A Study On The Mechanism Of The Security Council Authorized The Use Of Force

The Security Council authorized the use of force is a collective security action way which the Security Council deliver the e right of execution to use force measures to the member states instead. According to the provisions of the Article 39 of the Charter of the United Nations,the Security Council has the right of decontamination to determine the existence of any threat to the peace,breach of peace,or act of aggression,and the right of execution to use coercive measures.The coercive measures including peaceful sanction accordance with Article 41 and armed enforcement action accordance with Article 42.Furthermore,Articles 43 to 47 in Chapter â…¦ has stipulated that enforcement action should be implemented by "the UN forces",and be commanded by the Military Staff Committee established by the Security Council.However,The development of the situation had not been carried out in accordance with the Charter,the cold war began shortly after the United Nations was founded,the confrontation between the two political and military groups in the United States and the Soviet Union made it impossible to establish "the UN forces" accordance with Article 43,and then,the enforcement action also became a dead letter. Without the implementation of enforcement action, the UN collective security system was another League of Nations.Therefore the Security Council had to authorize the member states to use of force accordance with Chapter â…¦,and it is a flexible method which UN had to choose,and a pragmatic choice under the international situation.After a long practice,this flexible method has replaced the enforcement action accordance with Chapter â…¦,becomes the action way to implement coercive measures.Besides,It has formed a lot of practices in the principle,regulation,norm and decision-making process,and these practices make it become an international mechanism.Obliviously,the mechanism is derived from the collective security mechanism,so there are many problems and shortages in its legitimacy, standardization and effectiveness,and trigger many arguments in the practice.This paper attempts to use the theory of international mechanisms to comprehensively discuss the problems of the United Nations Security Council authorized the use of force, and try to put forward the relevant suggestions of reform and improvement.Chapter 1 focuses on the evolution of the Security Council authorized the use of force. It is divided into three periods:the establishment period from the Security Council authorized the use force in Korea as a previous case as example to Gulf War. The expanding of domain of application of principals of authorized the use force to domestic issues in Bosnia and Herzegovina, Libya and Congo; Expanding of targets of the application of authorized the use force to terrorism as non-traditional security threats and transnational crime.Chapter 2 focuses on the legitimacy of the Security Council authorized the use of force. As this mechanism is not issued in the Chapter and is always manipulated by great powers which results in deviation from the principal of UN, the mechanism has evoked enormous disputes since its establishment. On the basis of the analysis of previous studies on the issue, we concludes that although this mechanism is not written into the Chapter, it can be implicated the Security Council authorized the use of force can be accepted in accordance to the original, derivative mechanisms and the power theory of international organizations.Chapter 3 focuses on the standard of the Security Council authorized the use of force. As it is not issued literally in the Chapter, and rather it is established and evolves in the process of practice of securing the peace, problem exists with the standards. The vagueness and extensiveness of the wording as well as content, added with the deficiency of supervision and control very often results in the lack of standards in the practice of the Security Council authorized the use of force, which thus suffers from much criticism.Chapter 4 focuses on the efficiency of the Security Council authorized the use of force. Observed from the previous practice, the Security Council authorized the use of force has made achievements as well as suffered from failure. Not only the problems of derivative mechanism including the principal, regulation, rule and decision-making, but also political reality that it is hard for international mechanism to play a role in international politics that result in the problem of efficiency of the Security Council authorized the use of force.Chapter 5 focuses on the reforming and improvement of the Security Council authorized the use of force. Based on the previous analysis, this paper concludes that it is necessary to revise Chapter and issue formal documents to legalize the derivative mechanism and make it a formal one. More specifically, the mechanism should be improved and perfected, document should be issued to legalize the action and evaluation mechanism of the practice of the force usage.Conclusion in this paper has a discussion of the importance of the Security Council authorized the use of force to China. As a permanent member of the UN Security Council, is now playing a more and more important role in international affairs. On action of authorizing resolution to use force, China not only has the veto power, but also stands for the benefits of the developing countries. Thus China should seek more influence on the international affairs. The paper at the same time gives suggestions on the stand and attitude China should have in the case of Security Council authorized the use of force. This paper, at the final part, also provides us with strategies on this issue in the future.