Vetoes and the UN Charter: the obligation to act in accordance with the ‘Purposes and Principles’ of the United Nations

Abstract

ABSTRACT This article examines the relationship of the veto power of the permanent members of the UN Security Council and the requirement in the UN Charter that the Council act in accordance with the ‘Purposes and Principles’ of the UN. The article analyses whether the use of the veto (a negative vote cast by a permanent member) is subject to this requirement, and concludes that it necessarily is – that all the powers of the permanent members are derived from the Charter and are therefore subject to it. The article specifically considers use of the veto in light of the requirement of acting ‘in conformity with … principles of justice and international law’, and the obligation to act in good faith. The final section examines the consequences of casting a veto not in accordance with such obligations, and how these issues could be positioned for adjudication before the International Court of Justice.