Unit 1

Meaning and Definition of International

Organisations (10 Marks)
Introduction
International Organisations are institutions established by States through international
agreements to achieve common objectives such as maintaining peace, promoting
international cooperation, protecting human rights, and encouraging economic and social
development. They provide a platform for States to work together on matters of common
interest and play an important role in the development of international law.

Meaning / Definition
An International Organisation is a permanent association of States or other international
entities established by an international treaty or agreement to achieve common objectives
under international law.

Definitions by Scholars

D.W. Bowett:

“An international organisation is an association of States established by treaty, possessing a

constitution and common organs, and having a legal personality distinct from that of its
member States.”

Ian Brownlie:

“International organisations are institutional arrangements established by States through

international agreements to perform functions of common interest under international law.”

Malcolm N. Shaw:

“International organisations are entities created by States through treaties, possessing

separate legal personality and entrusted with powers necessary to achieve their objectives.”
Legal Basis / Constitutional Framework
International Organisations are established through treaties, conventions, or constituent
charters, which define their objectives, membership, powers, and functions.

Examples include:

● United Nations Charter, 1945

● Statute of the International Court of Justice (ICJ)
● WHO Constitution, 1946
● UNESCO Constitution, 1945
● WTO Agreement, 1994
● SAARC Charter, 1985
● ASEAN Charter, 2007

Essential Characteristics
1. Created by an International Treaty – Established through a treaty or charter
between States.
2. Permanent Nature – They have a continuing existence.
3. Membership of States – Usually composed of sovereign States.
4. Separate Legal Personality – They have rights and duties independent of member
States.
5. Permanent Organs – They function through bodies such as an Assembly, Council,
and Secretariat.
6. Common Objectives – Formed to achieve specific international goals.
7. Governed by International Law – Their activities are regulated by international law
and their constituent instruments.

Importance of International Organisations

● Promote international peace and security.
● Strengthen cooperation among States.
● Protect human rights.
● Promote economic and social development.
● Facilitate international trade and public health.
● Encourage peaceful settlement of international disputes.

Conclusion
International Organisations are an essential part of the modern international legal system.
They enable States to cooperate in addressing global challenges and promote peace,
development, and international cooperation. Their treaty-based foundation, permanent
structure, and legal personality make them important institutions for achieving common
international objectives.

Evolution of International Organisations

(10 Marks)
Introduction
The evolution of International Organisations is closely linked with the need for cooperation
among States. As international relations expanded, countries realised that many global
problems such as war, trade, health, and communication could not be solved individually.
This led to the establishment of permanent international organisations to promote peace,
security, and cooperation.

Meaning
The evolution of International Organisations refers to the gradual development of
institutions created by States through international agreements to promote cooperation and
achieve common international objectives.

Legal Basis / Constitutional Framework

International Organisations are established through international treaties or constituent
charters. Some important legal instruments are:

● United Nations Charter, 1945

● Covenant of the League of Nations, 1919
● Constitution of the International Labour Organization (ILO), 1919
● WHO Constitution, 1946

Evolution of International Organisations

1. Early International Cooperation
 ● Before the 19th century, States cooperated mainly through temporary conferences
and diplomatic meetings.
● There were no permanent international organisations.

2. Congress of Vienna (1815)

● The Congress of Vienna marked the beginning of organised international cooperation

after the Napoleonic Wars.
● It introduced the Concert of Europe, where major powers met to maintain peace
and political stability.

3. Public International Unions (19th Century)

To deal with technical and administrative matters, several permanent organisations were
established, such as:

● Central Commission for Navigation on the Rhine (1815)

● International Telegraph Union (1865) (now International Telecommunication Union)
● Universal Postal Union (1874)

These organisations promoted cooperation in communication and transport.

4. Hague Peace Conferences (1899 and 1907)

● Convened to promote peaceful settlement of international disputes.

● Led to the establishment of the Permanent Court of Arbitration (PCA).
● Encouraged the peaceful resolution of conflicts between States.

5. League of Nations (1919)

● Established under the Treaty of Versailles after the First World War.
● Its main objective was to maintain international peace and prevent future wars.
● It promoted international cooperation but failed to prevent the Second World War,
leading to its dissolution in 1946.

6. United Nations (1945)

● Established by the United Nations Charter after the Second World War.
● Replaced the League of Nations.
● Aims to maintain international peace and security, promote friendly relations among
nations, protect human rights, and encourage international cooperation.
● Today, it is the most important universal international organisation.

7. Growth of Specialised and Regional Organisations

After 1945, many specialised and regional organisations were established, including:

● World Health Organization (WHO)

 ● UNESCO
● International Monetary Fund (IMF)
● World Bank
● World Trade Organization (WTO)
● European Union (EU)
● African Union (AU)
● Association of Southeast Asian Nations (ASEAN)
● South Asian Association for Regional Cooperation (SAARC)

These organisations deal with specific areas such as health, education, trade, finance, and
regional cooperation.

Key Features of the Evolution

● Shift from temporary conferences to permanent organisations.
● Development of treaty-based institutions.
● Expansion from political cooperation to economic, social, health, and environmental
cooperation.
● Increase in regional as well as global organisations.
● Growing role of international organisations in global governance.

Conclusion
The evolution of International Organisations reflects the growing need for cooperation
among States in an interdependent world. From the Congress of Vienna to the
establishment of the United Nations and other specialised agencies, these organisations
have become essential for maintaining international peace, promoting development,
protecting human rights, and addressing global challenges. Today, they play a vital role in
strengthening international cooperation and the rule of international law.

Aims and Purposes of International

Organisations (10 Marks)
Introduction
International Organisations (IOs) are established by States through international agreements
to promote cooperation and solve common international problems. Their aims and purposes
are generally laid down in their constituent charters or treaties. They play a vital role in
maintaining peace, promoting development, and strengthening international relations.
Legal Basis / Constitutional Framework
The aims and purposes of International Organisations are contained in their constituent
instruments. For example, Article 1 of the United Nations Charter, 1945 lays down the
purposes of the United Nations.

Aims of International Organisations

1. To Maintain International Peace and Security

The foremost aim of international organisations is to prevent conflicts, maintain world peace,
and promote collective security among nations.

2. To Promote International Cooperation

They encourage cooperation among States in political, economic, social, cultural, scientific,
and technological fields.

3. To Promote Friendly Relations Among States

They strengthen friendship and mutual respect among nations based on sovereign equality
and peaceful coexistence.

4. To Promote Economic and Social Development

They work to improve living standards, reduce poverty, and support sustainable economic
and social progress.

5. To Protect Human Rights

They promote and protect human rights and fundamental freedoms without discrimination.

6. To Develop International Law

They encourage the development, codification, and observance of international law and
international agreements.

Purposes of International Organisations

1. To Provide a Forum for Discussion

International organisations provide a platform where States can discuss international issues
and exchange views.

2. To Settle International Disputes Peacefully

They encourage peaceful methods such as negotiation, mediation, conciliation, arbitration,

and judicial settlement.

3. To Coordinate International Activities

They coordinate the activities of member States in areas such as health, education, trade,
labour, environment, and communication.

4. To Implement International Agreements

They help member States implement treaties, conventions, and international decisions
effectively.

5. To Provide Humanitarian Assistance

They organise relief measures during wars, natural disasters, pandemics, and other
humanitarian emergencies.

6. To Promote Sustainable Development

They support environmental protection, climate action, and the achievement of sustainable
development goals.

7. To Provide Technical and Financial Assistance

Many organisations provide financial aid, technical expertise, training, and capacity-building
to member States, especially developing countries.

8. To Monitor Compliance

They supervise and encourage compliance with international obligations and standards.

Conclusion
International Organisations are essential institutions for promoting peace, cooperation, and
development in the international community. Their aims define the broad goals they seek to
achieve, while their purposes explain the specific functions through which these goals are
accomplished. By fulfilling these objectives, International Organisations contribute
significantly to global peace, stability, and progress.

Characteristics of International
Organisations (10 Marks)
Introduction
International Organisations (IOs) are permanent institutions established by States to achieve
common international objectives. They possess certain essential characteristics that
distinguish them from temporary conferences, alliances, or informal groups. These
characteristics define their legal status, structure, and functioning under international law.

Meaning
The characteristics of International Organisations are the essential features that
determine their nature, structure, and functioning under international law.

Legal Basis / Constitutional Framework

International Organisations are established through international treaties or constituent
charters, which define their objectives, powers, membership, and organisational structure.

Examples:

● United Nations Charter, 1945

● WHO Constitution, 1946
● SAARC Charter, 1985
● ASEAN Charter, 2007

Characteristics of International
Organisations
1. Established by International Agreement
International Organisations are created by treaties, conventions, or constituent charters
entered into by sovereign States.

2. Permanent Existence

They are permanent institutions with continuous existence and are not dissolved after
completing a single task.

3. Membership of Sovereign States

Most International Organisations consist of sovereign States as members, though some

organisations also admit observers or regional organisations.

4. Separate International Legal Personality

An International Organisation has a legal personality separate from its member States. It can
enter into agreements, own property, and perform legal acts in its own name.

5. Common Objectives

Every International Organisation is established to achieve specific objectives such as

maintaining peace, promoting cooperation, protecting human rights, or encouraging
economic development.

6. Organised Institutional Structure

They function through permanent organs such as an Assembly, Council, Secretariat,

committees, or specialised bodies, as provided in their constituent charter.

7. Powers Derived from the Constituent Charter

The powers and functions of an International Organisation are limited to those conferred by
its founding treaty or charter.

8. Governed by International Law

International Organisations operate according to the rules and principles of international law
and their constituent instruments.

9. Independent Decision-Making

They adopt decisions through procedures such as voting, consensus, or majority, as

prescribed in their constituent charter.

10. International Cooperation

Their primary function is to promote cooperation among member States in areas such as
peace, security, trade, health, education, and environmental protection.
Key Features
● Established by treaty or charter.
● Permanent in nature.
● Membership mainly consists of sovereign States.
● Possess separate international legal personality.
● Have permanent organs and institutional structure.
● Governed by international law.
● Work for common international objectives.
● Promote international cooperation.

Conclusion
International Organisations are unique institutions that facilitate cooperation among States at
the international level. Their permanent nature, legal personality, treaty-based foundation,
and organised structure enable them to perform important functions in maintaining peace,
promoting development, and strengthening international relations. These characteristics
make them indispensable institutions in the modern international legal system.

Unit 2

To What Extent Was the League of

Nations (LON) Successful in Achieving
Its Objectives? (10 Marks)
Introduction
The League of Nations (LON) was established in 1919 under the Treaty of Versailles after
the First World War. It was the first permanent international organisation created to maintain
world peace and promote international cooperation. Although it achieved success in some
areas, it ultimately failed to prevent the Second World War, leading to its dissolution in 1946.

Legal Basis / Constitutional Framework

The League of Nations was established under the Covenant of the League of Nations,
1919, which formed Part I of the Treaty of Versailles.

Objectives of the League of Nations

1. To maintain international peace and security.
2. To prevent future wars through collective security.
3. To promote international cooperation.
4. To encourage peaceful settlement of disputes.
5. To promote disarmament.
6. To improve social and humanitarian conditions.

Successes of the League of Nations

1. Peaceful Settlement of Disputes

The League successfully resolved disputes such as the Åland Islands dispute (1921)
between Finland and Sweden and the Greek-Bulgarian dispute (1925) through peaceful
negotiation.

2. Humanitarian Work

The League worked for the welfare of refugees, controlled the spread of diseases, and took
steps to suppress slavery, forced labour, and drug trafficking.

3. Promotion of International Cooperation

It encouraged cooperation among member States in economic, social, and health matters
through various committees and agencies.

4. Protection of Labour

Through the International Labour Organization (ILO), the League promoted better working
conditions and workers’ rights.

Failures of the League of Nations

1. Failure to Prevent Aggression

The League failed to stop major acts of aggression, such as:

● Japan’s invasion of Manchuria (1931).

● Italy’s invasion of Ethiopia (1935).
● Germany’s aggressive expansion under Adolf Hitler.

2. Failure of Collective Security

The League could not effectively enforce collective security because it lacked military power.

3. Absence of Major Powers

Important countries such as the United States never became members, while Germany,
Japan, and Italy later withdrew, weakening the organisation.

4. Weak Enforcement Powers

The League could only impose economic sanctions and had no armed forces to enforce its
decisions.

5. Failure to Prevent the Second World War

Its greatest failure was its inability to prevent the outbreak of the Second World War in
1939.

Reasons for Its Failure

● Lack of military force.
● Decisions often required unanimous approval, causing delays.
● Non-participation of the United States.
● Withdrawal of major powers.
● Weak enforcement of sanctions.
● Rise of aggressive nationalism and dictatorship in Europe and Asia.

Extent of Success
The League of Nations was partially successful. It achieved notable success in
humanitarian work, labour welfare, public health, and the peaceful settlement of some minor
disputes. However, it failed in its primary objective of maintaining international peace and
preventing another world war. Therefore, its overall success was limited.

Conclusion
The League of Nations was the first organised attempt to establish collective security and
international cooperation. While it made valuable contributions in humanitarian, social, and
economic fields, its inability to prevent aggression and the Second World War exposed its
weaknesses. Despite its failure, the League laid the foundation for the establishment of the
United Nations in 1945, which adopted many of its principles while addressing its
shortcomings.

Defects of the League of Nations (10

Marks)
Introduction
The League of Nations (LON) was established in 1919 under the Covenant of the League
of Nations to maintain international peace and promote cooperation among States.
Although it achieved some success in humanitarian and social fields, it suffered from several
structural and political weaknesses. These defects ultimately led to its failure in preventing
the Second World War.

Legal Basis / Constitutional Framework

The League of Nations was established under the Covenant of the League of Nations,
1919, which formed Part I of the Treaty of Versailles.

Defects of the League of Nations

1. Absence of Major Powers

The United States, despite playing a major role in proposing the League, never became a
member. Germany and the Soviet Union joined later, while Germany, Japan, and Italy
eventually withdrew, weakening the League.
2. Lack of Military Force

The League had no permanent army to enforce its decisions. It depended entirely on
member States to take action against aggressor nations.

3. Unanimity Rule

Most important decisions required unanimous approval of all members. This often caused
delays and made effective decision-making difficult.

4. Weak Enforcement Powers

The League could impose only economic sanctions or make recommendations. It lacked
the authority to compel States to obey its decisions.

5. Failure of Collective Security

Member States were unwilling to take collective action against aggressor countries. As a
result, the principle of collective security remained ineffective.

6. Dominance of Powerful Nations

The League was heavily influenced by major European powers such as Britain and France.
Their national interests often prevailed over the objectives of the League.

7. Failure to Prevent Aggression

The League failed to stop major acts of aggression, including:

● Japan’s invasion of Manchuria (1931).

● Italy’s invasion of Ethiopia (1935).
● Germany’s expansion under Adolf Hitler.

8. Inability to Prevent the Second World War

Its greatest defect was its failure to prevent the outbreak of the Second World War in 1939,
which demonstrated its inability to maintain international peace.

9. Lack of Universal Membership

Many important countries either did not join or later withdrew from the League, reducing its
authority and effectiveness.

10. Economic Depression and Rise of Dictatorships

The Great Depression of 1929 and the rise of aggressive dictators in Germany, Italy, and
Japan weakened international cooperation and reduced the League’s effectiveness.
Conclusion
The League of Nations was an important step in the development of international
organisations, but its structural weaknesses, lack of military power, weak enforcement
mechanisms, and absence of major powers prevented it from achieving its main objective of
maintaining world peace. These defects led to its failure and ultimately resulted in the
establishment of the United Nations in 1945, which sought to overcome many of the
League’s shortcomings.

Causes for the Failure of the League of

Nations (10 Marks)
Introduction
The League of Nations (LON) was established in 1919 under the Covenant of the League
of Nations with the objective of maintaining international peace and promoting cooperation
among nations. Despite some success in humanitarian and social fields, it failed to achieve
its primary goal of preventing war. The outbreak of the Second World War in 1939 marked
its ultimate failure.

Legal Basis / Constitutional Framework

The League of Nations was established under the Covenant of the League of Nations,
1919, which formed Part I of the Treaty of Versailles.

Causes for the Failure of the League of

Nations
1. Absence of the United States

Although the League was proposed by U.S. President Woodrow Wilson, the United States
never became a member. This deprived the League of the support of a major world power.

2. Lack of Military Force

The League had no permanent army to enforce its decisions. It depended on member
States to take military action, which they were often unwilling to do.

3. Weak Enforcement Powers

The League could only impose economic sanctions or make recommendations. It had no
effective power to compel aggressor States to comply with its decisions.

4. Unanimity Rule

Most important decisions required the unanimous consent of member States. This delayed
decision-making and made effective action difficult.

5. Withdrawal of Major Powers

Several powerful countries withdrew from the League, including:

● Japan (1933)
● Germany (1933)
● Italy (1937)

This seriously weakened the League’s authority.

6. Failure to Stop Aggression

The League failed to take effective action against:

● Japan’s invasion of Manchuria (1931)

● Italy’s invasion of Ethiopia (1935)
● Germany’s expansion under Adolf Hitler

These failures reduced confidence in the League.

7. Economic Depression

The Great Depression of 1929 caused economic instability, leading countries to focus on
their national interests rather than international cooperation.

8. Rise of Dictatorships

The rise of aggressive dictators such as Hitler (Germany), Mussolini (Italy), and
militarists in Japan encouraged expansionist policies, which the League was unable to
control.

9. Lack of Universal Membership

Many important countries either did not join or withdrew from the League, making it less
representative and less effective.
10. Failure of Collective Security

Member States were unwilling to act collectively against aggressor nations, resulting in the
collapse of the principle of collective security.

Conclusion
The League of Nations failed because of its weak structure, lack of military power, ineffective
enforcement mechanisms, absence of major powers, and inability to deal with aggression.
Although it could not prevent the Second World War, it laid the foundation for the
establishment of the United Nations in 1945, which was designed to overcome many of the
League’s weaknesses.

Unit 3

General Assembly – Composition,

Powers and Functions (10 Marks)
Introduction
The General Assembly (GA) is one of the six principal organs of the United Nations (UN).
It is the chief deliberative, policymaking, and representative organ where all Member States
participate on an equal basis. It discusses international issues, makes recommendations,
and promotes cooperation among nations in accordance with the objectives of the United
Nations.

Legal Basis / Constitutional Framework

The General Assembly is established under Chapter IV (Articles 9–22) of the United
Nations Charter, 1945.

Important Articles:

● Article 9 – Composition
● Article 10 – Powers to discuss and make recommendations
● Article 11 – Peace and security
● Article 13 – Promotion of international cooperation and development of international
law
 ● Article 17 – Budget and financial matters
● Article 18 – Voting
● Article 20 – Regular and special sessions

Composition of the General Assembly

1. Membership (Article 9)

● All 193 Member States of the United Nations are members of the General Assembly.

2. Representation

● Each Member State may appoint not more than five representatives.

3. Equality of Voting (Article 18)

● Every Member State has one vote, irrespective of its size or population.
● Important questions are decided by a two-thirds majority, while other matters are
decided by a simple majority.

4. Sessions (Article 20)

● The General Assembly holds one regular session every year.

● It may also hold special sessions and emergency special sessions when
necessary.

Powers of the General Assembly

1. Deliberative Power (Articles 10 & 11)

The General Assembly discusses matters relating to the UN Charter and makes
recommendations to Member States or the Security Council.

2. Financial Power (Article 17)

It considers and approves the UN budget and determines the financial contributions of
Member States.

3. Electoral Power

The General Assembly:

 ● Elects the non-permanent members of the Security Council.
● Elects members of the Economic and Social Council (ECOSOC).
● Elects members of the Trusteeship Council (when applicable).
● Elects judges of the International Court of Justice, jointly with the Security Council.
● Appoints the Secretary-General on the recommendation of the Security Council.

4. Supervisory Power

It receives and considers reports from the Security Council, ECOSOC, the International
Court of Justice, and other UN organs.

5. Constituent Power

It participates in the amendment of the UN Charter in accordance with the Charter

provisions.

Functions of the General Assembly

1. Maintenance of International Peace and Security

It discusses issues relating to peace and security and makes recommendations for their
peaceful settlement.

2. Promotion of International Cooperation

It encourages cooperation in political, economic, social, cultural, educational, and

humanitarian matters.

3. Development of International Law (Article 13)

It promotes the progressive development and codification of international law.

4. Promotion of Human Rights

It promotes respect for human rights and fundamental freedoms without discrimination.

5. Budgetary Functions

It examines and approves the annual budget of the United Nations.

6. Admission of New Members

It admits new Member States on the recommendation of the Security Council.

7. Election and Appointments

It elects members of various UN organs and participates in the appointment of the

Secretary-General.

8. Forum for Discussion

It serves as a global forum where Member States discuss important international issues and
make recommendations.

Conclusion
The General Assembly is the most representative organ of the United Nations because all
Member States participate on an equal basis. Through its powers and functions, it promotes
international peace, cooperation, human rights, and the development of international law.
Although its resolutions are generally recommendatory, the General Assembly plays a
significant role in shaping international opinion and achieving the objectives of the United
Nations.

Role of the General Assembly in

Maintaining International Peace and
Security under the UN Charter (10 Marks)
Introduction
The General Assembly (GA) is one of the six principal organs of the United Nations (UN).
It serves as the chief deliberative and representative body of the UN. Although the Security
Council has the primary responsibility for maintaining international peace and security
under Article 24 of the UN Charter, the General Assembly also plays an important role by
discussing international issues, making recommendations, and promoting peaceful
settlement of disputes.

Legal Basis / Constitutional Framework

The role of the General Assembly is mainly governed by Chapter IV (Articles 9–22) of the
United Nations Charter, 1945.

Relevant Articles:
 ● Article 10 – Power to discuss matters and make recommendations.
● Article 11 – Consideration of principles relating to international peace and security,
including disarmament.
● Article 12 – Restriction on the General Assembly when the Security Council is
dealing with a dispute.
● Article 14 – Recommendation of measures for the peaceful adjustment of situations.
● Article 15 – Consideration of annual and special reports of the Security Council.
● Article 17 – Approval of the UN budget, including peacekeeping expenses.

Role of the General Assembly in

Maintaining International Peace and
Security
1. Discussion of International Issues (Article 10)

The General Assembly may discuss any matter relating to international peace and security
and make recommendations to Member States or the Security Council.

2. Recommending Principles for Peace and Security (Article 11)

The General Assembly considers the general principles relating to the maintenance of
international peace and security, including disarmament and arms regulation, and may make
appropriate recommendations.

3. Peaceful Settlement of Disputes (Article 14)

The General Assembly may recommend measures for the peaceful adjustment of disputes
or situations that are likely to impair friendly relations among nations.

4. Review of Security Council Reports (Article 15)

The General Assembly receives and considers the annual and special reports of the Security
Council regarding the measures taken to maintain international peace and security.

5. Approval of Peacekeeping Budget (Article 17)

The General Assembly examines and approves the budget of the United Nations, including
the financial expenses of UN peacekeeping operations.

6. “Uniting for Peace” Resolution, 1950

Under UN General Assembly Resolution 377 A (V), 1950, if the Security Council fails to
act because of the veto of a permanent member, the General Assembly may convene an
Emergency Special Session and recommend collective measures to maintain or restore
international peace and security.

7. Promotion of International Cooperation

The General Assembly promotes cooperation among States in political, economic, social,
cultural, and humanitarian fields, thereby reducing the causes of international conflicts.

8. Forum for Dialogue

The General Assembly provides a platform where all Member States can discuss
international disputes and seek peaceful solutions through negotiation and cooperation.

Limitations
● The General Assembly’s resolutions are generally recommendatory and not legally
binding.
● It has no military or enforcement powers.
● Under Article 12, it cannot make recommendations on a dispute while the Security
Council is actively dealing with it, unless requested by the Security Council.

Conclusion
The General Assembly plays a vital role in maintaining international peace and security by
discussing global issues, promoting peaceful settlement of disputes, encouraging
international cooperation, and making recommendations to Member States. Although its
powers are mainly recommendatory, it has significant political and moral influence and
contributes to achieving the objectives of the United Nations under the UN Charter.

Security Council – Composition, Powers

and Functions (10 Marks)
Introduction
The Security Council is one of the six principal organs of the United Nations (UN). It has
the primary responsibility for the maintenance of international peace and security. It is
the most powerful organ of the UN because its decisions on certain matters are legally
binding on all Member States.

Legal Basis / Constitutional Framework

The Security Council is established under Chapter V (Articles 23–32) of the United
Nations Charter, 1945.

Important Articles:

● Article 23 – Composition
● Article 24 – Primary responsibility for maintaining international peace and security
● Article 25 – Members shall accept and carry out Security Council decisions
● Article 26 – Regulation of armaments
● Article 27 – Voting procedure

Relevant Chapters:

● Chapter VI (Articles 33–38) – Pacific Settlement of Disputes

● Chapter VII (Articles 39–51) – Action with respect to threats to the peace, breaches
of the peace, and acts of aggression

Composition of the Security Council

1. Membership (Article 23)

● The Security Council consists of 15 members.

● 5 Permanent Members (P5):
○ China
○ France
○ Russian Federation
○ United Kingdom
○ United States
● 10 Non-Permanent Members are elected by the General Assembly for a two-year
term based on equitable geographical representation.

2. Representation

Each member has one representative and one vote in the Security Council.

3. Voting (Article 27)

 ● Procedural matters: Decided by an affirmative vote of 9 members.
● Substantive matters: Require 9 affirmative votes, including the affirmative votes of
all five permanent members. A negative vote by a permanent member is known as
the Veto.

4. Presidency

The Presidency of the Security Council rotates every month among its members in the
English alphabetical order of the Member States.

Powers of the Security Council

1. Maintenance of International Peace and Security (Article 24)

The Security Council has the primary responsibility for maintaining international peace and
security.

2. Binding Decisions (Article 25)

Its decisions are binding on all Member States, who are required to accept and carry them
out.

3. Regulation of Armaments (Article 26)

It formulates plans for the regulation of armaments to promote international peace and
security.

4. Peaceful Settlement of Disputes (Chapter VI)

It may investigate disputes and recommend peaceful methods such as negotiation,

mediation, conciliation, arbitration, and judicial settlement.

5. Enforcement Powers (Chapter VII)

If there is a threat to peace, breach of peace, or act of aggression, the Security Council may:

● Determine the existence of such a situation (Article 39).

● Impose economic or diplomatic sanctions (Article 41).
● Authorise military action if necessary (Article 42).

6. Admission of New Members

It recommends the admission of new States to the United Nations for approval by the
General Assembly.
7. Appointment Functions

It recommends the appointment of the Secretary-General and participates in the election of

judges of the International Court of Justice along with the General Assembly.

Functions of the Security Council

1. Maintaining International Peace and Security

Takes necessary measures to prevent conflicts and restore peace.

2. Investigating International Disputes

Examines disputes or situations that may threaten international peace and security.

3. Authorising Peacekeeping Operations

Establishes and supervises UN peacekeeping missions.

4. Imposing Sanctions

Imposes economic, diplomatic, travel, or arms sanctions against States or entities violating
international peace.

5. Authorising Collective Military Action

Approves the use of force when peaceful measures are inadequate.

6. Recommending Admission of New Members

Recommends eligible States for membership in the United Nations.

7. Recommending the Secretary-General

Recommends a candidate for appointment as the Secretary-General by the General

Assembly.

8. Electing Judges of the ICJ

Participates with the General Assembly in electing the judges of the International Court of
Justice.
Conclusion
The Security Council is the most important organ of the United Nations for maintaining
international peace and security. Its unique powers to adopt binding decisions, impose
sanctions, authorise peacekeeping operations, and approve the use of force make it central
to the UN system. Despite criticism of the veto power of the permanent members, the
Security Council continues to play a vital role in preserving global peace and security under
the United Nations Charter.

Role of the Security Council in the

Maintenance of International Peace and
Security under Chapter VII of the UN
Charter (10 Marks)
Introduction
The Security Council is one of the six principal organs of the United Nations (UN) and has
the primary responsibility for maintaining international peace and security. Chapter VII
of the United Nations Charter (Articles 39–51) empowers the Security Council to take
binding enforcement measures against threats to peace, breaches of peace, and acts of
aggression. These powers include both non-military and military measures to restore
international peace and security.

Legal Basis / Constitutional Framework

The role of the Security Council is provided under Chapter VII (Articles 39–51) of the
United Nations Charter, 1945.

Important Articles:

● Article 39 – Determination of threats to peace, breach of peace, or acts of

aggression.
● Article 40 – Provisional measures.
● Article 41 – Non-military enforcement measures.
● Article 42 – Military enforcement measures.
● Article 43 – Special agreements for providing armed forces.
● Article 44 – Participation of Member States contributing armed forces.
● Article 45 – Air force contingents for urgent action.
● Article 46 – Plans for the use of armed force.
● Article 47 – Military Staff Committee.
 ● Article 48 – Implementation of Security Council decisions.
● Article 49 – Mutual assistance among Member States.
● Article 50 – Assistance to States affected by enforcement measures.
● Article 51 – Right of individual or collective self-defence.

Role of the Security Council under

Chapter VII
1. Determination of Threats to Peace (Article 39)

The Security Council determines whether a situation constitutes a threat to the peace,
breach of the peace, or act of aggression. It then decides the measures necessary to
maintain or restore international peace and security.

2. Ordering Provisional Measures (Article 40)

Before taking enforcement action, the Security Council may call upon the parties concerned
to comply with provisional measures, such as a ceasefire or withdrawal of forces, to
prevent the situation from worsening.

3. Imposition of Non-Military Measures (Article 41)

The Security Council may impose measures not involving the use of armed force, including:

● Economic sanctions.
● Trade embargoes.
● Arms embargoes.
● Travel bans.
● Freezing of assets.
● Interruption of transport and communication.
● Severance of diplomatic relations.

4. Authorisation of Military Action (Article 42)

If the measures under Article 41 are inadequate, the Security Council may authorise military
action by air, sea, or land forces to restore international peace and security.

5. Special Agreements for Armed Forces (Article 43)

Member States undertake to make armed forces, assistance, and facilities available to the
Security Council under special agreements for maintaining international peace and
security.
6. Participation of Contributing States (Article 44)

When the Security Council decides to use armed forces contributed by a Member State that
is not a Council member, that State has the right to participate in the Council’s discussions
relating to the use of its forces.

7. Air Force Contingents (Article 45)

Member States are expected to keep national air force contingents ready for urgent
international enforcement action, in accordance with special agreements.

8. Planning Military Operations (Article 46)

Plans for the use of armed force are prepared by the Security Council with the assistance of
the Military Staff Committee.

9. Military Staff Committee (Article 47)

The Military Staff Committee advises and assists the Security Council on military
requirements, command, and strategic direction of armed forces.

10. Implementation of Decisions (Articles 48 & 49)

Member States are required to implement Security Council decisions and cooperate with
one another in carrying out enforcement measures.

11. Assistance to Affected States (Article 50)

A State facing special economic problems because of Security Council sanctions may
consult the Security Council for an appropriate solution.

12. Right of Self-Defence (Article 51)

Nothing in Chapter VII affects the inherent right of individual or collective self-defence if
an armed attack occurs, until the Security Council has taken the necessary measures to
maintain international peace and security.

Conclusion
Chapter VII of the United Nations Charter gives the Security Council extensive powers to
maintain international peace and security. It authorises the Council to determine threats to
peace, impose sanctions, approve military action, and ensure the implementation of its
decisions by Member States. These powers make the Security Council the principal
enforcement organ of the United Nations and an essential institution for preserving
international peace and security.
Unit 4

Jurisdiction of the International Court of

Justice (ICJ) (10 Marks)
Introduction
The International Court of Justice (ICJ) is the principal judicial organ of the United
Nations (UN). It was established in 1945 under the United Nations Charter and began
functioning in 1946. The Court settles legal disputes between States and gives advisory
opinions on legal questions referred to it by authorised UN organs and specialised agencies.
The jurisdiction of the ICJ is based primarily on the consent of States, making it the most
important judicial institution in international law.

Legal Basis / Constitutional Framework

The jurisdiction of the ICJ is governed by:

● Chapter XIV (Articles 92–96) of the United Nations Charter, 1945

● Statute of the International Court of Justice

Important Provisions:

● Article 92 (UN Charter) – Establishes the ICJ as the principal judicial organ of the
UN.
● Article 93 – All UN Members are parties to the ICJ Statute.
● Article 94 – Member States shall comply with the decisions of the ICJ.
● Article 96 – Advisory opinions.
● Article 34 (ICJ Statute) – Only States may be parties in contentious cases.
● Article 36 (ICJ Statute) – Jurisdiction of the Court.
● Articles 65–68 (ICJ Statute) – Advisory jurisdiction.

Meaning of Jurisdiction
Jurisdiction means the legal authority or power of the International Court of Justice to hear,
decide, and give opinions on international legal disputes.
Kinds of Jurisdiction of the ICJ
1. Contentious Jurisdiction

(Contentious Cases between States)

Under Article 36(1) of the ICJ Statute, the Court decides legal disputes only between
sovereign States.

The Court can exercise this jurisdiction only when the States concerned have consented to
it.

2. Jurisdiction by Special Agreement (Compromis)

Two or more States may mutually agree to submit an existing dispute to the ICJ through a
Special Agreement (Compromis). Once such an agreement is concluded, the Court has
jurisdiction to decide the dispute.

3. Compulsory Jurisdiction under the Optional Clause

Under Article 36(2) of the ICJ Statute, a State may declare that it recognises the
jurisdiction of the ICJ as compulsory, without requiring a separate agreement, in relation to
other States that have accepted the same obligation.

This is known as the Optional Clause System.

4. Treaty (Compromissory Clause) Jurisdiction

Many international treaties contain compromissory clauses providing that disputes

concerning the interpretation or application of the treaty shall be referred to the ICJ.

Examples:

● Convention on the Prevention and Punishment of the Crime of Genocide, 1948.

● Vienna Convention on Consular Relations, 1963 (where the treaty provides for ICJ
jurisdiction).

5. Advisory Jurisdiction
Under Article 96 of the UN Charter and Articles 65–68 of the ICJ Statute, the ICJ may
give advisory opinions on legal questions referred by:

● The General Assembly.

● The Security Council.
● Other UN organs and specialised agencies authorised by the General Assembly.

Advisory opinions are not legally binding, but they carry great legal and persuasive
authority.

Limitations of the ICJ’s Jurisdiction

1. Consent of States

The ICJ cannot hear a dispute unless the States concerned have accepted its jurisdiction.

2. Only States May Be Parties

Under Article 34 of the ICJ Statute, only sovereign States can bring contentious cases
before the Court.

3. No Criminal Jurisdiction

The ICJ does not try individuals for international crimes. Such matters fall within the
jurisdiction of international criminal courts, such as the International Criminal Court (ICC).

4. Enforcement of Judgments

If a State fails to comply with an ICJ judgment, the other party may approach the Security
Council under Article 94(2) of the UN Charter.

Conclusion
The International Court of Justice is the principal judicial organ of the United Nations and
plays a vital role in the peaceful settlement of disputes between States. Its jurisdiction
includes contentious jurisdiction, jurisdiction by special agreement, compulsory
jurisdiction under the Optional Clause, treaty-based jurisdiction, and advisory
jurisdiction. Although its authority depends largely on the consent of States, the ICJ
remains the most important judicial institution for the development and enforcement of
international law.
Contribution of the International Court of
Justice (ICJ) to the Development of
International Law (10 Marks)
Introduction
The International Court of Justice (ICJ) is the principal judicial organ of the United
Nations (UN). Established under Chapter XIV of the UN Charter and the Statute of the
ICJ, it plays a vital role in the peaceful settlement of disputes between States and the
progressive development of international law. Through its judgments and advisory opinions,
the ICJ has clarified legal principles, interpreted treaties, and strengthened the rule of law in
the international community.

Legal Basis / Constitutional Framework

The ICJ derives its authority from:

● Chapter XIV (Articles 92–96) of the United Nations Charter, 1945

● Statute of the International Court of Justice

Important Provisions:

● Article 92 (UN Charter) – Establishes the ICJ as the principal judicial organ of the
UN.
● Article 38 (ICJ Statute) – Lists the sources of international law applied by the Court.
● Articles 34–38 & 65–68 (ICJ Statute) – Jurisdiction and advisory opinions.

Contribution of the ICJ to the

Development of International Law
1. Peaceful Settlement of International Disputes

The ICJ resolves disputes between States through judicial decisions, thereby preventing the
use of force and promoting peaceful settlement.

2. Interpretation and Development of International Law

The Court interprets treaties and clarifies principles of international law, ensuring their
consistent application by States.

3. Development of Customary International Law

The ICJ identifies and confirms customary international law through its judgments, which are
widely relied upon by States and international tribunals.

4. Strengthening the Rule of Law

The Court reinforces the principles of sovereign equality, pacta sunt servanda (agreements
must be kept), good faith, and peaceful dispute resolution.

5. Advisory Opinions

The ICJ’s advisory opinions guide the United Nations and its specialised agencies on
important legal issues and contribute to the progressive development of international law.

6. Development of Humanitarian and Human Rights Law

The Court has clarified legal principles relating to armed conflict, self-defence, humanitarian
law, and the protection of civilians.

7. Development of Maritime and Boundary Law

The ICJ has settled numerous territorial and maritime disputes, thereby promoting
international stability and legal certainty.

Important ICJ Cases and Their

Contribution
1. Corfu Channel Case (United Kingdom v. Albania) (1949)

Facts: British warships were damaged by mines in Albanian waters.

Decision: The ICJ held Albania responsible for failing to warn about the mines.

Contribution: Established the principle that States must not knowingly allow their territory to
be used in a manner that harms other States. It also strengthened the law relating to State
responsibility.
2. North Sea Continental Shelf Cases (Federal Republic of Germany v.
Denmark; Federal Republic of Germany v. Netherlands) (1969)

Facts: The dispute concerned the delimitation of the continental shelf in the North Sea.

Decision: The ICJ held that the equidistance principle was not automatically a rule of
customary international law.

Contribution: Clarified the formation of customary international law and the concept of
equitable principles in maritime boundary delimitation.

3. Nicaragua v. United States of America (1986)

Facts: Nicaragua alleged that the United States had unlawfully supported armed rebels and
mined its ports.

Decision: The ICJ held that the United States had violated the principles of
non-intervention and the prohibition on the use of force.

Contribution: Strengthened the principles of State sovereignty, non-intervention, and the

prohibition of the use of force under customary international law.

4. Advisory Opinion on the Legality of the Threat or Use of Nuclear

Weapons (1996)

Issue: Whether the threat or use of nuclear weapons is lawful under international law.

Opinion: The ICJ held that such use would generally be contrary to international
humanitarian law, though it could not conclusively determine legality in an extreme
circumstance of self-defence where the survival of a State is at stake.

Contribution: Clarified the relationship between international humanitarian law and the
use of nuclear weapons.

5. Gabčíkovo–Nagymaros Project (Hungary v. Slovakia) (1997)

Facts: The dispute concerned the implementation of a treaty relating to a hydroelectric

project on the Danube River.

Decision: The ICJ emphasised the importance of treaty obligations while recognising the
need to consider environmental protection.
Contribution: Advanced the development of international environmental law and the
principle of sustainable development.

Conclusion
The International Court of Justice has made a significant contribution to the development of
international law through its judgments and advisory opinions. It has strengthened the
principles of peaceful dispute settlement, State responsibility, treaty interpretation, customary
international law, humanitarian law, environmental law, and maritime law. By clarifying and
developing international legal principles, the ICJ continues to play a central role in promoting
justice, legal certainty, and the rule of law in the international community.

Unit 5

UNESCO (United Nations Educational,

Scientific and Cultural Organization) (10
Marks)
Introduction
The United Nations Educational, Scientific and Cultural Organization (UNESCO) is a
specialized agency of the United Nations established to promote peace and security through
international cooperation in education, science, culture, communication, and
information. It believes that lasting peace must be built on intellectual and moral solidarity
among nations. UNESCO plays a vital role in preserving cultural heritage, promoting quality
education, protecting freedom of expression, and encouraging scientific cooperation.

Meaning / Definition
UNESCO stands for the United Nations Educational, Scientific and Cultural
Organization.

According to its Constitution (1945):

“Since wars begin in the minds of men, it is in the minds of men that the defences of
peace must be constructed.”
This statement reflects UNESCO’s objective of promoting peace through education, science,
and culture.

Legal Basis / Constitutional Framework

● Constitution of UNESCO, 1945
● Came into force on 4 November 1946.
● UNESCO is a specialized agency of the United Nations under Articles 57 and 63
of the UN Charter.

Headquarters: Paris, France.

Members: 194 Member States and 12 Associate Members (current position).

Objectives of UNESCO
1. To promote quality education for all.

2. To encourage international cooperation in science and technology.

3. To preserve cultural and natural heritage.

4. To promote freedom of expression and access to information.

5. To strengthen peace through education, science, culture, and

communication.

6. To promote respect for human rights, cultural diversity, and

sustainable development.

Organisational Structure
1. General Conference

● Supreme decision-making body.

● Meets every two years.
● Determines UNESCO’s policies and budget.
2. Executive Board

● Supervises the implementation of decisions of the General Conference.

● Coordinates UNESCO’s programmes and activities.

3. Secretariat

● Headed by the Director-General.

● Responsible for the day-to-day administration of UNESCO.

Functions of UNESCO
1. Promotion of Education

● Supports universal access to quality education.

● Promotes literacy, teacher training, and lifelong learning.

2. Protection of World Heritage

● Identifies and protects cultural and natural heritage sites through the World Heritage
Convention, 1972.

3. Promotion of Science

● Encourages international scientific cooperation.

● Supports research on climate change, water resources, and biodiversity.

4. Preservation of Culture

● Protects cultural diversity and intangible cultural heritage.

● Promotes intercultural dialogue.

5. Freedom of Expression

● Promotes freedom of the press and safety of journalists.

● Encourages free flow of information.

6. Promotion of Sustainable Development

● Supports education for sustainable development and environmental conservation.

Major Achievements of UNESCO
● Establishment of the World Heritage List.
● Promotion of the Education for All (EFA) initiative.
● Protection of endangered languages and cultural traditions.
● Promotion of scientific cooperation through programmes such as the Man and the
Biosphere (MAB) Programme.
● Support for global literacy and educational reforms.

Challenges
● Political differences among Member States.
● Financial constraints due to dependence on Member contributions.
● Protection of cultural heritage during armed conflicts.
● Ensuring equal access to education in developing countries.

Conclusion
UNESCO has made significant contributions to global peace and development by promoting
education, science, culture, and communication. Through the protection of world heritage,
advancement of quality education, and encouragement of international cooperation,
UNESCO continues to play a crucial role in fostering peace, cultural understanding, and
sustainable development. Despite facing financial and political challenges, it remains one of
the most important specialized agencies of the United Nations.

FAO (Food and Agriculture Organization

of the United Nations) (10 Marks)
Introduction
The Food and Agriculture Organization (FAO) is a specialized agency of the United
Nations (UN) established to eliminate hunger, improve nutrition, and promote sustainable
agriculture. It works with governments and international organizations to ensure food
security, increase agricultural productivity, and improve the living standards of rural
populations. FAO plays a vital role in achieving the goal of “Zero Hunger” (Sustainable
Development Goal 2).
Meaning / Definition
The Food and Agriculture Organization (FAO) is a specialized agency of the United
Nations that leads international efforts to defeat hunger, improve nutrition, and promote
sustainable agricultural development.

Legal Basis / Constitutional Framework

● Constitution of the Food and Agriculture Organization, 1945
● Established on 16 October 1945.
● FAO is a specialized agency of the United Nations under Articles 57 and 63 of
the UN Charter.

Headquarters: Rome, Italy.

Members: 194 Member States, 1 Member Organization (European Union), and 2

Associate Members (current position).

Objectives of FAO
1. To eliminate hunger and malnutrition

FAO works to ensure that all people have access to sufficient, safe, and nutritious food.

2. To improve agricultural productivity

It promotes modern farming techniques, sustainable agriculture, and efficient use of natural
resources.

3. To improve the living standards of rural populations

FAO supports rural development by increasing farmers’ incomes and employment

opportunities.

4. To promote sustainable management of natural resources

It encourages the conservation and sustainable use of land, forests, fisheries, and water
resources.

5. To strengthen global food security

FAO assists countries in preventing food shortages and responding to food emergencies.
Organisational Structure
1. FAO Conference

● The supreme governing body.

● Meets every two years.
● Approves the programme of work and budget.

2. FAO Council

● Executive body of FAO.

● Supervises the implementation of policies between Conference sessions.

3. Director-General

● Chief executive officer of FAO.

● Heads the Secretariat and manages the organization’s day-to-day administration.

4. Secretariat

● Carries out FAO’s programmes and administrative functions through its technical and
regional offices.

Functions of FAO
1. Promoting Food Security

FAO helps countries ensure access to adequate, safe, and nutritious food for all.

2. Agricultural Development

It provides technical assistance to improve crop production, livestock farming, fisheries, and
forestry.

3. Research and Data Collection

FAO collects and publishes global data on agriculture, food production, fisheries, forestry,
and nutrition.

4. Emergency Assistance
It provides food and agricultural support during natural disasters, conflicts, and humanitarian
crises.

5. Setting International Standards

Through the Codex Alimentarius Commission (jointly with WHO), FAO develops
international food safety standards.

6. Environmental Protection

FAO promotes sustainable farming practices and the conservation of natural resources.

7. Capacity Building

It trains farmers, agricultural experts, and government officials to improve agricultural

productivity and food systems.

Major Achievements of FAO

● Leading global efforts to reduce hunger and malnutrition.
● Development of international food safety standards through the Codex Alimentarius
Commission.
● Improvement of agricultural productivity in developing countries.
● Support for sustainable fisheries, forestry, and biodiversity conservation.
● Assistance in responding to global food crises and agricultural emergencies.

Challenges
● Rising global hunger and food insecurity.
● Climate change affecting agriculture and food production.
● Loss of biodiversity and degradation of natural resources.
● Armed conflicts disrupting food supply chains.
● Increasing demand for food due to population growth.

Conclusion
The Food and Agriculture Organization (FAO) plays a crucial role in achieving global food
security and sustainable agricultural development. Through technical assistance, research,
policy support, and emergency response, FAO helps countries combat hunger, improve
nutrition, and promote sustainable use of natural resources. It remains one of the most
important specialized agencies of the United Nations in advancing global agricultural and
food security goals.