In regard to the UN we have witnessed a valiant attempt to achieve international Law but:
"More than anything else, however, it has been still another underlying difference in attitude -- over the need to comply with the UN's rules on the use of force -- that has proved most disabling to the UN system. Since 1945, so many states have used armed force on so many occasions, in flagrant violation of the charter, that the regime can only be said to have collapsed. In framing the charter, the international community failed to anticipate accurately when force would be deemed unacceptable. Nor did it apply sufficient disincentives to instances when it would be so deemed. Given that the UN's is a voluntary system that depends for compliance on state consent, this short-sightedness proved fatal
This conclusion can be expressed a number of different ways under traditional international legal doctrine. Massive violation of a treaty by numerous states over a prolonged period can be seen as casting that treaty into desuetude -- that is, reducing it to a paper rule that is no longer binding. The violations can also be regarded as subsequent custom that creates new law, supplanting old treaty norms and permitting conduct that was once a violation. Finally, contrary state practice can also be considered to have created a non liquet, to have thrown the law into a state of confusion such that legal rules are no longer clear and no authoritative answer is possible. In effect, however, it makes no practical difference which analytic framework is applied. The default position of international law has long been that when no restriction can be authoritatively established, a country is considered free to act. Whatever doctrinal formula is chosen to describe the current crisis, therefore, the conclusion is the same. "If you want to know whether a man is religious," Wittgenstein said, "don't ask him, observe him." And so it is if you want to know what law a state accepts. If countries had ever truly intended to make the UN's use-of-force rules binding, they would have made the costs of violation greater than the costs of compliance.
Indeed, it should have come as no surprise that, in September 2002, the United States felt free to announce in its national security document that it would no longer be bound by the charter's rules governing the use of force. Those rules have collapsed. "Lawful" and "unlawful" have ceased to be meaningful terms as applied to the use of force. As Powell said on October 20, "the president believes he now has the authority [to intervene in Iraq] ... just as we did in Kosovo." There was, of course, no Security Council authorization for the use of force by NATO against Yugoslavia. That action blatantly violated the UN Charter, which does not permit humanitarian intervention any more than it does preventive war. But Powell was nonetheless right: the United States did indeed have all the authority it needed to attack Iraq -- not because the Security Council authorized it, but because there was no international law forbidding it. It was therefore impossible to act unlawfully."
The preceding 3 paragraphs from
Why the Security Council Failed
From Foreign Affairs, May/June 2003 by Michael J Glennon
http://www.foreignaffairs.org/20030501faessay11217-p20/michael-j-glennon/why-the-security-council-failed.html
Many here may disagree with or blame U.S. actions for "destroying" the UN. Indeed, I would invite any defenders of the UN as is and its history to visit this site for it contains reasons for them to "blame the U.S" for UN irrelevance towards serious global conflicts.However I would submit, again, that these supporters are irate with the U.S. for merely bringing to the surface the basic inadequacies with the UN Charter as presently constituted. Some may even try to attribute "Logical Fallacies" in the above quoted paragraphs. Should this occur and these fallacies are indeed found valid it could only make this part of the thread more interesting.
To those who might be so inclined I might suggest not to rely upon the technique of characterizing America's reasons for action as "Straw Men" or opining upon the shade of rouge regarding a species of Osteichthyes in an analogous attempt to denigrate national reasons for security. Whether or not the herring is "red" is not relevant to the narrow focus relating to causal facts as to UN shortcomings. What is relevant to the UN question is that given a crisis, nations do indeed act on perceived threats. Conversely, those nations so threatened are not the least concerned or assuaged by other nations questioning the validity of those threats. If one seriously intends to correct the faulty UN foundation he must recognize this simple fact before he can even begin to address the UN's foibles.
Just to be clear. I am inviting those who dissent with the first 3 paragraphs to refute those points presented in the cited paragraphs in kind. That is, with past global history as examples supporting any thoughtful comments to the contrary of those paragraphs.
Given the UN needs changing, how would we use the lessons we have learned thus far to either make it better or reconstruct its charter so as to effect a more "real world" oriented UN? Seriously.
Respectfully,
JM