🤍 Chapter 6

Required reading 6.1-6.3, 6.7

6.1 - Introduction: Beyond the State

This section serves as an introduction to how international law is expanding
beyond its traditional focus on States as the primary subjects. It highlights the
growing role of other entities, especially international organizations, in
shaping and developing international law. Let’s break down the key concepts:

1. The Traditional Primacy of States

Historically, States have been the central actors in the international legal
system, as discussed in Chapter 5.

The legal framework was built on the idea that States are the primary
subjects with rights and obligations under international law.

States are sovereign entities that create, enforce, and are bound by
international rules, and their sovereignty has traditionally been paramount.

2. The Rise of Other Actors

Despite the central role of States, other entities have become increasingly
influential in the international legal landscape.

International organizations, in particular, have grown in importance and

now play a significant role in the development, implementation, and
enforcement of international law.

These organizations are usually created by States through treaties and

agreements.

Examples include the United Nations (UN), the World Health

Organization (WHO), and the European Union (EU).

How International Organizations Differ from States

Unlike States, international organizations do not have territorial
sovereignty but have legal personality that allows them to enter into
agreements, sue or be sued, and take actions under international law.

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 Their authority is usually limited to the specific mandates and purposes for
which they were created, such as promoting health, security, or economic
cooperation.

3. International Organizations in the Legal Order

The chapter emphasizes that while States remain central, the presence of
international organizations reflects a shift towards a more complex
international legal system.

These organizations facilitate cooperation among States, standardize

rules, and address issues that transcend national borders, such as climate
change, public health, and peacekeeping.

Their role illustrates how the international legal order is evolving to include
multiple actors that contribute to the creation and enforcement of
international norms.

4. The United Nations: A Case Study

The chapter will eventually focus on the United Nations (UN), which is
considered the most prominent international organization.

The UN is an example of how international organizations can have a

profound impact on global peace, security, and human rights.

The chapter will cover the structure of the UN, demonstrating how it
operates as a platform for multilateral diplomacy and the development of
international law.

Key Takeaways
States are no longer the exclusive subjects of international law;
international organizations now play a critical role in shaping global rules.

The emergence of these organizations shows how the international legal

system is adapting to new challenges that require cooperation beyond the
nation-state level.

Understanding the structure and functions of international organizations,

particularly the United Nations, is essential to grasping the current
dynamics of international law.

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 This section sets the stage for a deeper exploration of how international
organizations function and their impact on the evolving international legal
order, which will be covered in subsequent sections of the chapter.

6.2 Institutionalized Cooperation - The Rise of

International Organizations
This section provides an overview of the historical development and evolution
of international organizations. It explores how these organizations emerged to
address specific international issues and evolved into institutions that facilitate
broad cooperation on global challenges. Let’s break down the key points:

1. The Emergence of International Organizations

International organizations are a relatively recent development in the
history of international law and relations.

In the 19th and early 20th centuries, States convened ad hoc conferences
to resolve specific international issues. For instance:

The Congress of Vienna (1815) and the Versailles Conference (1919)

were organized to settle disputes after major conflicts (Napoleonic
Wars and World War I, respectively).

The Berlin Conference (1884) addressed European colonial expansion

in Africa.

The Hague Conferences (1899 and 1907) focused on the regulation of

armed conflict.

2. Early International Organizations with Limited Scope

The earliest international organizations were created to address technical
and localized issues:

The Rhine Commission (1815) and the Danube Commission (1856)

managed navigation and trade on these rivers.

These organizations dealt with specific technical matters, such as the

management of international waterways.

Other examples include:

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 The International Telegraph Union (1865): Focused on establishing
standards for telegraphic communication.

The Universal Postal Union (1874): Aimed at coordinating international

postal services.

The Permanent Court of Arbitration (PCA), established by the Hague

Conference of 1899, provided a mechanism for States to resolve
disputes through arbitration.

Key Point: These early organizations were primarily concerned

with technical cooperation and were not designed to address
broader political or security issues.

3. The Shift Towards Broader Political Cooperation: The

League of Nations
The creation of the League of Nations in 1919 marked a significant shift in
the role of international organizations.

Unlike earlier organizations, the League was established to address

wider political issues, including the maintenance of international
peace and security.

However, the League faced challenges, such as:

Institutional weaknesses, particularly the need for unanimity in the

Council’s decisions.

The lack of participation by major powers (e.g., the US never

joined).

These issues ultimately led to the dissolution of the League and its
replacement by the United Nations (UN) in 1945.

Continuity with the UN

Despite its failures, many of the institutional features of the League of
Nations were carried over to the UN, such as:

The creation of the UN Security Council, which has the authority to

maintain international peace and security.

The idea of using collective security measures to prevent conflicts.

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 4. The Modern Role of International Organizations
Today, international organizations are involved in virtually all areas of
global concern. They facilitate cooperation in:

Economic policies: Harmonizing tariffs, regulating international trade,

and promoting economic development.

Environmental protection: Managing ecosystems and addressing

climate change.

Security: Regional and global efforts to maintain peace, such as NATO

and the UN.

These organizations vary in scope and scale:

Some are small bilateral commissions that regulate shared resources,

like water bodies.

Others, like the UN, have a universalist scope, aiming to address global
issues such as peace, security, and human rights.

Examples of International Organizations Today:

Regional Organizations: The European Union (EU), African Union (AU),
and Association of Southeast Asian Nations (ASEAN).

Specialized Agencies: The World Health Organization (WHO), World

Trade Organization (WTO), and International Monetary Fund (IMF).

Key Takeaways
The development of international organizations has been an iterative
process that evolved from localized technical cooperation to broad-based
political and security cooperation.

The shift from early technical organizations to broader entities like the
League of Nations and later the UN reflects an increasing need for global
cooperation in a variety of fields.

Modern international organizations facilitate cooperation among States,

addressing complex, transnational issues that individual States cannot
solve alone.

This section sets the stage for understanding the structure and functions of
various international organizations and their impact on the international legal

🤍 Chapter 6 5
 order, which will be explored further in the rest of the chapter.

6.3 - What is an ‘International Organization’?

This section explores how international organizations are defined and what
differentiates them from other entities. It delves into the criteria that qualify an
entity as an international organization under international law, using the 2011
Articles on the Responsibility of International Organizations (ARIO) as a
framework.

1. Definition of an International Organization (According to

ARIO)
According to Article 2(a) of the ARIO, an international organization is
defined as:

"An organization established by a treaty or other

instrument governed by international law and possessing
its own international legal personality."

This definition highlights three key conditions that must be met for an entity
to be classified as an international organization:

1. Membership: Predominantly composed of States, though it may

include other entities.

2. International legal personality: It must have a distinct legal identity that

is separate from its member States.

3. Governed under international law: It must be established and operate

under the rules of international law, often through treaties or similar
instruments.

2. Key Conditions Explained

i. Membership
International organizations are usually composed of States as members,
although non-State entities can also be included.

This excludes non-governmental organizations (NGOs), like the Red

Cross, Amnesty International, or Greenpeace, which operate under

🤍 Chapter 6 6
 domestic law rather than international law.

Example: The UN, World Trade Organization (WTO), and International

Telecommunication Union (ITU) are true international organizations
because they are primarily composed of States.

Membership can be closed or restricted:

Closed Membership: Organizations like the European Union (EU) or

ASEAN are limited to specific regions or purposes.

Purpose-Driven Membership: For example, the Francophonie includes

members committed to promoting the French language.

ii. International Legal Personality

To qualify as an international organization, it must possess a legal
personality distinct from its members. This means it can:

Enter into treaties.

Sue or be sued.

Own property and engage in legal actions.

An international organization needs at least one independent organ

capable of making decisions on its own, separate from its members.

Example: The OECD has its own organs and administrative structures,
thus possessing legal personality.

Non-example: The G20 lacks permanent organs and operates under

the hosting State's administration, so it does not qualify as an
international organization.

iii. Governed Under International Law

International organizations must be established and function under
international law.

Most are created through treaties, but they can also be established through
resolutions by other international bodies.

Example: The International Criminal Tribunals for the former

Yugoslavia (ICTY) and Rwanda (ICTR) were established by resolutions
of the UN Security Council.

🤍 Chapter 6 7
 Some organizations, like the OSCE and OPEC, gradually emerged through
multilateral conferences and agreements.

3. Distinguishing International Organizations from Other

Entities
Organizations established for commercial purposes but governed by
domestic law are not international organizations.

Examples:

Airbus, a French company with German, Spanish, and British

government investors, is governed by French corporate law.

SAS Scandinavian Airlines, a Swedish company with shares held

by Scandinavian governments, operates under Swedish law.

4. Challenges in Defining International Organizations

The diversity of international organizations makes it difficult to establish a
universal set of principles applicable to all.

Two main challenges:

1. Variety in forms: International organizations differ greatly in terms of

structure, purpose, and scope.

2. Specific governing laws: Each organization is governed by its own

constituent instrument, meaning the rules can vary significantly from
one organization to another.

However, certain common principles still apply, primarily derived from

customary international law:

Interpretation of the organization's founding documents.

Determination of legal personality.

Establishing the organization’s responsibility under international law.

5. Compliance with Jus Cogens (Peremptory Norms)

Regardless of their specific mandates or governing structures, international
organizations must not violate peremptory norms (jus cogens) of
international law.

🤍 Chapter 6 8
 Jus cogens norms are fundamental principles that cannot be
derogated, such as prohibitions against genocide, torture, and slavery.

Key Takeaways
International organizations are distinct entities with legal personalities
separate from their member States, allowing them to operate independently
under international law.

They play a crucial role in facilitating cooperation on global issues but must
adhere to the rules set by international law, including respect for jus
cogens norms.

Understanding the definition and characteristics of international

organizations is key to grasping their role in the international legal system.

This section lays the groundwork for exploring the structure, functions, and
legal responsibilities of international organizations, which will be further
examined in the following sections of the chapter.

6.7 The United Nations system

This section discusses the United Nations (UN) as the most significant and
influential international organization in the world. It highlights the broad
purposes of the UN as outlined in its founding document, the UN Charter, and
explains the significance of its supremacy clause in ensuring that its
obligations take precedence over other international agreements.

1. The UN’s Claim to Universality

The United Nations is unique among international organizations due to its
near-universal membership.

Almost every recognized State in the world is a member of the UN, except
for a few entities whose statehood is disputed, such as Kosovo, Palestine,
and Taiwan (these disputes are covered in Chapter 5).

This wide membership gives the UN a strong claim to universality, making

it the preeminent platform for international cooperation.

2. The Broad Purposes of the UN (As Outlined in Article 1 of the

UN Charter)

🤍 Chapter 6 9
 The UN Charter defines the purposes of the organization, which encompass a
wide range of objectives:

a. Maintenance of International Peace and Security and the taking of

collective effective measures to that end

The primary goal of the UN is to maintain peace and prevent conflicts

among nations.

The UN aims to take collective measures, such as peacekeeping missions

and sanctions, to address threats to international peace.

b. Development of Friendly Relations between Nations based on equal rights

and self-determination of peoples

The UN promotes friendly relations between countries, emphasizing the

principle of equal rights and the self-determination of peoples.

This includes supporting nations in choosing their own political, economic,

and social systems without external interference.

c. Promotion of International Cooperation regarding problems of an econmic,

social, cultural, or humanitarian character.

The UN encourages international cooperation to address global

challenges in various areas:

Economic development

Social and cultural exchanges

Humanitarian aid

The organization serves as a forum for collective action to solve issues like
poverty, climate change, and health crises.

d. Encouragement of Respect for Human Rights without distinction as to

race, sex, language or religion.

The UN promotes respect for human rights for all individuals, irrespective
of race, gender, language, or religion.

🤍 Chapter 6 10
 This involves efforts to eliminate discrimination and uphold fundamental
freedoms across the globe.

3. The UN as a Harmonizing Centre

One of the explicit aims of the UN is to act as a centre for harmonizing the
actions of nations to achieve these common goals.

This reflects the UN’s role in facilitating dialogue among member States
and coordinating international efforts for the common good.

4. The Supremacy Clause (Article 103 of the UN Charter)

Article 103 of the UN Charter contains a crucial provision known as the
"supremacy clause":

It states that obligations under the UN Charter take precedence over

any other international agreements or treaties that member States may
have.

Implications of the Supremacy Clause:

If there is a conflict between the obligations a State has under the UN

Charter and other treaties, the UN Charter obligations will prevail.

This clause strengthens the UN’s legal authority by ensuring that its
mandates are superior to other international commitments.

This supremacy clause is one of the factors that solidify the UN’s pre-
eminent status among international organizations, giving it a unique
position in the international legal system.

Key Takeaways
The UN’s broad mandate allows it to address nearly every aspect of
international relations, from security and human rights to economic
cooperation and social development.

The supremacy clause in Article 103 of the UN Charter ensures that

member States prioritize their obligations to the UN over other treaties,
reinforcing the UN’s central role in global governance.

The UN serves as a harmonizing force, coordinating efforts among nations

to tackle global challenges and promote peaceful coexistence.

🤍 Chapter 6 11
 By understanding the UN's purposes, structure, and legal authority, we can
appreciate its unique role in the international legal order and its influence on
how States interact and cooperate on the global stage.

6.7.1 Institutional structure

[Link] Organs of the United Nations
This section provides an overview of the institutional structure of the United
Nations (UN), explaining the roles of its principal organs and the creation of
subsidiary bodies and specialized agencies. It highlights how the UN is
organized to carry out its broad mandates effectively.

1. Two Types of Organs in the UN

According to Article 7 of the UN Charter, there are two main types of organs
within the UN:

a. Principal Organs (Article 7(1))

The UN is structured around six principal organs, which serve as the main
pillars of its activities:

1. The General Assembly: A deliberative body where all member States

are represented. It discusses and makes recommendations on
international issues.

2. The Security Council: Responsible for maintaining international peace

and security. It has the authority to impose sanctions, authorize
military action, and pass binding resolutions.

3. The Economic and Social Council (ECOSOC): Focuses on economic,

social, and environmental issues, coordinating the work of specialized
agencies and promoting sustainable development.

4. The Trusteeship Council: Originally established to oversee the

administration of trust territories as they moved towards self-
governance. It has largely been inactive since the completion of its
mission.

5. The International Court of Justice (ICJ): The judicial organ of the UN

that settles legal disputes between States and provides advisory
opinions on international legal issues.

🤍 Chapter 6 12
 6. The Secretariat: The administrative body that carries out the day-to-
day work of the UN. It is headed by the Secretary-General, who serves
as the chief administrative officer of the organization.

b. Subsidiary Organs (Article 7(2))

In addition to the principal organs, the UN Charter allows for the creation of
subsidiary organs to fulfill specific functions.

These subsidiary bodies are often created by the principal organs to

address specialized issues or needs.

2. Examples of Subsidiary Organs

The various principal organs have established numerous subsidiary organs to
carry out specific functions:

a. Created by the General Assembly

Human Rights Council: Focuses on promoting and protecting human
rights globally. (prominent subsidiary organ)

International Law Commission (ILC): Works on the progressive

development of international law.

Office of the UN High Commissioner for Refugees (UNHCR): Provides

protection and assistance to refugees worldwide.

UNICEF: Dedicated to improving the lives of children and mothers in

developing countries.

b. Created by the Security Council

Ad hoc tribunals:

International Criminal Tribunal for the former Yugoslavia (ICTY):

Established to prosecute serious crimes committed during the conflicts
in the Balkans.

International Criminal Tribunal for Rwanda (ICTR): Established to

prosecute those responsible for the Rwandan genocide.

UN Compensation Commission (UNCC): Created to process claims for

compensation resulting from Iraq’s invasion of Kuwait.

🤍 Chapter 6 13
 c. Under the Economic and Social Council (ECOSOC)
Functional Commissions:

Commission on the Status of Women: Promotes gender equality and

the empowerment of women.

Commission on Sustainable Development: Focuses on promoting

sustainable development practices.

Standing Bodies and Expert Bodies:

UN Conference on Trade and Development (UNCTAD): Works to

integrate developing countries into the global economy.

Committee on Natural Resources: Addresses issues related to the

sustainable management of natural resources.

3. The Role of Subsidiary and Specialized Bodies

The creation of these subsidiary bodies allows the UN to address specific
issues that require specialized focus and expertise.

These bodies operate under the umbrella of the UN, but they are often
semi-autonomous, allowing them to focus on their specific mandates
efficiently.

Key Takeaways
The UN’s institutional structure is designed to cover a wide range of
global issues, from peace and security to human rights and development.

The six principal organs serve as the main pillars, while the subsidiary
organs and specialized agencies address more specific concerns.

This structure allows the UN to adapt and respond to the diverse and
evolving challenges of the international community.

Understanding the UN's institutional framework is crucial for appreciating how

the organization functions as a global platform for cooperation on issues that
transcend national borders.

[Link].1 The General Assembly

🤍 Chapter 6 14
 This section provides an overview of the General Assembly, which is one of
the six principal organs of the United Nations (UN). The General Assembly is
the most inclusive and representative body within the UN, where all 193
member States participate equally. Let's break down its structure, functions,
and significance:

1. The General Assembly as the Plenary Organ

The General Assembly is the only principal organ where all UN member
States are represented, with one vote per country (Article 9 of the UN
Charter).

It is the plenary body of the UN, meaning it serves as the broadest forum
for discussion, allowing every member State to have an equal voice on
international matters.

Key Characteristics:
Universal Membership: All 193 member States are represented.

Equal Voting Rights: Each member has one vote, regardless of size,
population, or economic power.

2. Meetings and Sessions

The General Assembly meets annually in regular sessions held in the
autumn.

In addition to these regular sessions, the Assembly has the authority to

convene emergency special sessions to address urgent issues.

Example: Over the years, there have been ten emergency special
sessions to discuss critical situations, such as conflicts or global crises.

Structure and Committees (is niet echt expliciet genoemd in dit onderdeel)

Much of the substantive work of the General Assembly is carried out

within its six main committees:

1. Disarmament and International Security Committee (First Committee)

2. Economic and Financial Committee (Second Committee)

3. Social, Humanitarian, and Cultural Committee (Third Committee)

🤍 Chapter 6 15
 4. Special Political and Decolonization Committee (Fourth Committee)

5. Administrative and Budgetary Committee (Fifth Committee)

6. Legal Committee (Sixth Committee)

These committees are where detailed discussions and negotiations take

place on various issues before resolutions are presented to the full
Assembly for voting.

4. Decision-Making and Resolutions

The General Assembly makes decisions through resolutions, which can be
adopted by either:

A simple majority for most matters.

A two-thirds majority for important questions (Article 18). These

include issues like:

The admission of new members to the UN.

Approving the UN budget.

Decisions regarding peace and security.

Binding Nature of Resolutions

General Assembly resolutions are generally not legally binding on
member States, except in matters related to the internal administration of
the UN, such as its budget (Article 17).

However, these resolutions can still have significant influence:

Some resolutions reflect customary international law or help shape the

development of new international norms.

Over time, repeated resolutions can influence State behavior and

contribute to the formation of customary international law.

5. Influence on International Law

Even though the General Assembly's resolutions are usually non-binding,
they can play a crucial role in guiding international norms and shaping
State practice.

For example:

🤍 Chapter 6 16
 Declarations made by the General Assembly, such as the Universal
Declaration of Human Rights, have had a profound impact on
international law.

Resolutions can signal the collective will of the international community

and push States towards adopting new practices or laws.

Key Takeaways
The General Assembly is a central forum for debate and decision-making
on global issues, giving all member States an equal voice.

While most of its resolutions are non-binding, they can significantly

influence State behavior and contribute to the development of customary
international law.

The work carried out in its committees ensures that complex issues are
thoroughly discussed before reaching the entire Assembly for a vote.

Understanding the role and functioning of the General Assembly is crucial to

appreciating how the UN serves as a platform for international cooperation
and global governance.

[Link].2 The Security Council

This section provides an in-depth look at the UN Security Council, one of the
six principal organs of the United Nations. The Security Council is often
regarded as the closest equivalent to an executive organ within the UN system,
holding significant authority over matters of international peace and security.
Let's break down its composition, powers, and functions:

1. Composition of the Security Council

The Security Council consists of 15 members:

5 permanent members (also known as the P5):

China, France, Russia, the United Kingdom, and the United States.

10 non-permanent members elected by the General Assembly for

two-year terms.

The non-permanent members are chosen with consideration for

geographical representation:

🤍 Chapter 6 17
 5 seats for Africa and Asia.

2 seats for Latin America.

2 seats for Western Europe and other States.

1 seat for Eastern Europe.

Voting Procedure and Veto Power

Each member of the Security Council has one vote.

For non-procedural matters, decisions require the concurring vote of all

five permanent members (Article 27). This effectively means that any
permanent member can veto a substantive decision.

Abstention by a permanent member is not considered a veto, so a

decision can still pass if one or more permanent members abstain rather
than vote against it.

2. The Council’s Responsibilities and Powers

Primary Responsibility: The Security Council is tasked with maintaining
international peace and security (Article 24 of the UN Charter).

This includes the authority to investigate disputes, impose sanctions,

authorize military interventions, and establish peacekeeping
operations.

Recommendations to the General Assembly:

The Security Council can recommend actions regarding the admission,

suspension, or expulsion of member States (Articles 4–6).

It plays a role in the election of International Court of Justice (ICJ)

judges, along with the General Assembly.

Amendments to the UN Charter

The UN Charter can only be amended with the support of all permanent
members of the Security Council and a two-thirds majority in the General
Assembly (Article 108).

This requirement highlights the significant influence the P5 hold over any
changes to the structure or principles of the UN.

🤍 Chapter 6 18
 3. The Binding Nature of Security Council Decisions
Unlike other UN organs, the Security Council's decisions (but not its
recommendations) are legally binding on all member States (Article 25).

However, the Council's binding power is not unlimited:

It cannot enact general legislation or impose obligations unrelated to its

peace and security mandate (e.g., requiring States to combat climate
change).

Its authority is generally exercised in response to specific threats, such

as conflicts or situations that threaten international stability.

Examples of Binding Resolutions

The Security Council has, at times, adopted resolutions with a quasi-
legislative character:

Resolution 1373 (2001): Adopted after the 9/11 attacks, it called on

States to implement measures to combat terrorism, such as enhancing
border security and freezing terrorist assets.

Resolution 1540 (2004): Required States to prevent the proliferation of

weapons of mass destruction to non-state actors.

These resolutions are notable because they impose general obligations on

all States, extending beyond the Council’s usual focus on specific conflicts.

The Council also set up committees to monitor State compliance with these
resolutions, effectively exercising a quasi-legislative role.

Key Takeaways
The UN Security Council is the most powerful organ of the UN, with the
ability to make binding decisions that affect all member States.

The veto power of the permanent members gives them substantial

influence over the Council’s actions, allowing any one of them to block
substantive decisions.

While traditionally focused on specific peace and security issues, the

Council has, in recent years, expanded its role to include quasi-legislative
actions addressing global threats like terrorism and WMD proliferation.

🤍 Chapter 6 19
 The Security Council’s actions and decisions have a significant impact on
international law and State behavior, making it a key player in global
governance.

[Link].3 Other principal organs

This section provides an overview of the remaining principal organs of the
United Nations (UN) beyond the General Assembly and the Security Council. It
covers the Economic and Social Council (ECOSOC), the Secretariat, the
Trusteeship Council, and the International Court of Justice (ICJ). These
organs have specialized functions that contribute to the overall mission of the
UN.

1. Economic and Social Council (ECOSOC)

Role and Composition

ECOSOC is primarily responsible for economic, social, and cultural matters
within the UN system.

It consists of 54 member States elected by the General Assembly for

three-year terms (Article 61 of the UN Charter).

Functions and Responsibilities

ECOSOC can make non-binding recommendations to:

The General Assembly.

Relevant specialized agencies (like UNESCO).

Member States directly (Article 62).

Human Rights: ECOSOC played a key role in drafting major human rights
treaties, such as:

The International Covenant on Civil and Political Rights (ICCPR).

The International Covenant on Economic, Social, and Cultural Rights

(ICESCR).

ECOSOC also coordinates the activities of various UN specialized agencies

involved in areas like education, culture, and health.

Subsidiary Bodies

🤍 Chapter 6 20
 A wide range of commissions and subsidiary organs operate under
ECOSOC, focusing on specific issues like women’s rights, sustainable
development, and public health.

2. The UN Secretariat

Role and Structure

The Secretariat is the administrative arm of the UN, responsible for
supporting the work of the various UN organs (except the ICJ, which has its
own registry).

Staff Independence: Secretariat personnel are required to be independent

of national governments and are only accountable to the UN itself (Article
100). This independence positions them as a kind of international civil
service.

The Secretary-General
The Secretariat is headed by the Secretary-General, who is appointed by
the General Assembly based on the unanimous recommendation of the
Security Council (Article 97).

Duties of the Secretary-General:

Administers the day-to-day operations of the UN.

Can bring to the Security Council's attention any issue that may
threaten international peace and security (Article 99).

Uses good offices to mediate and resolve international disputes.

The influence of the Secretary-General can vary depending on the

personality and outlook of the officeholder.

Current Secretary-General (since 2017): António Guterres of Portugal.

3. The Trusteeship Council

Purpose and Historical Context

The Trusteeship Council was established to oversee the administration of
trust territories under Chapter XII of the UN Charter.

🤍 Chapter 6 21
 Trust territories included former League of Nations mandates and
territories taken from enemy States after World War II.

The council was designed to promote self-governance and independence

in these territories.

Key Developments
Voluntary trusteeship (Article 77) was never utilized, and the mechanism
eventually became obsolete.

The last trust territory, Palau, gained independence in 1994, after which the
Trusteeship Council suspended its operations.

4. The International Court of Justice (ICJ)

Role and Influence

The ICJ serves as the principal judicial organ of the UN and plays a crucial
role in the development of international law.

Its judgments are influential, often cited as precedents in international legal

disputes.

The ICJ’s work is covered in more detail in Chapter 12 of the book.

Functions
The ICJ handles disputes between States and provides advisory opinions
on legal questions referred by the UN General Assembly or the Security
Council.

It is critical for interpreting and applying international law, thus contributing

to global legal order.

Key Takeaways
The UN’s principal organs each have specific roles that together support
the organization’s broader mission of maintaining peace, promoting human
rights, and fostering social and economic development.

ECOSOC focuses on social and economic matters, while the Secretariat

handles the administrative functions necessary for the UN's operations.

🤍 Chapter 6 22
 The Trusteeship Council, though now inactive, played a key historical role
in guiding former territories to self-governance.

The ICJ remains vital in interpreting international law and ensuring legal
accountability among States.

Understanding these organs' functions provides insight into how the UN

operates as a multifaceted organization, addressing a wide range of global
issues.

[Link] Specialized agencies and the United Nations

This section explores the role and structure of specialized agencies within the
broader United Nations (UN) system. Unlike subsidiary organs of the UN,
specialized agencies are independent international organizations that operate
autonomously but are linked to the UN through specific agreements.

Key Points and Terms

1. Specialized Agencies vs. Subsidiary Organs

Subsidiary organs (e.g., the Human Rights Council or UNICEF) are

directly created by the UN and are an integral part of its structure.

In contrast, specialized agencies are independent entities established

through their own treaties. They are not created by the UN Charter but
are linked to the UN system through agreements as per Articles 57 and
63 of the UN Charter.

These agencies operate in specific, defined fields but have a global

reach similar to the UN in terms of membership and scope.

2. Articles 57 and 63 of the UN Charter

Article 57: Allows for the creation of specialized agencies that can be
brought into a relationship with the UN.

Article 63: Authorizes the Economic and Social Council (ECOSOC) to

enter into agreements with these agencies to coordinate their activities
with those of the UN.

3. Global Responsibilities and Membership

These specialized agencies cover a wide range of technical, scientific,

economic, and social areas, reflecting the diverse interests and needs

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 of member States.

Some of these agencies were established before the creation of the UN

and were later integrated into its system, while others were established
after the UN was formed in response to specific global challenges.

List of Specialized Agencies and Their Establishment Dates

1. International Telecommunications Union (ITU) - 1865
Focus: Global telecommunications standards and coordination.

2. Universal Postal Union (UPU) - 1874

Focus: International postal services and cooperation.

3. International Labour Organization (ILO) - 1919

Focus: Promoting labor rights and fair working conditions.

4. International Bank for Reconstruction and Development (World Bank

Group) - 1944
Focus: Financial and technical assistance for development projects.

5. International Monetary Fund (IMF) - 1945

Focus: Global monetary cooperation and financial stability.

6. Food and Agriculture Organization (FAO) - 1945

Focus: Eliminating hunger, improving agriculture, and food security.

7. United Nations Educational, Scientific and Cultural Organization

(UNESCO) - 1945
Focus: Promoting education, science, culture, and communication.

8. International Civil Aviation Organization (ICAO) - 1947

Focus: Regulating international air travel and aviation standards.

9. World Health Organization (WHO) - 1948

Focus: Global public health and disease prevention.

10. World Meteorological Organization (WMO) - 1950

Focus: Weather, climate, and atmospheric research.

11. International Atomic Energy Agency (IAEA) - 1957

Focus: Nuclear safety, security, and peaceful use of atomic energy.

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 12. International Maritime Organization (IMO) - 1959
Focus: Maritime safety, environmental protection, and shipping regulations.

13. United Nations Industrial Development Organization (UNIDO) - 1966

Focus: Promoting industrial development and economic growth.

14. World Intellectual Property Organization (WIPO) - 1967

Focus: Protection of intellectual property rights globally.

15. International Fund for Agricultural Development (IFAD) - 1974

Focus: Financing agricultural development to reduce rural poverty.

16. World Tourism Organization (UNWTO)

Focus: Promoting responsible, sustainable, and universally accessible
tourism.

Significance of Specialized Agencies

These agencies play a crucial role in coordinating global efforts across
diverse areas, from health and education to finance and intellectual
property.

Although they are independent entities, their agreements with the UN

ensure that their activities align with the UN’s broader goals of promoting
peace, development, and human rights.

The specialized agencies help the UN address technical and specialized

issues that require expertise and cooperation beyond the capacity of the
main UN organs.

Key Takeaways
Specialized agencies are essential components of the UN system, focusing
on specific areas of global concern while operating independently.

Their autonomy allows them to develop technical expertise and

specialized policies, while their agreements with the UN ensure
coordination and alignment with the organization’s overarching goals.

Understanding the role of these agencies helps highlight the multifaceted

approach the UN uses to tackle complex international challenges,
leveraging specialized knowledge and cooperation.

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