The United Nations is an international organization founded in 1945. It is obvious that the status quo from that year cannot reflect the needs of present world. Because of this fact it is necessary to approach a reform. But the question is what the reform should deal with. There are plenty of reforming efforts in discussion. These proposals do not take into consideration only the reform of the Security Council but also other bodies within United Nations. In my thesis I will focus only on reforming the Security Council as a main body of the whole organization that should be able to react on security threats flexibly. The feasibility of UN reform depends on the agreement of the permanent members that can due to their veto right block any of the proposals. And for the time being, they use their privilege to do so because they are afraid of limitations of their rights and position. We cannot come up only with a clear proposal how to reform but also it is necessary to focus on the proper arguments why the permanent members should agree with the reform. The main target of the following master thesis is to find out whether the reform is feasible based on accessible information with respect to hindrances and positions of permanent members that are currently more passive than active.

A new era of wars and instability have left the world shaken with the civil wars in Syria and Libya. Although there are many similarities with Syria and Libya, the two states did not have the same end due to actions by the United Nations Security Council. Libya resulted in a military humanitarian intervention, while Syria did not. Studies about the Security Council usually focuses on the actions of the Permanent Five members who holds institutional power and influence over the council, mostly due to their quantitative economic and military power, leaving smaller states, the non-permanent members out of research. The point of this study is to fill in the lacuna of the studies on the non-permanent members to see they behave in the council by how they problematize the crisis in Syria and Libya. This paper compares the discourses of Colombia, Portugal and South Africa, three of the non-permanent members of the Security Council between 2011-2012 in how they speak about the decision to intervene in Libya and not in Syria. To conduct my normative study I use Tal Dingott Alkopher’s study on Military Humanitarian Intervention Norms by analysing speeches found in UNSC meeting protocols that regarded Syria and Libya. I do this to find evidence for how these non-permanent members argue for or against norms of intervention. My results show that the non-permanent members are more aligned with intervention norms for Libya rather than Syria.

The aim of this research was to find out whether or not the use of the veto by one or more of the permanent members in the UNSC had an impact on the behaviors of the warring parties by looking at the interventions that would be imposed by the Council. Much of the research on this topic looks at what it takes for a conflict to get to the UNSC and what happens after sanctions are put into place, but what about if the resolution does not receive support and is not adopted? Two cases are looked at using the structured focused comparison method in relation to two conflict periods in the Kosovo conflict, before the veto (during-UNSC) and after the veto (post-UNSC) asking the question how can the use of the veto in the UNSC by one, or more, of the permanent members of the Security Council impact a conflict? The evidence collected shows that the hypothesis was not supported due to there not being a large change in the behavior of the warring parties from one conflict period to the next. The conclusion shows that the impact by the UNSC on the conflict was not severe.

La fin de la guerre froide, marquée par l'accord retrouvé des cinq grandes puissances membres permanents au Conseil de sécurité de l'ONU, au lieu de connaître un déclin dans les interventions militaires extérieures de celles-ci, a vu au contraire leur nombre se multiplier, ce qui portait atteinte à la règle générale, considérée comme une norme impérative (de jus cogens), celle de l'interdiction du recours à la force dans les relations internationales. Malgré les tentatives de justification des différentes interventions de grande envergure, menées au nom de la sécurité collective (interventions autorisées par le Conseil de sécurité) ou unilatéralement, celles-ci se sont écartées des prescriptions du droit international et de la Charte des Nations unies. En conséquence, elles s'avèrent à des degrés divers des actions entachées d'illégalité En effet, elles ont été fondées sur des interprétations extensives des dispositions de la Charte ou en violation de celles-ci, voire en violation des résolutions du Conseil de sécurité lui-même, ainsi qu'on peut le percevoir à travers les grandes interventions menées en Irak par les coalisés en 1991, celles de l'OTAN au Kosovo en 1999, des États-Unis en Afghanistan, à travers l'occupation américano-britannique de l'Irak en2003, l'intervention de la Russie en Géorgie (2008), de l'OTAN en Libye (2011) et celle de la France au Mali (2013). Cela n'a pas manqué de relancer le débat, récurrent dans les instances internationales concernées, sur la nécessité de réformer le Conseil de sécurité (élargissement de sa composition et règlementation du veto) ainsi que d'instituer un véritable contrôle de légalité sur ses actes. / The end of the cold war, marked by the agreement between the five major permanent member states of the United Nations Security Council, instead of a decline in their external military interventions, has, on the contrary, increased in number, which detracted from the general rule, considered as an imperative norm Qus cogens), that of the prohibition of the use of force in international relations. Despite the attempts to justify the various large-scale interventions carried out in the name of collective security (interventions authorized by the Security Council) or unilaterally, they have departed from the requirements of international law and the United Nations Charter. As a result, they appear to be in varying degrees to illegal actions. Indeed, they have been based on extensive interpretations of the Charter or on the breach of it or even in violation of the resolutions of the Council Security itself, as can be seen from the major interventions carried out in IRAK by the allies in 1991, those of NATO in KOSOVO in 1999, the US in AFGHANISTAN, through the US and British occupation of IRAQ in 2003, the intervention of Russia in GEORGIA (2008), NATO in LIBYA (2011) and that of FRANCE in MALI (2013). This did not fail to revive the debate, recurrent in the international bodies concerned, on the need to reform the Security Council (enlargement of its composition and regulation of the veto) as well as to establish a real contrai of legality on its acts.

博士(法学) / Doctor of Laws / 同志社大学 / Doshisha University

Reform of the UN Security Council and a stumbling block associated with it - abstract This thesis deals with matter of the Security Council reform, the most crucial body of the United Nations. It examines approaches of eleven specific countries which are divided into two groups. The first group is comprised by permanent members of the Security Council, the second one by states which, in case of their creation, could claim new permanent seats in this body. This thesis examines not only their real policies, but also their policies from theoretical - specifically neorealistic - point of view. Two different hypotheses were deduced from neorealism which were tested and subsequently evaluated as (in)valid. Hypothesis emerging from a standard neorealism put emphasis on policy whose goal is to maintain, alternatively to increase a state's autonomy (autonomy-seeking policy). International organizations are viewed as entity which limits, to some extent, this autonomy. On the other hand, hypothesis emerging from a modified neorealism put emphasis on policy whose goal is to gain, alternatively to increase influence on other actors (influence-seeking policy). On the contrary, within this policy international organizations are an useful entity because it is possible to achieve such an influence by means of them. In the...