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Difficulty: HardUnited Nations Organisation (UNO): Organs, Functions, and Specialized Agencies

Under the voting procedure of the United Nations Security Council, a proposal to adopt a new item onto the Council's formal agenda is opposed by two permanent members who cast negative votes, while ten other members vote in favor. What is the legal outcome of this vote?

  1. The proposal passes because agenda adoption is a procedural matter where permanent members cannot exercise veto power.Answer
  2. B
    The proposal fails because any negative vote cast by a permanent member constitutes an automatic veto on all Security Council decisions.
  3. C
    The proposal is suspended and referred to the International Court of Justice for an advisory opinion on voting validity.
  4. D
    The proposal fails because procedural motions require unanimous concurrence of all five permanent members.

Answer

The proposal passes because agenda adoption is a procedural matter where permanent members cannot exercise veto power.
Under Article 27 of the United Nations Charter, voting in the Security Council separates procedural matters from substantive ones. Adopting an agenda item is procedural. Procedural decisions require nine affirmative votes from any of the 15 members, and negative votes from permanent members do not constitute a veto.

Step-by-Step Solution

1
Identify the nature of the matter being voted upon in the Security Council.
Adopting an item onto the formal agenda is classified as a procedural decision under Article 27(1) of the UN Charter.
Security Council voting rules distinguish between procedural and substantive matters.
2
Apply the voting rule for procedural matters.
Procedural decisions require nine affirmative votes out of fifteen, regardless of whether those votes come from permanent or non-permanent members.
Permanent members possess veto power exclusively on substantive issues; their negative votes on procedural matters do not block resolutions.
3
Determine whether the vote threshold was met.
Ten affirmative votes were cast, satisfying and exceeding the nine-vote requirement, meaning the motion is adopted.
The ten votes in favor provide the required majority without veto interference.

Key Concept

Procedural vs Substantive Voting Rules in the UN Security Council
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Topics

United Nations Organisation (UNO): Organs, Functions, and Specialized Agencies

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