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Currently, technological advances, the forces of globalization and nuclear proliferation are among the many issues, which challenge nation-states. In 1945, when the UN was established, none of these issues were relevant in the international system. Amendments to the UN Charter have sought to deal with the changing aspects of the international system, whether it is bi-polarity or the end of the colonialism. However, does the UN’s Charter adequately represent the needs of the global community? Is the Charter relevant to international society today?
The Charter if the United Nations was signed on June 26, 1945 and came into effect in October of the same year. Since then Articles 23, 27 and 61 were amended in December of 1963 and all came into force in August of 1965. An additional amendment to Article 61 came into effect in September of 1973. Article 109 was also amended and came into force in June of 1968. Articles 23 enlarges the Security Council from 11 to 15, while the amendment to Article 27 says that on procedural matters an affirmative vote is need by 9 members of the Security Council. On all other matters, an affirmative vote of 9 members is needed, including the concurring votes of the 5 permanent members of the SC. Previously, only seven affirmative votes were needed. The amendment to Article 61 increased the membership of the Economic and Social Council from 18 to 27 and a subsequent amendment increased it to 54. The amendment to Article 109 states that the place and date to review the charter may be decided by two-thirds of the General Assembly and 9 members of the Security Council. Originally only 7 members of the Security Council were needed.
These amendments, which largely deal with increasing the number of members and of votes needed are very relevant and definitely justified. While the original numbers may have been accurate for the period at the end of WWII, they do not represent the rapidly changing world that the UN was faced with. The period directly after the end of WWII saw a drastic increase in the amount of sovereign nations due to the decline in colonialism. To ensure that there was representation and active involvement in voting and membership, it was necessary for the UN to reflect this growth. Furthermore, the onset of the Cold War effectively split the UN down an east-west divide. As a result, the UN became a battleground between ideologies of the US and the Soviet Union, with many member nations folded under either side. By enlarging the non-permanent members of the Security Council, there was more room for negotiation and agreement. However, many decisions remained hampered by the veto of the US or the USSR. By increasing membership, the UN effectively ensured smaller nations a voice in international affairs and attempted to move attention away from the east-west division. While the UN tried to adapt to a changing environment, its charter requires some modification. More emphasis needs to be placed on the issues surrounding globalization and the advent of supra-national institutions and laws. Though the UN charter states that the organization is based on “the principle of the sovereign equality of all of its members” there are certain aspects of the charter, particularly the International Court of Justice, which directly threaten the sovereignty of nations. In addition, certain wording is particularly out of date. When defining enemy state, Article 53 states that it applies “to any state which during the Second World War has been an enemy of any signatory of the present Charter.” This is obviously no longer the case and therefore, this part of the article should be amended.
Overall, the amendments to the UN Charter were justified and necessary. However, there are certain areas where the Charter could be updated to make it more relevant to the current international system. As the number of international organizations, supra-regional governments and international treaties grows, the UN must make itself as relevant to the needs of the international community to ensure its continued success.