Nigeria’s Policies in International Organizations: A Contemporary Perspective

Click to increase image sizeClick to decrease image size ACKNOWLEDGEMENTS I thank Professors David Cameron and Michael Pugh, Megan Keogh and the following UN officials/consultants – Brian Atwood, Peter Barwick, Jamal Benomar, Michelle Brandt, Mario Buil-Merce, Lovemore Chikopa, Jill Cottrell, Surya Dhungel, Filippo Di-Capegra, Dennis Dijkeul, Guido Galli, Yash Ghai, Nicholas Haysom, Robert Husbands, Sakuntala Kagardimar, Katy Le Roy, Gianni Magazenni, William Maley, Fred Mwanthagere, Muna Ndulo, Cristiano Papile, Thusitha Pilapitiya Robert Pulver, Bertrand Ramcharan, Anthony Regan, Alvaro Rodriguez, Charmaine Rodriguez, Roland Rich, Peter Russell, Amos Sawyer, Susanne Schmeidl, Francois Simmards, Ramaswamy Sudarshan, Neçla Tsirgi and John M. Tuhaika – for materials, conversations and comments. Notes UN Security Council Res. UN doc., S/Res/1996, 8 July 2011. UN Security Council Res. UN doc., S/Res/1509, 19 Sept. 2003; UN Security Council res. UN doc., S/Res/1885, 15 Sept. 2009. UNDP Bhutan, Annual Report 2005, 2005, p.5. UNDP, ‘The Constitution and Its Relationship to the Legislature’, undated (at: http://mirror.undp.org/magnet/Docs/parliaments/Constitutions.htm), on file with the author. Ibid. Ibid. Ibid. Malawi Law Commission, ‘Report of the Law Commission on the Review of the Constitution’, report no.18, Aug. 2007, pp.8,13. UNDP Maldives, ‘Democratic Governance’, 2011 (at: http://undp.org.mv/v2/?lid=71). UNDP Pacific Centre, ‘Democratic Governance’, 2011 (at: www.undppc.org.fj/pages.cfm/our-work/democratic-governance/strenthening-parliaments-democratic-institution/constitutional-reform). Ibid. Ibid. UNDP Zambia, ‘Constitutional Reform: Support to the Constitution Review Process in Zambia’, 15 Jan. 2009 (at: www.undp.org.zm/index.php?option=com_content&view=article&id=23:constitutional-reform-support-to-the-constitution-review-process-in-zambia&catid=5:democratic-economic-governance&Itemid=7). UNDP Zimbabwe, ‘Support to Participatory Constitution Making in Zimbabwe (SPCMZ) 2009–2011’ (at: www.undp.org.zw/index.php?option=com_content&task=view&id=92&Itemid=9). ‘UN Political Chief Pledges Organization's Continued Support for Transition in Egypt’, 28 Feb. 2011 (at: www.un.org/apps/news/story.asp?NewsID=37639&Cr=egypt&Cr1=); ‘Ban Pledges Full UN Help for Tunisia's Transition to Democracy‘, 22 Mar. 2011 (at: www.un.org/apps/news/story.asp?NewsID=37860&Cr=tunisia&Cr1). It is anticipated that by the time this article goes to press, Libya will have become the thirteenth state to receive Security Council-mandated UNCA through the UN Support Mission in Libya (UNSMIL), a peace mission. ee UN Security Council Res. UN doc., S/Res/2009, 16 September 2011, para. 12 (b). UN Security Council, ‘Special Research Report’, no.2, 5 Oct. 2007, p.3. UN, ‘Guidance Note on UN Assistance to Constitution-Making’, 8 June 2009. UN Charter, Ch.XIII, Arts.87–8; Katy le Roy, ‘Nauru Constitutional Review: Discussion Paper’, June 2006, p.3. ‘Report of the Secretary-General on the Work of the Organization’, UN doc., A/60/1, 2005, p.3. UN Charter, ‘Peaceful Settlement of Disputes’, Ch.VI, Art.33. UN Security Council, ‘Conflict Prevention Historical Chronology’ (at: www.securitycouncilreport.org/site/c.glKWLeMTIsG/b.3462777/). Boutros Boutros-Ghali, An Agenda for Peace, New York: UN, 1992. Ibid. UN Secretary-General, ‘The Causes of Conflict and the Promotion of Durable Peace and Sustainable Development in Africa’, 16 Apr. 1998, para.105 (at: www.un.org/ecosocdev/geninfo/afrec/sgreport/index.html); UN, ‘Guidance Note of the Secretary-General – UN Approach to Rule of Law Assistance’, undated. UN Secretary-General (see n.24 above); UN Secretary-General, ‘Report of the Secretary-General: Prevention of Armed Conflict’, UN doc. A/55/985–S/2001/574, 7 June 2001, para.78. UN Security Council (see n.1 above), para.18; Bertram I. Spector, Negotiating Peace and Confronting Corruption, Washington, DC: US Institute of Peace, 2011. ‘Comparative Table Regarding the UN Security Council Committees Established Pursuant to Resolutions 1267 (1999), 1373 (2001) and 1540 (2004)’ (at: www.un.org/es/sc/ctc/pdf/comparative-table-2011-05.pdf). ‘Constitution of the Islamic Republic of Afghanistan’, Ch.1, Art.7, 2004; ‘Permanent Constitution of Iraq’, 2005, §1, Art.7. For an anti-terrorism provision in another UN-assisted constitution, see ‘The Constitution of the Kingdom of Bhutan’ (2008), Art.8(5). UN Millennium Declaration, GA Res.55/2, UN GAOR, UN doc. A/Res/55/2, 18 Sept. 2000, para.6; UN, ‘In Larger Freedom: Towards Development, Security and Human Rights for All’, report of the UN Secretary-General, UN doc., A/Res/59/2005, 21 Mar. 2005. UN doc., S/Res/1325, Oct. 2000. UN (see n.17 above), pp.4–6. Ibid. See ‘Principles Relating to the Status of National Institutions’ (Paris Principles), Office of the UN High Commissioner for Human Rights Office (at: www2.ohchr.org/english/law/parisprinciples.htm). Vijayashri Sripati, ‘UN Constitutional Assistance: A TWAIL Perspective’, PhD thesis, Osgoode Hall Law School, Toronto, 2010, chs.4–5. Ibid.; Spector (see n.26 above), pp.67–71; UNDP, Democracy and Development in the Least Developed Countries, New York: UN, 2006, pp.64–9. Ibid.; Sripati (see n.33 above), ch.5. Edward Newman and Roland Rich (eds), The UN Role in Promoting Democracy – Between Ideals and Reality, Tokyo: UN University Press, 2003, p.3. Secretary-General's remarks to the Fifth Committee of the General Assembly on the Proposed Programme Budget for the Biennium 2008–09, New York, 25 Oct. 2007 (at: www.un.org/apps/sg/sgstats.asp?nid=2815). For the nature of the conflict see ‘Arusha Peace and Reconciliation Agreement for Burundi’, 28 Aug. 2000, Art.4. Ibid. Security Council Res.1545, 24 May 2004, para.5. Security Council Res. 435, UN doc. S/Res/435, 29 Sept 1978. Ibid. Paul Szasz, ‘Creating the Namibian Constitution’, in Heribert Weiland and Matthew Braham (eds), The Namibian Peace Process: Implications and Lessons for the Future, Druck: Arnold Bergstraesser Institut, 1994, pp.243–56; Paul Lewis, ‘Paul Szasz, 72, Legal Expert; Helped Draft 2 Constitutions’, New York Times, 7 May 2002, p.A12. UNDP Rwanda, ‘Ten Years on: Helping Rebuild a Nation – the UN in Rwanda’, Kigali, Apr. 2004, p.15. Ibid.; Government of Rwanda, UNDP Rwanda and DIFD, ‘Rwanda: Programme for strengthening good governance’, 2007(at: www.undp.org.rw/Democratic-project46259.html?id=112 ). Security Council Res. 1590, UN doc. S/Res/1590, 24 March 2005, para. 4. ‘Agreement between the Republic of Indonesia and the Portuguese Republic on the Question of East Timor’, 5 May 1999. Ralph Wilde, International Territorial Administration: How Trusteeship and the Civilizing Mission Never Went Away, Oxford: Oxford University Press, 2008, p.17; Sergio Viera de Mello (at: www.ohchr.org/EN/ABOUTUS/Pages/Vieira.aspx). Hon. Richard G. Lugar (Sen. Indiana), ‘Kosovo: A Way Forward?’, Hearing before the Committee on Foreign Relations US Senate, 109th Congress, First Session, 8 Nov. 2005, p. 1. Rambouillet Agreement – Interim Agreement for Peace and Self-Government in Kosovo, US State Department, Feb. 1999 (at: www.state.gov/www/regions/eur/ksvo_rambouillet_text.html). Republic of Kosovo Assembly (at: www.assembly-kosova.org/?cid=2,128,1635). ‘United Nations Assistance Mission for Iraq (UNAMI)’, Fact Sheet, 10 Aug. 2007, pp.1–5.

According to the UN Charter (Article 26), the UN Security Council is the primary organ responsible for the maintenance of international peace and security. Nuclear states agreed to the adoption of a UN Security Council Resolution that provided positive security assurances. The adoption of UN Security Council Resolution №255 on June 19, 1968, was of particular significance. This resolution stipulated that instances of aggression involving the use of nuclear weapons or the threat of such aggression against a non-nuclear-weapon state would require immediate action by the UN Security Council and its permanent members, who are nuclear-armed states. The aim of the work is to determine the role of the UN Security Council in the system of preventing the proliferation of nuclear weapons. The methodological basis of the study will focus on the analysis and understanding of the impact of the UN Security Council on strategies and measures aimed at preventing the spread of nuclear weapons in the international context. The results of our research have shown that the role of the UN Security Council in the disarmament of Iraq’s nuclear program, which could have led to the development of nuclear weapons, proved to be significant. To achieve this, in accordance with UN Security Council Resolution №687 adopted on April 3, 1991, the Special Commission (UNSCOM) was established. During an extraordinary meeting of the UN Security Council at the highest level on September 24, 2009, Resolution UN Security Council Resolution № 1887 was adopted, aimed at supporting nuclear non-proliferation, criticizing Iran and North Korea. Resolution №1887 outlines measures to strengthen control and the rights of nuclear-weapon states to demand the return of nuclear materials and equipment in case of violations of the Non-Proliferation Treaty or withdrawal from it. It also involves enhancing security measures for the storage of nuclear materials and strict export controls. Conclusions. In our opinion, the powers of the UN Security Council in the field of non-proliferation of weapons of mass destruction should be utilized more promptly and effectively. The insufficient effectiveness of this international mechanism in preventing proliferation remains a cause for serious concern among UN members worldwide. To enhance the effectiveness of the UN Security Council, we propose the adoption of a comprehensive resolution that includes provisions on the procedure for a state’s withdrawal from the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) and its violation of commitments to refrain from acquiring nuclear weapons. This resolution should stipulate the imposition of sanctions against such a state based on a special report from the International Atomic Energy Agency (IAEA). Such a mechanism can ensure an effective impact of the international community on states that withdraw from the NPT.

The subject of the study is the role of the UN Security Council in the international system of countering money laundering and terrorist financing. The author pays special attention to the historical component, identifying the reasons for the transformation of the UN approach to money laundering and terrorist financing and tracing the link between the globalization of terrorist acts and the development of counteraction by the UN Security Council. The main functions of the Counter-Terrorism Committee (CTC of the UN Security Council) and the Executive Directorate (CTED of the UN Security Council) are outlined. The article reveals the role of a number of UN Security Council documents as a systemically significant source of law in the context of the international system for countering money laundering and terrorist financing, as well as individual problems faced by states implementing the norms of resolutions into their national legislation. The methodological basis of the study was a combination of general scientific (logical method and analysis) and private scientific methods (comparative legal, historical legal, historical and sociological). The article systematically details the development of the UN Security Council's approach to the problem of money laundering and terrorist financing. Through careful consideration of individual provisions of the resolutions, the role of this UN Security Council and its bodies in developing measures and countering ML/FT is being specified. Based on the results of the study, the author concludes that the UN Security Council has played a systemically significant role in the formation of an international system for countering money laundering and terrorist financing, consolidating a number of advanced international standards developed by international organizations, para-organizations and other institutions. In addition, the author clarifies that it is thanks to the UN Security Council that it is possible to further "solidify" the FATF Recommendations and their full implementation into the international legal system.

Ban Ki-moon must be an advocate for multilateralism

Introduction: Effectiveness of Multilateralism in the Field of Collective Security, Joachim Krause and Natalino Ronzitti Part I: Theoretical Approaches to and Historical Developments of Global Governance in the Field of Collective Security 1. Global Governance in the Field of Collective Security - How to Make Multilateralism more Effective, Joachim Krause 2. Effectiveness and Ineffectiveness of the UN Security Council in the Last 20 Years: a European Perspective, David Hannay 3. Effectiveness and Ineffectiveness of the UN Security Council in the Last 20 Years: a US Perspective, John van Oudenaren Part II: The UN Security Council 4. The reform of the UN Security Council, Natalino Ronzitti 5. The EU's Contribution to the Effectiveness of the UN Security Council between Presence and Impact, Nicoletta Pirozzi Part III: UN Peacekeeping 6. UN Peacekeeping Missions during the Past Two Decades - How Effective Have They Been?, Denis Tull 7. Options for Improving EU-UN Cooperation in the Field Of Peacekeeping, Alexandra Novosseloff Part IV: International Peacebuilding and State-building 8. International Peacebuilding and State-building Efforts: How Effective Have They Been?, Keith Crane 9. Building Peace in Post-Conflict Environments: Why and How the UN and the EU Interact, Thierry Tardy 10. Constructing a Framework of Effective Multilateralism: Conclusions for the Field of Collective Security, Inna Melnykovska and Nicoletta Pirozzi Appendices Appendix 1. The UN Security Council Reform Process: Recent Developments, Elisabetta Martini Appendix 2. Joint Declaration on UN-EU Cooperation in Crisis Management Appendix 3. Joint Statement on UN-EU Cooperation in Crisis Management Appendix 4. Major Stages of the Institutionalization of the UN-EU Cooperation Appendix 5. Contributions of European States to UN Peacekeeping Operations Appendix 6. EU Autonomous Operation in Support of a UN Peace Operations Appendix 7. Operations Involving UN-EU Cooperation since 2003

Seated at the famous horseshoe table in the United Nations Security Council chamber in New York on 25 October 1962, US Ambassador Adlai Stevenson presented fellow Council members with photographic evidence of Soviet missile installations in Cuba. Unveiling the evidence collected by US intelligence services over the previous weeks and months, Stevenson’s performance produced a supreme and memorable moment of Cold War drama. Some 40 years later, Secretary of State Colin Powell, making the case Review Essay

The use of force� /no matter how benevolent, enlightened, or impartial in intent� /has dramatic consequences. It shapes the struggle for power and helps to determine the outcome of political contests, which is why it is inherently controversial. It is why international debates about Libya� /the first road test of the Responsibility to Protect’s (R2P) coercive element (also known as Pillar Three)� /were understandably contentious. Pillar Three is defined as ‘‘the responsibility of Member States to respond collectively in a timely and decisive manner when a State is manifestly failing to provide ... / protection.’’ 1 While peaceful means of response are primarily preferred, should that prove inadequate to ensure protection, the international community should use more robust action: ‘‘no strategy for fulfilling the responsibility to protect would be complete without the possibility of collective enforcement measures, including through sanctions or coercive military action in extreme cases.’’ 2

The article analyzes main trends in the work of the UN Security Council on the Syrian issues. The author notes that the interaction of the Security Council members fully reflected the modern development of international relations, related to its transformation towards polycentricism. This process is associated with a reduction in the ability of the US to use the UN Security Council to conduct its own narrow-conjuncture policy, with the growing influence of new centers of power, primarily Russia and China. Those actors are ready to uphold the principle of inadmissibility of using the UN Security Council to interfere in the internal affairs of states in order to change regimes. To counter this trend, Washington and its allies pursued a policy of pressure on Moscow, trying to force it to abandon an independent course toward Syria. At the same time, the thesis of the “paralysis” of the UN Security Council with reference to the conflict in Syria was actively used because of Russia’s position. Simultaneously, Russian initiatives in the UN Security Council aimed at de-escalating the situation and launching an inter-Syrian dialogue were rejected. Nevertheless, the consistent position of Russia and China forced the West to gradually realize the non-alternative search for common denominators on the Syrian issue as well as collective partnership efforts to find measures to end the conflict. As a result, it became possible to adopt a number of decisions of the UN Security Council concerning various aspects of the settlement of the crisis. The main principles of the settlement, negotiating formats for the participants in the conflict and external players were agreed upon. Thus, it was the interaction in Syria that gave the UN Security Council the opportunity to become the embodiment and guarantor of a multipolar world, a platform for harmonizing approaches on an equitable collective basis in a changing world.

UN ON THE PATH TO REFORM

The UN Security Council has presented a complex and challenging site for women and feminists. It is the organ of the UN with the narrowest and most militaristic function. Further, it is the organ of the UN that is most exclusionary in its composition and decision-making, composed of only five permanent member states and ten non-permanent member states. There are three key axes along which we might consider the topic and scholarship on women and the UN Security Council: the first is women within the UN Security Council, including the involvement of women in negotiating its mandate and its ongoing decision-making and activities; the second is the impact of the Security Council on women, for example through its peacekeeping and sanctions activities; and the third is the Security Council’s thematic agenda on Women, Peace and Security (WPS), adopted in 2000 as part of the Council’s broader post–Cold War turn to “human security.” As this entry will make clear, there is a significant disparity between the volume of scholarship dedicated to each of these three axes. Scholarship addressed to women within the Security Council is scant. Scholarship on the impact of Security Council activities on women is more developed and has a longer trajectory since the early-mid 1990s. Scholarship addressed to the WPS agenda is voluminous and emerges from across multiple disciplines and draws on diverse theoretical and methodological approaches. WPS scholarship emerged soon after the adoption of the initial resolution and has continued to gather pace ever since. It is therefore appealing to collapse any discussion of the UN Security Council (UNSC) and women into the UNSC’s thematic agenda on Women, Peace and Security, but to do so would overlook both essential historical context that preceded the Council’s adoption of WPS in 2000, as well as the many ways in which women intersect and cross-cut with other attributes, powers, and activities of the UNSC. Consequently, while this entry does dedicate much discussion to scholarship of the WPS agenda, this scholarship is contextualized within broader international legal scholarship on women, feminism, and gender at the UN Security Council.

media-genic: countries debate, votes are taken, drama abounds as when Colin Powell made his case for intervention in Iraq. The Council's composition is sup posed to reflect coercive power in the world, and it is the only institution whose decisions are expected to be binding on all member states of the UN. Sometimes it does not seem to work well and reformers want to change its composition bet ter to reflect current power. The UN Security Council and the Politics of International Authority seeks to encour age us to think differently about the institution, reflecting radically alternative way to conceptualize power in supranational institutions. It is different from the usual take on the Security Council, which can focus on process and issues dealt with, like Edward Luck's (2006) UN Security Council: Practice and Promise, or David Malone's (1998) analysis of the specific case of Haiti in his Decision-making in the UN Security Council, or Chinmaya Gharekhan's (2006) personal memoire in The Horseshoe Table: An Inside View of the UN Security Council. Bruce Cronin and Ian Hurd start the process in their introductory chapter, which sets out their focus on authority and legitimacy as key factors in the Council's effectiveness. Authority here means a relation among actors within hierarchy in which one group is recognized as having both the rights and the competence to make binding decisions for the rest of the community... (p. 6). As such it is related to legitimacy, form of very soft power. Hurd's next chapter elaborates on this and sets up tests of authority as way of assessing the Council. This is based on Hurd's earlier work on legitimacy in After Anarchy: Legitimacy and Power in the United Nations Security Council (Hurd 2007). Eric Voeten's chapter on the nature of Security Council authority combines an institutionalist and realist perspective on how decision making can be seen as bargaining between public goods perspective (peace and security are good for everyone) and private goods perspective (a given State's national interest). He shows that the decision-making process is evolving in such way that agree ment in the Security Council is becoming increasingly important. Bruce Cronin's chapter on how international consensus has expanded the Security Council's legal authority is central argument in the volume. It demon strates that consensus, which is the prevailing means of decision making at the international level, allows international law to develop. As he notes, ...it reflects the growth of legal norms that are derived not from individual state consent,

The article is devoted to the legal analysis of the use of the veto by the permanent members of the UN Security Council. The purpose of the article is to comprehensively study the principles of minimizing the abuse of the veto power in the UN Security Council. The article analyzes the current legal framework of the UN Charter regarding the possibility of using the veto power in the UN Security Council. The author examines the legal content of such grounds and analyzes the legal and political motives for such use. The study identified gaps in the international legal regulation of situations where a particular state openly abuses the veto power in the UN Security Council. The study of the topic is based on the provisions of the general theory of international law and practical experience of application and interpretation of the provisions of the UN Charter. The article provides specific examples of abuse of the veto power and approaches to reforming the operation of this instrument. The scientific research is based on the analysis of the provisions of international law and the analysis of the actual behavior of states in the international arena. The publication draws conclusions on potential ways to reform the veto power in the UN Security Council. The article provides for the coverage of topical issues and regulatory features of the use of the veto power in the context of military aggression.

Introduction to the Special Issue on Darfur

Foreword Stef Blok Acknowledgments List of Abbreviations 1 Introduction Niels Blokker, Nico Schrijver and Sarah Mead Part I: Elected Members: Law and Practice 2 Non-permanent Members of the Security Council: A Charter Perspective Stephen Mathias and Keiichiro Okimoto 3 Elected Members Today: Overcoming the Handicaps Ian Martin 4 Campaigning for an Elected Seat in the UN Security Council Ann-Marie Ekengren and Ulrika Moeller 5 More Non-Permanent Members? On the Need for a Second Enlargement of the Security Council Niels Blokker Part II: Elected Members: Inside and Outside Experiences 6 Pursuing Peace and Justice on the Security Council: The Canadian Experience Alistair Edgar 7 The Role of Elected Members on the UN Security Council: The New Zealand Experience 2015-16 Gerard van Bohemen 8 The Dutch Approach of Promoting the International Rule of Law and Constructive Multilateralism on the Security Council Nico Schrijver 9 Belgium in the UN Security Council: Responsibility Without Power? Jan Wouters and Nina Pineau 10 Representing the European Union at the United Nations: The Security Council Dimension Thomas Mayr-Harting 11 Serving on the Security Council: More Like Playing Poker than Like Chess Peter Wilson Part III: Niches for Elected Members 12 What Kind of Rule of Law Should Elected Members Promote? Alejandro Rodiles 13 Elected Members and Agenda-Setting: The Security Council as Peace Broker Daniella Dam-de Jong 14 Managing the Ebb and Flow of Sanctions Reform: An Important Role for Non-Permanent Members Jeremy Farrall and Christopher Michaelsen 15 The Office of the Ombudsperson and the Elected Members of the Security Council Kimberly Prost 16 Environmental Peacebuilding and the UN Security Council Amanda Kron 17 Non-Permanent Members of the Security Council and International Criminal Justice: A Proposal for Revitalization Giuseppe Nesi 18 Working from the Outside to Change the Working Methods of the Security Council: Elected Members as a Bridge between the Permanent Members and the Rest of the UN Membership Christian Wenaweser About the Contributors Table of Treaties Table of Resolutions Presidential Notes and Statements Case Law Index

Since 2006 to 2017 the Security Council has passed a resolution on North Korea's nuclear test act. Article 25 of the UN Charter states that Members of the United Nations agree to accept and implement the decisions of the Security Council in accordance with this Charter. North Korea as a UN member state that obtained the UN Security Council Resolution is obliged to implement the sanctions resolution. However, the sanctions contained in the resolution did not make North Korea stop its nuclear program and it shows North Korea's noncompliance with UN Security Council resolutions. Implications accompanying any denial by North Korea against the UN Security Council resolution which in general affects four fields, namely the fields of economy, politics, defense and international cooperation. In addition to non-military sanctions, the Security Council under chapter VII Article 42 of the UN Charter can impose military sanctions where possible, the Security Council can also impose sanctions through the UN General Assembly on its recommendation to suspend the rights of UN membership) and expulsion of a country from UN membership).