International Organization
Introduction to the UN
The United Nations (UN) is an intergovernmental organization that was established in 1945 after World War II to replace the ineffective League of Nations. It was founded to maintain international peace and security, develop friendly relations among nations, achieve international cooperation, and be a center for harmonizing the actions of nations.
The UN was created following the 1941 Atlantic Charter, signed by President Franklin D. Roosevelt and Prime Minister Winston Churchill, which outlined goals for the postwar world. The name “United Nations” was coined by President Roosevelt and was first used in the 1942 Declaration of the United Nations. In 1945, 50 countries met in San Francisco to draw up the UN Charter, which was ratified on October 24, 1945 by the five permanent members of the Security Council and a majority of the other signatories.
The UN Charter outlines the organization’s purposes, principles, and structure in its 111 articles. The purposes outlined in Article 1 include maintaining peace and security, developing friendly relations among nations, achieving international cooperation in solving international problems, and promoting respect for human rights. Key principles in the Charter include sovereign equality of all member states, non-use of force except in self-defense, peaceful settlement of disputes, and non-interference in domestic affairs.
The UN consists of six main organs: the General Assembly, the Security Council, the Economic and Social Council (ECOSOC), the Trusteeship Council, the International Court of Justice, and the UN Secretariat. The General Assembly, Security Council, ECOSOC, and the Trusteeship Council are intergovernmental bodies with memberships based on sovereign states. The International Court of Justice is the UN’s principal judicial organ and the Secretariat carries out the day-to-day work of the UN. The UN system has expanded to include numerous programs and specialized agencies like the World Health Organization and UNICEF.
UN Charter
The United Nations Charter serves as the founding treaty and constitutional document of the UN. It was signed in San Francisco on June 26, 1945 and entered into force on October 24, 1945.
The UN Charter lays out the purposes, principles, and organizational structure of the UN system. Some key elements of the Charter include:
- Establishing the 4 purposes of the UN: maintaining peace and security, developing relations among nations, cooperating to solve international problems, and promoting respect for human rights.
- Outlining the 6 main organs of the UN: the General Assembly, the Security Council, the Economic and Social Council, the Trusteeship Council, the International Court of Justice, and the Secretariat.
- Setting membership criteria, rights, and responsibilities.
- Articulating core principles of the UN like sovereign equality of member states, good faith fulfillment of obligations, peaceful resolution of disputes, and non-intervention in domestic affairs.
- Chapter V, Article 2(7) specifically limits UN intervention, stating “Nothing contained in the present Charter shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state.” This upholds national sovereignty.
- Chapter VI establishes means for peaceful dispute settlement like negotiation, enquiry, mediation, conciliation, arbitration, and judicial settlement.
The UN Charter provides the legal and normative framework underpinning the entire UN system. It balances national sovereignty with the need for international cooperation to maintain peace, advance human rights, and solve global issues. The Charter’s limitations on intervention affirm state sovereignty while providing means to peacefully adjudicate conflicts between member states.
General Assembly
The General Assembly is one of the six principal organs of the United Nations, serving as the main deliberative, policy-making, and representative body of the UN.
Composition
The General Assembly is composed of representatives of all 193 UN member states, each of which has equal representation. Two non-member observer states - the Holy See and the State of Palestine - have received permission to participate as observers. Each member state may have up to five representatives in the General Assembly, though each member has only one vote.
Powers and Functions
The General Assembly holds the power to discuss and make recommendations on any matters within the scope of the UN Charter. However, it lacks binding power to compel action by any state. Key functions of the General Assembly include:
- Adopting recommendations on international issues such as development, peace and security, economic progress, human rights, and international law
- Electing members to UN bodies such as the Security Council
- Appointing the Secretary-General on recommendation of the Security Council
- Approving the UN budget and apportioning financial contributions among member states
- Initiating research, studies, and conferences relating to UN purposes and fostering cooperation in the economic, social, humanitarian, and cultural spheres
- Promoting international cooperation on political matters and encouraging progressive development of international law
Voting Procedures
In the General Assembly, each member state has one vote. Most matters are decided by simple majority, however on important questions, such as peace and security, budgetary, and membership issues, a two-thirds majority is required.
Notable Resolutions
Some influential General Assembly resolutions include:
- The Universal Declaration of Human Rights (1948)
- Declaration on the Granting of Independence to Colonial Countries and Peoples (1960)
- International Convention on the Elimination of All Forms of Racial Discrimination (1965)
- Declaration on the Rights of Indigenous Peoples (2007)
- New Urban Agenda for sustainable urban development (2016)
The General Assembly provides a unique global forum for international discussion and cooperation on a wide array of issues. Though lacking binding authority, its statements carry the weight of world opinion and have influenced the development of international law and norms.
Security Council
The Security Council is one of the six principal organs of the United Nations and is charged with ensuring international peace and security. It has 15 members, including five permanent members - China, France, Russia, the United Kingdom, and the United States - and ten non-permanent members elected by the General Assembly for two-year terms.
Permanent and Non-Permanent Members
The permanent members often referred to as the P5, were given a permanent seat and veto power on the Council because they were recognized as the world’s five greatest military powers at the end of World War II. The non-permanent members are elected by the General Assembly on a regional basis, with five members coming from Africa and Asia, one from Eastern Europe, two from Latin America, and two from Western Europe.
Key Powers and Responsibilities
The Security Council has significant powers under the UN Charter, including the ability to authorize peacekeeping operations and economic sanctions. Key responsibilities include maintaining international peace and security, admitting new members to the UN, and approving changes to the UN Charter. Under Chapter VII of the Charter, the Council can take enforcement measures to maintain or restore international peace and security.
Use of Veto
Each permanent member has veto power, meaning any permanent member can block the adoption of resolutions or substantive matters. This was intended to prevent the UN from taking major action against a permanent member or actions that go against their interests. Critics argue the veto power has been abused on many occasions based on partisan interests of permanent members.
Critiques and Reform Proposals
There have been longstanding calls to reform the Security Council to better reflect contemporary world realities. Critics argue the permanent membership and veto power of the P5 no longer accurately represents the balance of power in the 21st century. Various proposals have called for expanding permanent membership to countries like India, Brazil, Germany or Japan, or limiting use of the veto power. However, actual reform has proven very difficult due to resistance from current permanent members.
Economic and Social Council
The Economic and Social Council (ECOSOC) is one of the six main organs of the United Nations established by the UN Charter in 1945. The ECOSOC serves as the central platform for discussing international economic, social and environmental issues, and for enacting policies and making recommendations to member states and the UN system.
Areas of Focus
The ECOSOC focuses on a wide range of issues related to economic, social, cultural, educational, health, and environmental fields. Some of its key areas of work include:
- Promoting higher standards of living, full employment, and economic and social progress
- Identifying solutions to international economic, social and health problems
- Facilitating international cultural and educational cooperation
- Encouraging universal respect for human rights and fundamental freedoms
Subsidiary Commissions and Committees
The ECOSOC carries out its work through a network of subsidiary expert bodies, including regional commissions, functional commissions, and standing committees. Some examples include:
- Regional commissions (e.g. Economic Commission for Africa, Economic Commission for Europe)
- Functional commissions on issues like human rights, sustainable development, population, crime prevention, science and technology, etc.
- Standing committees on programmes and coordination, non-governmental organizations, and more.
These bodies research, deliberate, and provide policy guidance on key issues falling under ECOSOC’s mandate.
Coordination Role
The ECOSOC plays a key role in coordinating the economic, social, and related work of various UN departments, specialized agencies, and other bodies. It ensures coherence among these entities and provides guidance to achieve integrated solutions. For example, ECOSOC oversees coordination of efforts related to humanitarian assistance, migration, and health emergencies among relevant UN organs.
In summary, the ECOSOC serves as the central forum for discussing international economic and social issues, developing policy recommendations, and promoting universal human rights and development. Through its network of commissions and committees, it pursues integrated solutions to pressing global challenges.
Trusteeship Council
The Trusteeship Council was established in 1945 as one of the principal organs of the United Nations. Its role was to supervise the administration of Trust Territories that had been placed under the administration of seven Member States. These Trust Territories were former colonies or territories taken from nations that were defeated in World War II.
The objective of the Trusteeship System was to promote the advancement of the inhabitants of Trust Territories and their progressive development towards self-government or independence. Under this system, 11 Trust Territories were placed under the administration of the following Member States - the United Kingdom, France, Belgium, New Zealand, Australia, Italy, South Africa and the United States.
Over time, all 11 Trust Territories attained self-government or independence, either as separate states or by joining neighbouring independent countries. Palau was the last to emerge from the Trusteeship status in 1994. Given that there are no more Trust Territories, the Trusteeship Council suspended operation on 1 November 1994. While the Trusteeship Council still exists on paper, its future role and even existence remains uncertain.
Secretariat
The Secretariat is the administrative arm of the United Nations responsible for providing studies, information, facilities, and staff for the various UN bodies. The Secretariat is headed by the Secretary-General, appointed by the General Assembly based on the recommendation of the Security Council.
Leadership under the Secretary-General
The Secretary-General is the chief administrative officer of the UN. They provide leadership, articulate the UN’s goals, priorities, and policies, oversee the operations of the Secretariat, and act as the UN’s global representative. Tasks include:
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Providing services and support for the functioning of UN bodies
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Overseeing peacekeeping operations
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Using their “good offices” to prevent international disputes from escalating
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Acting as a spokesperson for the interests of the world’s people, especially the poor and vulnerable
Some notable Secretaries-General have included Dag Hammarskjöld, U Thant, Boutros Boutros-Ghali, Kofi Annan, Ban Ki-moon, and António Guterres.
Role as Administrative Organ
The Secretariat carries out the diverse day-to-day work of the UN. It services the other principal organs and administers their programs and policies. The Secretariat organizes international conferences, maintains records and translations, issues communiqués, and prepares studies on issues of concern to the UN. Through its human rights, economic, social, and environmental programs, the Secretariat has a direct impact on the lives of people worldwide.
Departments, Offices, and Operations
The Secretariat includes departments such as political affairs, economic and social affairs, management, and peacekeeping operations. There are also offices to address issues related to drugs, crime, outer space, and the law of the sea. The Secretariat has over 44,000 international staff working at duty stations around the planet. This global team administers aid programs, supports mediation of disputes, monitors peace agreements, protects human rights, and promotes economic development. Together, the Secretary-General and the Secretariat function as the nerve center of the UN in coordinating policies and generating momentum for collective global action.
International Court of Justice
The International Court of Justice (ICJ) is the principal judicial organ of the United Nations. It serves to settle legal disputes between member states and give advisory opinions on legal questions submitted by authorized UN organs and agencies.
Composition of Judges
The ICJ is composed of 15 judges who are elected to nine-year terms by the UN General Assembly and Security Council. The judges must represent the world’s principal legal systems and regions. No two judges may be from the same nation. The Court is assisted by a Registry, its administrative organ. The President of the Court is elected by the members to a three-year term.
Jurisdiction and Cases
The ICJ has two primary functions: to settle legal disputes submitted by states and to issue advisory opinions on legal questions submitted by authorized UN organs and agencies. Only states may be parties to contentious cases before the Court. Its advisory opinions are non-binding.
The ICJ has handled high-profile cases on matters such as maritime boundaries, use of force, and accusations of genocide. Countries are not obligated to comply with ICJ rulings, but the Court has successfully resolved many disputes since 1945.
Relation to Security Council
While the ICJ handles legal disputes between states, the Security Council is tasked with maintaining international peace and security. The two bodies have distinct yet complementary roles within the UN system. The Council focuses on political solutions, while the Court provides legal judgments based on treaties and international law. Their close cooperation reinforces the UN’s mission to resolve conflicts through peaceful means.
Peaceful Dispute Settlement
The UN Charter emphasizes peaceful dispute settlement between member states. Under Article 33, parties to a dispute are encouraged to first seek a solution through negotiation, inquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means.
This builds on concepts from the League of Nations Covenant. Article 12 of the League’s Covenant declared that disputes likely to lead to conflict should be settled through arbitration, judicial settlement, or referral to the League’s Council. However, the League lacked enforcement mechanisms if parties refused to cooperate.
The UN Charter established new institutions and procedures for peaceful dispute resolution. Most importantly, it created the International Court of Justice (ICJ) as the principal judicial organ of the UN. The ICJ provides a venue for legal arbitration between states. If parties accept the ICJ’s jurisdiction, they are obligated to comply with its rulings.
While submission to the ICJ is voluntary, the Security Council can legally enforce ICJ decisions under Chapter VII of the UN Charter if international peace and security are threatened. Overall, the UN dispute settlement mechanisms aim to provide peaceful alternatives to the use of force. When combined with collective security, they form a core part of the UN’s mission to maintain international peace.