The politics of constitutional law in the United Nations

This article is written by Subhashmin Moharana of 2^nd semester of National Law University Odisha

Abstract

Within the vast tapestry of the United Nations (UN)[1], a clandestine waltz unfolds, shrouded in the politics of constitutional law. This captivating tale explores the interplay between the UN Charter’s lofty ideals and the cunning manoeuvres of powerful nations. With a masterful stroke, they wield their influence, manipulating the implementation of this international constitution to serve their own agendas. The shadows cast by conflicting interpretations and self-serving interests cloak the true spirit of the Charter. The Security Council, adorned with the gilded privilege of veto power, becomes an arena where power tussles and grandstanding threaten progress. Can the enigmatic spell be broken? By unravelling the intricacies of this dance, we delve into the heart of the UN’s constitutional realm, seeking to shed light on its hidden machinations and reveal a path toward a more harmonious symphony of global governance.

Key words: United Nations, Politics, Powerplay, International law, Constitutional Law.

Introduction

“Constitutional politics in the United Nations” refers to the interplay of political factors and considerations in the development, interpretation, and application of constitutional principles in the UN framework. This includes the various political dynamics, power struggles and conflicts of interest among Member States that shape the debate and outcome of constitutional decisions within the United Nations. Constitution in the context of the United Nations refers to the principles and norms that guide the functioning of the organization and the legal framework that governs the rights and obligations of Member States and individuals within the United Nations system. It includes principles such as human rights, national sovereignty, democratic governance, and the rule of law. Understanding constitutional politics in the United Nations requires analysing how different member states with different political ideologies, interests and power relations control and influence the development and implementation of constitutional norms. I have. It also examines the challenges and controversies arising from conflicting interpretations, enforcement mechanisms, and adherence to these constitutional principles. In addition, UN constitutional policy considers the role of regional blocs, alliances, and great powers in shaping constitutional decisions. These actors often wield influence and negotiate on their behalf, leading to complex political dynamics that influence the development and effectiveness of constitutions within the United Nations system. Examining constitutional politics in the United Nations explores the underlying power dynamics and policy considerations that influence the formation, interpretation and implementation of international constitutional norms and shape the landscape of global governance and human rights protection.

The United Nations and Constitutional Law

The United Nations (UN) is an international organization established in 1945 with the objective of advancing peace, security, and participation among countries. Whereas the UN is known for its endeavours in strategy, peacekeeping, and compassionate work, it moreover plays a critical part within the domain of constitutional law. Constitutional law alludes to the standards and rules that administer the working of a political substance, regularly a nation-state[2]. It builds up the system for administration, diagrams the rights and obligations of people, and sets limits on the exercise of control. Within the case of the UN, constitutional law takes on a special measurement because it works inside a universal setting, enveloping the rights, duties, and intuitive of its member states. One of the key capacities of constitutional law within the UN is to set up the lawful system that administers the organization itself[3]. The UN Constitution, embraced in 1945, serves as the essential constitutional report, laying out the purposes, standards, structure, and powers of the UN. It sets up the Common Get together, the Security Board, and other organs, characterizing their capacities and decision-making forms. The Constitution moreover ensures certain rights and opportunities to part states, such as the rule of autonomous balance and the correct to self-determination. Additionally, the UN plays a crucial part within the advancement and promotion of worldwide protected standards. It has been instrumental within the creation and selection of various human rights rebellious, counting the All-inclusive Announcement of Human Rights, the Worldwide Contract on Gracious and Political Rights, and the Universal Contract on Financial, Social, and Social Rights. These rebellious set up crucial rights and opportunities that part states are anticipated to uphold. The UN’s part in protected law amplifies to advancing democratic governance and the run the show of law. Through its different bodies and specialized organizations, the UN helps part states in fortifying their lawful and legal frameworks, supporting electoral processes, and advancing good governance practices. It too encourages exchange and participation among states to address constitutional issues, such as constitutional changes, transitional equity, and constitutional building forms in post-conflict social orders. In any case, the crossing point of legislative issues and protected law inside the UN cannot be ignored. The organization works in a complex geopolitical scene where part states have different interface and political belief systems. Thus, the advancement and elucidation of universal constitutional standards regularly include perplexing political arrangements and compromises.[4] Effective states apply influence and lock in in conciliatory manoeuvrings to shape choices on protected law issues, sometimes leading to pressures and contradictions. The legislative issues of protected law in the UN are advance complicated by the presence of territorial alliances and alliances. These bunches advance common interface and positions, impacting the dialogs and results related to protected law inside the organization. They serve as stages for part states to facilitate their positions, advocate for their concerns, and impact decision-making forms. In conclusion, the United Countries plays a crucial part within the domain of protected law, both in setting up its claim legitimate system and in advancing worldwide constitutional standards. It serves as a stage for part states to talk about and address protected issues, particularly in connection to human rights, democratic administration, and the run the show of law. Nevertheless, the legislative issues of constitutional law inside the UN presents complex elements formed by control battles, competing interface, and territorial unions. Understanding and exploring this political flow is basic for comprehending the improvement, translation, and application of constitutional law within the United Countries. 

Importance of Constitutional Law in International Governance

The United Nations (UN) is an international organization founded in 1945 with the main purpose of promoting peace, security, and cooperation among nations. The UN serves as a platform for member states to engage in diplomacy, negotiate agreements, and jointly address global challenges. Politics at the United Nations involves a complex web of interactions and decision-making between member states.

General Assembly:

The General Assembly is the main deliberative body of the UN, where all 193 member states are equally represented. Each member state has one vote, and decisions on critical issues such as budgets, peacekeeping operations and admission of new members require a two-thirds majority. The General Assembly discusses various political, economic, and social issues, and its resolutions act as recommendations but are not legally binding.

Security Council:

The United Nations Security Council is responsible for maintaining international peace and security. It consists of fifteen members, of which 5 are permanent members with veto power (China, France, Russia, the United Kingdom, and the United States) and 10 are elected non-permanent members. The Security Council can impose sanctions, authorize military intervention, and establish peacekeeping missions. However, the veto power of permanent members can sometimes prevent decisive action on certain issues.

Economic and Social Council (ECOSOC):

ECOSOC is one of the main organs of the United Nations and serves as a forum for member states to discuss economic, social, and environmental issues. It coordinates the work of various specialized agencies, funds, and programs within the United Nations system. ECOSOC also plays a role in formulating policy and recommendations on development issues and promoting international cooperation.

Secretariat:

The Secretariat is the administrative body[5] of the UN, where the Secretary-General heads the body. The UNGA on the recommendation of the Security Council, appoints the Secretary -General. The Secretariat supports the work of United Nations agencies, conducts research, provides policy advice, and implements programs and initiatives. The Secretary-General also acts as a diplomatic figure, participating in high-level negotiations and representing the UN to the world.

Regional groups and alliances:

Member states often form regional groups to coordinate their positions and facilitate negotiations within the United Nations. These groups, such as “The Africa Group”, “The Asian Group”, “The Eastern European Group”, “The Latin American” and “The Caribbean Group”, “The Western European Group”, and others, play an important role in advancing regional interests and promoting regional interests. regional cooperation.

Lobbying and diplomacy:

Politics at the United Nations involves intensive lobbying and diplomacy by member states, often aimed at gaining support for their positions, gaining allies, and influencing the process. make decision. Countries use a variety of strategies, including forming alliances, attending bilateral meetings, speaking out, drafting resolutions, and engaging in negotiations to shape outcomes and advance national interests.

While the UN provides a platform for dialogue and cooperation, political dynamics within the organization can be complex and sometimes fraught with pitfalls. Different national interests, different political positions and geopolitical rivals can influence decision-making and limit the effectiveness of the UN in addressing global issues. Nevertheless, the United Nations remains an important arena for multilateral diplomacy and a forum for addressing pressing global challenges. 

Power Dynamics among Member States

Given the potentially chaotic nature of the international community in which the United Nations operates, and the sovereign equality of its most important and leading key state actors, the United Nations seeks to promote international peace and peace as humankind has never done before. The most sophisticated political technology ever created and developed. To maintain international security. Not just India but several other Developing and underdeveloped, least developed countries seek representation at the international level. This system of temporary representation does not provide justice to those marginalised countries where UN mostly acts because of lack of government and unity in those areas. It becomes more important to give representation to Asia and Africa unlike the present scenario because the major world population comes from these areas. Needless to say, about the present system of permanent membership, several eminent authors oppose it except those benefitting from it. The global scenario has changed manifolds and the same rules and perceptions do not work.

“As far as the Least Developed Countries are concerned, at the centre of this enormous challenge are two crucial tasks: (i) reform of the international economic order, created at the end of World War II, allegedly to protect only the interest of the dominant powers (particularly the developed, industrialised and market-economy countries of the North) at the expense of the other members of the international community; and (ii) introduction and enhancement of the values of justice, fair play and equity in the management of global order.”[6]

In the conduct of the nation’s foreign policy, this seemingly preeminent organization of world institutions is committed to the principles of multilateralism to which the Nigerian state has historically attached great importance. Nigeria’s political action at the United Nations do generally be drawn by over-idealism and prudent enthusiasm, but there is an active belief that reforms are necessary if the international institution itself is to continue applicable in the changing international conditions. This belief exists in Nigeria, and indeed around the globe. While the Government of Nigeria has welcomed these reforms, it is clear that a second reform avenue, involving the restructuring of the Security Council, is becoming increasingly important for Nigeria.

To give a clearer idea of representation at the UN, let’s look at the present permanent members, they are China, France, Russia, United Kingdom, United States. Now let’s look at the top economies of the world. United States, China, Japan, Germany, United Kingdom, India, France, Italy, Canada, South Korea. If we want to talk about representation of population, let’s see the population charts, India, China, USA, Indonesia, Pakistan, Nigeria, Brazil, Bangladesh, Russia, Mexico. The Russia Ukraine war clearly depicted the misuse of veto powers by the UNSC permanent council members. There is no need to blame Russia since the same has happened during several wars in Israel-Palestine, Syrian war, etc. Most countries on the UN Security Council believe Israel is to blame for the violence in Gaza, except the USA. The US has vetoed any resolution aimed at denouncing Israel. The United States has used its veto power more than 40 times to defend Israeli interests.

There are also increasing demands for the EU to be represented in the UN Security Council, as other EU countries are affected by the representation of the UK and France. The concept of Active actor idea of ​​the EU as an international actor have become an important perspective for analysing the EU’s foreign policy. Like most studies on the EU in international organizations, EU studies on the United Nations have been introverted, ignoring the external environment in which the EU and its member states operate. While the status quo can explain birth and change, the literature on EU foreign policy shows that EU academics still tend to rely on EU reforms, particularly when evaluating the EU’s performance at the UN. Surprisingly little attention has been paid to the influence of the UN as an external environment that directly influences and influences EU activities. Global roles and responsibilities feed into regional roles and responsibilities, both on paper and in practice.

Cases relating to powerplay at the United Nations

The power play at the United Nations (UN) is complex, there are many things that affect many countries and issues. Here are some notable examples of UN power play dynamics.

Cold War Era:

Sanctions were applied in the post-Cold War period[7]. Financial coercion has become a tool used by suppliers to change the way the target works. The criminal record, once derided as an ineffective tool, has been upgraded to the positive influence of this foreign tool. In this publication, he presents the newly developed EU-SANCT database to track changes in sanctions imposed on EU, UN, and US governments from 1989 to 2015. Working to identify the conditions under which our shippers do business, we provide a new synthetic database. In particular, AB SANCT will enable the research community to examine questions about the governance, impact, and effectiveness of trade sanctions in the post-Cold War era. Additionally, EU SANCT leads the study of the sanctions system in the EU, which has become the second largest for financial sanctions in international politics (see Weber and Schneider, 2020)). Our initial statistics show that EU sanctions appear to be more effective than US sanctions, which are still the most difficult type of sanctions. While triple sanctions have not increased since the Cold War, the sanctions used have changed:  Due to the increasing power in the face of the economic crisis, the decision-making process has become more strategic. This is reflected in different manifestations of the approach of the EU, UN, and the US, which may explain the difference in sanctions. Recognizing that excessive sanctions can have a negative impact, political leaders often choose carefully when they consider when it is possible for a country’s economy to achieve its goals (Schneider et al., 2020). The EU-SANCT research team examines the extent to which economic sanctions were established and enforced after the fall of the Berlin Wall. A good decision about case selection and specific actions requires further analysis of the supplier’s decision. It is not yet clear where recent administrative and civil litigation will affect the frequency, planning and effectiveness of future sanctions.

Iraq and the United States:

Amid the US-led UN endeavours to address the debate between the Joined together States and Iraq, the Joined together Countries played an essential part in endeavouring to oversee the pressures and maintain a strategic distance from outfitted struggle. The period driving up to the 2003 Iraq War was characterized by seriously conciliatory transactions, resolutions, and assessments beneath the administration and impact of the Joined together States.

US-driven Security Board Resolutions:

The Joined together States, as a key player inside the UN Security Chamber, pushed for the selection of a few resolutions pointed at incapacitating Iraq and guaranteeing its compliance with universal commitments. Resolutions such as Determination 687, which built up the terms of the ceasefire, and Determination 1441, which requested Iraq’s full participation with weapons reviews, were basically championed by the Joined together States.

US-backed Weapons Reviews:

The Joined together Countries Checking, Confirmation, and Review Commission (UNMOVIC) and the Universal Nuclear Vitality Organization (IAEA) conducted weapons assessments in Iraq to confirm its demobilization. These reviews were unequivocally bolstered and empowered by the Joined together States as portion of its endeavours to guarantee Iraq’s compliance with UN resolutions and to find out the presence of weapons of mass pulverization (WMDs). The Joined together States played a noteworthy part in forming the motivation and needs of the reviews.

US-led Discretionary Endeavours:

The Joined together States utilized the UN as a stage for its conciliatory transactions and discourses with Iraq and other significant parties. The Joined together States initiated endeavours to discover a tranquil determination to the emergency, emphasizing the significance of Iraq’s full compliance with its demobilization commitments. Political activities proposed by the Joined together States pointed to turn away military activity and secure Iraq’s participation.

US-led Fusion Building:

The Joined together States took the lead in building a fusion of willing nations that backed its position on Iraq. This consolidation included nations that adjusted themselves with the US position and were arranged to require military activity in the event that essential, exterior the system of the UN. The Joined together States effectively looked for bolster for its approach both inside and exterior the Security Committee.

Divisions inside the UN:

The US-led endeavours to address the US-Iraq disputes moreover revealed divisions within the UN, particularly within the P5 on UNSC. Whereas a few nations, counting the Joined together States and the Joined together Kingdom, supported for a more self-assured approach towards Iraq, others, such as France, Russia, and China, communicated reservations and called for proceeded political endeavours.

Questionable US-led Military Activity:

In spite of conciliatory endeavours inside the UN, the Joined together States, beside its amalgamation accomplices, eventually chosen to dispatch a military intrusion of Iraq without express authorization from the Security Chamber. This choice was met with blended responses inside the UN and activated wrangles about almost the authenticity of the US-led mediation.

The US-led UN endeavours amid the US-Iraq debate reflected the critical impact and emphaticness of the Joined together States inside the organization. Whereas the UN given a stage for conciliatory arrangements and assessments, the ultimate decisions and activities were to a great extent driven by the Joined together States and its fusion accomplices. The encounter highlighted the complexities and challenges of adjusting national interface with collective security inside the UN system.[8]

Power relations in the Security Council:

The five permanent members of the Security Council (P5) – the United States, Russia, China, France, and the United Kingdom – wield great power within the United Nations through their veto powers. P5s often participate in power games, using their influence to formulate resolutions, protect interests, and discourage actions against their preferences. This can lead to lack of consensus and hinder effective decision making.

Geopolitical conflict:

Geopolitical conflicts and disputes occur frequently within the United Nations. For example, the ongoing conflict between Israel and Palestine has seen significant changes, with various countries and blocs taking sides and using their influence to develop resolutions or block actions. It creates power relationships.

North-South divide:

The power play is also reflected in the North-South gap, which refers to the gap between developed and developing countries. Developing countries often challenge the dominance of developed countries within the United Nations system and seek to promote more equitable decision-making processes. They form alliances and coalitions to make their voices heard and advance their interests, sometimes leading to power struggles with developed nations. It is important to note that the power game at the United Nations is a complex and ongoing process influenced by many factors, including geopolitical interests, ideologies, and historical dynamics. These cases provide insight into the dynamics that have shaped the functioning and decision-making processes of the United Nations over time. 

Conclusion

In conclusion, this paper has examined the politics of constitutional law within the United Nations (UN), focusing on the implementation and politicization of the UN Charter. The analysis reveals the complexities and challenges associated with the interplay between the UN Charter’s principles and the interests of powerful nations. The implementation of the UN Charter is often subject to political dynamics, as powerful nations leverage their influence to advance their own agendas. This politicization can manifest in the manipulation of UN processes, selective adherence to international legal obligations, and the use of veto powers within the Security Council. Diverging national interests and differing interpretations of the Charter’s provisions can hinder its effective implementation. Disagreements over issues such as state sovereignty, intervention, and collective security have been particularly contentious within the realm of constitutional law in the UN. To address these challenges, it is essential to foster transparency, inclusivity, and accountability within the UN. Mechanisms for dialogue, negotiation, and consensus-building should be strengthened to promote a more balanced and effective implementation of the Charter. Additionally, efforts to ensure equitable representation and accountability in decision-making processes, particularly within the Security Council, are crucial. By actively addressing the politics of constitutional law, the UN can enhance its effectiveness in promoting global peace, security, and cooperation, and uphold the principles outlined in the UN Charter. Continued research and analysis in this area are necessary to inform and shape efforts towards a more just and equitable international order.

---

[1] United Nations, “Global Issues,” available at: https://www.un.org/en/global-issues  (last visited on 19/05/23)

[2] Goldsmith, J., & Levinson, D. (2009). Law for states: international law, constitutional law, public law. Harvard Law Review, 1791-1868. This paper says about the contrast between ever evolving International law and constitutional law which boxes up laws in clear cut inflexible boundaries.

[3] B.Fassbender. “The meaning of international constitutional law.” In Towards World Constitutionalism, pp. 837-851. Brill Nijhoff, 2005.

[4] W.M. Reisman, “The constitutional crisis in the United Nations.” American Journal of International Law 87, no. 1 (1993): 83-100. This issue is critical now because, though the world of big and small and strong and weak states reflected in the United Nations Charter persists, the sharp asymmetries of 1945 have given way to complex international interdependencies. In this new world order, constitutional arrangements about the maintenance of peace and security, if they are to be effective, require more and more cooperation between large and small states.

[5] K. A. Annan, (2010). A concise encyclopedia of the United Nations. H. Volger (Ed.). Leiden/Boston: Martinus Nijhoff.

[6]  A. Adeniji “Power and representation at the United Nations: A critique of Nigeria’s bid for permanent seat in the Security Council.” (2005) 61 Ind. L.J. 116.( https://journals.sagepub.com/doi/abs/10.1177/097492840506100205?journalCode=iqqa ) last seen on 19/05/23 See: Power and Representation at the United Nations: A Critique of Nigeria’s Bid for Permanent Seat in the Security Council  Introduction The United Nations has been’ described as a huge and imposing theatre of conflict of interests, of competition of values, and of cooperation in search of solutions to common problems

[7] Ibid, The Cold War’s end has brought constitutional law to the forefront, internationally. The UN Charter is part of this process, but understanding its achievements and potential requires clarifying policies and considering alternatives.

[8] Ibid See, as a world power, the United States has often exercised its influence within the United Nations. For example, in the run-up to the 2003 Iraq War, the United States actively sought the assistance of the Security Council to authorize military action. Faced with objections from some members of the Council, the United States has demonstrated its ability to pursue a coalition of like-minded nations outside the United Nations, bypassing the United Nations if necessary.