Analysis of Chapter VII of the Charter of the United Nations
- What is the greenhouse effect?
- The determining factors
- The heat wave in summers, is it actually due to the greenhouse effect?
- Will this phenomenon happen again?
The concept of collective security has been borrowed by the Charter to the Covenant of the League of Nations (SDN) which tried to correct the imperfections. Any conflict or threat of international conflict, even local, is likely to degenerate into a threat or breach of peace worldwide.
The Charter has established a kind of international social contract, under which each Member State had to renounce the use of force in its relations with other states (Art. 2, and 4). It recognizes the Security Council and ensures its effective international police mission.
Thus, Chapter VII, entitled "Action with respect to threats against peace, breaches of the peace or act of aggression" under the Security Council (SC) provides a set of skills, all of which are not established unambiguously (cf. art. 40). The General Assembly is not devoid of competence at the end of Chapter IV and aims to "discuss any matters relating to the maintenance of peace" (art. 11, 2).
It even recommended steps for maintaining peace. But the Council is vested with a range of skills outlined in Chapter VII. Attention should be paid to the contents of this chapter VII, before measuring their effectiveness in light of international events.
The SC noted "the existence of a threat against peace, a breach of the peace, or act of aggression" (Article 39). This finding is a characterization of the facts.
"In order to prevent aggravation of the situation," it can also "invite the parties to comply with such provisional measures as it deems necessary" (Article 40). This formula is legally ambiguous, since there is a legal difference between "invitation" and to "Decision", the latter being recognized in the same article and in others.
The powers of influence can take two forms: the first is non-coercive: it is laid down in Article 41 and draws directly from both the Covenant of the League but also non-military reprisals practiced by individual states for many years. These actions "may" be decided by the SC, in which case they will of course mandatory. It also means that such measures may not be from the CS as recommendations.
The non-coercive measures are first the mere "threat" to peace. But as well as a recent practice has shown, there is no reason that non-coercive measures could betaken in respect of situations described by the CS to "break the peace"; The second form is that of enforcement: the CS can "be taken, by air, sea or land any action it deems necessary to maintain or restore peace".
Tags: Analysis of Chapter VII of the Charter of the United Nations; attention necessary for contents of Chapter VII; Security Council of the UN;