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27 Supremo Amicus [364] (2021)
Consequences of Veto Powers in UNSC: Need for Reforms

handle is hein.journals/supami27 and id is 364 raw text is: SUPREMO AMICUS VOLUME 27 1 DECEMBER, 2021 ISSN 2456-9704 CONSEQUENCES OF V ETO POWERS IN UNSC: NEED FOR REFORMS By Niyanta Trivedi From Kirit. P. Mehta, School of Law, NMIMS (Mumbai) ABSTRACT United Nation is an important international forum to discuss and debate various significant international issues. Security Council forms the backbone of UN as it is considered to be the powerhouse of UN as it is the only organ authorised to make decisions. UNSC is bestowed with the responsibility of ensuring insuring international peace and security. In this paper the author discusses about the constitution of UNSC mainly w.r.t Permanent Members (P5) and the special status granted to them in the form of Veto Power. In this paper the author has analysed the concept of veto in UNSC and the nature of this right in recent times. The paper discusses the aspect of voting pattern adopted by UNSC under Article 27 of the UN Charter. Subsequently the paper provides an insight as to how veto power has led to unequal representation of nations at the UNSC wherein other nations are subjected to the mercy of P5 members in order to resolve their disputes. Further analysis is done as to whether veto acts as abusive right contrary to its responsibility of ensuring international peace and security and safeguard the interest of politically weaker nations. The paper examines the trend of casting of veto since its 1 Michael Teng, United Nations Security Council Reform, Ethics of Development in a Global Environment (EDGE) Seminar, 2013. inception. Additionally the author deliberates as to how this right has led to humanitarian crisis. Lastly the paper argues for reforms in the structure of operation of UNSC. Keywords: United Nations, Security Council, Yalta Formula, Article 27- UN Charter, Veto Power, Permanent Members (P5), International Peace and Security. 1. INTRODUCTION The United Nations (UN) was set-up after the WW-II in order to prevent reoccurrence of world war like situation and ensure international peace and security. It calls for co-operation of nations as international system functions on the basis of consent, good faith and reciprocity. The UN comprises of various organs however the UN Security Council (UNSC) is one of the most important organs of in the UN as it is the centre of power. It is the only organ having the authority to make decisions while the other organs only have the right to make recommendations. UNSC is bestowed with the responsibility to maintain international peace and security for which it is conferred with certain powers to investigate the matters and if required take appropriate action for the same. All decision taken by the UNSC is mandatorily to be complied by the nations owing to the position of this organ in UN.1 All resolutions of the general assembly must be approved by the UNSC. The role of UNSC is such that it decides the agenda of the secretariat which has to be compiled by them, which in turn raises concerns regarding www.supremoamicus.org PIF 6.242

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