Carl Edison M. Balagtas SLR Topic Outline Dean Pangalangan2005-73482 July 29, 2013

“UN experts slam Facebook for Somalia sanctions silence”: UN Powers vis-à-vis Facebook User Agreement vis-à-vis Human Right to Privacy

I. The Controversy

A. “The sanctions investigators say Somalia's notorious piracy business is supported by accomplices who could be bankers, businessmen, politicians or aid workers "all using their regular occupations or positions to facilitate one or another network. Investigations have confirmed that these myriad facilitators are interlinked through various communication channels and employ social network services, such as Facebook."

B. “ UN sanctions experts -- who monitor a UN arms embargo against Somalia as well as sanctions against accused pirates and Shebab Islamists -- say Facebook has despite repeated official correspondence addressed to Facebook Inc., it has never responded to monitoring group requests to discuss information on Facebook accounts belonging to individuals involved in hijackings and hostage-taking.”

C. “UN sanctions experts have complained to the UN Security Council that Facebook refuses to answer questions about ship hijackings suspected to be organized on social media sites.”

D. What provisional measures can the UN Security Council provide the UN sanctions experts?

E. Does the UN Security Council have the power to compel Facebook to divulge its users’ information without violating the right to privacy of said users?

II. The UN and its Security Council

A. Creation/Charter of the UN and selected Articles of the UN Charter related to the Security Council

B. Powers and Functions of the Security Council

1. Does it include the power to compel Facebook to divulge information of its users?

2. If the Security Council does have the power, does it have limitations as expressed in the statute?

III. Facebook and Social Networking Websites

A. What is Facebook? History and emergence of Social Networking Sites.

B. Facebook’s Terms and Conditions

1. Facebook’s Data Use Policy

2. Facebook’s Statement of Rights and Responsibilities

3. Facebook’s Privacy Policy

IV. The UN Declaration on Human Rights

A. Right to Privacy

B. Other related rights

V. Cases

VI. My position

A. UN must go through the State where Facebook is incorporated.

B. Contractual rights granted by Facebook User Agreement including the human right to privacy cannot be violated without pressing need.

C. The need for safeguards: Incorporate the standard of probable cause

D. Lack of procedure: The need to adopt procedure akin to search warrants.

Bibliography:

1) Yahoo News, UN experts slam Facebook for Somalia sanctions silence (July 20, 2013, 2:45

PM), http://ph.news.yahoo.com/un-experts-slam-facebook-somalia-sanctions-silence-

191438665.html.

2) Jocelyne Sambira, Stabilizing Somalia: a new chapter begins, (July 27, 2013, 7 PM),

http://www.un.org/africarenewal/magazine/january-2013/stabilizing-somalia-new-chapter-

begins.

3) Mary Kimani, Tackling piracy off African shores, (July 27, 2013, 7 PM),

http://www.un.org/africarenewal/magazine/january-2009/tackling-piracy-african-shores

4) Wanjohi Kabukuru, Somali piracy: in search of remedies for a global malady, (July 27, 2013,

7 PM), http://www.un.org/africarenewal/web-features/somali-piracy-search-remedies-global-

malady

5) Security Council extends mandate of monitoring group for Somalia and Eritrea (July 27,

2013, 8 PM), http://www.un.org/apps/news/story.asp?

NewsID=45492&Cr=somali#.UfSFNtK1GTw.

6) UN condemns flow of arms in Somalia and Eritrea, (July 27, 2013, 8 PM),

http://www.nzherald.co.nz/world/news/article.cfm?c_id=2&objectid=10902990

7) Danesh Sarooshi , The United Nations and the Development of Collective Security: The

Delegation by the UN Security Council of Its Chapter VII Powers (1999), preview available at

http://books.google.com.ph/books?

id=617MFYSBzXUC&printsec=frontcover&source=gbs_atb#v=onepage&q&f=false.

8) David Malone, The UN Security Council: From the Cold War to the 21st Century (2004),

preview available at http://www.google.com.ph/books?

hl=en&lr=&id=iww8h3E8MBMC&oi=fnd&pg=PR11&dq=UN+Security+Council&ots=0nrujpOO

qQ&sig=LW6gXlJCHD5cMyn31wLtftY4Wb8&redir_esc=y#v=onepage&q=UN%20Security

%20Council&f=false.

9) UN Charter, (July 27, 2013, 5:30 PM), http://www.un.org/en/documents/charter/.

10) UN Provisional Rules of Procedure (S/96/Rev.7), (July 27, 2013, 5:30 PM),

http://www.un.org/en/sc/about/rules/.

11) Facebook's Privacy Policy - Full Version, (July 27, 2013, 8:15 PM),

https://www.facebook.com/note.php?note_id=+322194465300.

12) Statement of Rights and Responsibilities, (July 27, 2013, 8:15 PM),

https://www.facebook.com/legal/terms.

13) Facebook Data Use Policy, (July 27, 2013, 8:15 PM),

https://www.facebook.com/about/privacy/.

14) Eugenia Lopez-Jacoiste, The UN Collective Security System and its Relationship with

Economic Sanctions and Human Rights, (2010), available at

http://www.mpil.de/files/pdf3/mpunyb_07_lopez-jacoiste_14.pdf.

15) Bardo Fassbender, Review Essay Quis judicabit? The Security Council, Its Powers and Its

Legal Control, (2000) available at http://www.ejil.org/pdfs/11/1/514.pdf.

Encyclopedia of Governance. Vol. 2. Thousand Oaks, CA: SAGE Reference, 2007. p1004-1005. From Gale Virtual Reference Library.

Organization overview eTable of

Contents eBook Index List of Illustrations

COPYRIGHT 2007 Sage Publications, Inc.Full Text: 

Page 1004UNITED NATIONSSECURITY COUNCILThe Security Council is a principal organ of the United Nations (UN). Under the UN Charter, the Security Council is charged with the primary responsibility of the maintenance of international peace and security. The charter also gives the Security Council wide powers under Chapter VI to use diplomatic means to assist the parties of a dispute to resolve their conflict by peaceful means. In the event that no peaceful reconciliation is possible, Chapter VII of the charter also confers on the Security Council the right to define a breach of the peace, that is to name an aggressor, and thereafter mobilize economic sanctions and, ultimately, military force against any member state that the Security Council judges to be a threat to international peace and security. The wider UN membership of 192 countries agrees to accept and carry out the resolutions adopted by the Security Council. In this way, the Security Council is credited with a unique moral and legal authority in the post-1945 construction of international order.

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Title:United Nations Security CouncilSource:

The Security Council comprises fifteen member states. Five are permanent members, which have occupied their positions since the founding of the UN in 1945. The permanent members are: China, France, Russia, the United Kingdom, and the United States. Ten additional nonpermanent members are elected by a regional formula and serve a two-year term. The ten regional members are elected from five groups: five from the African and Asian regions combined, two from Latin America and the Caribbean, two from Western Europe, and one from Eastern Europe.

The Security Council operates under a rotating presidency. This advances monthly by the English-language name of each member. The presidency is responsible for calling and chairing all meetings of the Security Council during that month. The UN Secretary-General can also bring matters to the attention of the Security Council. Resolutions adopted by the Security Council are binding in international law. Although the charter forbids the UN to interfere in matters of domestic jurisdiction, this protection does not extend to conduct that the Security Council, acting under Article 39, judges to be a threat to international peace and security.

The adoption of a resolution by the Security Council requires a majority of at least nine of the fifteen members. However, each of the five permanent members has veto power over the adoption of any substantive resolution by the Security Council. The original logic of this provision was to limit the adoption of resolutions and the potential military commitments entailed to those that had the consensual support of the five victorious powers of the 1945 settlement. It was also intended to prevent any one of them from using the mechanism of the UN to legitimate a war on each other. The five permanent members also have veto power over the reform of these entrenched powers. Any reform of the UN Charter requires a resolution to be adopted by the Security Council and ratification by the five powers' constitutional processes. In the case of the United States, this would require a vote of the Senate.

The aggregate use of the veto from 1945 to 2004 is: USSR/Russia 120, United States 76, United Kingdom 32, France 18, and China 5. Since 1990, veto use has declined drastically.

Conventional wisdom acknowledges that the veto culture of the Cold War period prevented the Security Council from employing the collective security doctrine as defined in the charter. The Security Council was instrumental in organizing the defense of South Korea (1950–1953) due to the temporary absence of the USSR from the council. Unable to agree on large-scale military interventions, the Security Council did, however, pioneer the technique of UN peacekeeping that evolved as a modest, consensual technique of containing regional conflicts that great powers agreed to limit. Peacekeeping forces were typically dispatched to supervise cease-fires in the aftermath of successive wars in the Middle East and Central and South Asia. In some cases, the presence of UN peacekeeping forces became institutionalized over decades, such as their presence in Jerusalem, Kashmir, and Cyprus. Since 1990, and with wider support from the Security Council members, many more ambitious peacekeeping missions have undertaken expanded Page 1005  |  Top of Article tasks in civil policing, election supervision, transitional government, and long-term reconstruction.The possibility of UN-endorsed military actions was revived in 1990. A sequence of resolutions was adopted between August and November 1990, which gave clear warning to Iraq of the forthcoming military campaign to restore the sovereignty of Kuwait in the Gulf War of 1991. After 1994, this brief period of consensus faded.

The genocide in Rwanda, in 1994, was an example of the member's selective concerns and unwillingness to confront domestically driven human rights abuse. Differences between the permanent members over Bosnia also limited the effectiveness of the Security Council's role. Both China and Russia were opposed to the extension of UN competence into civil wars. Thereafter, the threat of a Russian veto led the United States and the United Kingdom to use NATO authority to conduct its campaign in Kosovo in 1999. In 2003, the United States, the United Kingdom, and their allies were unable to secure explicit renewed endorsement from the Security Council for their actions in Iraq.

The Security Council has only been reformed once, by enlargement from twelve members to its current fifteen members in 1965. Enlargement has been widely discussed since 1990, usually in terms of reestablishing the representational balance to reflect the enlarged third-world membership of the UN. However, Japan and Germany have been widely promoted as additional candidates for permanent membership in view of their financial contributions to the UN. Leading third-world claimants include India and Brazil. Other members have advanced claims on grounds of population and regional status. Enlargement is therefore controversial and problematic. The issue has also been linked to the reform of the veto power. None of the established permanent members is willing to relinquish or dilute this particular status. Enlargement might create three categories of membership, with the new permanent members not having veto powers.

—Mark F. ImberSee also Humanitarian Intervention ; Peace Process ; Sanctions ; Sovereignty ; United NationsFurther Readings and ReferencesDedring, J. (2000). The security council. In P. Taylor & A. J. R. Groom (Eds.), The United Nations at the millennium (pp. 61–99). London: Continuum.Russett, B., O'Neill, B., & Sutterlin, J. (1995). Breaking the Security Council restructuring logjam. Global Governance, 2(1) 65–80.Source Citation   (MLA 7th Edition) "United Nations Security Council." Encyclopedia of Governance. Vol. 2. Thousand Oaks, CA: SAGE Reference, 2007. 1004-1005. Gale Virtual Reference Library. Web. 15 Dec. 2013.Document URLhttp://go.galegroup.com/ps/i.do?id=GALE

%7CCX3470200543&v=2.1&u=phdiliman&it=r&p=GPS&sw=w&asid=75dbde6cd6aa00bb75ce1b576fdb1cb

5Gale Document Number: GALE|CX3470200543

Dictionary of Genocide. Samuel Totten and Paul R. Bartrop. Vol. 1. Westport, CT: Greenwood Press, 2008. p66. From Gale Virtual Reference Library.

Topic overview eTable of

Contents eBook Index List of Illustrations

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Title:Chapter VII of the UN CharterSource:

COPYRIGHT 2008 Samuel Totten and Paul R. BartropFull Text: 

Page 66Chapter VII of the UN CharterChapter VII specifically reads as follows: “Action with Respect to Threats to the Peace, Breaches of the Peace, and Acts of Aggression.” Article 39 under Chapter VII states the following: “The [UN] Security Council shall determine the existence of any threat to the peace, breach of the peace, or act of aggression and shall make recommendations, or decide what measures shall be taken in accordance with Articles 41 and 42, to maintain or restore international peace and security.” Article 41 says: “The Security Council may decide what measures not involving the use of armed force are to be employed to give effect to its decisions, and it may call upon the Members of the United Nations to apply such measures. These may include complete or partial interruption of economic relations and of rail, sea, air, postal, telegraphic, radio, and other means of communication, and the severance of diplomatic relations.” Article 42 reads states that: “Should the Security Council consider that measures provided for in Article 41 would be inadequate or have proved to be inadequate, it may take such action by air, sea, or land forces as may be necessary to maintain or restore international peace and security. Such action may include demonstrations, blockade, and other operations by air, sea, or land forces of Members of the United Nations.”What is essential is the need to determine if, in fact, massive human rights violations and/or armed internal conflicts can be considered threats to international peace and security and therefore justify the adoption of humanitarian resolutions by the Security Council.

Source Citation   (MLA 7th Edition) "Chapter VII of the UN Charter." Dictionary of Genocide. Samuel Totten and Paul R. Bartrop. Vol. 1. Westport, CT: Greenwood Press, 2008. 66.Gale Virtual Reference Library. Web. 15 Dec. 2013.Document URLhttp://go.galegroup.com/ps/i.do?id=GALE

%7CCX2441400161&v=2.1&u=phdiliman&it=r&p=GPS&sw=w&asid=9d476cdb6a73f466869628f93d96321cGale Document Number: GALE|CX2441400161

Security Council Legislation, Article 2(7) of the UN Charter, and the Principle of Subsidiarity

NICHOLAS TSAGOURIAS*

Abstract

This article considers the relationship between the United Nations and its member states in view of the

Security Council's assertion of legislative powers. It claims that the exponential growth in UN powers at

the expense of the powers of its member states cannot be arrested by legal means, because of the

nature of the UN system and the absence of legally enforceable criteria and compulsory dispute-

settlement mechanisms. For this reason, it proposes a different approach to law-making in the area of

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international peace and security – one that is built around the principle of subsidiarity, as reflected in

Article 2(7) of the UN Charter. The role of the principle of subsidiarity in this respect is to determine

which authority is best suited to exercise legislative power and how such power should be exercised in

order to attain the objective of peace and security more efficiently. It is thus contended that the

principle of subsidiarity promotes co-operative relations between the United Nations and its member

states by protecting the latters' jurisdictional authority from unnecessary interference.

(Online publication August 05 2011)