Das Veto in eigener Sache
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Contributors
Abstract
Unsurprisingly, Russia as a permanent member of the Security Council used its
veto against a Security Council draft resolution that would have condemned
Russia’s war of aggression. This raises fundamental questions about the
existence of a duty to abstain. Accordingly, this article examines limitations to
the veto power in the Security Council in cases in which a state is acting on its
own behalf. The article argues that from both article 27(3) of the UN-Charter
and the principle of good faith follows a duty to abstain in such a case.
However, the legal consequences of a violation of this duty are unclear. Thus,
the General Assembly should ask for an advisory opinion by the International
Court of Justice.
veto against a Security Council draft resolution that would have condemned
Russia’s war of aggression. This raises fundamental questions about the
existence of a duty to abstain. Accordingly, this article examines limitations to
the veto power in the Security Council in cases in which a state is acting on its
own behalf. The article argues that from both article 27(3) of the UN-Charter
and the principle of good faith follows a duty to abstain in such a case.
However, the legal consequences of a violation of this duty are unclear. Thus,
the General Assembly should ask for an advisory opinion by the International
Court of Justice.
| Translated title of the contribution | The Veto on One's Own Behalf |
|---|
Details
| Original language | German |
|---|---|
| Pages (from-to) | 28-32 |
| Journal | Vereinte Nationen : Zeitschrift für die Vereinten Nationen und ihre Sonderorganisationen |
| Volume | 71 |
| Issue number | 1 |
| Publication status | Published - 2023 |
| Peer-reviewed | No |