哈克否决邦萨的德万安全与全球化时代的国家平等

Battista Pridana Adventura
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引用次数: 0

摘要

安全理事会是联合国协助其维持世界安全与和平任务的机构之一。安全理事会在履行其职责时,以《联合国宪章》第二条第一款所规定的联合国所知的各项原则为指导。其中一项原则是所有成员国的地位或程度平等。但发生的现象恰恰相反,联合国安理会不尊重地位平等,因为众所周知,在做决定时,只有安理会常任理事国才拥有否决权,而且这种权利经常被用来执行外交政策和维护与盟国的利益。看到这种现象,否决权在今天还有意义吗?中方是否试图减少或限制联合国安理会常任理事国行使否决权?这项研究的目的是确定是否有必要改革否决权的使用,顺便说一句,否决权的使用并不符合国家平等的原则。本研究采用规范法学研究。本文的结论是每个国家都有相同的立场,但目前的现象是一个国家拥有强大的力量,会影响到其他国家,正如本文讨论的三个案例所证明的那样,那么否决权就显示了联合国五个创作国相对于其他国家的特权。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
HAK VETO DEWAN KEAMANAN PERSERIKATAN BANGSA-BANGSA DAN ASAS EQUALITY OF THE STATES DALAM ERA GLOBALISASI
The Security Council is one of the organs of the United Nations to assist its task in maintaining world security and peace. In carrying out its duties, the Security Council is guided by the principles known in the United Nations, as regulated in Article 2 paragraph 1 of the United Nations Charter. One of the principles is the equality of position or degrees of all member countries. But the phenomenon that occurs is the opposite, equality of position is not respected in the UN Security Council considering that in making decisions, it is known that there is a veto that only applies owned by a permanent member state of the Security Council and this right is often used to carry out foreign policy and maintain interests with allied countries. Seeing this phenomenon, is the veto power still relevant today? And are there any attempts to reduce or limit the permanent member states of the UN Security Council from exercising that veto? The purpose of this study is to identify whether or not there is a need for reform of the use of the veto power which incidentally is not by the principle of equity of the states. This research uses normative legal research. The conclusion of this paper is every country has the same position, but the current phenomenon is a country that has strong power, will affect other countries, as evidenced by the three cases discussed in this paper, then the veto right shows the privilege for the five founders of the United Nations compared to other countries.
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