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Notes on Legal Questions Concerning the United Nations:The So–Called “Double Veto”

Published online by Cambridge University Press:  26 May 2017

Yuen–li Liang
Yuen–li Liang*
Affiliation:
Division of Development and Codification of International Law, United Nations Secretariat
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Type
Current Notes
Information
American Journal of International Law , Volume 43 , Issue 1 , January 1949 , pp. 134 - 144
Copyright
Copyright © American Society of International Law 1949

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References

1 Article 27 of the Charter reads in full as follows:

“1. Each member of the Security Council shall have one vote.

“2. Decisions of the Security Council on procedural matters shall be made by an affirmative vote of seven members.

“3. Decisions of the Security Council on all other matters shall be made by an affirmative vote of seven members including the concurring votes of the permanent members; provided that, in decisions under Chapter VI, and under paragraph 3 of Article 52, a party to a dispute shall abstain from voting.’’

2 Security Council, Official Records (3rd Year), No. 56, p. 2.

3 U. N. Doc. 8/P.V. 288, April 29, 1948, pp. 2–70.

4 In accordance with the Provisional Rules of Procedure of the Security Council (Rule 38), a proposal or a draft resolution submitted by a Member who has been invited to participate in the discussions “may be put to a vote only at the request of a representative on the Security Council.”

5 U. N. Doc. S/P.V. 288, April 29, 1948, p. 96.

6 Ibid.

7 U. N. Doc. S/P.V. 114, Feb. 27, 1947, p. 97.

8 Ibid., at p. 46.

9 U. N. Doc. S/P.V. 288, April 29, 1948, pp. 101–105.

10 Ibid.

11 U. N. Doc S/P.V. 303, May 24, 1948, pp. 6–10.

12 Ibid,., at pp. 21–25.

13 Ibid., at pp. 66–70.

14 Ibid. In favor of considering the question as one of procedure: Argentina, Belgium, Canada, China, Colombia, Syria, United Kingdom, United States; against: Ukrainian S.S.E. and U.S.S.B.; abstained: France.

15 Ibid., at pp. 76–80.

16 Ibid., at p. 71. Presumably he was referring to the 49th Meeting of the Security Council, July 11, 1946, when the Security Council under the presidency of Mr. Castillo Nájera (Mexico) was dealing with the Spanish question: Security Council Journal (1st Year), No. 42, p. 841. Mr. Nájera said: “The conclusion that I draw is that in accordance with the present circumstances, if it is to be decided whether a question is one of procedure or substance, it is necessary to accept one or other alternative by seven votes, but the five permanent members must concur.”

17 U. N. Doc. S/P.V. 303, May 24, 1948, p. 71.

18 Ibid., at pp. 72–75.

19 Ibid., at pp. 76–80.

20 Ibid., at pp. 81–85, 86, 91–95.

21 Ibid., at pp. 81–85.

22 Ibid., at pp. 81–85, 86; U. N. Doc. S/P.V. 288, April 29, 1948, pp. 96 and 146; U. N. Doe. S/P.V. 300, May 21, 1948, p. 66.

23 U. N. Doc. S/P.V. 303, May 24, 1948, p. 16.

24 Ibid., at pp. 87–90.

25 Ibid., at p. 27. Part I I of the Four-Power Statement reads in substance as follows:

“1 . In the opinion of the delegations of the Sponsoring Governments, the draft Charter itself contains an indication of the application of the voting procedures to the various functions of the Council.

“2 . In this case it will be unlikely that there will arise in the future any matters of great importance on which a decision will have to be made as to whether a procedural vote would apply. Should, however, such a matter arise, the decision regarding the preliminary questions as to whether or not such a matter is procedural must be taken by a vote of seven members of the Security Council, including the concurring votes of the permanent members.”

28 Rule 30 of the Provisional Rules of Procedure of the Security Council reads as follows:

“If a representative raises a point of order, the President shall immediately state his ruling. If it is challenged, the President shall submit his ruling to the Security Council for immediate decision and it shall stand unless overruled.”

27 U. N. Doc. S/P.V. 303, May 24, 1948, pp. 111–115.

28 Ibid., at p. 126. Argentina, Belgium, Canada, China, Colombia and Syria voted against the President’s ruling; the Ukrainian S.S.E. and the U.S.S.E. voted in favor; France, the United Kingdom and the United States abstained.

29 The original French is: “en faveur de l’annulation de 1’interpretation que j’ai donnée tout à l’heure: six voix; deux en sens opposé; trois abstentions. Dans ces conditions, la décision que j’ai prise subsiste.”

30 Ibid., at pp. 137–140. In favor of the Chilean draft resolution: Argentina, Belgium, Canada, China, Colombia, France, Syria, United Kingdom and United States; against: the Ukrainian S.S.B. and the U.S.S.R.

31 U. N. Doc. S/P.V. 303, May 24, 1948, pp. 145–146.

32 IT. N. Doc. S/P.V. 288, April 29, 1948, pp. 141–145.

33 U. N. Doc S/P.V. 303, May 24, 1948, p. 41.

34 U. N. Doc. S/P.V. 300, May 21, 1948, p; 61.

35 Ibid., at pp. 67–70.

36 Par. 8, Part I, Statement of the Four Sponsoring Powers.

37 U. N. Doc. S/P.V. 300, May 21, 1948, p. 66.

38 TJ. N. Doc. S/P.V. 303, May 24, 1948, pp. 13–15.

39 U. N. Doc. S/P.V. 288, April 29, 1948, pp. 116–120.

40 Ibid.

41 U. N. Doc. S/P.V. 303, May 24, 1948, pp. 11, 12.

42 Ibid., at pp. 21–25.

43 Ibid.

44 Ibid., at p. 26.

45 Supra, p. 138.

46 U. N. Doc. S/P.V. 303, May 24, 1948, p. 27.

47 See footnote 25 above.

48 U. N. Doc. S/P.V. 303, May 24, 1948, p. 26.

49 Ibid.

50 Ibid., pp. 29–30.

51 U. N. Doc. 8/P.V. 300, May 21, 1948, p. 76.

52 U. N. Doc. 8/P.V. 303, May 24, 1948, p. 12.

53 Ibid., at pp. 86–90; U. N. Doc. S/P.V. 300, May 21, 1948, p. 56.

54 U. N. Doc. 8/P.V. 303, May 24, 1948, p. 16.

55 Ibid., at p. 17.

56 Security Council, Journal, No. 42, July 11, 1946, p. 822.

57 Ibid., at p. 834.

58 Ibid.

59 Ibid., at p. 841.

60 Ibid., at p. 864.

61 Report of the Interim Committee, U. N. Doc. A/578, July 15, 1948, p. 5.

62 Ibid., at p. 13.

63 Ibid., at p. 14.

64 Ibid.