A Duty to Give Reasons in the Security Council: Making Voting Transparent

74 Pages Posted: 3 Jan 2016

See all articles by Daniel Moeckli

Daniel Moeckli

University of Zurich, School of Law

Raffael N Fasel

University of Cambridge - Faculty of Law

Date Written: January 1, 2016

Abstract

In recent years, the U.N. Security Council has repeatedly come under criticism for its inaction in the face of serious violations of international law. As a means to prevent further deadlocks, this article advocates the introduction of a duty to explain votes cast in the Council. In certain situations, such a duty to give reasons already exists today, although it is not implemented. We propose to extend this duty to all votes in the Security Council and to codify it in its Provisional Rules of Procedure. A comprehensive duty to give reasons has three major virtues: it increases the quality of Council decisions, it enhances legal certainty, and it improves the accountability of the Council and of its members. As opposed to structural reforms, our proposal does not necessitate amending the U.N. Charter and thus does not depend on the consent of the Council’s permanent members.

Keywords: Security Council, veto, rule of law, transparency, accountability, duty to give reasons, discourse theory

JEL Classification: K33

Suggested Citation

Moeckli, Daniel and Fasel, Raffael N, A Duty to Give Reasons in the Security Council: Making Voting Transparent (January 1, 2016). Available at SSRN: https://ssrn.com/abstract=2710027 or http://dx.doi.org/10.2139/ssrn.2710027

Daniel Moeckli (Contact Author)

University of Zurich, School of Law ( email )

Raemistrasse 74/50
CH-8001 Zurich
Switzerland

Raffael N Fasel

University of Cambridge - Faculty of Law ( email )

10 West Road
Cambridge, CB3 9DZ
United Kingdom

HOME PAGE: http://https://www.law.cam.ac.uk/people/rn-fasel/77852

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