Chapter 11 - Collective Self-Defense
The UN
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What was the League of Nations?
 How well did it work?
What did the world's nations promise in Article
2(4) of the U.N. Charter?
 How well has that worked?
What is the political history of the UN?
How was it regarded by conservatives before the
Gulf War?
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ARTICLE 39
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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 and restore international peace and
security.
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ARTICLE 40
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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.
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ARTICLE 41
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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.
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ARTICLE 42
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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 actions
may include demonstrations, blockade, and other
operations by air, sea, or land forces of Members
of the United Nations.
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ARTICLE 43
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1. All Members of the United Nations, in order to
contribute to the maintenance of international peace and
security, undertake to make available to the Security
Council, on its call and in accordance with a special
agreement or agreements, armed forces, assistance, and
facilities, including rights of passage, necessary for the
purpose of maintaining international peace and security.
2. Such agreement or agreements shall govern the
numbers and types of forces, their degree of readiness
and general location, and the nature of the facilities and
assistance to be provided.
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ARTICLE 51
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Nothing in the present charter shall impair the
inherent right of individual and collective selfdefense if an armed attack occurs against a
Member of the United Nations, until the Security
Council has taken measures necessary to
maintain international peace and security. . . .
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Effect of the Articles
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What would an Article 43 agreement create?
Why has there never been an Article 43
agreement?
How does this constrain UN peace-keeping
actions?
How does Article 51 allow collective self-defense
outside of UN control?
Why doesn't the UN Charter ban anything but UNmediated actions?
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Triggering the UN Provisions
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How does the voting work on the Security
Council?
How is the membership determined?
How does this act as a brake on the UN
Resolutions interfering with US sovereignty?
Why does it make the UN ineffective in
superpower proxy wars?
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Executing the UN Charter
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When was the United Nations Participation Act
passed?
What does the United Nations Participation Act
direct the president to do?
 it directs the President to report any Security
Council enforcement actions to the Congress.
 It also authorizes the President to implement
any economic sanctions approved by the
Security Council.
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Statutory Rules
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What is the limitation on presidential action under
Article 43?
What is the President allowed to do under Article
42 without consulting with Congress?
What about non-military aid?
What if the president sees supporting the UN
forces as important to US national security?
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Funding UN Actions
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Can Congress cut off funding for troops loaned to
the UN?
Is this any different from other troop actions?
What if the UN comes up with money to support
them?
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Korea
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Remember materials from the Youngstown case
Did the US commit troops before the UN resolution?
 Why?
Did Truman ask Congress to authorize the use of troops?
 Why?
 Why did Truman argue that supporting South Korea
was essential to preserving the UN?
Why didn't the Soviets veto the UN action?
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Police Actions
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Are UN actions like Korea and the Gulf War, wars?
What is a police action?
Does this have any meaning in customary
international law?
What about as regards congressional powers?
Could Congress also declare war in a UN Action?
What would this mean?
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First Gulf War
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What made Iraq our ally in the 1980s?
What did we think was the real threat?
What did Resolution 660 say?
Resolution 661?
What did Bush I do?
Why did he not need congressional permission
for this?
 What did the UN Participation Act allow?
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War Powers Resolution
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Did Bush I comply with the WPR?
Was there a joint resolution supporting the buildup?
What did the appropriations bills say?
What did Resolution 678 provide?
What did Bush I say about asking Congress for
permission to invade Kuwait?
What did he ask for and why?
Did he get the resolution?
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Restrictions on the Bush I's Powers
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What did the resolution require before moving on
Iraq?
Did Bush I make these findings?
In retrospect, did Bush I do what he should have
done to authorize the war?
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