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Reforms in UN Security Council

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News

• India and France have emphasized the need for effective and reformed multilateralism in order to address urgent global issues, maintain a just and peaceful international order, and get the world ready for new developments.

About the talk

• Prime Minister Narendra Modi and French President Emmanuel Macron emphasized during their meeting the pressing need for UN Security Council reform, according to the France Joint Statement and they demanded that text-based negotiations at the UN’s Intergovernmental Negotiations begin as soon as possible;
• France reaffirmed its unwavering support for India’s UNSC permanent membership and the two leaders decided to have more in-depth discussions about how to govern the use of the veto in cases involving mass atrocities.
• Both leaders declared their solidarity with the Israeli people and vehemently denounced the terrorist attack that occurred on October 7th of last year.
• They emphasized the necessity of upholding international humanitarian law and establishing the necessary frameworks to allow aid to reach the Gaza region’s impacted populace and additionally, both leaders demanded that all hostages be released immediately and without conditions.
• They also voiced serious concerns about the potential for the conflict to spread farther throughout the region, especially the Red Sea, which already has a big influence on global trade. They emphasized how crucial it is to preserve both the international law of the sea (UNCLOS) and the freedom of navigation in the Red Sea.

UNCLOS

• An international agreement that creates the legal foundation for marine and maritime activities is the 1982 United Nations Convention on the Law of the Sea (UNCLOS);
• Another name for it is the Law of the Sea. The territory sea, contiguous zone, exclusive economic zone (EEZ), high seas, and internal waters are the five main zones into which marine areas are divided;;
• It is the only international agreement that establishes guidelines for state authority over maritime areas. It grants various maritime zones distinct legal statuses;
• It serves as the foundation for coastal states’ and those navigating the oceans’ offshore governance;
• It gives particular guidelines for the rights and responsibilities of states in the five concentric zones in addition to classifying the offshore areas of coastal states.

Various Terms

Baseline: As officially recognized by the coastal state, it is the low-water line along the coast.

Internal Waters:

• The waters on the landward side of the baseline, which is used to measure the territorial sea’s breadth, are known as internal waters;
• Like its land territory, every coastal state has complete sovereignty over its internal waters. Bays, ports, inlets, rivers, and even lakes that are connected to the sea are examples of internal waters;
• Internal waters do not grant anyone the right of innocent passage;
• The term “innocent passage” describes traveling across waters that do not endanger safety and tranquility. Nations, however, are free to pause the same.

Territorial sea

• It extends up to 12 nautical miles from the baselines;
• A nautical mile is equivalent to one minute of latitude and is based on the circumference of the earth. A nautical mile is equivalent to 1.1508 land miles or 1.85 km, which is a little bit more than a land measured mile;
• Over the territorial sea, the coastal states have jurisdiction and sovereignty. These rights cover not just the surface but also the subsurface, the seabed, and even the air. However, the innocent passage through the territorial sea limits the rights of the coastal states.

Exclusive Economic Zone (EEZ)

• Any coastal state that stretches seaward up to 200 nautical miles from its baselines may claim an EEZ that is outside of and adjacent to its territorial sea;
• A coastal state has the following sovereign rights within its EEZ i.e. the ability to explore, exploit, conserve, and manage natural resources of the seabed and subsoil, whether they are living or nonliving;
• In contrast to the contiguous zone and territorial sea, the EEZ exclusively grants the resource rights listed above. With very few exceptions, it does not grant a coastal state the authority to restrict or outright ban overflight or freedom of navigation.

High Seas

• The term “high seas” refers to the ocean’s surface as well as the water column that extends past the EEZ;
• It is outside of national borders and regarded as “the common heritage of all mankind;”
• States are allowed to operate in these areas for non-military purposes like transportation, marine science, and underwater exploration.

UNSC Reforms

About the UN:

• After the Second World War, 51 nations came together to form the United Nations, an international organization, and at the moment, 193 Member States comprise it;
• The goals and tenets outlined in the United Nations’ Founding Charter of 1945 serve as the foundation for the organization’s work and mission;
• The United Nations (UN) is composed of six main bodies: the UNGA, UNSC, ECOSOC, Trusteeship Council, ICJ, and UN secretariat;

About the UNSC:

• Members of UNSC:
  • Ten elected members and five permanent members—China, the United States, France, the United Kingdom, and Russia—who each have the ability to veto decisions make up the Security Council;
  • The General Assembly elects the ten non-permanent members, who have two-year terms, based on their regions;
  • These regions include five from Asia and Africa, one from Eastern Europe, two from Latin America, and two from Western Europe;
  • The presidency of the group is alternated monthly among its members. A unanimous vote of P-5, who have the authority to veto (or reject) any resolution, and the affirmative vote of nine members decide the matter.
• UNSC Role:
  • Among the UNSC’s main responsibilities is preserving world peace and security. Conduct inquiries into any conflict or circumstance;
  • suggest ways to resolve them or modify the terms of the agreement; and develop strategies for the creation of an armaments control system.
• UNSC Powers:
  • As the only UN body with the power to impose binding resolutions on member states, it assesses whether there is an act of aggression or a threat to peace and suggests appropriate action;
  • It has the authority to request that Members impose economic sanctions and take other non-lethal measures to halt or prevent aggression;
  • It can impose blockades, approve collective military action, and halt diplomatic and economic ties between nations.

Why there is a demand for UNSC reform?

• Insufficient Representation: The UN Security Council’s effectiveness is hampered by its insufficient representation, with Africa’s 54-country absence being the most notable example. The world’s problems now are intricate and linked. The absence of geopolitical and geoeconomically significant nations’ representation at the highest security summit is excluding a sizable portion of the world’s opinion. Moreover, the absence of globally significant nations like South Africa, Germany, Brazil, India, and South Africa from the UNSC permanent members list is concerning;
• Misuse of Veto Power: Referred to as a “self-chosen club of the privileged” and non-democratic, veto power has been consistently criticized by numerous experts and most States. It prevents the Council from making essential decisions whenever they disagree with any member of the P-5. Furthermore, it is inappropriate for elite decision-making structures to direct the current state of global security;
• Geopolitical Rivalry within P5: The UNSC has been unable to devise efficient mechanisms to address global issues due to the geopolitical rivalry among its permanent members. Using the current global order as an example, the P5 members i.e. China, Russia, and the United States—are three poles on the periphery of the globe that are involved in a number of geopolitical issues, including the Russia-Ukraine War and the Taiwan Issue;
• Endangerment of national sovereignty: The UN Security Council is in charge of maintaining peace and resolving conflicts, which poses a threat to state sovereignty. Unlike the General Assembly, its decisions (called resolutions) are binding on all member nations. This implies that any state’s sovereignty may be infringed upon by means of action, including the imposition of sanctions, when required.

Source: newsonair

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