Maintenance of international peace and security is the main purpose of the United Nations, just as it was the main purpose of its predecessor, the League of Nations. This duty is primarily assigned to Security Council in the form of collective security. The Charter of the United Nations authorized Security Council to take appropriate action even can use force. However, the centralization of the use of the force – be it in a state or in a true international organization is a contentious issue. Besides it some of other nominal issues are also discussed.
Charter talks of state equality but critical political powers are reserved to five strongest states by giving them dominant role in the Security Council. There must be some restriction over the functioning of Security Council. It does not incorporate a constitutional theory of check and balance as is incorporated in municipal law. The veto power act as a functional limitation but the use of veto power resultant into paralysis of Security Council. In this circumstance working of another principle organ ICJ becomes important in resolving the dispute. This has been evident from Libya Vs U.S., Libya Vs U.K. famously known as Lockerbie case in the light of Charter and customary international law. Further co-relate relationship between council and court with respect to resolution 731 and 748.
There is a need to re-draft this Constitutional document to fulfill the aspiration of world community. It is necessary to create a just and healthy world order by expanding Security Council and made it more democratic.
DR. Akhilesh Kumar Pandey
