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Argument: The UN Charter does not offer sovereign equality

Issue Report: UN Security Council veto

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  • Bardo Fassbender. UN Security Council Reform and the Right of Veto: A Constitutional Perspecitve. 1997 – “‘according to international law, all the states have the same capacity of being charged with duties and of acquiring rights; equality does not mean equality of duties and rights, but rather equality for capacity of duties and rights.’ In this view, the priviledges of the permanent members appear as rights freely bestowed on them by the totality of states ratifying the charter. In other words, the states not being permanent members have agreed to their diminished status under the charter. It is exactly the sovereignty and equality of states which is said to enable them to enter into international agreements which may, or may not, provide for different rights and obligations of the parties.”[1]