Limitations of The UN Charter; from a liberal institutionalist lens

Abstract

Wars, invasions, and other diplomatic and political conflicts are recurrent phenomena in today’s world. Since the formation of the UN on October 24, 1945, nations are still defying international law, international agreements and conventions (a very current example would be the Russian invasion to Ukraine). Despite that, the UN is constantly working on building bridges among nations, establishing ways to cooperate, and developing new coordinated action plans targeting various global issues. While media and opposition portray the UN as inactive and inefficient, the organization is evidently active on ground (based on various studies by multiple political institutes and research centers). Indeed, being present on ground in places where the most hazardous crises take place and the most dangerous organizations and entities are located, the UN surely works on preserving human rights, promoting peace, supporting the marginalized, and ensuring sustainability and development. As UN Foundation Founder and Chairman Ted Turner has written, “The UN does what no country can do alone. …In an interconnected world, we all have a stake in ensuring human dignity for every person.” (UN Foundation, October 2021) Building on that, the UN – like any other political/international affairs/intergovernmental organization – faces restrictions and limitations. As a matter of fact, the most common limitations would be the pillars of integrity, sovereignty, efficiency in implementation of resolutions, as well as the concept of quotas that each member state must pay. In the UN’s case, the major focus of its efforts is in eradicating wars and international peace and security (Diplomatic Bluebook, MOFA Japan, 1977). Therefore, this research will first discuss the issues of sovereignty, international peace and security, and the right for collective self-defense; and second, the limitations and restrictions which hinder UN’s global efforts, namely the Security Council resolutions; viewing it from a liberal standpoint. Hence, the core purpose of this research is to review the UN charter and its limitations – from a liberal institutionalist perspective - and whether the UN can achieve its cardinal objectives - the maintenance of international peace and security, the promotion of the well-being of the peoples of the world, and international cooperation - efficiently and effectively. Furthermore, this research aims to answer several questions that revolve around the major discourses and elements that had been previously mentioned. To begin with, what are the limitations that the concepts of state sovereignty (article 2) and international peace and security (chapter 7) pose on the UN’s course of action? Second, in what ways might individual self-defense and collective self-defense (articles 50 and 51), breach state sovereignty (article 2)? Lastly, how can the UNSC ensure efficiency, preserve state sovereignty, and promote international peace, having the present limitations? All in all, this research paper will extensively explore the concepts of sovereignty, international peace and security, and collective self-defense as addressed in the UN charter. Aside from that, it will be answering the research questions that draw a relation between those concepts and the way the UN functions and accentuates within the present limitations in the charter.