Professional Documents
Culture Documents
Security Council
Author(s): Sabine Hassler
Source: Georgetown Journal of International Affairs, Vol. 16, No. 2 (Summer/Fall 2015),
pp. 19-30
Published by: Georgetown University Press
Stable URL: http://www.jstor.org/stable/43773692
Accessed: 07-04-2018 03:28 UTC
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Accessing the World's Most
Exclusive Club
Influencing D
Council
Sabine Hassler
Sabine
Without question, the United Nations Security Council is Hassler PhD,
is a Senior Lecturer at the
an exclusive club with unchanged and seemingly unchange-
Department of Law, Uni-
able central actors and limited temporary membership.
versity of the West of Eng-
As a consequence, matters on its agenda inevitably land.
tendHer tobook Reforming
reflect the concerns of its members. This has left many non-
the UN Security Council
members feeling dissatisfied, frustrated, and excluded, not
Membership: The Illusion
of Representativeness
only with regard to items under review but also in terms of was
published by Routledge in
having their concerns raised and their voices heard. Argu-
20I2.
ably, this "ivory tower" perception is one that undermines
the Council's mission.
[19]
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ACCESSING THE WORLD'S MOST EXCLUSIVE CLUB
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hassler Forum
Summer/Fall 2015 [ 2 I ]
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HASSLER Forum
members deem appropriate for Coun- should be discussed, and (3) matters of
cil action no longer correlates with which the Council is seized, i.e. items
global perceptions of what the Council adopted on the agenda and, in absence
ought to do. Nevertheless, at times the of a Council decision to the contrary,
Council has taken the lead in champi- remain on its agenda indefinitely.1^
oning responses to these new threats to Unfortunately, this also means that the
global security. Thus, despite objec- agenda has become almost unmanage-
tions about whether the Council was able for the Council to deal with, an
issue which has the potential to over-
the correct forum, the United King-
whelm the Council and its ability to
dom, a permanent member, initiated
the Council's first debate on climate deal with a variety of increasingly com-
change on 1 7 April 2 O O J.12, plex matters.
Considering the variety of matters
Gettino An Item on the on the Council's agenda, whether newly
Council's Agenda. Access to the
introduced or proposed for removal,
there is some evidence that although
Council's agenda is not always straight-
forward and may seem unnecessarilycertain issues are indeed driven or at
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HASSLER Forum
ability to maintain sizeable permanent making processes that lie at the heart of
missions, although there are small Council practice. In order for Council
States that succeeded in this quest.22 edicts to be effective, however, a great
Second, a State can ask one of the non- degree of support from the overall
permanent members to speak up on the membership is necessary. Yet, the dis-
matter. However, bearing in mind that tance between the permanent mem-
non-permanent members' stint on the bers, the non-permanent members,
Council is limited itself they are already and non- Council members seemed to
distracted by the brief interval in which be increasing at a time when closer co-
they try to familiarize themselves with operation and consultation is crucial.
the Council's working procedures and This distance was, and in parts still is,
also may try to campaign for re -elec- due to the practice of informal consul-
tion. 23 Or third, a "small" State can tations despite the Council's own Rules
find the favour of, and thus a champion of Procedure advocating open and pub-
in, a permanent member. This, how- lic meetings.2^ Practically speaking, the
ever, is precarious and not necessarily Council tends to break into ever small-
blessed with success. If a champion can er "mini- Councils", holding meetings
be found, and the matter is of interest, in secrecy and without records. Ambas-
time can work in the affected party's sador Jaramillo of Colombia famously
favor. But the longer the smaller State said that he considered these informal
has to lobby the worse the situation consultations "dangerous and unwel-
potentially gets. Thus, the fact that come", especially if it means having
small States have to lobby and find a to stand outside a chamber where a
champion goes against the principle mini- Council is meeting and "beg" for
of a Security Council in a world where pieces of information as a "personal
global threats are becoming increas- favor" from representatives leaving the
ingly pervasive. If small States had more chamber.2^
immediate access without laboring any In an attempt to counter perceptions
of the above, the theory goes, many cri- of inaccessibility and to secure the com-
ses could be addressed more effectively. mitment and support of non- Council
members on issues of global import, the
Informal Means of Consulta- Council adapted its working methods
tion and Participation - On-
and^procedures to increase transparen-
going Reform Efforts. Although
cy.2 Procedurally, the Council has the
power to adopt and adapt its own Rules
it could be argued that the Council and
its agenda are to some extent inacces-of Procedure.2'7 As such, the Council is
sible, much has been done to open upable to react swiftly and innovate when
its proceedings to those traditionallynecessary and circumstances demand.
"left out" of deliberations. The dra- One instance is the much -acclaimed
matic increase in the Council's ambit of Arria Formula through which one
member of the Council can invite other
activity not only has had wide-ranging
members to an informal meeting out-
implications for member-states, it also
side of Council chambers and chaired
shines a spotlight on the exclusion-
ary and at times secretive decision-
by the inviting member. It allows for
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ACCESSING THE WORLD'S MOST EXCLUSIVE CLUB
andoth-
informal briefings by individuals CARICOM.34 Despite a multi-
er than high government officials orsuggestions, however, so far the
tude of
United Nations officials.28 Such Arriaattempt has not been blessed
reform
Formula meetings are used to improve
with success or even progress.
informal consultations and enhance
the Council's "contact with civil soci- Conclusion. Owing to changes in
ety and non-governmental circumstances and thanks to Coun-
organiza-
tions" which, nonetheless comes heav- cil ingenuity both terminological con-
ily caveated.29 Informal methods of straints and procedural hurdles that
participation as enshrined in the UN could have stifled progress have been
Charter, including open or orienta- overcome to some extent, allowing for
tion debates and open briefings, have an ever-wider interpretation of "threat
no doubt improved the situation and to peace and security", gradually allow-
have led to some notable successes, ing small States more influence. That
for example, during the Ebola crisis.30
does not mean that all matters of import
are treated equally, but at least the
Nonetheless, there is a general impres-
sion that matters that make it onto the interpretation of what comes within the
Council's remit has been continually
Council's agenda for its consideration
(or, for that matter, that are left off its
adapted and shows the organ's respon-
agenda), are within a particular (per-
siveness to global changes. Nonetheless,
manent) member's sphere of influence.the Council is not as effective as it could
its potential and capability of dealing Reform has been called for from
with matters arising adequately, the the Council's inception onwards with
Council has done remarkably well structured
in discussions of both member-
making better use of the powers avail-ship and working procedures continu-
ing since 1994. While some progress
able to it, such as creating and making
use of subsidiary organs and adoptinghas
a been made on working procedures,
wide array of matters onto its agenda.31 other issues remain hotly contested.
Membership on the Council falls within
This, of course, is not to say that it has
been equitable in its choices of action, this category and is unlikely to approach
which is why calls for reform beyondconsensus any time soon, evidenced by
working methods and procedures and fact that the matter has been suc-
the
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hassler Forum
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ACCESSING THE WORLD'S MOST EXCLUSIVE CLUB
NOTES
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hassler Forum
(date accessed: 14 February 2015)- Council , S/2011/484, 2 August 20II, Online Internet
16 Press Conference on Impact of Climate http://daccess-dds-ny.un.org/doc/UNDOC/GEN/
Nll/4l5/07/PDF/Nll4l507.pdf?OpenElement
Change on Marshall Islands, Internet. http://www.
un.org/press/en/20i3/i302i5-MI.doc.htm, 15 Feb-(date accessed 14 February 2015).
ruary 2013 (date accessed: 6 January 2015). 24 According to Rule 48, unless it decides
Ed King, "China and Russia block UN Secu- otherwise, the Security Council shall meet in pub-
rity Council climate change action," Respond- lic". (Provisional) Rules of Procedure, S/96/Rev-7,
ing to Climate Change, Internet http://www.rtcc. 1983, Internet, http://daccess-dds-ny.un.org/doc/
org/2013/02/18/china-and-russia-block-un-secu- UNDOC/GEN/N83/400/17/IMG/N8340017.
rity-council-climate-change-action/, 19 February pdf?OpenElement (date accessed: 14 February
2013 (date accessed: 6 January 2015). 2015). See Natalie Reid, "Informal Consultations: a
17 See Letter dated 6 February 20II from the Summary," Global Policy Forum, Internet, https://
Permanent Representative of Cambodia to the United Nationswww.globalpolicy.org/security-council/32943-html
(date accessed: 30 December 2014).
addressed to the President of the Security Council, S/2011/58,
7 February 20II, Internet http://daccess-dds-ny.25 James A Paul, "Security Council Reform:
un.org/doc/UNDOC/GEN/Nll/227/47/PDF/ Arguments about the Future of the United Nations
NlI22747-pdf?OpenElement, (date accessed: System,"
14 Global Policy Forum, Conference on
February 2015). Council reform in May 1994» Internet. https://www.
globalpolicy.org/component/content/article/l85-
18 For an excellent analysis of what "small" States
can contribute, see Baldur Thorhallsson, "Small general/41128-veto-analysis.html, revised February
States in the UN Security Council: Means of Influ-!995 (date accessed: 30 December 2014).
ence?," The Hague Journal of Diplomacy 7 (2012): 135- 26 See UN Security Council, Working Methods
19 See Ukrainian reply on the Question of Equitable Represen-Handbook (2011), Internet, http://www.un.org/en/
tation on and Increase in the Membership of the Security Council,sc/about/methods/ (date accessed: 3 January 2015).
U.N. General Assembly, 48th Session, 27 August 27 Article 30, UN Charter, 24 October 1945»
1993, A/48/264/Add.2: 7» paragraph 4» Internet.I UNTS XVI, available at: Internet, http: //www.
http://daccess-dds-ny.un.org/doc/UNDOC/GEN/unwebsite.com/charter (date accessed 14 Febru-
N93/472/32/IMG/N9347232.pdf?OpenElement ary 2015). See (Provisional) Rules of Procedure,
(date accessed 14 February 2015). S/g6/Rev.7, 1983, Internet. http://daccess-dds-ny.
20 U.N General Assembly, 49*^ Session, 18un.org/doc/UNDOC/GEN/N83/400/i7/IMG/
September 1995» Letter dated 1 5 September 1$S5 fr0171N83400l7.pdf?OpenElement (date accessed: 14
February
the Permanent Representatives of Finland and Thailand to the2015). Although not amended since, Pres-
idential notes have successively clarified its work-
United Nations addressed to the President of the General Assembly,
ing methods and procedures, Internet. http://www.
Agenda Item 33, A/49/965: 8, paragraph II, Internet,
un. org/ en/ sc/ repertoire/ rules/ overview. shtml (date
http : // daccess - dds - ny . un .org/ doc/UND O C/ GEN/
N95/286/62/IMG/N9528662.pdf?OpenElementaccessed: 14 February 2015).
(date accessed 14 February 2015X 28 See James Paul, "The Arria Formula," Global
21 See Schweizerische Eidgenossenschaft, The PGAPolicy Forum, Internet, https ://www.globalpolicy.
Handbook: A practical guide to the United Nations General Assem-org/
component/ content/ article/l85/40°88 .html,
revised October 2003 (date accessed: January 22,
bly (New York: Permanent Mission of Switzerland to
the United Nations, 20Il), 29- 2015).
22 See Colin Keating, "The United Nations 29 See U.N Security Council, 6lst Year, 20
Security Council: Options for Small States", December 2006, Note by the President of the Security
Council, S/2006/507: II, paragraph 54, S/PV.560I:
Internet, http://www.securitycouncilreport.org/
atf/cf/%7B65BFCF9B-6D2 7-4E9C-8CD3- 13, Online Internet http://daccess-dds-ny.un.org/
CF6E4FF96FF9%7D/Media%2 0Small%2 0 doc/UNDOC/PRO/No6/672/22/PDF/No667222.
pdf?OpenElement (date accessed February 14,
States%2 oReykjavik.pdf, Reykjavik, Iceland, l6June
2008 (date accessed: 3 January 2015), and Audrey 2015). Generally, see Security Council, Working
Young and Claire Trevett, "NZ wins seat on Secu- Methods Handbook, "Background Note on the
rity Council: "Victory for the small states"," The "Arria
New -Formula" Meetings of the Security Coun-
cil Members," Online Internet http://www.un.org/
paland Herald, Internet, http://www.nzherald.co.nz/
en/sc/about/methods/bgarriaformula.
nz/ news/ article . cfm ? c_id = I &obj ectid =11343853» 1 7 shtml, (date
October 2014 (date accessed: 3 January 2015). accessed: 3 January 2015).
23 In an effort to facilitate their orientation, 30 See U.N Security Council, 6lst Year, l8
workshops for newly elected and present Council September 2014, Agenda: Peace and Security in
members are held. See, for instance, U.N. Security Africa, Ebola, S/PV.7268: page 2/50, Internet.
http://daccess-dds-ny.un.org/doc/UNDOC/PRO/
Council, Letter dated 1 August 2011 from the Permanent Repre-
Ni4/538/6i/PDF/Ni45386i.pdf?OpenElement
sentative of Finland to the United Nations addressed to the President
(date
of the Security Council, Annex: " Hitting the ground running": accessed 14 February 2015) for an extensive list
of participants
eighth annual workshop for newly elected members of the Security in the meeting pursuant to Rule 37 of
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ACCESSING THE WORLD'S MOST EXCLUSIVE CLUB
the Council's Provisional Rules of Procedure. Previ- Representatives and Permanent Observes to the United Nations,
ously, the German representative had expressed New his York , Internet, http://www.un.org/en/ga/presi-
appreciation at an open briefing held on 22 March dent/67/letters/pdf/Security%20Council%20
2000 in connection with the situation in Bosnia and Reform%20-%20Chair%20letter%20-%20l7%20
Herzegovina. Mr Kastrup, U.N. Security Council, January%2020I3.pdf (date accessed: 24 March
55th Year, 22 March 2000, Agenda: The situation 2015).
in Bosnia and Herzegovina, S/PV.4117: 16, Internet, 34 See Donn Bobb, "CARICOM calls for over-
http : / / daccess - dds - ny . un . org/doc/UND O C/PRO/haul
of UN Security Council," United Nations
N00/354/39/PDF/N0035439.pdf?0penElement Radio, Internet, http://www.unmultimedia.org/
(date accessed 14 February, 2015). See Friedrichradio/ english/ 2 0 1 3/1 i/car ico m - calls - fo r - overhaul -
Soltau, "The Right to Participate in the Debatesof-un-security-council/, 8 November 2013 (date
of the Security Council," ASIL Insights 5» n<>- !3»accessed: 24 March 2015).
Online Internet http://www.asil.org/insights/vol- 35 Leland Goodrich, Edvard Hambro and Anne
ume/5/issue/l3/right-participate-debates-security- Simons, Charter of the United Nations (3rd ed.,
council, 2 October 2000 (date accessed: 3 January New York: Columbia University Press, 1969), 645-
2015). And see U.N. General Assembly, 69th Plenary Meet-
31 A power conferred by Article 29, UN Char- ing, 3 December 1993» Question of equitable representation
ter, and procedurally dealt with under Rule 28, on and increase in the membership of the Security Council, A/
(Provisional) Rules of Procedure, S/96/Rev.7, RES/48/26, Online Internet http: //daccess- dds -
1983, Internet, http://daccess-dds-ny.un.org/doc/ny.un.org/doc/RESOLUTION/GEN/NRo/7il/lO/
UNDOC/GEN/N83/400/17/IMG/N8340017. IMG/NRo7HIO.pdf?OpenElement (date accessed:
pdf?OpenElement (date accessed: 14 February 14 February 2015) deciding to create an Open-Ended
2015). To highlight its practice and its effortsWorking
to Group on the Question of Equitable Representation on and
become more transparent in its working meth- Increase in the Membership of the Security Council and other mat-
ods, Highlights of Security Council Practice are published
ters related to the Security Council.
annually. See Security Council, Internet, http://36 U.N. General Assembly, 68th Session, 8
September 2 014, Question of equitable representation on
www. un . o rg/en/ sc/ documents/highlights . shtml (date
accessed: 27 January 2015). and increase in the membership of the Security Council and related
32 There was the 'Uniting for Consensus' pro-
matters, A/68/PV.106, Internet, http : //daccess -dds -
ny.un.org/doc/UNDOC/GEN/Ni4/528/l6/PDF/
posal, A/59/L.68, July 21, 2005, Internet, http://
daccess-dds-ny.un.org/ doc/UNDOC/LTD/ Nl4528l6.pdf?OpenElement (14 February 2015).
No5/434/76/PDF/No543476.pdf?OpenElement 37 -This author has analysed the various propos-
(date accessed: 24 March 2015)- More recent devel-als and their viability in Sabine Hassler, Reforming the
opments include the efforts by the UN Security Council Membership: The illusion of representativeness
33 See Letter dated 1J January 2012 to all Permanent(Abingdon: Routledge, 2013).
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