Re:Russia Has Illegally Gained UN Security Council Seat. It ...
by dragonwriter on Sunday February 27, 2022 @07:15PM
(#30494387)
> The article implies that the correct procedure for succession was not followed, but this is not true.
Based on what text in the Charter?
> When a country splits up, as the USSR did, the legal precedent is for all of the resulting states to come to an agreement on succession.
“Legal precedent” means something was challenged and ruled on by a court or similar adjudicative body prior to the time relevant to the breakup of the USSR; please cite the case? In any case, the objection is not based on “legal precedent”, but on the express text of the Charter.
(Also, the consensus-of-successors approach you describe is not the practical precedent at the UN; other split-ups that do not leave the original entity intact but with smaller territory have had the UN seat lapse and the new states separately admitted. Of course, none of those have held permanent UNSC seats; the breakup of the USSR was a sui generis case for which there really was no precedent, legal or practical, in that respect.)
Based on what text in the Charter?
> When a country splits up, as the USSR did, the legal precedent is for all of the resulting states to come to an agreement on succession.
“Legal precedent” means something was challenged and ruled on by a court or similar adjudicative body prior to the time relevant to the breakup of the USSR; please cite the case? In any case, the objection is not based on “legal precedent”, but on the express text of the Charter.
(Also, the consensus-of-successors approach you describe is not the practical precedent at the UN; other split-ups that do not leave the original entity intact but with smaller territory have had the UN seat lapse and the new states separately admitted. Of course, none of those have held permanent UNSC seats; the breakup of the USSR was a sui generis case for which there really was no precedent, legal or practical, in that respect.)