A CRITIQUE OF THE ROLE OF THE UNITED NATIONS SECURITY COUNCIL IN PROMOTING PEACE AND SECURITY UNDER INTERNATIONAL LAW


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TABLE OF CONTENT

ABSTRACT
TABLE OF CONTENTS
LIST OF ABREVIATIONS
LIST OF STATUTES

CHAPTER ONE
GENERALINTRODUCTION
1.1Introduction
1.2Statement of the Problem
1.3 Aims and Objectives of the Research
1.4Scope and Limitations of the Research
1.6 Research Methodology
1.7 Literature Review
1.8 Justification of the study
1.9Organisational layout

CHAPTER TWO
CONCEPTUAL CLARIFICATIONS
2.1Introduction
2.2Meaning and Nature of International law
2.3Meaning and Nature of the Concept of Peacemaking
2.4Meaning and Nature of the Concept of Peacekeeping
2.5 The development of peace keeping in International Law
2.5Meaning and Nature of the Concept of Peace enforcement
2.6 The development of peace enforcement in International Law
2.6The Meaning and Establishment of the SC of the United Nations
2.7The Concept of Security
2.7.1 The Development of Security in International Law

CHAPTER THREE
THE ROLE OF THE SC IN PROMOTING PEACE AND SECURITY IN INTERNATIONAL LAW
3.1Intriduction
3.2The Legal basis of Peacekeeping in International law
3.2.1 The UN Charter
3.2.4 Security Council mandates
3.3The Role of the SC in International Law
3.3.1 Maintenance of international peace and security
3.3.2 United Nations Security Council Proactive Role in Promoting Peace and Security

A. Measures taken to stop terrorist funding and other activities
1.         Criminalization of terrorism financing
2.         Freezing assets of terrorists and terrorist organizations
3.         Reporting obligations
4.         Weapons and explosives
5.         Checking International terrorism

B. Measures taken by the Security Council to promote disarmament
1.         Measures taken to checkmate proliferation of small arms and light weapons
2.         Nuclear and chemical Weapons Control Strategy
3.         Nuclear Non-Proliferation Treaty
4.         Efforts to ban nuclear tests
5.         Chemical weapons
C. Measures taken to promote human rights activities in the world
1. Gender based protection
3.4       An assessment of the achievements of the UNSC in selected areas
3.4.1    Africa
3.4.1.1Libya
3.4.1.2Democratic Republic of Congo
3.4.1.3Rwanda
3.4.1.4Darfur (Sudan)
3.4.2 Asia
3.4.2.1 Iraq
3.4.2.2 Afghanistan

CHAPTER FOUR
LIMITATIONS OF THE UNSC AND A CRITIQUE OF ITS ROLE IN PROMOTING PEACE AND SECURITY
4.1Introduction
4.2Limitations of the UNSC
4.2.1 Limitations deriving from the text of the UN charter
4.2.2 Limitations deriving from the ‗purposes and principles of the UN charter
4.2.3 Limits fashioning to discretionary powers
4.2.4 Limits based on jus cogens
4.3Critique of the role of UNSC in Promoting Peace and Security
4.3.1 SCmanner of functioning
4.3.2 The structure of the UNSC
4.3.3 Arm arsenal of UNSC permanent members
4.3.4 Veto power of permanent members
4.3.5 Its double standard attitude
4.3.6 Undermining the Purposes and Principles of the United Nations
4.3.7 The resources of the SC
4.3.8 A no UN standing Army
4.4Misuse of the veto power in International Law and Consequences
4.4.1 Bypass of SC authorisation for Peacekeeping
4.4.2 Veto used to protect the interest of the Permanent five
4.4.3 Non veto holder‘s states rush to ally with one or more P-5 member
4.4.4 General Assembly Learns to Bypass SC with Creation of Uniting for Peace Resolution
4.4.5 Use of the Veto in Nuclear Weapons Control
4.4.6 Use of the veto to block the amendment of the Charter
4.4.7 Use of the veto to control the Council‘s agenda
4.4.8Veto used to decide if a situation is substantive or procedural as it suits them
4.4.9 Work of UNSC done by other bodies

CHAPTER FIVE
5.0 SUMMARY RECOMMENDATION AND CONCLUSION
5.1 Summary
5. 2 Findings
5.3 Recommendations
5.4 Conclusions
5.5 References



ABSTRACT


The international community saw the need for unity, peace, cooperation, and a state of security. This task was given the UNSC. But due to its inability to handle the plethora of breach of peace situations the world is experiencing creates a lot of doubts as to the seriousness of this body to carry on the task assigned her. Some of the question this research intends to answer is to see how committed the Security Council members are in maintaining and promoting world peace and security. With their over looming interest will the world experience a better peace and security situation than before? The objectives of this research is to examine the effectiveness of the UNSC in its principal role of maintaining peace and security given the high level of breach of peace situations the world is experiencing. The methodology used in this work is the doctrinal method. Some of the findings arrived at in this research is the lack of means sufficient enough to carry out its functions. The veto power of the permanent five members of the Security Council is a hindrance to this body`s function. To proffer some solutions, rebel and terrorist group`s funds should not only be frozen after they are discovered. They should be sent to the coffers of the UN to help resolve security issues in the areas that are unstable or that they breached the peace. The General Assembly‘s most important attempt so far to prevent the paralysis of the United Nations in measures of collective security was the Uniting for Peace Resolution of 3rd November, 1950. This resolution attempted to counter the hindrance of the Security Council caused by the excessive use of the veto and the negligence of previous recommendations by the General Assembly.




CHAPTER ONE

GENERAL INTRODUCTION

1.1 Introduction

The International community continues to experience human suffering on a scale unparalleled in human history despite all efforts made at international, regional and sub-regional levels. This stems primarily from some complex and often prolonged conflicts which initiatives to address the peace, security and stability challenges by the United Nations (UN), the international community and a range of regional and sub-regional organizations have failed to prove the efficacy of these organizations, which nonetheless, continue the battle to find a lasting solution. The plight of every society nowadays is to attain a reasonable level of economic growth, better standard of living and peace at all cost. No society can achieve these objectives without a reasonable level of peace and security. Peace and Security are virtues that are desired by individuals, families, countries, continents and the world as a whole. A peaceful and secured environment is a safe haven for investors which will definitely trigger economic growth and development. No investor will like to invest his hard earned savings in an unsecured environment. That is why so many countries spend huge resources both financial and human in order to ensure that there is peace and security so as to attract investors.

The cost of maintaining peace and security is far less expensive than halting war or breaches of peace. It is estimated that the United Nations spent about 200 billion dollars on several military interventions in 1990 in Bosnia Herzegovina, Somalia, Rwanda, Haiti, Persia Gulf, Cambodia and El Salvador of which a preventive approach would have cost her just the sum of 130 billion dollars....

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