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52 Case W. Res. J. Int'l L. 101 (2020)
United Nations Security Council Permanent Membership and the Veto Problem

handle is hein.journals/cwrint52 and id is 111 raw text is: CASE WESTERN RESERVE JOURNAL OF INTERNATIONAL LAW 52 (2020) UNITED NATIONS SECURITY COUNCIL PERMANENT MEMBERSHIP AND THE VETO PROBLEM Michael J. Kelly, TABLE OF CONTENTS TABLE OF CONTENTS. ......................................................101 INTRODUCTION ............................................................. 101 1. REGIONAL RECONFIGURATION OF PERMANENT MEMBERSHIP .......... 105 II. A PROCEDURAL SOLUTION TO THE VETO PROBLEM ................. 111 111. VETO TRANSPARENCY VIA AN EXPLANATORY REQUIREMENT .........114 CONCLUSION ............................................................... 118 INTRODUCTION Congratulations to the Case Western Reserve Journal of International Law on a remarkable symposium regarding collective security structures and atrocity prevention.2 While Ambassador Wenaweser wrestled with practical realities of U.N. Security Council reform and the efforts lead by his delegation to craft and see adopted a new code of conduct for Security Council practice,3 and Professor Trahan discussed legal challenges underway,4 this article considers structural impediments to atrocity prevention that are baked into the U.N. Charter and proposes structural reforms designed to alleviate such. 1. Professor of Law and Senator Allen A. Sekt Endowed Chair in Law at Creighton University. This essay is an update and revision of his prior article, U.N. Security Council Permanent Membership: A New Proposal for a Twenty-First Century Council, 31 SETON HALL L. REV. 320 (2000). Professor Kelly serves on the Board of Directors of L'Association Internationale de Droit P~nal, a Paris-based society of international criminal law scholars and jurists founded in 1924 that enjoys consultative status with the United Nations. Special thanks to Matthew Little for superb research assistance on this paper. 2. Todd Buchwald & Jody Aremband, Foreward: Atrocity Prevention: The role of International Law and Justice, 52 CASE W. RES. J. OF INT'L L. (2020). 3. Christian Wenaweser & Sina Alavi, Innovating to Restrain the Use of Veto in the United Nations Security Council, 52 CASE W. RES. J. OF INT'L L. (2020). 4. Jennifer Trahan, Questioning Unlimited Veto Use in the Face of Atrocity Crimes, 52 CASE W. RES. J. OF INT'L L. (2020). 101

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