United Nation Security Council on International Disputes

United Nation Security Council on International Disputes

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Role of the U.N. Security Council in settlement of International Disputes

The United Nations Security Council, as a crisis management principal body, they have power for the imposed binding obligations of all the member states of the United Nations on the issues of maintaining peace and security to all 193 members.^[1]. The council has five members who are permanent and ten of the elected members. They meet regularly to assess international security threats and address terrorism issues, civil war issues, arms control issues, and natural disasters issues.

As chapter six of the united nations charter, the united nations security council has the responsibility to help maintain peace internationally and provide security when there is a need for all of the member states.^[2]. Article 33 of the charter should provide security on the disputed nature and the dispute to be settled by any means possible. In the charter, article 36 says that the Security Council can produce and recommend appropriate procedures to the parties or use any possible methods for dispute settlement in any dispute.

Article 37 and 38 of the United Nations Charter, the Security Council, on the terms recommendation to parties settlement, have the power to do that. If the parties request the terms, the council will determine the nature of the dispute and understand the consequences. They make international security and peace not to be endangered by the council’s work in the article. The Security Council, Article 29 of the United Nations charter, the commission is to establish and build subsidiary organs. Those organs will help with the settlement of disputes to promote peace and enough security. The Security Council has power on subsidiary organ establishment to help with the mediation process and procedures.^[3].

Organizations such as sub-regional and regional on the dispute settlement in peaceful measures and ways play essential roles to ensure peace. The Security Council charter of article 52, the council on local disputes, encouraged that peace is settled by regional organizations and later the disputes to them after they have been settled.

Security Council tools for Conflict management tools

The United Nations Security Council aims to resolve the existing international disputes peacefully and in ways, as stated in the United States chapter VI of the charter. The Security Council encourages parties to use arbitration, negotiation, and all other means that are peaceful to seek solutions for the disputes. When the use of peaceful means fails, chapter VII of the charter allows the Security Council to use some extra force, and they will take more actions that are assertive.^[4]. Those actions are; authorization of the use of force or impositions of sanctions to maintain international security and restore international peace.

The main work of the conflict management organ in the United Nations is to act as a peacekeeping channel because, to restore peace, someone must see the type and nature of dispute face to face. For example, the Security Council had thirteen operations that they were overseeing across the world, three continents involving uniformed personnel, and they were one hundred thousand on the rough accounts.

Soviet rivalry, constrained by the united states of America, the united nations security council had the upper hand on Cold War issues. They acted on the subject and the problem infrequently for many decades, four and a half, between the soviet rivalry founding and the closing of the cold war. The Security Council authorized operations which were seventeen for peacekeeping during that time. In 2014, there was intervention by Russia in Ukraine; at that time, there were tensions between France and Russia, the United States, the United Kingdom, and concerns that the Security Council body still cannot control crises.^[5].

In July 2015, for example, there was a vetoed resolution by the Russian government officials appointed, which could have led to the prosecution of the international tribunal of separatists of pro-Russia who are in the eastern parts of Ukraine. They are suspected of shooting down the passenger jet from the Malaysian plane using the missile from Russia, making conflict management challenging to maintain in Syria. Due to the cooperation of China and Russia during the times of war, the powers vetoed by Russia are sometimes being used to prevent resolutions which were aimed to be used in the regime of Assad holding, from the United Nations documented of atrocities accountable sources.^[6]. China and Russia, in 2019, joined the resolution of veto forces that are being used to restore Venezuela’s democracy.

The United Nations Security Council has had powers to authorize peacekeeping in different places of the world. Those years before the end of the cold war, the authorized operations for peacekeeping were almost more than fifty-four, which were responding to the states failing on the civil wars or the complex humanitarian emergencies.^[7]. The organization was deploying to the conflict-affected zones without informing parties and without their consent with cease-fire absence. The United Nations Security Council has managed to combine all the military operations by using mandates that are muscular, using less restrictive rules on engagement, allowing refugee protection and civil protection. The operations can include some tasks from the civilians for electoral assistance, policing and they can also help with legal administration. The developing nations always provide lion share in the United Nations security council of personnel.^[8].

Furthermore, there is importance on conflict resolution and peacekeeping issues, and the regional organizations increasingly play a role. The council is prodding to cases on actions, and some only are acting on their self-subcontractors to restore peace. For example, there was the use of force in Libya, which was authorized by the council in 2011. And there was a no-fly zone call after the Arab League, which the organization of NATO executed. There was an increase by the United Nations to partner with the African Union to increase the capacity of experts to help with missions’ activities in the Sudan region of Darfur and Somalia.^[9].

Security Council role in authorizing forces

In the United Nations charter, all the members are only authorized to use military force for self-defense after the Security Council has approved the authorization.^[10]. However, some and different countries will still use the military with the consents of the council authorities, and it will be outside the context. For example, the Kosovo air war, which NATO controlled for seventy-eight days, is the most argued humanitarian legitimacy intervention because it lacks the authorization of the united nations security council. Forces undertook a bombing campaign from NATO after the Russian consent blocking in the committee, which helped Kosovo from the cleansing of Albanians in the rump Yugoslavia by the Serbs. There was deemed intervention by the commission of scholarly for legitimate but legal measures.

There was emerging of the phrase to protect responsibility as early as in the 2000s, which appeared to be more justifying the use of military force without the authorization from the responsible United Nations body of the Security Council. They still qualify to the non-interference principle in the affairs of the sovereign.^[11]. There was the adoption of the doctrine by the United Nations in 2005 by the general assembly. It stipulated that the member states are responsible for protecting their populations against any crime against humanity. The appropriate means for peacekeeping by the international communities was to have responsibilities to use peaceful means to protect the threatened people. If the action has failed manifestly in some states for responsibilities upholding, coercive measures be taken collectively^[12].

The international security concept is a standard security interest implication and transcending sovereign interests of states in particular. The common interests’ recognition helps with carrying out measures for replacing national security, and it provides people with a framework to have a communal security council. The primary task of the United Nations has been security.^[13] The United Nations chapter VI of the charter is mainly on the peaceful measures of the dispute settlement. It is the heart of the system of organization for security using a collective body. Those who framed the charter clearly understand the mechanism for peaceful enforcement principles and how to use any force for any threats and face international peace threatening the global security and the nation’s stability. The United Nations Security Council is to make sure there is peace and no conflicts that can be considered arm conflict.^[14].

The United Nations’ primary purpose is to maintain international peace; they are responsible for eliminating threats that affect stability. They are to adjust to the disputes and settlement of debates on the things that always lead to hazards. The United Nations member states enjoy the security benefits from the council only when their state of peace is threatened, and it promotes conflict resolution in different countries.^[15].

The United Nations uses preventive diplomacy because it is important to use early warnings to prevent conflict component, and there is close monitoring of the world developments for international peace.^[16]. Threat detections by the United Nations Security Council and the United Nations secretary-general to carry out and determine preventive actions. Secretary-General special representatives and special envoy are the agents that engage in preventive diplomacy and mediation in all corners of the world. However, if there are more severe trouble spots, an envoy who is more skilled is deployed, and they have to be cooperative with organizations at regional levels.

In the regions that are always considered conflict-prone areas with those tiny arms, preventive diplomacy complementation can be done as preventive disarmament. Examples of nations with conflict-prone regions are Liberia, Timor-Leste, and other countries with the habit of combat forces demobilization that are entailed, destroying weapons after their collection as part of the agreement for overall peace. There is a saying that goes that yesterday’s weapon destruction can lead to the use of tomorrow’s war preventions. Today’s conflicts are rooted deeply, but they are less; they are intensively increasing. There are armed groups that are determined and have access to techniques and armaments that are sophisticated.

World Trade Organization as Rule of Law on Trade Rules

The world trade organization (WTO) is the world United Nations body that deals with trade rules globally between the world nations. It has the mandate to ensure a smooth flow of free trade and can be easily predicted. The roles of WTO are: they act in trade agreements, forum for negotiations, trade rules operation of the global system, supporting the developing countries with all the needs they require on trade issues, and they settle member states’ dispute on the trade issue problems.^[17]. Member governments make all the trade decisions of world trade organizations elected member officials, delegates, ministers, or ambassadors. The world trade organization meetings always take place at headquarter in Geneva, Switzerland.

The United Nations world trade organization can also help with the administration of dispute resolution that is independent by resolving trade-related disputes. The agreements should be by the arrangements of trade and participant adherence.^[18]. WTO always does not allow any discrimination by the trading partners during the period of trading. The organization provides exceptions for protecting the environment, the security of different countries, and the world’s essential goals.^[19].

The world trade organization, ministerial conference as the decision at the top composing all member states and the meetings are always convened biannually, the emphasis of all decisions is consensus. The general council handles the daily functions of the organization, which consist of all members’ representatives. Technical services, professionals, and administration come from 600 personnel of the secretariat, controlled by the director-general and four deputies. The WTO has promoted the reduction of barriers of trade and boosting trade.^[20].

The rule of law

The world trade organization on the issues of the rule of law, according to F. A. Hayek is the economist Nobel Prize winner on economic development. He helps to explain that individuals can still make decisions that are wise on the investment development issues and the future investment plans that could lead to investments on profitable returns and achievements. Under the United Nations world trade organization, the rule of law helps member states with the ideas of trade rules and can practice their trading practices without undermining the organization’s policies.^[21].

WTO Panels decisions and decisions of the Appellate Body^[22]

The Appellate Body was received and formed after adopting a panel report by the dispute settlement body; the information had recommendations and conclusions that made the information the party’s binding body on the dispute issues. World trade organization on the understanding of disputes, the dispute settlement understanding organ helps people with solutions when they cannot agree on a solution. Their primary and first objective is to make sure there is the withdrawal of security measures inconsistent with the agreements of the world trade organization of the dispute settlement understanding in article 3.7^[23].

The panels and the Appellate Body, when the complaint of violation are considered to be successful, they help with conclusions when they are finding that there is incontinency of the dispute according to the agreements of world trade organizations. The findings of the panels are always expressed in the parts of its conclusion.^[24]. The Appellate Body and panels will conclude and recommend that all members who are having or facing consistent dispute issues should bring the measures to the world trade organization for comparison. The dispute settlement understanding article 19.1 of the world trade organization was to deal with conformity. Article 21.1 also helps with the addition of compliance prompts with rulings and also the recommendations of the essentials of the dispute settlement body for effective dispute resolution that is effective.^[25].

In the world trade organization, the dispute of settlement understanding stipulates the suspension and compensation of concessions and measures countermeasures of the disputed issues of trade. According to the rule of disagreement, dispute settlement understanding (DSU) 22.1, 3.7, and 22.1 articles state that compensation is only temporary alternatives that are short while resolving disputes. The only remedy that is permanent on the party losing is bringing the party’s measures into conformity with the relevantly covered agreements as per article 19 of the dispute settlement understanding.^[26]. The direction is not to be given to any party per article 19.1 on the ruling and recommendation phase; they are not supposed to be understood and follow the underlined recommendations.

The steps for decisions making^[27]

1. First step

It is worthy and essential to recall panels and the Appellate Body to apply World Trade Organization rule law as it is contained in the covered agreements. They are not supposed to diminish or add the obligations and rights provided in agreements Articles 19.2 and 3.2 of the dispute settlement DSU of the world trade organization. After the panels and Appellate Body, some measures continue to be virtue of inconsistent with world trade organization law; they don’t declare or reflect legal and independent situations affecting the ruling of dispute settlement. Due to the legally binding obligations on the constituted covered agreements, all members must comply with all the measures. The provision law is always contained in the responsibility for the refraining of any action that is inconsistent. The report, which the panel or the Appellate Body adopted, talks more about the losing party and the obligation is constituted until the end of the inconsistency of the world trade organization. The inconsistency measures of the primary responsibility of the world trade organization should not be maintained in the first place.^[28].

2. The second step

DSU- the dispute settlement understanding, there is a clear statement on the members where a member is not supposed to measure, which is inconsistent with the world trade organization rules for conformity with the agreements of the world trade organization on the consequences of risks. The member is to face the countermeasures retaliatory or provide the agreement compensations for the complaint.

3. The third step

The dispute settlement understanding-DSU states that members have no obligation to withdraw from the measure of the consistency of the world trade organization for the successful complaint non-violation of the dispute settlement understanding of article 26.1(b). It suggests that on obligations like this, the complaint successful of violation of events^[29].

For the three steps, for the rule of law according to the world trade organization rules and functions on trade and economic activities, the containment of the adopted measures are recommendations for the panel and Appellate Body report. It helps with the conclusion that the violation of world trade organization measures and rules for the respondent should bring conformity with the world trade organization agreements depending on the respondent’s binding decision.^[30]. The situation is always different for the complaints which are non-violators. The adopted report of appellate body and panel is binding depending on the regard with the panel’s conclusion, and appellate body whether to benefit or not to help the rising complainant under the agreement that is covered is being impaired or nullified. Furthermore, the dispute settlement understanding-DSU of the world trade organization as a body can state there is no obligation for members to withdraw from the organization due to measure consistency, resulting in member impairment and nullification. The appellate body and the panel can recommend only the mutual parties’ adjustment satisfactory as per article 26.1 of the DSU, dispute settlement understanding.^[31].

The adopted panel and the appellate body report can also act as binding to the activities and measures of the complainant. The statement is relevant mainly when the complainant always does not understand the claims, especially non-violation or violation impairment and nullification. According to article 23.2(a) of the world trade organization DSU- dispute settlement understanding, there is the prohibition of determining unilaterally by the complaints, which is an agreement violation of the world trade organization rules. The impairment and nullification of the observed benefits always occur because of inconsistent information containing the findings in the appellate body or the panel that had been reported by the dispute settlement body (DSB)^[32].

Obligations of the event

The qualification the panel and the appellate body reports can apply only when their violation complaint has succeeded on the measures related to the taken measures from local or regional governments or authorities within the member territory.^[33]. Those measures can attribute to member questioning, which leads to disputing objects. Actions have differences between them, and the steps are always taken by the existing authorities, which are members of the central government. The problem is that the central government members are representative members of the world trade organization who do not have the power to withdraw from the world trade organization.^[34]. Contain and include the proceedings of settlement disputes. As an example of the member domestic law, the constitution can limit the powers of the central government over the forces of local or regional levels of governments. It can lead to federal states, for instance, where there is no entitlement for the central government to interfere with the administrative and legislative acts of the local and regional governments.

For instance, the implementation of the obligations of the responsible member is only limited because of the reasonable measures, which are only available to the organization, which helps with the world trade organization law of observance according to article 22.9 of the dispute settlement understanding (DSU). There are limited and specific exceptions to the existing principle that help with the subjection of international law. The responsibilities are to act on the organs of power and their branches within the current government systems, including the subdivisions and the regional levels of government.^[35]

The world trade organization consistently enforces rules which they are responsible for with the trade panels and through the legal experts for setting up disputes arbitration under the laws of the dispute settlement body of the world trade organization. The resolution process can take 15 months as approximated, making many disputes to be handled on some other means, such as consultations that are less formal and harm the issues. Some talk takes many years without an appropriate outcome.^[36].

References

Andersen, H., 2017. Book Review: Kent Jones, Reconstructing the World Trade Organization for the 21st Century–An Institutional Approach. International Trade Law and Regulation.

Adefisoye, T.O. and Adefisoye, I.D., 2019. Nigeria and the implementation of the United Nations Security Council Resolution 1325 on women, peace and security. Journal of Public Administration and Development Alternatives (JPADA), 4(1), pp.16-29.

Bode, I., 2018. Reflective practices at the Security Council: Children and armed conflict and the three United Nations. European Journal of International Relations, 24(2), pp.293-318.

Dauda, M. and Ameen, L., 2017. Nigeria’s Quest for a United Nations Security Council Permanent Seat: Prospects and Constraints. Asian Journal of Research in Social Sciences and Humanities, 7(2), pp.826-841.

Dessemontet, F., 2017. Dispute Resolution Proceedings in World Trade Organization and International Commercial Arbitration: A Comparison. Indian J. Arb. L., 6, p.174.

Fox, G.H., Boon, K.E. and Jenkins, I., 2017. The Contributions of United Nations Security Council Resolutions to the Law of Non-International Armed Conflict: New Evidence of Customary International Law. Am. U.L. Rev., 67, p.649.

Gadbaw, R.M., 2017. III. 86 The Role of the World Trade Organization in Monetary Affairs. In Elgar Encyclopedia of International Economic Law (pp. 554-556). Edward Elgar Publishing.

Jones, A., 2020. Towards an emotional geography of diplomacy: Insights from the United Nations Security Council. Transactions of the Institute of British Geographers, 45(3), pp.649-663.

Juwaihan, Ma’en. “Settlement of Commercial Disputes in the World Trade Organization (WTO).” JL Pol’y & Globalization 91 (2019): 86.

Krasnyak, O., 2018. National styles in science, diplomacy, and science diplomacy: a case study of the United Nations Security Council P5 countries. Brill Research Perspectives in Diplomacy and Foreign Policy, 3(1), pp.1-100.

Marceau, Gabrielle. “Trade and Environment Governance at the World Trade Organization Committee on Trade and Environment.” (2020): 1055-1058.

Murphy, A., 2019. The United Nations Security Council and Climate Change: Mapping a Pragmatic Pathway to Intervention. CCLR, p.50.

Payosova, T., Hufbauer, G.C. and Schott, J.J., 2018. The dispute settlement crisis in the World Trade Organization: causes and cures (No. PB18-5).

Ralph, J. and Gifkins, J., 2017. The purpose of United Nations Security Council practice: Contesting competence claims in the normative context created by the Responsibility to Protect. European Journal of International Relations, 23(3), pp.630-653.

Singh, S., 2017. Re-thinking the ‘normative’in United Nations security council resolution 1325: Perspectives from Sri Lanka. Journal of Asian Security and International Affairs, 4(2), pp.219-238.

[1] Singh, S., 2017. Re-thinking the ‘normative’ in United Nations Security Council resolution 1325: Perspectives from Sri Lanka. Journal of Asian Security and International Affairs, 4(2), pp.219-238.

[2] Ralph, J. and Gifkins, J., 2017. The purpose of United Nations Security Council practice: Contesting competence claims in the normative context created by the Responsibility to Protect. European Journal of International Relations, 23(3), pp.630-653.

[3] Murphy, A., 2019. The United Nations Security Council and Climate Change: Mapping a Pragmatic Pathway to Intervention. CCLR, p.50.

[4] Krasnyak, O., 2018. National styles in science, diplomacy, and science diplomacy: a case study of the United Nations Security Council P5 countries. Brill Research Perspectives in Diplomacy and Foreign Policy, 3(1), pp.1-100.

[5] Jones, A., 2020. Towards emotional geography of diplomacy: Insights from the United Nations Security Council. Transactions of the Institute of British Geographers, 45(3), pp.649-663.

[6] Bode, I., 2018. Reflective practices at the Security Council: Children and armed conflict and the three United Nations. European Journal of International Relations, 24(2), pp.293-318.

[7] Adefisoye, T.O. and Adefisoye, I.D., 2019. Nigeria and the implementation of the United Nations Security Council Resolution 1325 on women, peace, and security. Journal of Public Administration and Development Alternatives (JPADA), 4(1), pp.16-29.

[8] Fox, G.H., Boon, K.E. and Jenkins, I., 2017. The Contributions of United Nations Security Council Resolutions to the Law of Non-International Armed Conflict: New Evidence of Customary International Law. Am. U.L. Rev., 67, p.649.

[9] Adefisoye, T.O. and Adefisoye, I.D., 2019. Nigeria and the implementation of the United Nations Security Council Resolution 1325 on women, peace, and security. Journal of Public Administration and Development Alternatives (JPADA), 4(1), pp.16-29.

[10]Bode, I., 2018. Reflective practices at the Security Council: Children and armed conflict and the three United Nations. European Journal of International Relations, 24(2), pp.293-318.

[11] Dauda, M. and Ameen, L., 2017. Nigeria’s Quest for a United Nations Security Council Permanent Seat: Prospects and Constraints. Asian Journal of Research in Social Sciences and Humanities, 7(2), pp.826-841.

[12] Fox, G.H., Boon, K.E. and Jenkins, I., 2017. The Contributions of United Nations Security Council Resolutions to the Law of Non-International Armed Conflict: New Evidence of Customary International Law. Am. U.L. Rev., 67, p.649.

[13] Dauda, M. and Ameen, L., 2017. Nigeria’s Quest for a United Nations Security Council Permanent Seat: Prospects and Constraints. Asian Journal of Research in Social Sciences and Humanities, 7(2), pp.826-841.

[14] Adefisoye, T.O. and Adefisoye, I.D., 2019. Nigeria and the implementation of the United Nations Security Council Resolution 1325 on women, peace, and security. Journal of Public Administration and Development Alternatives (JPADA), 4(1), pp.16-29.

[15] Murphy, A., 2019. The United Nations Security Council and Climate Change: Mapping a Pragmatic Pathway to Intervention. CCLR, p.50.

[16] Fox, G.H., Boon, K.E. and Jenkins, I., 2017. The Contributions of United Nations Security Council Resolutions to the Law of Non-International Armed Conflict: New Evidence of Customary International Law. Am. U.L. Rev., 67, p.649.

[17] Jonathan, Ma’en. “Settlement of Commercial Disputes in the World Trade Organization (WTO).” JL Pol’y & Globalization 91 (2019): 86.

[18] Payosova, T., Hufbauer, G.C. and Schott, J.J., 2018. The dispute settlement crisis in the World Trade Organization: causes and cures (No. PB18-5).

[19] Payosova, T., Hufbauer, G.C. and Schott, J.J., 2018. The dispute settlement crisis in the World Trade Organization: causes and cures (No. PB18-5).

[20] Dessemontet, F., 2017. Dispute Resolution Proceedings in World Trade Organization and International Commercial Arbitration: A Comparison. Indian J. Arb. L., 6, p.174.

[21] Dessemontet, F., 2017. Dispute Resolution Proceedings in World Trade Organization and International Commercial Arbitration: A Comparison. Indian J. Arb. L., 6, p.174.

[22]  Gadbaw, R.M., 2017. III. 86 The Role of the World Trade Organization in Monetary Affairs. In Elgar Encyclopedia of International Economic Law (pp. 554-556). Edward Elgar Publishing.

[23] Andersen, H., 2017. Book Review: Kent Jones, Reconstructing the World Trade Organization for the 21st Century–An Institutional Approach. International Trade Law and Regulation.

[24]Juwaihan, Ma’en. “Settlement of Commercial Disputes in the World Trade Organization (WTO).” JL Pol’y & Globalization 91 (2019): 86.

[25] Andersen, H., 2017. Book Review: Kent Jones, Reconstructing the World Trade Organization for the 21st Century–An Institutional Approach. International Trade Law and Regulation.

[26] Juwaihan, Ma’en. “Settlement of Commercial Disputes in the World Trade Organization (WTO).” JL Pol’y & Globalization 91 (2019): 86.

[27] Andersen, H., 2017. Book Review: Kent Jones, Reconstructing the World Trade Organization for the 21st Century–An Institutional Approach. International Trade Law and Regulation.

[28] Payosova, T., Hufbauer, G.C. and Schott, J.J., 2018. The dispute settlement crisis in the World Trade Organization: causes and cures (No. PB18-5).

[29] Gadbaw, R.M., 2017. III. 86 The Role of the World Trade Organization in Monetary Affairs. In Elgar Encyclopedia of International Economic Law (pp. 554-556). Edward Elgar Publishing.

[30]Juwaihan, Ma’en. “Settlement of Commercial Disputes in the World Trade Organization (WTO).” JL Pol’y & Globalization 91 (2019): 86.

[31] Juwaihan, Ma’en. “Settlement of Commercial Disputes in the World Trade Organization (WTO).” JL Pol’y & Globalization 91 (2019): 86.

[32] Marceau, Gabrielle. “Trade and Environment Governance at the World Trade Organization Committee on Trade and Environment.” (2020): 1055-1058.

[33] Dessemontet, F., 2017. Dispute Resolution Proceedings in World Trade Organization and International Commercial Arbitration: A Comparison. Indian J. Arb. L., 6, p.174.

[34]Dessemontet, F., 2017. Dispute Resolution Proceedings in World Trade Organization and International Commercial Arbitration: A Comparison. Indian J. Arb. L., 6, p.174.

[35] Andersen, H., 2017. Book Review: Kent Jones, Reconstructing the World Trade Organization for the 21st Century–An Institutional Approach. International Trade Law and Regulation.

[36]  Gadbaw, R.M., 2017. III. 86 The Role of the World Trade Organization in Monetary Affairs. In Elgar Encyclopedia of International Economic Law (pp. 554-556). Edward Elgar Publishing.