Achieving international security and order. A realistic approach to the effect of proposals of reform of the United Nations

Résumé 0

"For the last ten years, the United Nations Organization hasbeen discussing the need of reform1, and that discussion hasbecome more important as the world lives now –contrary tothe purposes of international law– an evident situation ofinsecurity and disorder.In analyzing the problem of effectiveness of international lawand international rules dealing with security and defense3, it isworth asking whether not only the institutions and structure ofthe United Nations Organization (UN) shall be reformed, butalso whether its legal and juridical constitution, that is, theUnited Nations Charter (hereinafter the UN Charter) shall bereformed as well. And the answer is yes, but cautioning thatany reform will have only a political impact, that sometimeswill be tantamount to a juridical one and sometimes not4.After summing up some proposals brought in by some Statesas well as the overall reform project, this essay tries to explainthe international law that is effective, by ultimately identifyingan axiom, and by briefly suggesting some proposals that takeinto account a point of balance between a set of realisticinternational norms and the current geopolitical scenario,which entails mainly two groups of entities: first, a set ofdemocratic regimes versus a set of non-democratic regimes;and second, a set of high income entities versus a set of middleand low income entities5. Such political and economic reality makes the functioning of the UN Charter —as designedtoday— a failing one as it does not respond justly andefficiently to the challenges of the current situation6.This essay that seeks to answer questions related to the UnitedNations reform effectiveness is divided in two sections. Thefirst section is the introductory one where the state of the questionand the definition of some terms are presented. The second sectionwhich is divided in two sub-sections contains a synthesis thatexplains the state of the question and the analytical part wherethe reader will find the bulk of my essay and my mainsuggestions regarding the state of the question."