UNITED NATION

Origin of United Nations:

The foundation of UN were laid on the ashes of LoN's. Leagues failure to avert war and promote the cause of peace reiterated the conviction of the
people all over the world to workout for enduring peace. The name "United Nations" were devised by President Franklin D. Roosevelt and was first
used in the declaration by United Nations on 1st January 1942, during war when representatives of 16 nations pledged their governments to continue
fighting together against the Axis powers. The advent of UN owes its roots to the Moscow Declaration of 1st November 1943 where Foreign Ministers
of China, Russia, UK and United States took up a decision to establish an international organisation. The final draft of UN was signed on June 26, 1945.
The UN charter came into being on October 24 1945 when it was ratified by a requisite number of States.
Objectives of UN:-
(i) To save the succeeding generations from the scourge of war.
(ii) To reaffirm faith in fundamental human rights in the work and dignity of human person and equal rights of men, women and nations large and small.
(iii) To establish conditions under which justice and respect for the obligations arising from treaties and other sources of Intr. law can be maintained.
(iv) To promote social progress and better standard of life in large freedom.
Principal Organs of United Nations:
The charter provided for the establishment of six organs of UN: The General Assembly, The Security Council, The economic and Social Council, The
Trusteeship Council, The International Court of Justice and The Secretariat.
1. General Assembly:-
Composition:- General Assembly is the apex body of the United Nations. It has been described as the town meeting of the world because all the
members of UN are the members of General Assembly. Each member has a single vote even though each state can send five representatives to the
Assembly. The General Assembly at its first session elects a president for a term of twelve months. As a matter of convention the president is taken
from a minor country. In addition to President the General Assembly at its first session also elects Seventeen(17) vice-presidents and Seven(7)
chairmen for the seven standing committees. All these official along with the president constitute the General Committee, which acts as a steering
committee for each session. While nominating Seventeen(17) vice-presidents effort is made to provide representation to all the areas. Usually seven
members are taken from Asian and African states; Three from Latin American states; Two from Western European states and five seats are given to five
permanent members of the Security Council. Likewise, the Chairmanship is also allocated in the same way.
Sessions of General Assembly: The regular session of the General Assembly is held once a year. The session commences on 3rd Tuesday in September
and continue until mid-December. In addition, special sessions of the Assembly can be called at the request of the Security Council, a majority of
member states or one member state with the concurrence of the majority.
Voting: Decisions on all important questions are taken by two-third majority of the members present. The other matters are decided by simple majority.
Agenda: The G.A. conducts its business on the basis of agenda which is prepared by the S. General in the month of July. The agenda includes Report of
Secretary General, reports of other organs of the UN, items proposed by the members of UN.
Committees of General Assembly:- As G.A. is quite a large body where effective deliberation are not possible, it works through committees. The
matters are allocated on the advice of General Committee:
(i) First Committee (Disarmament & related to International Security matters) (ii) 2nd Committee (Economic & Financial Matters)
(iii) 3rd Committee (Social, Humanitarian & Cultural matters) (iv) 4th Committee (Decolonisation matters)
(v) Fifth Committee (Administrative and Budgetary matters) (vi) Sixth Committee (Legal Matters)
General Debate:- The annual session of G.A. starts with a general debate. This general debate is a rare moment for seizing the spotlight and putting a
point of view that might otherwise be ignored.
Functions & Powers of General Assembly:-
(i) Deliberative Functions:- The G.A. can discuss any question or matter within the scope of the UN charter and relating to any organ of the United
Nations. The G.A. makes recommendations on various issues, including peace and security, human rights and [Link]. The G.A. shapes international
policies and norms through resolutions, declarations and other decisions.
The recommendations of the G.A. do not possess any legal sanction and are merely an expression of opinion or advice of the Assembly which is not
binding on the member states. Furthermore, G.A. enjoys extensive powers with regard to discussion on world problems, it cannot intervene in the
matters within the domestic jurisdiction of the states.
(ii) Supervisory Functions: It includes the power to exert control and regulate the working of other organs and agencies of the UN. It receives and
considers annual and special reports from other organs of the UN.
(iii) Financial Functions: The G.A. enjoys imp. financial powers. It apportions expenses among the member states and approves the budget of the UN.
(iv) Electoral Functions: It includes the admission of new members and selection of members for other organs of the UN. It admits other members to
the UN on the recommendation of Security Council. It maybe noted that no new member can be admitted without an affirmative vote of the GA. The
GA can also suspend the members of the UN. The GA can also recommend the Security Council to expel a member state on the ground of violating the
principles of UN Charter.
(v) Constituent Functions: The GA enjoys imp. power with regard to the amendment of the Charter. Amendment to the UN Charter can be carried out
by the GA by two-third majority of its members. However, these amendments have to be ratified by two-thirds of the members of UN including all
permanent members of the Security Council.
Uniting For Peace Resolution of 1950 and Changed Role of the Assembly: A remarkable change took place in the powers and role of the General
Assembly following the adoption of "Uniting for Peace Resolution" on 3rd November 1950.
The resolution laid down that if the Security Council, because of lack of unanimity of the permanent members, fails to perform the primary
responsibility for maintenance of peace and security, in any case where there appears a threat to the peace or act of aggression, the General Assembly
shall consider the matter immediately with a view to make appropriate recommendations to the members for collective measures, the use of armed
forces when necessary to maintain or restore international peace and security.
The resolution provided that if the General Assembly is not in session at the time, it may meet in emergency special session within 24 hours requested
by security council or by majority of the member States.
The resolution provided for the establishment of a 14 nation peace observation commission to observe and report on dangerous situations in any part
of the members. It urged the member states to maintain in their armed forces which could be made available for United Nations service on call of the
Security Council. This resolution greatly strengthened the position of G.A. compared to the Security Council. This resolution was presented by US.
Notable Applications of "Uniting for Peace Resolution":-
(i) Korean War:- 1950: North Korea invasion of South Korea led to a security council deadlock. The Security Council passed a resolution for the
withdrawal of North Korean forces from South Korea. The Soviet Union exercised its veto power against the resolution of Security Council.
The G.A. convened an emergency special session recommending member states provide military assistance to South Korea. The resolution helped
mobilize international support for South Korea, leading to a coalition of 16 countries participating in the defense.
Suez Crisis:- (1956) On October 30, 1956, France, UK and Israel launched a surprised attack on Egypt aiming to regain control of the Suez canal. The
United Nations security council submitted a resolution calling for the immediate withdrawal of French, British and Israeli forces from Egyptian territory.
However, the UK and France, as permanent members of the security council vetoed the resolution. The United States and Soviet Union together
surprisingly opposed the invasion making a rare instance of US-Soviet cooperation.
The G.A. then convened an emergency special session adopting the resolution which called for withdrawal and established United Nations emergency
force (UNEF). The pressure from the US and Soviet Union ultimately led to the withdrawal of French, British Israeli forces from Egypt.
Thus the G.A. occupies a predominant position among other organs. It not only exercises supervision over other organs but also provides direct
guidance. G.A. has the right to make decisions on any matter mentioned in the UN charter. In political sphere the predominance of G.A. is assured by
its large membership and representation of various member states on terms of equality. This has made the weak states pin their hopes in this body
because they can influence its decision on account of their number.
2. Security Council:-
Security Council is often described as the enforcement wing of the United Nations. It is primarily responsible for the maintenance of peace and security.
This implies that S.C. has to work continuously so that it can take quick action in the time of threat to international peace or security.
Composition: The S.C. is a much smaller body than the G.A. Initially it comprised of eleven members – five permanent members (U.S., U.K., France,
Russia, China) and six non-permanent members elected by the G.A. for a term of two years. The strength of non-permanent members was raised to ten
in 1965. Thus at present the S.C. comprised of 15 members, 5 permanent and 10 non-permanent. The non-permanent members are not eligible for re-
election. While electing the non-permanent members, the G.A. takes into account the contribution of the members towards the maintenance of
international peace and security. It also ensures that different geographical regions get equitable representation in the S.C.
Each member of the S.C. has one vote. Decisions on procedural matters are taken by affirmative vote of at least nine members, while decisions on
substantive matters are taken by the votes of nine members which must also contain the concurring votes of all the permanent members. The
presidency of the S.C. is held by each member in alphabetical order for a period of one month.
Functions & Powers:-
(i) Deliberative Functions: In the first instance the S.C. has the power to discuss and investigate any disputes and make recommendations to the
member states to settle their disputes by peaceful means. Disputes that are likely to endanger international peace may be brought to the attention of
S.C. by any member of the UN, by G.A., or by the Secretary General. Even non-member states can bring the dispute before the S.C. It may be noted that
a state which is a member of UN but not of the S.C. can also take part in the proceedings of the S.C. when it is considering a matter which affects the
interest of that country. 2ndly, S.C. is responsible for framing plans for the establishment of a system for the control of armaments.
Enforcement Functions:- The S.C. has also been vested with imp. enforcement powers. When S.C. finds that a peaceful settlement among the
disputant countries is not possible, it can decide upon measures which it considers necessary for the maintenance of order and restoration of
international peace and security. While taking up such measures, S.C. first tries to resolve the dispute without involving the use of armed forces. For
this purpose it can adopt measures like complete or partial interruption of economic relations, severing of rail, sea, air, postal, radio and other
communications links and snapping diplomatic relations. When these measures fails to produce the desired effect the S.C. can take such action by air,
sea or land forces. Such actions may include blockades, demonstrations and other operations by air, sea or land forces of members of UN.
Electoral Functions: The S.C. enjoys extensive electoral powers which pertain to admission of new members and the constitution of other organs of
the UN. The members to UN are admitted by the G.A. only on the recommendation of S.C. The S.C. also takes part in the election of judges of the
International Court of Justice. It also makes recommendations regarding the appointment of Secretary General.
3. The Economic and Social Council:-
Social and economic conditions are vital for the preservation of world peace. For this UN provided the establishment of Economic and Social Council
(ESC). The (ESC) is one of the six principal organs of UN which operates under the authority of G.A. Article 55 of the UN Charter enjoins on the UN to
created conditions of stability and friendly relations among nations based on respect for the principle well being which are necessary for peaceful and
friendly relations among nations based on respect for the principle of equal rights and self determination of the people by promoting higher standards
of living, full employment and conditions of economic and social progress and development, solutions of international economic, social health and
related problems and in international cultural and educational cooperation, universal respect for and observance of human rights and fundamental
freedoms for all without distinction as to race, sex, language or religion.
 Composition:- The (ECOSOC) at present consists of 54 member states elected by G.A. for a term of 3 years. The general assembly tries to give
representation on the basis of geographical distribution: 14 seats from Africa, 11 seats from Asia, 6 seats from Eastern European states, 13 seats from
Western European states, 10 states from Latin America.
The council elects a president for one year among its members. Usually the president is taken from a country which is not a greater power. All the
decisions are taken by simple majority with each member enjoying one vote. The council generally holds two months long sessions every year. One
session is held at New York and others is held at Geneva. During the remaining part of the year the Council carries on its work through its subsidiary
bodies—commissions and committees.
Functions of ECOSOC:-
1. It can initiates studies and make reports with respect to International economic, social, cultural, educational, health related matters. The Council has
made studies regarding the problems of refugees, the world shortage of housing, the reconstruction of devastated areas and the economic status of
women.
2. Only, it can make recommendations to the G.A., the members of the UN and specialized agencies with regard to its related matters. It maybe noted
that the recommendations of the Council are not binding on the members.
3:- Thirdly, it can prepare draft conventions for submission to the G.A. with respect to matters falling within its competence. Such drafts have proved
quite useful device for the conclusion of international agreements.
4:- Fourthly, the council convenes international conferences both on its own initiative as well as on the instructions from General Assembly.
5:- Fifthly, the council coordinates the work of the specialized agencies of the UN. These agencies are created through intergovernmental agreements
and have wide international responsibilities. Some of the agencies whose work is supervised by the (ECOSOC) include: ILO, FAO, UNESCO, WHO, IMF,
WTO, UNICEF, UNDP, UNHCR.
Subsidiary bodies of the Council:- It includes five regional commissions, six functional commissions, six standing committees and other standing expert
bodies.
ii) Regional Commissions :- The Council has five Regional Commissions. These are economic commission for Africa with head quarter at Addis Ababa
(Ethiopia) , Economic and Social Commission for Asia and Pacific with head quarter at (Bangkok) , Economic commission for Europe with its head
quarter at (Geneva) , economic and social commission for Latin America with its head quarter at (Santiago) and the commission for Western Asia
(Beirut) The main objectives of these Commissions is to raise the level of economic activity and advance the level of living.
Functional Commissions: The council has six functional commissions i.e. Statistic commission, Population commission, Social development commission,
Human Rights commission, Commission of Status of Women, Narcotics & Drugs commission.
Standby Committees: The ECOSOC has six Standby committees. These includes the committee for programme and coordination which advises and
assists the council in the discharge of its coordinative function and keeps under review the activities of the UN and its related agencies and programmes.
It particularly reviews the programme planning, implementation of programmes, their evaluation and effectiveness of coordination machinery.
The Committee on Non-Governmental Organisations and on negotiations with inter-governmental agencies, recommends the status of individual
NGO's and is called whenever it is necessary to negotiate an agreement with a newly created agency.
The committee on Housing, Building and Planning examines reports and makes recommendations to the governments and UN bodies. It promotes
research in the field of housing related community facilities and physical planning.
The Committee on Natural Resources lays down guidelines, examines reports, analyses existing resolutions and makes recommendations related to the
natural resources.
The Committee on Science and Technology for development promotes international cooperation.
The Committee on Review and Appraisal, which assists the council and the General Assembly in the overall review and appraisal of the UN
development decades. The committee also examines the obstacles and reasons for shortfalls identified in the various sectional and regional reviews
and recommends such reviews and measures to overcome the obstacles.
Expert Bodies: The ECOSOC has a number of expert bodies on subjects like crime prevention and control; development planning, international
cooperation in tax matters and transport of dangerous goods. It advises policies and international action in the area of crime prevention. It also
evaluates programmes and analyses major trends and studies questions in the area of economic planning, programmes and projection. The ad hoc
group of experts on tax treaties explores ways and means for feasibility in the conclusion of tax treaties b/w the developed and developing countries.
The experts group on transport of dangerous goods not only revises and updates the list of dangerous goods but also considers the existing
transportation practices and studies problems relating to packing and other related matters.

4. TRUSTEESHIP COUNCIL:
Trusteeship council was been indicated as one of the principal organ of UN in the UN Charter. But actually it works as an auxiliary organ of the GA. It
supervises the administration of the non-strategic trust territories with regard to strategic areas.
Composition: The charter did not prescribed the size of the Council and only provided that the trusteeship council reflects a balance b/w members
that administer the trust territories and members that do not. To ensure this balance it was provided that the GA may elect for three years as many
members as may be necessary to ensure that the total membership of the trusteeship council is equally divided b/w those members of the UN which
administer trust territories and those which do not. As the number of trust territories and of administering countries has decreased the Council has
become smaller. The Council elects a president among its members. In addition, it also elects vice-president among its members. Each member has
only one vote. It is noteworthy the permanent members of the S.C. are also the permanent members of trusteeship council. Trusteeship council meets
once a year but special sessions can be convened at any time on the request of the majority of members.
Functions & Powers:- The functions & powers of the Council have been outlined in Article 87 of the Charter. Functions include
(i) Consideration of reports submitted by administering authority;
(ii) acceptance of petitions and their examination in consultation with the administering authority. (iii) to arrange periodic visits to the respective trust
territories at times agreed upon with the administering authority; (iv) to take other actions in conformity with the terms of trusteeship agreements.
Trusteeship System:-
Objectives of Trusteeship System:-
Duties of Administering States:-
Operations of Trusteeship System:-
The trusteeship system under UN was a successor to the Mandated System provided under the LoN's. Article 76 of UN Charter provided that the
following territories shall be placed under the trusteeship system: (i) territories now held under mandate: (ii) territories which may be detached from
enemy states as a result of 2nd World War: (iii) territories voluntarily placed under the system by the states responsible for their administration.
It was specified that the trusteeship system cannot apply to territories which have become members of the UN.
Objectives:- To promote International peace & Security.
(2) To promote political, economic, social and educational advancement of the inhabitants of the trust territories.
(3) To encourage respect for all without distinction as to race, sex, language or religion.
(4) To ensure equal treatment in social, economic and commercial matters for all members of the UN and also equal treatment of the later in
administration of justice without prejudice to the attainment of the foregoing objectives.
The duties of the States administering trust territories were written in Article 73 of the UN Charter. It has been emphasized that the interests of the
inhabitants of trust territories are paramount. Their cultural, political, economic, social and educational rights should be preserved and protection
should be provided against all the abuses.
Historically, there were 11 trust territories placed under the trusteeship system. These 10 trusteeship agreements had been approved by GA and one
by Security Council. These territories were previously mandated by the LoN's or taken from nations defeated during World War II.
Currently, Trusteeship council does not have any trust territories under its administration. The trust territories have either become independent states
or joined neighbouring independent countries. Although, the trusteeship council still exists as an organ of the UN and meets as occasion requires.

5. International Court of Justice:

The ICJ is the principal judicial organ of the UN. It works according to a statute which forms an integral part of the UN charter. The statute of ICJ is
based on the statute of (PCIJ) which was prepared by the League Council. It is noteworthy that after the 2nd war several members pledged for the
continuance of PCIJ on account of good work done by this body. However, majority of the members were of the view that it would be better to start
with a clean seat.
Membership: All the members of the UN are ipso facto member of the ICJ. A state which is not a member of the UN can also become a party to the
statute of ICJ upon the recommendation of S.C. The conditions for membership include acceptance of the statute and other obligations with respect to
the court which other members of the UN was accepted. 2ndly, undertaking to contribute to the expenses an amount assessed by the G.A. The Court
consists of 15 judges elected by the G.A. and the Security Council, voting independently. These judges are elected not on the basis of nationality but on
the basis of their qualifications and high moral character. Further, it has been provided that no two judges can be nationals of the same State.
Election:- As regards the method of election the initiative is taken by the Secretary General of the UN, who addresses a written request to the States
which are parties to the present statutes asking them to nominate persons in a position to accept the duties of a member of the Court. States can
nominate not more than four members in consultation with the highest court of justice, its legal faculties and schools of law etc. The names have been
submitted to the S.G. which he then prepares a list of persons in alphabetical order. Thereafter, the S.G. and the S.C. proceed independently to elect 15
of these candidates. The candidate secure absolute majority in both the G.A and S.C. are elected as judges.
Tenure:- The judges of the ICJ are elected for a term of 9 years. However, they are eligible for re-election. The term of the judges is so staggered that
the tenure of only five judges expires after every three years. The vacancies are then filled through regular elections. A judge elected to replace
another member holds office for the remaining term of his predecessor. It is noteworthy, that though the judges of the ICJ are taken from various
States and the Govt. of these States takes part in the nomination and election of these judges. But after the elections these judges do not act as
representative of their respective countries nor do they act upon the instructions of their governments. They are treated as the officials of international
judiciary. In fact, each member of the court was to take an oath in the open court that he would exercise his powers impartially.
Seat of Court: The ICJ has its permanent seat at Hague. However, it can also meet elsewhere. The Court is permanently in session, except during the
period of vacations. Generally, the cases are heard by the full court but it can also form chambers composed of three or four judges to deal with
specific categories of cases i.e. labour cases and cases relating to communications. The quorum of the court is nine. This implies that at least 9
members must be present to hold the meeting of the Court.
Officials of the Court and Procedure: The Court elects its own President and Vice-President for a term of three years. Both these officials are eligible
for re-election. The court also appoints registrar and such other officers as may deem necessary. The salary, allowances etc. are determined by GIA.
Members of the court are entitled to pension on retirement. The Statute is absolutely silent about the retirement age of the judges of ICJ. The court
rules all the decisions by majority votes. The president does not exercise his vote except in case of tie. A judge can be removed from his office only by
the unanimous decision.