 https://www.cia.gov/library/publications/the-world-factbook/geos/in.html. 13 http://www.informationdelight.info/encyclopedia/entry/United_Nations_Security_Council. 14 Ramesh Thakur. "Past mperfect Future Uncertain : The United Nations at Fifty, Macmillan Press Ltd. London. 15 Suter Keith. Reforming the United Nations. Macmillan Press, London. ATTEMPTS MADE: BEGINNING OF POLITICS
In the summer oI 2005, G-4 attempted to attract attention Ior permanent membership in UN Security Council, as it started circulating draIt resolution which were aimed at expansion oI the membership oI the Security Council to better reIlect contemporary world realities, there by shaping a balance oI Iorces capable oI enhancing the Council`s responsiveness to views and need oI all members. The draIt resolution circulated by G-4 talked about restructuring reIorms in the Council. The draIt resolution by G-4 proposed, that the membership oI Security Council shall be increased Irom IiIteen to twenty-Iive by adding six permanent and Iour non-permanent members. 16 DraIt Iurther proposed election pattern Ior both permanent and non-permanent members: Ior permanent members it proposed seats, two seats each Irom AIrica and Asian states and one each Irom Latin and Caribbean states, and Western European states; and Ior non-permanent members one each Irom AIrican, Asian, Eastern European and Latin American and Caribbean States. 17 The draIt proposed on 6 th July, 2005 diIIered Irom previous draIt proposed on 17 th May, 2005 as in the Iormer draIt G-4 relaxed its stand on Veto power Ior a time being. 18
Politics aIter these draIts intensiIied as there were Iew blocks on globe supporting it, while some vehemently opposed any kind oI change in the status-quo. All the groups priorities on the basis oI their short and long term interest, Ior example one block Uniting Ior Consensus, which included Argentina, Canada, Italy, Pakistan, Republic oI Korea, Spain, Turkey etc., had its priority set, as Korea can`t support Japan, while Italy, Spain cannot support Germany, and Pakistan has its arch rival India in probable oI permanent candidature, which deIinitely it cannot bear. Uniting Ior the Consensus came up with its own draIt on 21 st July, 2005 in which it proposed a diIIerent model calling Ior 20 non-permanent members in addition to existing Iive permanent members. 19 It Iurther advocated on the restraint on the use oI veto, which was not backed by any substantial model and way to implement. Uniting Ior Consensus argued that G-4 stand should be out rightly rejected in their letter to Secretary General oI UN: 'Creating six new permanent members will be contrary to the UN Charters Principle of Sovereign Equality. It will provide permanent presence on the Council to 11 states while consigning 180 other states to compete for 14 seats.
16 Draft Resolution. United Nations General Assembly A/59/L.64.6 th July 2005. 17 -id. 18 -id at 14. 19 Draft Resolution. United Nations General Assembly A/59/L.68.21 st July 2005.
Argument by movement oI Uniting Ior the Consensus Ialls Ilat as, they are against any change brought in United Nations SC, any step to expand the Council will in itselI is a step towards a more democratic structure, Iurther Uniting Ior the Consensus movement has accepted status quo, which is also concentration oI power; what G-4 proposes iI implemented will result in dilution oI power at the top level oI Security Council. AIrican Union on the other hand acknowledges the need Ior Security Council to reIlect present world realities and be more responsive to the aspiration oI all states members oI the United Nations, Iurther it reasons that in the year 1945, when United Nations was Iormed, most oI AIrica was not represented and as a result to this day the continent has no representation in permanent seat oI United Nation Security Council. 20 AIrican Union in its letter to UN General Assembly dated 18 th July, 2005, Iurther resolved to enlarge the Security Council in both permanent and non-permanent categories, according new permanent members the same prerogatives and privileges as those oI the current permanent members, including the right to veto. 21 AIrican Union address to General Assembly also provided membership criteria on political basis: %wo permanent seats and two non-permanent seats for African states, two permanent seats and one non-permanent seat for Asian States, One non-permanent seat for Eastern European States, one permanent seat and one non-permanent seat for Latin American and Caribbean States, one permanent seat for Western European and other States.` There were many other blocks which gave their views, but then groups like S-5 22 through their inputs mainly concentrated on the working oI United Nations Security Council.
FUTURE PROSPECTS: INDIA
On 22 nd May 2007, the President oI General Assembly appointed Mr. Heraldo Munoz, the permanent representative oI Chile and Mr. Christian Wenaweser, the permanent representative oI Liechtenstein, to conduct consultations with membership on the issue. On 26 th June 2007 report was out, and unIortunately it Iailed to come out with anything substantive. It commented on working methods, but when it came upon permanent membership reIorms, report ducked questions by just asking members to Iollow
20 Letter by African Union, addressed to General Assembly, on proposal made by G-4 in A/59/L.67.18 th July 2005. 21 -id. 22 Small Five States includes Costa Rica, Jordan,Liechtenstein, Singapore and Switzerland. intergovernmental negotiations. The report heavily laid stress on intergovernmental negotiations as the only concrete steps that can be taken in this aspect. All the steps taken were gone in vain, but India received a Iurther boost when last year President Barack Obama announced US support Ior India`s permanent membership at UN body. Today it has become imminent Ior United Nations to reIorm as without adequate representation in the Security Council, the Council cannot address the issue oI global peace which it aspires. II these reIorms are not taken at quick pace on the name oI equity and sovereignty, then it is better to abolish whole Permanent membership system, as it also contradictory to the belieI oI equity and sovereignty. It is very absurd to continue with this system, oI giving power in the hands oI Iew nations, based on the realities oI 2 nd World War, which makes no sense as even the geographical representation is not present. Few models which are oIten discussed, can be summed up as maintaining status quo, but the disadvantages oI this model has already been highlighted in previous sections oI the paper; second model which is most mooted upon is based on American Ambassador Bill Richardson`s proposal 23 , which implied the addition oI another Iive permanent members 1 seat each to Germany and Japan, and 3 states to be shared among AIrica, Asia and South America 24 , the primary purpose oI this proposal was to secure the admission oI both Germany and Japan to the Council 25 ; Ambassador Razali Ismail oI Malaysia in his report in the year 1997 recommended increasing the council`s membership Irom 15 -24 by adding Iive more permanent members one each Irom Asia, AIrica, and South America and Caribbean plus Germany and Japan 26 , this model is supposedly better than previous suggested model but a major weakness oI this model is that it will not signiIicantly alter the balance oI power in the Council. 27 There is also a proposal that suggests the concept oI rotating veto power, implying that countries will have to transIer their veto power to newer members aIter a Iix period oI time. 28 This proposal also implies that deserving member should be part oI Security Council, and hence diIIerence is again created. These models have been rejected and have never been thought oI being implemented, because countries with power would not want dilution in their power.
23 Okechukwu Ukaga. "Journal of the Third World. Vol. XV, No. 2, Fall 2001, pp. 164-5. 24 Osita G Afokau. "United Nations Security Council Reforms: A crtical Analysis of Enlargement Options 25 P.M. Kamath. "Reforming and restructuring the United Nations. Anamika Publishers and Distributors (P) Ltd. New Delhi. 2007. pp. 66-71. 26 -id. 27 Satoh Yukiyo. "Keep pushing reforms of United Nations Security Council. Japan Echo, Dec. 2003. pp 166-67. 28 -id at 25. The solution to this problem cannot be solved unilaterally by any state, but it will require larger consensus, and as this paper has tried to put the disadvantages oI the previous proposed models, this paper would like to argue Ior complete abolishment oI permanent membership, rather a larger group oI 20-30 countries can be elected (no repetition) based on their merit, Ior a period oI at least 4 years and utmost 8 years with veto power. This model deIinitely will qualiIy democratic procedure, Iurther non-abolishment oI veto is prescribed as their need to be some authority created, which will lead to accountability. This model can be easily implemented on geographical basis, i.e. , proper regional representation, Iurther this method will allow each state to participate in the decision making process, and would not allow any single state to exercise absolute power. The basic obstruction that this proposal will encounter is that, why would permanent veto powered state would shed its power, Ior any third state; this obstruction can only be dealt with larger political consensus which in near Iuture seems next to impossible. India Ior the time being should concentrate on its regional collective growth, growth including its neighbors as well, as it is more than clear that India`s short term security deIicit lies with its neighbors. India took a major step when it oIIered Bangladesh $ 1 Billion as credit 29 , Iurther it is doing a great job in AIghanistan and till now has committed about $ 1.5 Billion in its rehabilitation process through UN. UN Security Council and the deIicit oI Collective security can only be removed only by reIorming and restructuring UN, Ior when most oI the globe is unrepresented, it won`t Ieel participating in the peace process.
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29 Guardian. Tuesday 19 January 2010. See link, http://www.guardian.co.uk/commentisfree/2010/jan/19/bangladesh-india-relations-china