United Nations

United Nations

Introduction

The twentieth century witnessed the two devastating World Wars. The League of Nations was established after the First World War with a purpose to establish peace and security in the world. The League of Nations failed to achieve its objective, and that the Second World War was the ample proof of its failure. This war compelled the nations of world to endeavour to establish an international organisation so that mutual disputes could be resolved peacefully and that peace and security could be established in the world. Consequently the great powers of the world had started to make their efforts in this direction. Their uttering efforts led to holding of Sanfrancisco Conference on January 26, 1945, wherein the United Nations Charter was adopted and signed by 51 Nations of the world. However the United Nations Charter did not come into force immediately because it required to be ratified by prescribed number of nations, which was done so on October 24, 1945 and United Nations established.

The United Nations is a pivotal organ of the world government, although it is also referred as United Nations Organisation but its true name is United Nations “UN”. It is designed to make the enforcement of international law, security, economic development, social progress and human rights easier for countries around the world. It includes currently 193 members and it’s headquarter is in New York City.

Case; Reparation of Injuries 1949

It was held by International Court of Justice that, “United Nations is an international legal personality”.

Interpretation problem

United Nations Charter was the outcome of treaty held at Sanfrancisco Conference on January 26, 1945. At that time one of the main issue with regards to the Charter was its interpretation. This issue was obvious because languages of different countries are inherently ambiguous and drafters of the Charter were politicians, which were confronted to carve out an international organisation for international peace and security after the World War II. The whole scenario was dearth of international experts. Consequently disputes were raised with regards to interpretation of the Charter. But for justifying such inefficiency, the many reasons could be included in it, among two are obvious;

·         The agreement lacked capacity at that time to address such issue, and

·         No experts with such fine experience were present rather bitter experience of failure of League of Nations.  

Initially there were five languages which were used for Charter i.e. English, French, Spanish, Chinese, and now Arabic language also included in 1973. These were later translated into other languages of the world. The reason again reiterated here as above mentioned, i.e. the drafters were not legal experts.

In international treaties language issue is common and interpretation is obviously necessary to eliminate the differences found in textual languages. No specific method of interpretation is provided by Charter, only presumptions are mainly used as tool for interpretation. And Charter interpretation issues are send to International Court of Justice to interpret but States are reluctant to do it. In my view today such issue can be resolved by interpreting Charter of United Nations keeping in view of the purpose i.e. provisions of Charter, with the help of Vienna Convention of Law Treaties 1969.   

Purpose of United Nations

 

Article 1;

The purposes of the UN are set out in article 1 of the Charter as follows:

1.      To maintain international peace and security, and to that end, to take effective collective measures for the prevention and removal of threats to the peace, and for the suppression of acts of aggression or other breaches of the peace, and to bring about by peaceful means, and in conformity with the principles of justice and international law, adjustment or settlement of international disputes or situations which might lead to a breach of the peace;

2.      To develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, and to take other appropriate measures to strengthen universal peace;

3.      To achieve international co-operation in solving international problems of an economic, social, cultural or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion; and

4.      To be a centre for harmonizing the actions of nations in the attainment of these common ends.

Problematic area;

Problematic area with regards to Article 1 of the Charter is that the western nations have the common problem of security while the third world countries i.e. emerging states, after decolonization have other problems; e.g.

·         International economic cooperation

·         Equal rights

·         Right to self-determination

In other words, while the purposes are clearly wide-ranging, they do provide a useful guide to the comprehensiveness of its concerns. The question of priorities as between the various issues noted is constantly subject to controversy and change, but this only reflects the continuing pressures and altering political balances within the organisation. In particular, the emphasis upon decolonisation, self-determination and apartheid mirrored the growth in UN membership and the dismantling of the colonial empires, while increasing concern with economic and developmental issues is now very apparent and clearly reflects the adverse economic conditions in various parts of the world.

Article 104 and 105;

UN Sanctions regime…. ???

·         Counter terrorism

·         Counter proliferation

·         Human rights

·         Natural resources  

Principles of United Nations

The Charter of the United Nations is not only the multilateral treaty which created the organisation and outlined the rights and obligations of those states signing it, it is also the constitution of the UN, laying down its functions and prescribing its limitations. Foremost amongst these is the recognition of the sovereignty and independence of the member states.

In addition its Article 2 also lays down a variety of other principles in accordance with which both the UN and the member states are obliged to act. These include the assertion that the UN is based upon;

·         The sovereign equality of states and

·         The principles of fulfilment in good faith of the obligations contained in the Charter,

·         The peaceful settlement of disputes and

·         The prohibition on the use of force.

It is also provided that member states must assist the organisation in its activities taken in accordance with the Charter and must refrain from assisting states against which the UN is taking preventive or enforcement action.

Article 2(7) Domestic Jurisdiction;

Copy it here

Article 2(7) places limitation on the United Nations to not to interfere in domestic jurisdiction of any other state (unless enforcement measures under Chapter VII are to be applied). This provision has inspired many debates in the UN, and it came to be accepted that colonial issues were not to be regarded as falling within the article 2(7) restriction. It can be argued that the term “Domestic Jurisdiction” is for the developed countries and in Charter due to the vague development of International Law till that time. Then other changes have also occurred, demonstrating that the concept of domestic jurisdiction is not immutable but a principle of international law delineating international and domestic spheres of operations. As a principle of international law it is susceptible of change through international law and is not dependent upon the unilateral determination of individual states.

Charter contain references;

The Charter contain references with regards to the Human Rights and Right to Self Determination but these are with vagueness. Further today gross human rights violations were treated as ‘threat to the peace and security’. And although since 1945, it has been practice to place narrow focus on nonintervention to domestic jurisdiction but chapter VII of the UN Charter provides grounds to intervene i.e. Threat to peace and security and Act of aggression. And in such situation this will automatically be a case of Non-Domestic Jurisdiction.

Resolution………. Lecture

And with regards to “threat to the peace” since 1990 (after the end of the Cold War), the Security Council through several resolutions, has been developing a broader definition of  the term ‘threat to the peace’ covering civil wars, violations of human rights and terrorism, among others.

United Nations Security Council

The Security Council, a principal organ of the United Nations, its powers and functions relate to the maintenance of International peace and security (for which the Members Of the United Nations have conferred upon it primary responsibility). The Council was intended to operate as an efficient executive organ of limited membership, functioning continuously.

The Security Council consists of fifteen members, five of them being permanent members (USA, UK, Russia, China and France). These permanent members, chosen on the basis of power politics in 1945, have the veto. The veto was written into the Charter in view of the exigencies of power. The USSR, in particular, would not have been willing to accept the UN as it was envisaged without the establishment of the veto to protect it from the Western bias of the Council and General Assembly at that time. Each Member has one vote. Under the Charter, all Member States are obligated to comply with Council decisions.

The Security Council is considered to be the most powerful organ among all other organs. It has the power to authorize the deployment of UN member states militaries and it can mandate a cease-fire during conflicts. It can enforce penalties on countries if they do not comply with given mandates. The Security Council takes the lead in determining the existence of a threat to the peace or act of aggression. It calls upon the parties to a dispute to settle it by peaceful means and recommends methods of adjustment or terms of settlement. In some cases, the Security Council can resort to imposing sanctions or even authorize the use of force to maintain or restore international peace and security. 

Concisely it is considered as the most powerful organ of United Nations; because of

·         Veto power of five nations

·         Chapter VII binding resolutions having status of international law

·         Capacity to implement its resolution through force

Powers and functions of the Security Council;

The primary responsibility given to the Security Council under the Charter of the United Nations is maintaining peace and security. Under Article 25 of the Charter, the member states agree to abide by and to carry out the Security Council’s decisions.

In CF advisory opinion on Reparation for Injuries Suffered in the Service of United Nations, ICJ 1949, it was viewed that the security council has general overriding powers for maintaining peace and security, not limited to the specific express powers in chapters VI or VII, as like other international organs, it has implied powers as are necessary and requisite for the proper fulfillment of its functions.

Its powers are concentrated in two particular categories, the peaceful settlement of disputes and the adoption of enforcement measures. By these means, the Council conducts its primary task, the maintenance of international peace and security. However, the Council also has a variety of other functions. In the case of trusteeship territories, for example, designated strategic areas fall within the authority of the Security Council rather than the General Assembly, while the admission, suspension and expulsion of member states is carried out by the General Assembly upon the recommendation of the Council. Amendments to the UN Charter require the ratification of all the permanent members of the Council (as well as adoption by a two-thirds vote of the Assembly and ratification by two-thirds of UN members). The judges of the International Court are elected by the Assembly and Council.

However the principal powers and functions of the Security Council can be summarised as under;

1.      To maintain international peace and security.

2.      To use preventive or enforcement action to maintain peace and security.

3.      The pacific settlement of international disputes.

4.      Regional agencies and Regional Agreements.

5.      To control and supervise trust territories.

6.      The admission, supervision, and expulsion of members.

7.      Amendments to the Charter.

8.      To investigate any dispute or situation which might lead to international dispute.

9.      To recommend methods of adjusting such disputes or terms of settlement.

10.  To formulate plans for the establishment of a system to regulate disarmaments.

11.  To determine the existence of a threat to the peace or act of aggression and to recommend what actions should be taken.

12.  To call on members to apply economic sanctions and other measures not involving the use force to prevent or stop aggression.

13.  To take military action against an aggressor.

14.  To recommend the admission of new members.

15.  To recommend the General Assembly the appointment of the Secretary General and together with the Assembly, to elect the Judges of the International Court of Justice.