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

In the voting procedure of the United Nations Security Council on substantive matters, a resolution fails if a permanent member casts a negative vote. What is the legal effect when a permanent member abstains from voting on a substantive resolution?

  1. The abstention is treated as non-opposition, allowing the resolution to pass if it secures at least nine affirmative votes.Answer
  2. B
    The abstention automatically functions as a formal veto, blocking the adoption of the resolution.
  3. C
    The resolution is automatically transferred to the UN General Assembly for a binding majority vote.
  4. D
    The vote is declared invalid, requiring all non-permanent members to abstain as well.

Answer

The abstention is treated as non-opposition, allowing the resolution to pass if it secures at least nine affirmative votes.
Under United Nations Charter jurisprudence and established customary practice, a permanent member must cast an explicit negative vote to exercise veto power. An abstention is interpreted as non-opposition (concurrence in practice), meaning that as long as the resolution receives the minimum required threshold of nine affirmative votes from the fifteen council members, it is validly adopted.

Step-by-Step Solution

1
Analyze Article 27(3) of the United Nations Charter regarding voting on substantive matters in the Security Council.
Substantive decisions require nine affirmative votes, including the concurring votes of the five permanent members (P5).
Understanding the baseline requirement for Security Council resolution passage.
2
Examine customary UN jurisprudence regarding permanent member abstentions.
Since 1946 and reaffirmed by the ICJ in the 1971 Namibia Advisory Opinion, voluntary abstention by a permanent member is interpreted as non-opposition rather than a veto.
Distinguishing between an active negative vote (veto) and an abstention.
3
Identify the correct procedural outcome.
Provided the resolution achieves the required threshold of 9 affirmative votes overall, the abstention permits resolution adoption.
Matching the legal principle to the correct procedural consequence.

Key Concept

Security Council Voting Mechanics and Veto Powers
Estimated Time:1m 30s
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Topics

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

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