Rules of Procedure

Provisional Rules of Procedure

• Soviet Union considered adoption of working methods substantive matter -> veto applied while no agreement between P5

• allows UNSC to adapt to the evolving international landscape, geopolitical dynamics, and changing norms and practices

  -> ensures flexibility

• no set rules -> room for interpretation

  • not a problem of legality, but rather of legitimacy

  • Who can hold UNSC accountable if there are no set rules?

• generally not binding in terms of legal international norms, but binding in terms of the work of the body itself

  • alternative view: binding through subsequent practice

Repertoire of the Practice

• provides comprehensive coverage of the UNSC’s interpretation and application of the Charter and its own Provisional Rules of Procedure

  -> source of information regarding the evolving practice of UNSC

• mandated by UNGA in 1952

• important in terms of transparency and legitimacy

Working Group on Documentation and Other Procedural Questions

• subsidiary organ of UNSC (Art. 29)

• established in 1993 to improve the process by which the Security Council addresses issues concerning its documentation and other procedural questions

  • enhance the efficiency and transparency of the Council’s work, as well as interaction and dialogue with non-Council members

  • supports the work of non-members before they join

Note 507

compilation of the working methods of the Council

• initially in 2006, revised in 2010 and 2017

  -> consolidated, streamlined and restructured

  -> new elements such as monthly program

• condensation and systematization of the working methods > codification effort

• more weight than repertoire -> official council document that reflects view of council as a whole

• summary of the repertoire including progressive development

• recommendations to improve transparency and efficiency

• measures to engage wider UN membership in the drafting process

Greenbook (Handbook on the Working Methods of the Security Council)

compilation of documents regarding the UNSC's working methods

• Note 507, Notes 990-997, and Reference Documents

Outcome documents

Resolutions

• requires nine votes in favor with no P5 against

  -> all other require consensus

• substantive

  • Chapter VII resolutions > mandatory for all Member States (erga omnes)

  • not Chapter VII > binding for the UN system, but bindingness not clear beyond that

• procedural

  • e.g. resolution on convening an emergency special session of the General Assembly on Ukraine

  • no veto right applies

Presidential Statement

• decisions of the council as a whole

  -> reflect the view of the council

  -> negotiated by all members

• binding on the organization, but not necessarily on states

• can be agreed language before final resolution is adopted, or explanations of previously adopted resolutions

Notes by the President

• do not establish obligations for the MS or for the Council as such

• e.g. elections of chairs and vice-chairs for subsidiary organs

• e.g. Note 507 on working methods

Letter from the President

• non-binding, but can clarify things about binding decisions

• communication channel to convey messages

Press Statement

• non-binding and not necessarily on behalf of the council

Meeting Formats

Public Meeting

with official record

• open debate

  • non-council members can be invited to participate in the discussion upon their request

  • only actually public meeting format

• debate

  • directly affected or concerned non-members can be invited to participate in the discussion upon their request

• briefing

• adoption

  • non-council members can be invited to participate in the discussion upon their request

Private Meeting

no official record

• private meeting

  • non-council members can be invited to participate in the discussion upon their request

• TCC meeting

  • troup contributing countries (TCCs) can be invited to participate in the discussion

Informal consulatation of the whole

• closed meetings without records and translation services

Informal (Interactive) Dialogues

• off-the-record discussion with one or more non-Council member states

“Arria-formula” Meeting

• only format that allows non-state actors (NGOs, civil society, individuals etc.)

• held in UN rooms, no translation services, no records > informal informal meetings

• representative of inviting member sends summary as a letter to the president -> circultated to other UNSC members