Transcript Special Session on North Korea

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1945
1950
1778
Present
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index)(KZ236 1776b )
9 yr
T.I.A.S. (KZ235.32 .U54)
U.S.T.: United States Treaties and Other International Agreements
T.I.A.S.: Treaties and Other International Acts Series
Bevans: Treaties and Other International Agreements of the United States
International & Foreign Law
Search, Liu
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Special Session on North Korea
• 1. Whether has NK breached international law? If yes, what law?
Why is NK obligated not to develop nuclear bombs, while some
other nations have already had such weapons?
• 2. What could have been done to prevent the "provocative test"?
• 3. What recourses can the concerned parties (U.S., China, Russia,
Japan and South Korea) take to punish NK?
• 4. Why is it difficult for China to cut off food and energy aid to NK
even after the test?
• 5. What options does the U.S. have to deal with this issue?
• 6. How would Republicans and Democrats react to the test in next
few weeks? Is any impact of the provocative test on the upcoming
election in November?
Research Method
• Where to start?
– Primary Sources?
– Secondary Sources?
• The value of news analysis
– Accurate?
– In-depth?
– Comprehensive?
• The value of scholarly writings
UN Charter Chapter 7 and the
Power of the Security Council
•
Article 39 The Security Council shall determine the existence of any threat to the peace,
breach of the peace, or act of aggression and shall make recommendations, or decide what
measures shall be taken in accordance with Articles 41 and 42, to maintain or restore
international peace and security.
•
Article 40 In order to prevent an aggravation of the situation, the Security Council may,
before making the recommendations or deciding upon the measures provided for in Article
39, call upon the parties concerned to comply with such provisional measures as it deems
necessary or desirable. Such provisional measures shall be without prejudice to the rights,
claims, or position of the parties concerned. The Security Council shall duly take account
of failure to comply with such provisional measures.
•
Article 41 The Security Council may decide what measures not involving the use of armed
force are to be employed to give effect to its decisions, and it may call upon the Members
of the United Nations to apply such measures. These may include complete or partial
interruption of economic relations and of rail, sea, air, postal, telegraphic, radio, and other
means of communication, and the severance of diplomatic relations.
•
Article 42 Should the Security Council consider that measures provided for in Article 41
would be inadequate or have proved to be inadequate, it may take such action by air, sea,
or land forces as may be necessary to maintain or restore international peace and security.
Such action may include demonstrations, blockade, and other operations by air, sea, or
land forces of Members of the United Nations.
The Security Council (1)
• Membership in 2006
The Council is composed of five permanent
members — China, France, Russian Federation,
the United Kingdom and the United States —
and ten non-permament members (with year of
term's end):
• Argentina (2006)Greece (2006)Qatar
(2007)Congo (Republic of the) (2007)Japan
(2006)Slovakia (2007)Denmark (2006)Peru
(2007)United Republic of Tanzania (2006)Ghana
(2007)
The Security Council 2
• The Presidency of the Security Council is held in turn by the
members of the Security Council in the English alphabetical order of
their names. Each President holds office for one calendar month.
• Ten non-permament members, elected by the General Assembly for
two-year terms and not eligible for immediate re-election. The
number of non-permanent members was increased from six to ten
by an amendment of the Charter which came into force in 1965.
• Each Council member has one vote. Decisions on procedural
matters are made by an affirmative vote of at least nine of the 15
members. Decisions on substantive matters require nine votes,
including the concurring votes of all five permanent members. This
is the rule of "great Power unanimity", often referred to as the "veto"
power.
Nuclear Non Proliferation Treaty
• Opened for signature in 1968, the Treaty
entered into force in 1970. A total of 187 parties
have joined the Treaty, including the five
nuclear-weapon States.
• The Treaty establishes a safeguards system
under the responsibility of the International
Atomic Energy Agency (IAEA).
• Article VIII, paragraph 3, provides a review of the
operation of the Treaty every five years.
Non Proliferation Treaty
• First pillar: non-proliferation
• Second pillar: disarmament
• Third pillar: the right to peacefully use
nuclear technology
The comprehensive Nuclear
Test-Ban Treaty
• The Treaty was opened for signature on
24 September 1996 and it will remain
open for signature until its entry into force,
in accordance with article XI.
•
China’s Options
• Major provider of food and fuel
• Loss of face
• Delicate relations with the U.S.