Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
Myths of Membership:
The Politics of Legitimation in
UN Security Council Reform
c
Ian Hurd
A
mong the competing proposals for reforming the UN Security
Council, one theme is a near constant: that the Council’s legitimacy
is in peril unless the body can be reformed to account for recent
changes in world politics. This consensus is driven by a number of devel-
opments: geopolitical changes (in the distribution of military and economic
power), systemic changes after decolonization (which multiplied the num-
ber of UN members), and normative changes (in the value given to diver-
sity, equity, and representation). The result, summarized in the New York
Times, is that the Security Council “is indisputably out of date.” 1 Most ar-
guments in favor of Council expansion identify the gap between Council
membership and international realities as a threat specifically to the legiti-
macy of the Council. The gap is an objective fact, but the link to legitimacy
is what gives it its political salience and has made it a controversial matter
in world politics. This article investigates this link. Conventional wisdom
holds that the Council’s outdated membership causes delegitimation but the
causal mechanics behind this delegitimation are rarely explained.
The process by which institutions become legitimized or delegitimized is
a hotly contested matter among organizational sociologists, and yet in the
Council reform debates the connection between legitimacy and membership
has been treated as unproblematic, even self-evident. I set out below a number
199
200 Myths of Membership
it aside as well, the veto does not play a large role in my analysis.4 In focus-
ing on the internal logic of the claim that changing the Council’s member-
ship will affect its legitimacy, I seek first to understand the causal mecha-
nisms implicit in such a claim and then to chart the implications that arise
from those mechanisms.
structure of the Council are most likely to lead to an increase in its legiti-
macy? The following sections address these arguments, first by specifying
the competing answers to the question and then by assessing their empirical
plausibility as accounts of legitimation. Resolving whether Step 3 is true or
not is crucial to the institutional design of the Council and to the future of
the UN more generally.
Membership
In 2005, the United States called for “a Security Council that looks like the
world of 2005.”24 This could be operationalized in a number of ways, but the
most logical is that the membership of the Council must be updated to reflect
changes in the population of nation-states. The central element of these
claims is a theory that the formal presence of certain states in the Council’s
membership will contribute to legitimizing the Council, and that conversely
maintaining the present structure contributes to delegitimation. The goal of “eq-
uitable geographic distribution” is enshrined already in the selection of nonper-
manent members, and it is not challenged by any state; but differences in how
the clause is understood produces different versions of the “membership” argu-
ment on reform.25
Ian Hurd 205
systems be represented, but that the full diversity of major systems be pres-
ent to ensure that important principles of law that arise in only one of them
not be overlooked entirely as the court considers international law.
Both diversity and representativeness depend on a comparison with an
appropriate referent population. Specifying this group is crucial and yet un-
avoidably political and controversial. The results will be different if we be-
lieve that the Council membership should faithfully represent the population
of states in the General Assembly or the population of people in the world;
striving to accommodate the diversity of world religions is different from ac-
commodating the diversity of national economic capacities. These questions
cannot be settled definitively outside the political process of negotiation.
Most reform schemes based on membership agree that representativeness or
diversity should be assessed compared to the regional distribution that exists
in the General Assembly. This assumes that the relevant measure is regional,
that states share their most important interests with others in their region
rather than with those outside the region. Singapore, as cited above, suggests
a different metric: small states have more in common with other small states
than with large states, regardless of region.
Finally, legitimacy may be a product of having one’s own country oc-
cupy a seat on the Council. Formal presence in a decisionmaking body may
lead a state to support its decisions more than it would if it had not been
present. If the change is a product of the legitimating effect of the presence,
then we could sustain the argument that adding new members to the Coun-
cil could increase its legitimacy in their eyes and thus add to its effective-
ness. This argument, with its obviously self-serving implications, is rarely
made publicly by diplomats, but its logic underpins the argument that only
with a seat in the Council will a state’s population continue to support pay-
ing its UN dues.35
For all three variants of the membership argument, the crucial element
is a conviction that the formal structure of Council membership is the key
source of legitimation or delegitimation. It is the formal, legal presence of
certain states, or of certain kinds of states, that affects the institution’s legit-
imacy. This structural view is in sharp contrast with the procedural view of
the “deliberative” argument, discussed next.
Deliberation
Many Council reform proposals interpose the concept of deliberation be-
tween the formal membership of the Council and the legitimacy of its out-
puts. Deliberation, in this view, is the source of legitimacy for organizations
and opening up the Council’s membership is a means to increasing its de-
liberative qualities. This view sees the Council as primarily a deliberative
chamber rather than an interest-aggregating body. The OEWG has said that
it believes that “wider participation in the Council’s work would, in turn,
Ian Hurd 207
The first three hypotheses are centered on membership, the last two on
deliberation. Other hypotheses about legitimation are possible where the in-
dependent variable might be changes to working methods or changes in the
Council’s outputs, but these only indirectly justify a formal change in mem-
bership. Article 23 of the Charter ensures that regional diversity is included
in membership selection, and these hypotheses provide possible explana-
tions for why that criterion is valued by states.
Hypotheses 1 and 2 are closely related. They differ on the value that
they aim to see institutionalized in Council membership, but they share the
same structure and the same weaknesses. Both rest on three premises that,
if all are true, would make it possible to construct an enlargement scheme
that successfully uses representativeness or diversity as a means to legit-
imize the Council. I trace through the case in terms of “representation” here,
and then show that the “diversity” case is essentially the same.
The proposition that the Council’s representation of the General As-
sembly controls its legitimacy rests on three assumptions. First, states must
really believe that representation is an important institutional norm. If states
Ian Hurd 209
deliberative model of legitimation should conclude that this does not mat-
ter, but one suspects that it does in practice. The opportunity to exercise
voice through informal practices does not carry the same political status as
does the chance to occupy a formal nonpermanent seat. The distinction
needs to be accounted for by those who defend the deliberative approach in
Council reform.
In this context, the only margin by which adding new formal members
could increase the Council’s deliberative quality is the same margin by which
requests to participate (Article 31) are at present rejected by the Council. It is
only the rejected states that stand to gain greater access to Council delibera-
tion than they have at the moment. States that are accepted into the process
under Article 31 already have the opportunity to contribute to the delibera-
tion. Therefore, the potential increase in deliberation that could possibly
come via adding new members must be quite small.
This conclusion may have to be amended based on changes in the Coun-
cil’s practice of informal consultations.50 The issue depends on whether we
see the many informal processes as extensions of Council deliberations or as
circumvention of them.51 If Council members have greater access to these in-
formal sessions than nonmembers have, then becoming a member might in-
crease one’s participation in the informal deliberative process outside of
formal Council meetings. It is plausible that this might be true, though it
probably depends on the state in question. Large states may already partic-
ipate in informal consultations, even as nonmembers, and so giving them
formal Council seats would not produce a net increase in deliberation.52
Small nonmember states are unlikely to be invited to informal sessions ex-
cept in unusual circumstances—but even as formal members of the Council
they might find themselves excluded from informal sessions too. The power
of the informal process at present is precisely that it allows the dominant
states on the Council to pick from among the members and nonmembers
only those whose contribution to deliberation they feel is valuable to them.
It allows the Council to ignore the distinction between member and non-
member and changes the patterns of deliberation.53 This has an ambiguous
net effect on the quality and quantity of deliberation around the Council.
The fifth and final hypothesis is distinct from H4 in that it claims that
it is the quality of deliberation in the organization that generates belief in its
legitimacy by an actor, irrespective of whether that actor itself had the op-
portunity to contribute to the deliberation. Like H4, this argument is only as
strong as the link between the deliberation that it sees as its goal and the ex-
pansion of formal membership that it suggests as its means. The identity of
the deliberators is not important. What matters is that the Council be open to
considering all morally relevant claims (and no irrelevant ones). Unless the
limits of informal deliberation have already been reached, this argument looks
hollow.
212 Myths of Membership
Conclusion
My goal has been to assess the claim that adding members to the Security
Council is a useful strategy to ensure the organization’s legitimacy in the
future. There are competing versions of this claim and I identified five dis-
tinct hypotheses about membership and legitimacy that are commonly pre-
sented in defense of changing the composition of the Council. Each is, in
principle, testable by empirical methods, although in practice the evidence
needed to confirm or falsify them is unobtainable. As a result, I presented
assessments of the empirical and logical plausibility of each, drawn both
from the past experience of the Council and from evidence on legitimation
in other organizations. None of the five emerges with a strong defense. Each
ultimately relies on prior assumptions that are themselves questionable—for
instance, that states agree on a metric for measuring diversity or representa-
tion in the Council, or that states value the pure deliberative quality of the
Council and not the status distinctions between members and nonmembers.
Bardo Fassbender has suggested that “conflicting views of member states
continue to block a solution” to Council reform.58 The gaps in logic that un-
dermine each of the five hypotheses may indicate that these “conflicting
views” originate in incompatible notions about how legitimation works.
The hypotheses are not of a type that can be fully confirmed or dis-
proved with evidence, but their evident weakness suggests that states may
be largely insincere in their references to them.59 Assuming that what states
really want is to gain a seat for themselves and to deny one to their rival,
we should look at both why states find this to be an appealing goal and why
talking in terms of legitimacy is seen as a useful strategy. While the hy-
potheses themselves may be weak, this article also shows the power that
states see in using “legitimacy talk” to defend their interests. How this has
214 Myths of Membership
come to be the case is itself an interesting question that combines the geo-
politics of states competing over Council seats with the social construction
of language resources. c
Notes
Ian Hurd is assistant professor of political science at Northwestern University. He is
the author of After Anarchy: Legitimacy and Power in the UN Security Council
(2007) and of articles in International Organization, International Politics, and
elsewhere on the theory and practice of international organization. For comments on
earlier drafts, the author wishes to thank Terry Halliday, Lee Seymour, and espe-
cially the anonymous reviewers for the journal.
1. Warren Hoge,“U.N. Tackles Issue of Imbalance of Power,” New York Times,
28 November 2004.
2. Statement of the Italian mission to the UN, 31 October 2001, archived at
http://globalpolicy.igc.org//security/reform/cluster1/2001/1031italy.htm.
3. Marc Lynch, State Interests and Public Spheres: The International Politics
of Jordan’s Identity (New York: Columbia University Press, 1999); Jennifer Mitzen,
“Reading Habermas in Anarchy: Multilateral Diplomacy and Public Spheres,”
American Political Science Review 99, no. 3 (August 2005).
4. Excellent analyses of the diplomatic history of the 1990s reform process are
available in Mark W. Zacher, “The Conundrums of International Power Sharing:
The Politics of Security Council Reform,” in Richard M. Price and Mark W. Zacher,
The United Nations and Global Security (New York: Palgrave Macmillan, 2004);
Bardo Fassbender, UN Security Council Reform and the Right of Veto: A Constitu-
tional Perspective (The Hague: Kluwer, 1998); Edward C. Luck, “Reforming the
United Nations: Lessons from a History in Progress,” AUNCS Occasional Paper No.
1, 2003.
5. Philip H. Gordon, “Scenarios for Reforming the United Nations,” Le Monde,
9 August 2005.
6. Mark Turner, Financial Times, 28 November 2004.
7. Edward C. Luck, “Rediscovering the Security Council: The High-Level
Panel and Beyond,” in Ernesto Zedillo, ed., Reforming the United Nations for Peace
and Security (New Haven: Yale Center for the Study of Globalization, 2005), p.
126. Luck criticizes this “common wisdom.”
8. Weiss’s very useful response to the conventional wisdom suggests that the
Iraq 2003 crisis changed the terrain for Council reform debates, centering them on
the fact of, and reactions to, US preponderance. His view of Council legitimacy
closely follows the “normative” branch in sociology, which sees institutional legiti-
mation coming from a consensus on the moral acceptability of the organization’s
objectives. For instance, he suggests that a General Assembly resolution under Unit-
ing for Peace “would certainly be regarded as legitimate” if it had broad support and
a morally justified humanitarian objective. Thomas G. Weiss, “The Illusion of UN
Security Council Reform,” Washington Quarterly 26, no. 4 (Autumn 2003):155. A
normative theory of legitimation in world politics is fully spelled out in Allan
Buchanan, Justice, Legitimacy and Self-Determination (Oxford: Oxford University
Press, 2003).
9. United Nations, A More Secure World: Our Shared Responsibility—Report
of the Secretary-General’s High-Level Panel on Threats, Challenges and Change,
A/59/565 (New York: United Nations, 2004), p. 57.
Ian Hurd 215
46. John Dryzek, Deliberative Democracy and Beyond: Liberals, Critics, Con-
testations (Oxford: Oxford University Press, 2000), p. 1.
47. Fearon, “Deliberation as Discussion,” p. 57.
48. US Department of State, remarks of Secretary Rice, 14 April 2005.
49. Syndey D. Bailey and Sam Daws, The Procedure of the UN Security Coun-
cil, 3rd ed. (Oxford: Oxford University Press, 1998), p. 623, footnote 128.
50. Susan C. Hulton, “Council Working Methods and Procedure,” in David M.
Malone, ed., The UN Security Council: From the Cold War to the 21st Century (Boul-
der: Lynne Rienner, 2004); Luck, “Step One.”
51. Prantl sees “informal groups” as “narrowing the participatory gap.” Jochen
Prantl, “Informal Groups of States and the UN Security Council,” International Or-
ganization 59, no. 3 (2005): 561. The increase in participation is not necessarily in
conflict with the conclusion that informal processes increase the power of the per-
manent members, since power and participation address separate issues.
52. Ian Hurd, “Security Council Reform: Information Membership and Prac-
tice,” in Russett, The Once and Future Security Council.
53. Prantl, “Informal Groups of States”; Hurd, “Security Council Reform.”
54. Each of these may also be complementary to legitimation, though through
different mechanisms than I treat here.
55. See the US statement at www.un.int/usa/99_006.htm. On the broader trade-
offs, see Russett, “Ten Balances for Weighing UN Reform Proposals.”
56. Hurd, “Security Council Reform.”
57. Thomas Risse, “‘Let’s Argue!’ Communicative Action in World Politics,”
International Organization 54, no. 1 (2000): 1–40; Ian Hurd, “The Strategic Use of
Liberal Internationalism: Libya and the UN Sanctions, 1992–2003,” International
Organization 59, no. 3 (2005): 495–526; Frank Schimmelfennig, The EU, NATO,
and the Integration of Europe: Rules and Rhetoric (Cambridge: Cambridge Univer-
sity Press, 2003).
58. Bardo Fassbender, “Pressure for Security Council Reform,” in Malone, The
UN Security Council, p. 341.
59. We should be careful not to mistake the weakness of reform arguments with
a defense of the status quo.