Participation Rights of Non-Member States of the Security Council: A Commentary on Articles 31 and 32 UN Charter

Abstract

The rights of non-member states of the Security Council to participate in the deliberations of the Council are limited. Non-member states which are parties to a dispute have a right to participation pursuant to Art.32 of the UN Charter. According to Art.31 of the UN Charter, other states may participate in the deliberations of the Security Council if their interests are “specially affected.” Additionally, the Security Council is empowered to extend the right of participation to individuals and organizations. Given the binding powers of the Security Council, the paper discusses whether non-members are granted adequate opportunities to be heard in the deliberations of the Council and whether a State’s right to participate can be assumed once its special interests are affected. The paper demonstrates that, notwithstanding the liberal participation practice of the Security Council, ongoing reforms should encourage greater transparency, accountability and inclusiveness.

Keywords: public international law, United Nations, Security Council, participation rights, Art. 31 and 32 UN Charter