Strengthening the Rule of Law as a Means of Reforming the UN Security Council

Abstract

Presently, the relative lack of concern for the observance of legal international norms is one of the major shortcomings of the system of international relations. Law is a guarantee of equity and justice. It is the social factor best able to foster justice and peace in interstate relations: states repeatedly and solemnly commit themselves to implement this axiom, even if, regrettably, their deeds do not always match their words. Far from being a mere idealistic and scholarly hypothesis or a moralistic posture, observance of and commitment to international norms is a needed condition for politics to create confidence, constructive dialogue and peaceful attitudes within the international society of states. Accordingly, maximizing the degree of legal compliance in international relations should be a common goal so that politics would be played primarily within an overall framework in which the rule of law is respected and benefits for the global community would follow. Therefore, the key idea is that law should represent the binding framework within which politics would be allowed to govern international relations. To require permanent members to provide a written justification for their casting of vetoes; to grant seats in the Security Council to states partially in accordance with legal and diplomatic criteria, rather than exclusively with economic and military considerations; to involve the International Court of Justice more fully within the United Nations system by fostering its role in interpreting and developing international law: all these legal steps are needed to build an international “social framework” against breaches, torts and misconstructions of international law that might bring about a future more just and safer world.

Keywords: UN Security Council Reform, Written Justification for Casting Vetoes, ICJ