THE PROCEDURE OF THE UN SECURITY COUNCIL

Transcription

1 THE PROCEDURE OF THE UN SECURITY COUNCIL THIRD EDITION SYDNEY D. BAILEY and SAM DAWS CLARENDON PRESS 1998 OXFORD

2 List of Tables and Charts List of Abbreviations and Acronyms CONTENTS xv xvii 1. THE CONSTITUTIONAL FRAMEWORK I 1. The role of the Security Council 3 2. The Charter 6 3. The rules of procedure 9 4. Custom Functions THE COUNCIL MEETS Formal meetings and informal consultations Convening a meeting Notice of meetings Place of meeting 'Periodic' meetings 'Orientation' and 'exchange of views' meetings Private (closed) meetings Informal consultations Duration of meetings The agenda Rejection of items Interpretation and translation Documents and records Communications THE PEOPLE HO 1. Secretary-General no 2. President Permanent members Non-permanent members Other participants 154 ix

3 6. Permanent missions Groups Regionalism Credentials Representation of China 179 n. Precedence DIPLOMACY AND DEBATE Order of speakers Interrupting the speaker Right of reply Motions, proposals, suggestions 'Precedence motions' (Rule 33) Amendments Statements before or after the vote VOTING Procedural motions Substantive decisions The veto The double veto The 'hidden veto' Abstentions Absence Non-participation in the vote Consensus and unanimity When are decisions binding? RELATIONS WITH OTHER ORGANS Military Staff Committee General Assembly Economic and Social Council Trusteeship Council International Court of Justice Non-Governmental Organizations Appointment of the Secretary-General 321

4 7. SUBSIDIARY ORGANS Organs concerned with Council procedure 334 (a) Committee of Experts 334 (b) Committee on Council Meetings away from Headquarters Organs concerned with membership 338 (a) Committee on Admission of New Members 338 (b) Committee of Experts established at its 1506th meeting (mini-states) Organs concerned with the maintenance of international peace and security 353 (a) Fact-finding missions 353 (b) Peace-keeping operations 356 (c) International tribunals 363 (d) Sanctions committees 365 (e) UN peace-enforcement 374 (f) Other miscellaneous organs for the maintenance of international peace and security Other subsidiary bodies 377 (a) Informal Working Group of the Security Council concerning the Council's documentation and other procedural questions NEW CHARTER, NEW MEMBERS, NEW RULES, NEW WORKING PRACTICES, OR NEW NATIONAL POLICIES? New Charter? New members? New rules? New working practices? New national policies? 411 APPENDICES 413 I. (a) Extracts from the UN Charter 413 (b) Extracts from the Statute of the International Court of Justice 437 II. Provisional Rules of Procedure of the Security Council, as amended 21 Dec xi

5 III. The Yalta formula on voting in the Security Council, 8 June IV. (a) Opinion of the Legal Counsel on relations between the General Assembly and the Security Council, 10 Sept (b) Opinion of the Legal Counsel on relations between the General Assembly and the Security Council, 12 Dec V. Memorandum by the Secretary-General on the procedure to be followed in the election of a member of the International Court of Justice, 24 January Extract 474 VI. United Nations Peace-keeping Operations Details of authorizing resolutions, function, location and duration. 477 VII. Matters of which the Security Council is seized, 10 January S/1997/ VIII. Communications received from private individuals and non-governmental bodies relating to matters of which the Security Council is seized, 3 February S/NC/1996/ IX. The Secretariat's tentative forecast of the programme of work of the Security Council for the month of August X. Resolutions, Notes, and Letters related to procedural developments in the documentation of the Security Council 542 (a) Presidential Note of 30 June 1993 concerning the annual report of the Security Council to the General Assembly, S/ (b) Presidential Note of 27 July 1993 concerning the forecast of the programme of work of the Council, S/ (c) Presidential Note of 31 August 1993 concerning Council documentation, S/ (d) Letter dated 2 June 1995 from Argentina concerning changes to the nomenclature of statements made by the President of the Security Council, S/1995/ xn

6 (e) General Assembly resolution 51/193 of 17 December 1996 concerning the annual report of the Security Council 549 (f) Note by the President [concerning the format of the annual report of the Council to the General Assembly], 12 June S/1997/ (g) Informal briefing note on Blue Draft Resolutions, prepared by the Secretariat, July XI. Aide-memoire concerning the working methods of the Security Council from the Permanent Representative of France, 11 November 1994, A/49/667 and S/1994/ XII. Presidential Statements related to procedural developments in UN peace-keeping: Peace-keeping general: (a) Presidential Statement of 3 May Improving UN capacity for peace-keeping, S/PRST/1994/ (b) Presidential Statement of 22 February Consideration of Supplement to 'An Agenda for Peace', S/PRST/1995/ Peace-keeping consultations and transparency: (c) Presidential Statement of 4 November Meetings between members of Security Council, troop-contributing countries and Secretariat, S/PRST/1994/ (d) Presidential Statement of 16 December Increased recourse to open meetings of Security Council in order to improve flow of information and exchange of ideas between Security Council and other UN Member States, S/PRST/1994/ (e) Presidential Statement of 28 March Strengthening consultation procedures with troopcontributing countries, S/PRST/1996/ Peace-keeping stand-by arrangements: (f) Presidential Statement of 27 July Stand-by arrangements for peace-keeping operations, S/PRST/i 994/ (g) Presidential Statement of 19 December Peacekeeping stand-by arrangements, S/PRST/1995/ xiii

7 XIII. Notes by the President concerning Sanctions Committees of the Security Council (a) Note by the President dated 29 March 1995, S/1995/ (b) Note by the President dated 31 May 1995, S/1995/ (c) Note by the President dated 24 January 1996, S/1996/ XIV. Letter from the permanent members of the Security Council on the humanitarian aspects of sanctions, 13 April 1995, S/1995/ XV. Note dated 26 February 1997 by the Secretary-General, circulated to the Security Council, on the adoption of General Assembly resolution 51/208, entitled 'Implementation of the provisions of the Charter of the United Nations related to assistance to third States affected by the application of sanctions', S/1997/ XVI. Presidential Statement of 26 September Fiftieth anniversary of the United Nations, S/PRST/1995/ XVII. Security Council resolution 984 (1995) of 11 April Assurances to non-nuclear weapons States. 589 XVIII. Statute of the International Tribunal for Rwanda. Annex to Security Council resolution 955 (1994) of 8 November XIX. The first Sydney Bailey Memorial Lecture. Address given by his Royal Highness Crown Prince Hassan bin Talal of the Hashemite Kingdom of Jordan, Westminster Abbey, London, 10 March Select bibliography 611 References 616 Index 671 xiv