Evaluation of UN Charter:

One of the basic feature of the UN since its foundation in 1945 has been its monopoly on
the utilization of power, along with overall prohibition on turning to utilization of power by
states. The purpose of this denial is to limit the plan of action to autocratic activity when tension
emerges between or inside states. The prohibition on the utilization of power is as conceived in
the UN Charter does not preclude the use of force by a state or group of states in case of self-
defense (Article 51 UN Charter). Consequently, aside from self-defense, it is the sole ability of
the UN, all the more unequivocally the Security Council, to approve strong intercession to
reestablish international peace and security.

The UN Charter has consistently kept elbow-room for regional organizations to contribute
in the maintenance of international peace and security. Chapter VIII of the UN Charter describes
the cooperation between the UN and regional organizations in the field of international peace and
security and gives route for regional organizations to settle debates peacefully without approval
of the Security Council. If all else fails, the Chapter subsequently permits regional organizations
to coercively intercede in circumstances, though under the support of the Security Council. Thus,
under Chapter VIII of the UN Charter of the participation of regional organizations with the UN
ought to be viewed as an association, in which the Security Council consistently has the last
word on approving coercive activity. This perfectly reflects the inclination for a universal
methodology towards peace and security with affirmation of conditioned regionalism which
framed the foundation of the United Nations ideology.

So to achieve its center goal, the maintenance of international peace and security, the UN
progressively depends on regional organizations. The failure of the UN to successfully intervene
and keep huge compassionate calamities from occurring during the 1990s started the call for
more noteworthy association of regional organizations. Moreover, the changing character of
contentions, which turned out to be more intricate and progressively require more inside and out
information on explicit areas, have put regional organizations in the forefront in the field of
peace and security. Financial and political imperatives made it besides inconceivable for the UN
to (successfully) react to all contentions that emerged. Thusly, regional organizations came to
understand that they can't rely entirely upon the UN to guarantee peace and security in their area.
They understood that they needed to step in and accommodate security components themselves.

The Normative Framework of Chapter 8 of UNO Charter:

As, regional organizations have achieved a major role in the field of peace and security.
Their impact appears to expand further and progressively implementation activity is involved.

There is no clear definition of regional organization due to which it is difficult to determine that
which organization is labeled as regional organization in sense of chapter 8 of charter. As, article
52 of chapter 8 states that:

“Nothing in the present Charter precludes the existence of regional arrangements or agencies
for dealing with such matters relating to the maintenance of international peace and security
as are appropriate for regional action provided that such arrangements or agencies and their
activities are consistent with the Purposes and Principles of the United Nations.”

The above articles only states about the dealing of regional arrangements with peace and security
issues, regional action and consistency with purpose and principles of UNO and still don’t give
clarity about definition. In spite of the fact that adaptability surmises flexibility under evolving
conditions, the absence of definition can likewise present issues since organizations can utilize
this absence of clarity to decide their association as it were which suits them best at the moment.

Following are some points regarding the criteria of defining Regional organizations:

 Regionalism:

Regionalism is a disputed term because UNO didn’t give proper definition of this term. In
this regard, it can be said that organization may be non-universal and moreover the members of
regional organization is less than UN itself. Finally, from the wording of the Charter, the
universal methodology towards peace and security with the UN as the latest expert in
requirement measures shows a hierarchical relationship between the UN and regional
organizations. This infers that regional organizations can't have a similar estimate or be bigger
than the UN itself. Zwanenburg argues that it may imply to geographical closeness between the
members of organization.
The reason for Chapter VIII was to concede to certain organizations the ability to determine
nearby questions with neighborhood implications and on a nearby premise, through which the
upkeep of i On the whole, the term 'regional' appears to involve members of the association who
must be smaller in number than the UN itself and must be 'so closely connected in territorial
terms' that viable peaceful dispute settlement is conceivable. In association with the UN's
principle purpose – the support of international peace and security – the regional association
ought to have as one of its primary undertakings the protection of peace and security inside its
region international peace and security was served.

 Arrangement or agency:

The UNO charter further describes the ‘arrangements’ and ‘agency’ as the addresses of
provisions. There is no proper definition of these terms is given. These terms are taken as
synonymously on one hand and the other hand, these are viewed as alternative.

That both 'arrangement' as well as 'agency' has been referenced in the provision has more to do
with the longing to make a thorough provision (and consequently being certain that all important
regional substances are included) than that there are practical outcomes connected to it.
Regardless of whether an entity is characterized as arrangement or agency, similar standards for
authorizing activity apply. The essential factor for regional activity is subsequently not the nature
of the organization but rather the sort of activity that is embraced and the demeanor of the
Security Council towards it.

 Internal focus:

The UN Charter distinguishes between the two types of regional organization. On the one hand,
regional organizations, those are formed with the purpose of self-defense and protection against
external threats. And on the other hand, the organizations which are establish to preserve peace
and security within the region. The action of latter regional organization justified in the article
52-54 and the former part falls under the article 51 of UN Charter.

 Consistency with principles and purposes:

Finally, both the constitution as well as the exercises of regional associations must be consistent
with the 'purposes' and 'principles' of the UN so as to discuss a regional association in the feeling
of Chapter VIII UN Charter.40 Although associations can't be separated from the UN itself,
(article 4 UN Charter), the individuals from the regional associations are bound by the
commitments under the UN Charter based on their UN participation as per Article 103 UN
Charter:

“In the event of a conflict between the obligations of the Members of the United Nations under
the present Charter and their obligations under any other international agreement, their
obligations under the present Charter shall prevail.”

Accordingly, UN individuals can't maintain a strategic distance from their commitments under
the UN Charter by taking cover behind the constitution of the regional association of which they
are additional members. Since the rights and commitments under the UN Charter legitimately
apply to individual UN Member States, these by implication apply to the regional associations
themselves. The regional organizational structure and exercises consequently should be in
congruity with the principles and purposes of the UN Charter, so as to be marked as such in the
UN aggregate security system.

 Peaceful settlement of disputes:

The need for a division between self-protection coalitions and aggregate security has additionally
been upgraded by Hummer and Schweitzer through highlighting another rule which has the
famous prominence quality in Chapter VIII of the UN Charter, in particular the need given to
regional associations to calmly settle disputes. Subsequently, so as to be named a regional
association in the feeling of chapter VIII of the UN Charter, regional associations should have
the option to give a type of component by which neighborhood questions inside their region can
be settled in a tranquil way. Thus, Hummer and Schweitzer conclude that defense alliances are
by their character rejected, since they don't give systems by which nearby debates inside the
collusions can be settled. Abass can't help contradicting the end. He contends that in spite of the
fact that NATO as a group doesn't give peaceful dispute settlements explicitly; the NATO
individuals separately have submitted themselves under article 1 of the North Atlantic Treaty to
settle any debate by quiet means. This contention appears to be not persuading, notwithstanding,
since this arrangement alludes to worldwide debates and along these lines focuses on tranquil
settlement system inside the UN structure, as opposed to inside their coalition. So as to be
delegated to a regional association under Chapter VIII of the UN Charter, regional associations
in this way should have the option to give a type of system where debates can be settled calmly.
This doesn't need to be an exceptionally advanced instrument since all quiet ways to settle
questions will be done, following Article 33 UN Charter, which gives a few examples of
peaceful dispute settlement systems yet is deduced in a non-comprehensive way with the words
‘(…)or any other peaceful means of their own choice’.

The Operational framework of chapter 8 of UNO Charter:

Here, the main focus is on the enforcement measures so that full attention would pay on the
peaceful settlement of disputes.

Chapter VIII UN Chapter should be considered as a cooperation model between the UN and
regional organizations, in which the Security Council would always function as a coordinating
and decisive authority. Since within the collective security scheme preference is given to
attempt to settle disputes peacefully before bringing issues to the attention of the Security
Council, regional organizations have an important task in providing for these peaceful means.
Although they have reporting obligations to the Security Council under Article 54 UN Charter,
regional organizations can be considered relatively autonomous actors in peaceful settlement of
conflicts within their regions. The Security Council is only allowed to interfere when the
regional organization is clearly unable to perform duly, until the moment they are barred from
acting under Chapter VIII UN Charter. This division of competence alters however completely
when regional organizations want to impose enforcement measures, i.e. forceful or military
measures, to settle a dispute. But their intended action comes under the scrutiny of the Security
Council as decisive authority to decide upon the use of force. Although the form and moment of
Security Council Authorization is heavily debated, it has been concluded that in principle
regional enforcement action should be preceded by an explicit Security Council authorization.
Only under extraordinary circumstances, upon which the Security Council decides, a more
implicit and subsequent authorization can be considered in accordance with the rationale of
Article 53 UN Charter, but only when the regional enforcement action is not yet terminated.
Since a complete previous postal authorization would mean that the Security Council merely has
a review power, rather than having effective control over the actions in question, this has to be
considered incompatible with the UN Charter. Whether a situation which is unlawful can still be
legitimized will be clarified in the subsequent chapter when discussing humanitarian
interventions. Finally, the scope of regional enforcement measures, on the basis of Chapter VIII
UN Charter is within their region and against their own Member-States. Outside our own
territory, other provisions apply, i.e. self-defense or Chapter VII competencies of the Security
Council) applications that will be further explained in the next chapter in which possible other
grounds for legalizing regional enforcement action will be considered.