Suchergebnisse

The amendments to the Charter adopted by General Assembly Besolution 1991 (XVIII) A of December 17, 1963, relating to the Security Council entered into force on August 31, 1966. As a result, the number of the non-permanent members was raised from six to ten, bringing the total of members of the Council to fifteen and the word "seven" in paragraphs 2 and 3 of Article 27 was replaced by the word "nine." The rest of paragraph 3 of Article 27 was left unchanged and the affirmative and concurring votes of the permanent members continue to be required for decisions of the Council "on all other matters," that is, on all matters other than procedural ones. It is clear from the debates preceding the adoption of the amendments that there was no intention to tamper with this requirement which confers on each of the permanent members the power to cast a "veto," that is, a negative vote. No attempt has been made to clarify the effect of the absence of a permanent member from the Council upon the adoption of decisions relating to non-procedural matters or the effect of the abstention by a permanent member in the vote on such a decision. Presumably, by tacit accord, it was deemed wiser to leave the proverbial Pandora's box locked.

Legal controversy within the United Nations has resulted from the confrontation of the Organization's purposes with the specific rules set forth in the Charter for their implementation. Two sections of the Charter stand out as having produced yet unresolved legal tangles: One is the provision relating to the maintenance of international peace and security through effective collective action; the other is the group of provisions relating to self-determination and human rights. The Cold War and the attempts of the Great Powers to use the UN to attain or defend their policy objectives have shaped the attitude of Members toward the law and the role of law in the more clearly political activities of the UN. Consequently, politico-legal controversy has arisen with respect to the allocation of competences and powers between the General Assembly and the Security Council, the manner of operation of these two bodies, and the distribution of responsibility for "enforcement action' between the UN and regional organizations.