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16 Sask. B. Rev. & Law Soc'y Gaz. 58 (1951)
Expulsion of Russia from the United Nations

handle is hein.journals/sasklr16 and id is 68 raw text is: SASKATCHEWAN BAR REVIEW

A recent statement accredited to a leading Canadian political figure
that Russia be expelled from the United Nations seems to have generated
considerable interest in this country. The purpose of this brief article is
not to discuss the desirability of such a proposal, but merely to examine
the problem as to whether its expulsion might be accomplished by legal
means. A cursory examination of the constituent instrument of the
United Nations, the Charter, might perhaps lead one to the conclusion
that there may be no express provision dealing with such a situation.
However, there is fairly general agreement that the Charter may be so
interpreted as to deduce at least three legal arguments for the expulsion
of, one of the Big Five.
Article 6 of the Charter of the United Nations deals with the matter
of expulsion and provides:
A Member of the United Nations which has persistently violated
the Principles contained in the present Charter may be expelled
from the Organization by the General Assembly upon the recom-
mendation of the Security Council.
It is to be noted that the General Assembly cannot expel a Member
without first receiving a recommendation to that effect from the Security
Council. Voting in the Security Council is provided for by Article 27 of
the Charter:
1. Each member of the Security Council shall have one vote.
2. Decisions of the Security Council on procedural matters shall be
made by an affirmative vote of seven members.
3. Decisions of the Security Council on all other matters shall be
made by an affirmative vote of seven members including the con-
curring votes of the permanent members; provided that, in
decisions under Chapter VI (Pacific Settlement of Disputes), and
under paragraph 3 of Article 52 (pacific settlement of local dis-
putes through regional arrangements or regional agencies), a
party to a dispute shall abstain from voting.
The Security Council consists of five permanent members-France,
China, the United Kingdom, the U.S.S.R., the United States, and six
other members elected by the General Assembly for a two-year term.
Expulsion is not a procedural matter, although it is interesting to
note that the question as to whether a particular matter is or is not pro-
cedural is not itself a question of procedure.2 Paragraph 3 of Article 27
contains the veto power. If the matter of the expulsion of the U.S.S.R.
came before the Security Council for recommendation to the General
Assembly, such a recommendation would be made by a vote under Article
27, paragraph 3 and would be subject to veto.
In order for the U.S.S.R. to be legally expelled from the United
Nations, it is evident that its veto power must be circumvented, since,
obviously, that State could not be expected to vote affirmatively for its
own expulsion. It has been suggested that this might be accomplished by
one of the three following methods:
First, it would seem probable that in such a situation a dispute is
involved. If so, the exception at the end of paragraph 3 could be applied,

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