United Nations Security Council in the context of Joint Comprehensive Plan of Action


United Nations Security Council in the context of Joint Comprehensive Plan of Action

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⭐ Core Definition: United Nations Security Council

The United Nations Security Council (UNSC) is one of the six principal organs of the UN system and is the primary organ charged with ensuring international peace and security. Its powers as outlined in the UN Charter include authorizing military action, establishing peacekeeping operations, recommending the admission of new members to the UN General Assembly, approving any changes to the Charter, and enacting international sanctions. Chapter VII of the UN Charter gives the Security Council the power to identify threats to international peace and security and to authorize responses, including the use of force. Security Council resolutions adopted under Chapter VII are binding on UN members and are therefore a source of international law. The Security Council is the only UN body with the authority to issue resolutions that are binding on its member states.

Like the United Nations as a whole, the Security Council was created after World War II in 1945 in the hope of preventing future wars and maintaining world peace, as the League of Nations had been formed following World War I. It held its first session on 17 January 1946 but was largely paralyzed in the following decades by the Cold War between the United States and the Soviet Union (and their allies). Nevertheless, it authorized military interventions in the Korean War, the Congo Crisis, and peacekeeping missions in Cyprus, West New Guinea, and the Sinai Peninsula. With the collapse of the Soviet Union, UN peacekeeping efforts increased dramatically in scale, with the Security Council authorizing major military and peacekeeping missions in Kuwait, Namibia, Cambodia, Bosnia and Herzegovina, Rwanda, Somalia, Sudan, and the Democratic Republic of the Congo.

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United Nations Security Council in the context of Sovereignty

Sovereignty can generally be defined as supreme, independent control and lawmaking authority over a territory. It finds expression in the power to rule and make law. Sovereignty entails hierarchy within a state as well as external autonomy for states. In any state, sovereignty is assigned to the person, body or institution that has the ultimate authority over other people and to change existing laws. In political theory, sovereignty is a substantive term designating supreme legitimate authority over some polity. Under international law, sovereign states are all considered equal, and no state can interfere with the internal affairs of another sovereign state. While Article 2(7) of the UN Charter explicitly recognizes the sovereignty of states, and in general there is a principle of non-interference in the domestic affairs of sovereign states, the UN Security Council’s Chapter VII powers clearly contemplate the use of force against a state when necessary to restore peace. Further, the recent Responsibility to Protect (R2P) authorizes the United Nations to take action to “avert a humanitarian catastrophe” within a state when that state’s government cannot or will not act.

A state is generally considered to have sovereignty over a territory when it has consistently exercised state authority there without objection from other states. De jure sovereignty refers to the legal right to do so; de facto sovereignty refers to the factual ability to do so. This can become an issue of special concern upon the failure of the usual expectation that de jure and de facto sovereignty exist at the place and time of concern, and reside within the same organization.

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United Nations Security Council in the context of United Nations

The United Nations (UN) is a global intergovernmental organization established by the signing of the UN Charter on 26 June 1945 with the articulated mission of maintaining international peace and security, to develop friendly relations among states, to promote international cooperation, and to serve as a centre for harmonizing the actions of states in achieving those goals.

The United Nations headquarters is located in New York City, with several other offices located in Geneva, Nairobi, Vienna, and The Hague. The UN comprises six principal organizations: the General Assembly, the Security Council, the Economic and Social Council, the International Court of Justice, the Secretariat, and the Trusteeship Council which, together with several specialized agencies and related agencies, make up the United Nations System. There are in total 193 member states and 2 observer states.

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United Nations Security Council in the context of Member states of the United Nations

The United Nations comprise 193 sovereign states and the world's largest intergovernmental organization. All members have equal representation in the United Nations General Assembly.

The Charter of the United Nations defines the rules for admission of member states. Membership is open to all states which accept certain terms of the charter and are able to carry them out. New members must be recommended by the United Nations Security Council. In addition to the member states, the UN also invites non-member states to be observer states at the UN General Assembly. A member state that has persistently violated the principles of the United Nations Charter can be expelled from the United Nations.

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United Nations Security Council in the context of United Nations General Assembly

United Nations General Assembly (UNGA or GA) is one of the six principal organs of the United Nations (UN), serving as its main deliberative, policymaking, and representative organ. Currently in its 80th session, its powers, composition, functions, and procedures are set out in Chapter IV of the United Nations Charter.

The UNGA is responsible for the UN budget, appointing the non-permanent members to the Security Council, appointing the secretary-general of the United Nations, receiving reports from other parts of the UN System, and making recommendations through resolutions. It also establishes numerous subsidiary organs to advance or assist in its broad mandate. The UNGA is the only UN organ where all member states have equal representation.

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United Nations Security Council in the context of Charter of the United Nations

The Charter of the United Nations, also referred to as the UN Charter, is the foundational treaty of the United Nations. It establishes the purposes, governing structure, and overall framework of the United Nations System, including its principal organs: the Secretariat, General Assembly, Security Council, Economic and Social Council, International Court of Justice, and Trusteeship Council. The UN Charter is an important part of public international law, and is the foundation for much of international law governing the use of force, pacific settlement of disputes, arms control, and other important functions of the maintenance of international peace and security.

The UN Charter mandates the United Nations and its member states to maintain international peace and security, uphold international law, achieve "higher standards of living" for their citizens, address "economic, social, health, and related problems", and promote "universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion". As a charter and constituent treaty, its rules and obligations are binding on all members and supersede those of other treaties.

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United Nations Security Council in the context of Use of force in international law

The use of force by states and inter-governmental organizations in international law is controlled by both customary international law and by treaty law. As a legal matter, the use of force may be justified only in self-defense or when authorized by the United Nations Security Council. The UN Charter reads in article 2(4):

This principle is now considered to be a part of customary international law, and has the effect of banning the use of armed force except for two situations authorized by the UN Charter. Firstly, the Security Council, under powers granted in articles 24 and 25, and Chapter VII of the Charter, may authorize collective action to maintain or enforce international peace and security. Secondly, Article 51 also states that: "Nothing in the present Charter shall impair the inherent right of individual or collective self-defence if an armed attack occurs against a member of the United Nations." There are also more controversial claims by some states of a right of humanitarian intervention, reprisals and the protection of nationals abroad. Concomitant with Article 51’s right to self-defense it Article 2(4)’s prohibition against “the threat or use of force against the territorial integrity or political independence of any state."

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United Nations Security Council in the context of International peace

World peace is the concept of an ideal state of peace within and among all people and nations on Earth. Different cultures, religions, philosophies, and organizations have varying concepts on how such a state would come about.

Various religious and secular organizations have the stated aim of achieving world peace through addressing human rights, technology, education, engineering, medicine, or diplomacy used as an end to all forms of fighting. Since 1945, the United Nations and the five permanent members of its Security Council (China, France, Russia, the United Kingdom, and the United States) have operated under the aim to resolve conflicts without war. Nonetheless, nations have entered numerous military conflicts since then.

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United Nations Security Council in the context of United Nations headquarters

The headquarters of the United Nations (UN) is on 17 to 18 acres (6.9 to 7.3 ha) of grounds in the Turtle Bay neighborhood of Midtown Manhattan in New York City. It borders First Avenue to the west, 42nd Street to the south, 48th Street to the north, and the East River to the east. Completed in 1952, the complex consists of several structures, including the Secretariat, Conference, and General Assembly buildings, and the Dag Hammarskjöld Library. The complex was designed by a board of architects led by Wallace Harrison and built by the architectural firm Harrison & Abramovitz, with final projects developed by Oscar Niemeyer and Le Corbusier. The term Turtle Bay is occasionally used as a metonym for the UN headquarters or for the United Nations as a whole.

The headquarters holds the seats of the principal organs of the UN, including the General Assembly and the Security Council, but excluding the International Court of Justice, which is seated in The Hague. The United Nations has three additional subsidiary regional headquarters or headquarters districts. These were opened in Geneva (Switzerland) in 1946, Vienna (Austria) in 1980, and Nairobi (Kenya) in 1996. These adjunct offices help represent UN interests, facilitate diplomatic activities, and enjoy certain extraterritorial privileges, but do not contain the seats of major organs.

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United Nations Security Council in the context of United Nations System

The United Nations System consists of the United Nations' six principal bodies (the General Assembly, Security Council, Economic and Social Council (ECOSOC), Trusteeship Council, International Court of Justice (ICJ), and the United Nations Secretariat), the specialized agencies and related organizations. The UN System includes subsidiary bodies such as the separately administered funds and programmes, research and training institutes, and other subsidiary entities. Some of these organizations predate the founding of the United Nations in 1945 and were inherited after the dissolution of the League of Nations.

The executive heads of some of the United Nations System organizations, and the World Trade Organization, which is not formally part of the United Nations System, have seats on the United Nations System Chief Executives' Board for Coordination (CEB). This body, chaired by the secretary-general of the United Nations, meets twice a year to co-ordinate the work of the organizations of the United Nations System.

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United Nations Security Council in the context of Republic of China (1912–1949)

The Republic of China (ROC) was established on 1 January 1912 as a sovereign state in mainland China following the 1911 Revolution, which overthrew the Manchu-led Qing dynasty and ended China's imperial history. From 1927, the Kuomintang (KMT) reunified the country and initially ruled it as a one-party state with Nanjing as the national capital. In 1949, the KMT-led government was defeated in the Chinese Civil War and lost control of the mainland to the Chinese Communist Party (CCP). The CCP established the People's Republic of China (PRC) while the ROC was forced to retreat to Taiwan; the ROC retains control over the Taiwan Area, and its political status remains disputed. The ROC is recorded as a founding member of both the League of Nations and the United Nations, and previously held a permanent seat on the United Nations Security Council until 1971, when the PRC took the seat of China from the ROC in the United Nations General Assembly Resolution 2758. It was also a member of the Universal Postal Union and the International Olympic Committee. The ROC claimed 11.4 million km (4.4 million sq mi) of territory, and its population of 541 million in 1949 made it the most populous country in the world.

The Republic of China was officially proclaimed on 1 January 1912 by revolutionaries under Sun Yat-sen, the ROC's founder and provisional president of the new republic, following the success of the 1911 Revolution. Puyi, the final Qing emperor, abdicated on 12 February 1912. Sun served briefly before handing the presidency to Yuan Shikai, the leader of the Beiyang Army. Yuan's Beiyang government quickly became authoritarian and exerted military power over the administration; in 1915, Yuan attempted to replace the Republic with his own imperial dynasty until popular unrest forced him to back down. When Yuan died in 1916, the country fragmented between local commanders of the Beiyang Army, beginning the Warlord Era defined by decentralized conflicts between rival cliques. At times, the most powerful of these cliques used their control of Beijing to assert claims to govern the entire Republic.

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United Nations Security Council in the context of List of modern great powers

A great power is a nation, state or empire that, through its economic, political and military strength, is able to exert power and influence not only over its own region of the world, but beyond to others. A great power typically possesses military, economic, and diplomatic strength that it can wield to influence the actions of middle or small powers.

In a modern context, recognized great powers first arose in Europe during the post-Napoleonic era. The formalization of the division between small powers and great powers came about with the signing of the Treaty of Chaumont in 1814.

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United Nations Security Council in the context of Global Power

A great power is a sovereign state that is recognized as having the ability and expertise to exert its influence on a global scale. Great powers characteristically possess military and economic strength, as well as diplomatic and soft power influence, which may cause middle or small powers to consider the great powers' opinions before taking actions of their own. International relations theorists have posited that great power status can be characterized into power capabilities, spatial aspects, and status dimensions.

While some nations are widely considered to be great powers, there is considerable debate on the exact criteria for great power status. Historically, great powers have been formally recognized as members of organizations such as the Congress of Vienna of 1814–1815 or the United Nations Security Council, of which the permanent members are China, France, Russia, the United Kingdom, and the United States. The United Nations Security Council, NATO Quint, the G7, BRICS, and the Contact Group have all been described as great power concerts.

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United Nations Security Council in the context of 2006 Montenegrin independence referendum

An independence referendum was held in Montenegro on 21 May 2006. It was approved by 55.5% of voters, narrowly passing the 55% threshold. By 23 May, preliminary referendum results were recognized by all five permanent members of the United Nations Security Council, suggesting widespread international recognition if Montenegro were to become formally independent. On 31 May the referendum commission officially confirmed the results of the referendum, verifying that 55.5% of valid votes were in favor of independence. Because voters met the controversial threshold requirement of 55% approval, the referendum was incorporated into a declaration of independence during a special parliamentary session on 31 May. The Assembly of the Republic of Montenegro made a formal Declaration of Independence on Saturday, 3 June.

In response to the announcement, the government of Serbia declared itself the legal and political successor of Serbia and Montenegro, and that the government and parliament of Serbia itself would soon adopt a new constitution. The United States, China, Russia, and the institutions of the European Union all expressed their intentions to respect the referendum's results.

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United Nations Security Council in the context of Political status of Kosovo

The political status of Kosovo, also known as the Kosovo question, is the subject of a long-running political and territorial dispute between the Serbian (and previously, Yugoslav) government and the Government of Kosovo, stemming from the breakup of Yugoslavia (1991–92) and the ensuing Kosovo War (1998–99). In 1999, the administration of the Autonomous Province of Kosovo and Metohija was handed on an interim basis to the United Nations under the terms of UNSCR 1244, which ended the Kosovo conflict of that year. That resolution reaffirmed Serbia's territorial integrity over Kosovo but required the UN administration to promote the establishment of 'substantial autonomy and self-government' for Kosovo, pending a 'final settlement' for negotiation between the parties.

The UN-sponsored talks began in February 2006, and though no agreement was reached between the parties, a proposal from UN Special Envoy Martti Ahtisaari was presented in May 2007, which recommended 'supervised independence' for the province. After several weeks of discussions at the United Nations General Assembly in New York, the representatives of the United States, the United Kingdom, and other European members of the United Nations Security Council formally 'discarded' a draft resolution backing the Ahtisaari Plan on 20 July 2007, as they had failed to secure Russian backing.

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