Chapter VII of The United Nations Charter - Historical Background

Historical Background

The United Nations was established after World War II and the ultimate failure of diplomacy despite the existence of the League of Nations in the years between the First and Second World War. The Security Council was thus granted broad powers through Chapter VII as a reaction to the failure of the League. These broad powers allow it to enjoy greater power than any other international organ in history. It can be argued that the strong executive powers granted to it give it the role of 'executive of the international community' or even of an 'international government'.

The covenant of the League of Nations provided, for the first time in history, enforcement of international responsibilities (i.e. adhering to the Covenant of the League of Nations) through economic and military sanctions. Member states were also obliged, even without prior decision by the council to take action against states that acted unlawfully in the eyes of the League's Covenant. This meant that the peace process was largely dependent on the willingness of member states, because the Covenant of the League of Nations did not provide binding decisions; The Council of the League was only responsible for recommending military force. As well as this, Article 11 paragraph 1 of the Covenant states

(in the event of war or threat of war the League should) take any action that may be deemed wise and effectual to safeguard the peace of nations.

This can be seen as an authorization of the use of force and other enforcement measures, however, states repeatedly insisted that this did not make decisions by the League binding.

This resulted in an unprecedented will by both the powers at the Dumbarton Oaks Conference and the states present at the San Francisco Conference to submit to a central organ like that of the Security Council. Despite long debate over whether the General Assembly should also have power over decisions made by the Security Council, it was eventually decided by a large majority vote that the Security Council should maintain its executive power because, as the major powers emphasized, a strong executive organ would be needed for the maintenance of world peace. This emphasis was advocated in particular by the Chinese representative, recalling the powerlessness of the League during the Manchuria Crisis.

Read more about this topic:  Chapter VII Of The United Nations Charter

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