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International Relations Are Fast Becoming a Phenomenon International Law Essay

However, it is widely acknowledged that majority states of nations might want to live in a peaceful and secure environment. States could have economic, social or politics relations with another state and while they have this sort of relations sometimes it is possible to have conflicts between two or more states about their agreements or benefits. Besides these conflicts might cause a tension and it could be followed by a war. In these cases international law may need to be taken in account to prevent states from putting peace in threat or danger.

Nevertheless, it might be difficult for them to act according to international law by themselves. Thus they may need to some organisations to promote relations between nations and encourage them to obey or respect international law such as The United Nations Organisation (UNO) or generally called as the United Nation (UN). The United Nations is an organisation which aims to protect international peace, international law and international security. This organisation has six bodies, these Security Council, General Assembly, Economic and Social Council, Trusteeship Council, Secretariat and International Court of Justice. [1] 

This essay will first shortly advert about the United Nation system, secondly explain deal the Security Council and International Court of Justice and compare these both bodies as part for the progress and operation of international law.

General View of the United Nations

The United Nations has been launched after the solution of the Second World War and ‘in the light of Allied’ arrangement and purposes displayed through that disagreement. [2] In Charter of the United Nations in article 1 the aims of United Nations has been described. [3] According to this article:

‘[T]o maintain international peace and security, and to that end: to take effective collective measures for the prevention and removal of threats to the peace, and for the suppression of acts of aggression or other breaches of the peace, and to bring about by peaceful means, and in conformity with the principles of justice and international law, adjustment or settlement of international disputes or situations which might lead to a breach of the peace;

To develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, and to take other appropriate measures to strengthen universal peace;

To achieve international co-operation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion; and

To be a centre for harmonizing the actions of nations in the attainment of these common ends.’ [4] 

While the aims are obviously extensive, they make available a practical leader to the completeness of its interests. [5] 

The Charter of United Nations is not just for the many-sided agreement such as created body and abridged ‘rights and obligations of those governments accept it, plus it is the character of the UN, decretive its ‘job and prescribing’ its limits. [6] 

In addition, insider of the UN must help the party in its actions taken in harmony with the Charter and must avoid from giving hand governments against which the UN is taking ‘preventive or enforcement action’. [7] 

Security Council

Introduction:

The primary role of the United Nations is to preserve ‘international peace and security’. [8] During the complicated ‘Great Power’ consultations which cause the ‘conference at San Francisco in 1945’, the stress was on a special part ‘within the United Nations, the Security Council’, playing this job. [9] It can be said that vocation of Security Council is straight connected with the efficiency of the UN in preserving peace and security.

The Security Council consists of five standing members which are the United Kingdom, Chine, France, Russia and USA and ten impermanent members ‘(with year of term’s end)’-Bosnia and Herzegovina(2011), Germany(2012), Portugal(2012), Brazil(2011), India(2012), South Africa(2012), Colombia(2012), Lebanon(2011), Gabon(2011) and Nigeria(2011). [10] 

Function of the Security Council:

The members of Security Council could have the Presidency of Security of Council in turn according to ‘in the English alphabetical order of their names’ and ‘each President could have office for one calendar month’. [11] 

All impermanent members are elected by General Assembly for two year terms and they are not appropriate for urgent reselection. [12] Actually the number of Council used to be six but it has been added four more members by a change of the Charter which entered in force in 1965. [13] Each member of Council could vote once and all conclusions about general procedure are resulted minimum by nine of the fifteen member’s positive vote. [14] For the significant position’s decisions are needed nine votes, with all of five standing members in agreement votes. [15] [T]his is the rule of "great Power unanimity", usually described like the "veto" control. [16] This could give opportunity to state to have influence on others member of council and it could help state to protect or improve its benefits in other agreements. For example, it could help government in its diplomatic relations. A vote which is not positive by any of standing members is enough for veto any decree of the Council and protect with respect to general procedural problems, where nine positive votes are all needed. [17] 

According to Charter, all United Nations members concur to agree and perform the decisions of the Security of Council. [18] As other body part of the United Nations could have recommendations for Governments, only Council has right to make conclusions which Member Governments are subjected to ‘under the Charter’ to perform. [19] Besides the responsibility of the Security Council could be seen in article 24 of the Chapter V as follows:

‘[I]n discharging these duties the Security Council shall act in accordance with the Purposes and Principles of the United Nations. The specific powers granted to the Security Council for the discharge of these duties are laid down in Chapters VI, VII, VIII, and XII.’ [20] 

It could be understood from this article that the Security Council should take into account the United Nations missions while fulfil its duties.

Progress of Security Council:

When the Security Council has indeed started to aim for a mutual organ which works to conserve peace and security in the name of members of the United Nations, it might have also begun to increase its credibility in international area.

Generally international affairs and specially the United Nations have extensively changed after expiration of the Soviet Empire and of the Soviet Union. [21] Additionally, veto which directly has been concluded ideologically in the Security Council has removed and Cold War between USA and the Soviet Union has ended after that system has been released from under the press. [22] Following that the United Nations has become able to act as indeed want to do with the Security Council but it had difficulties to rose its success thus process has improved with suffering in a chaos environment. [23] For instance, tension between USA and Soviet Union might be a serious barrier in front of the UN because this competition could encourage states which member of UN to vote or take position according to their ideology. Thus the UN and the Security Council may not have objective decisions and it could cause a significant decrease in their credibility and it might not give them to work with respect to their basic principles. Consequently, the UN and Security Council may not have a powerful admissibility in international area.

Importance of the Security Council:

The Security Council has taken numerous decisions in the light of the UN Charter these solutions could be a significant example for its continuity. It could be seen from the formation of the Yugoslav and Rwandan justices and resolute attitude through the Iraq-Kuwait tension. Actually the Security Council’s efficiency has peaked with the Kuwait crisis of 1990-1991, when ‘authority and effectiveness’ concurred and ‘international law and international power’ guaranteed that obvious attack was circumvented. [24] Censure of attack joined with a resolve of the unlawfulness of the Iraqi position and alleged invasion of Kuwait was achieved via sanction of a rising range of economic and other sanctions which does not include any power, it has finished the hegemony of using force. [25] The rising usage of the Security Council arises from the fruitful consequence of this attempt. [26] Besides, the power and way of the international commitment has been demonstrated by a consecutive of the Security Council decisions and in the process of time the Kuwait tension also displayed extensive usage of ‘sanctions’ by the Security Council. [27] Sanctions which do not involve any power of force such as economic and others were carried out also on the Federal Republic of Yugoslavia (Serbia and Montenegro), Somalia, Libya, Liberia and Haiti. [28] Consequently the Security Council might have increased its credibility and admissibility in international area because when there is not any force it could make easier to protect international peace and security. Following that, states are likely to improve more diplomatic relations and encourage them to solve their problems on an objective and mutual table. It could work cheaper and easier than using of force. Because when force is in question there is possible to have human rights violations and it could threat to international peace and security.

While there is an increase on both ‘quantitative and qualitative levels’ of the Security Council, it is likely to make able to the Security Council act in the situation of its ‘binding authority’ and it may have occurred that there is a relation between development of the United Nations ‘constitutional’ method and international law. [29] After starting deal with cases by using international instrument such as economic sanctions it might direct the Security Council to take into account international law. Furthermore, when it has recognized by states the Security Council may have more admissibility.

In addition, it should be common rule of law that international lawful people are citizen to the all variety of international lawful directive like they occurred except the range that these particularly and clearly adjusted in special methods. [30] In practicing the Security Council’s ‘peaceful settlement function’, the Council is restricted by the decrees of the Charter and ‘the rules of general international law’. [31] 

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