Angelica T.

Del Rosario UN Charter Outline

UN CHARTER

I. UNITED NATIONS

1. Brief History

The United Nations (UN) emerged during World War II as a

symbol of people’s determination to establish for all nations a rule of law
that will banish war. This concept of UN was first proposed by the League
of Nations which was established after World War I but to the inherent
weakness of this body coupled with the fact that the United States was not
a member of it, it was formally dissolved in 1946.

The Moscow Declaration was the first formal step toward the
creation of UN which recognizes the necessity of establishing an
international organization as soon as possible. This was followed by
Teheran Conference, wherein Roosevelt, Churchill and Stain
acknowledged “the supreme responsibility resting upon us and of all the
United Nations to make a peace which will command the goodwill of the
overwhelming mass of the peoples of the world and banish the scourge
and terror of war for many generations.”

The initial blueprint of the Organization was called Dumbarton

Oaks Proposal which was prepared by the representatives of the United
Kingdom, the U.S.S.R., and the United States and later by the China,
where the Security Council was conceived as the key body of the UN. The
voting rules were agreed upon at the Yalta Conference in the Crimea
which was agreed upon by Roosevelt, Churchill and Stalin.

Delegates of fifty nations prepared and unanimously approved the

Charter of the UN from April 25, to June 26, 1945 at San Francisco
Conference. It came into force upon the ratification by the members of the
Big Five and a majority of other signatories on October 24, 1945 giving to
it not only juridical but also international personality.

2. UN and Its Relation to US

Based on its history, it can be concluded that the US gave life to

the UN with its power and resources. The UN holds an important position
in the creation of US foreign policy and its agenda is in line with the
future plans of US for itself.
3. Purposes

The purposes of the UN can be found in Article 1 of its charter, to wit:

(1) To maintain international peace and security and to take effective

collective measures to prevent and remove threats to peace;
(2) To develop friendly relations among nations;
(3) To achieve international co-operation in solving international
problems of an economic, social, cultural, or humanitarian character;
promote respect for human rights and for fundamental freedom for all
regardless of race, sex, language, or religion; and
(4) To be a centre for harmonizing the actions of nations in the attainment
of these common ends.

4. Principles

Article 2 of its charter provides its principles as follows:

(1) It is based on the principle of sovereign equality of all its Members.

(2) Members shall fulfill in good faith the obligations assumed by them to
enjoy the rights and benefits of its membership. (pacta sunt servanda)
(3) All members shall settle disputes in a peaceful manner.
(4) All Members shall refrain in their international relations from the
threat or use of force against any.
(5) All Members shall give UN every assistance in any action it takes in
accordance with its charter and shall refrain giving assistance to any
state against which the UN is taking preventive or enforcement of
action.
(6) The Organization shall ensure that Non-Members will act in
accordance with these principles to maintain international peace and
security.
(7) The UN is not to intervene with the matters that are essentially within
the domestic jurisdiction of any state or shall require the Members to
submit such matters to settlement under the present charter without
prejudice for the application of enforcement measures under Chapter
VII of this Charter.

5. Members

As of today, the UN is composed of 193 sovereign states that have equal

representation in the UN General Assembly and two (2) countries that are non-
member observer states: (1) the Holy See and (2) the State of Palestine.

1. Classification
 The distinction is only in the manner of admission but there is no
difference in the enjoyment of their rights or in the discharge of their
obligations.

a. Original or Charter – those states who participated in the

United Nations Conference on International Organization or
having previously signed and ratified the Declaration by the
United Nations. The Philippines is included as an original
member.

b. Elective – other members may be admitted by the decision of

the General Assembly upon the favorable recommendation of
the Security Council provided that they meet the qualifications.

2. Qualifications

a. It must be a state;
b. peace-loving state;
c. must accept the obligations contained in the present Charter;
and
d. must be willing to carry-out the provided obligations.

3. Procedure of Admission, Suspension, Expulsion and Withdrawal

a. Admission – it will be effected by a decision of the General

Assembly upon the recommendation of the Security Council.

b. Suspension- a Member may be suspended from the exercise of the

rights and privileges of membership by the General Assembly upon
the recommendation of the Security Council. It may also be restored
by the Security Council.

c. Expulsion – a Member who persistently violated the Primciples

of the UN Charter may be expelled from the Organization by
the General Assembly upon the recommendation of the
Security Council.

d. Withdrawal – there is no provision as to withdrawal but a

special committee report approved by the San Francisco
Conference expressed a view on how a Member may
withdraw: (1) the Organization was revealed to be unable to
maintain peace or could do so only at the expense of law and
justice; (2) the member’s rights and obligations were changed
by the Charter without its concurrence or unable to accept such
changes; or (3) an amendment duly accepted by the necessary
 majority either in the General Assembly or in a general
conference is not ratified.

II. PRINCIPAL ORGANS

1. The General Assembly

a. Composition – consist of all the Members of the Organization, each are

entitled to send not more than five representatives and five alternates as
well as technical staff as it may need.

b. Purpose/Function – may discuss any questions or matters within the scope

of the present Charter or to the powers and functions of any organs. It may
also make recommendations to the members of UN and/or to the Security
Council on any such questions or matters except as those provided in
Article 12.

c. Procedure in Election – shall meet in regular annual session beginning the

third Tuesday of September or in a special session called by the majority
of its members or at the request of the Security Council.

d. Voting Rules

 Each member shall have one vote

 Decisions shall be made by the two-thirds of the majority present
and voting.

2. The Security Council

a. Composition

 Consist of 15 members of the UN.

 The Republic of China, the Union of Soviet Socialist Republics,
the United Kingdom of Great Britain and Northern Ireland, and the
USA are permanent members.
 Ten other members shall be elected by the General Assembly to be
non-permanent members with a term of two years.

b. Functions and Powers

 Primary responsible for the maintenance of international peace and

security.
 Shall submit annual and, when necessary, special reports to the
General Assembly for its consideration.
  Shall be responsible for formulating, with the Military Staff
Committee, plans to be submitted to the Members of the UN for
the establishment of a system for the regulation of armaments.

c. Procedure in Election

 Should be organized to continuously function and for this purpose,

each member shall be represented at all times at the seat of the
Organization.
 Shall hold periodic meetings in which each of its members may be
represented by a member of the government or a specially
designated representative.
 May hold meetings at such places other than the seat of the
Organization.

d. Voting Rules

 Each member shall have one vote.

 Decisions on procedural matter shall be made by the affirmative
vote of nine members.
 Decision on other matters shall be made by the affirmative vote of
nine members including the concurring votes of the permanent
members, in which, the party of dispute shall abstain.

3. The Economic and Social Council

a. Composition – consist of 54 Members of Unelected by the General

Assembly in which 18 of it shall be elected by the Council each year for a
term of three years. Each member shall have one representative.

b. Purpose/Function

 May make or initiate studies and reports relating to international

economic, social, cultural, educational, health and other related
matters and may make recommendations on such matters to the
General Assembly.
 May make recommendations or promoting respect and observance
of human rights and fundamental freedoms for all.
 Prepare draft conventions for submission to General Assembly on
matters within its competence.
 May call international conferences on matters within its
competence.

c. Procedure in Election
  Shall adopt its own rules of procedure, including the methods of
selecting its President.
 Shall meet as required and shall include provisions for the
convening of meetings on the request of a majority of its members.

4. The Trusteeship Council

a. Composition

 Members of UN administering trust territories.

 Permanent members of the Security Council not administering
trust territories.
 As many other members elected for three-year terms by the
General Assembly enough to ensure that the total number of
members is equally divided between those members of the UN
which administer trust territories and those which do not.

b. Functions/Powers

 May consider reports submitted by the administering authorities

 May accept petitions and examine them in consultation with the
administering authorities.
 May provide for periodic visits to the trust territories at times
agreed upon with the administering authorities.
 May take such other actions in conformity with the terms of the
questionnaire on the political, economic, social and educational
advancement of the inhabitants of trust territories.

c. Procedure in Election – shall meet in regular session as required in

accordance with its rules and in special session at the request of a majority
of its members.

d. Voting Rule – one vote for each member and decisions shall be made by a
majority vote of those presnt and voting.

5. The International Court of Justice

a. Composition –

 All members of the Organization are ipso facto parties to the

Statute. A non-member may be a party on conditions to be
determined by each case by the General Assembly upon the
recommendation of the Security Council.
  The Court is composed of fifteen members who are elected by
absolute majority vote in the General Assembly and the Security
Council with a term of nine yeasr and may be re-elected.

b. Functions/Powers –

 The judicial organ of the UN which functions in accordance with

the Statute.
 Decide contentious cases.
 Render advisory opinions.

c. Procedure in Election –

 Shall elect its President and Vice-President who shall serve for
three years and may be re-elected.
 Shall remain permanently in session, at the Hague or elsewhere,
except during judicial vacations, and may meet en banc, or in
chambers composed of three or more judges.

d. Voting Rule – all questions are decided by a majority of the judges

present, the quorum being nine when the full Court is sitting.

6. The Secretariat

a. Composition – composed by a Secretary General and such staff as the

Organization may require.

b. Functions/Power

 Chief Administrative Officer of the Organization.

 Acts in behalf of UN.
 The Secretary General is entitled for full diplomatic immunities
and privileges that can be waived by the Security Council.
 The Secretary General may waive immunities and privileges of
other key-officials of the UN.
 Duty to bring to the attention of the Security Council any matter
which in his opinion may threaten international peace and security.
 Acts as secretary in all meetings of the other Organs.
 Prepares budget of the UN to submit to General Assembly.
 Provide technical facilities to different organs.

c. Procedure in Election

 Staff shall be appointed by the Secretary General subject to the

rules and regulations of the General Assembly.
III. DISTINGUISH, WHEN USED

1. Yalta Voting

The voting in the Security Council is governed by the Yalta Voting

Formula in which each member shall have one vote, but distinction shall is
made between the Big Five and the non-permanent members in deciding
substantive questions. On the other hand, non-procedural questions require
the concurrence of at least nine members, but including all the permanent
members. No member, whether permanent or not, is allowed to vote on
pacific settlement dispute to which it is a party.

2. Absolute Majority

The membership to the Human Rights Council is open to all Members of

UN which are elected by the General Assembly through individual and
direct votes by absolute majority or 97 votes.

3. Qualified Majority

This used by the Council of the European Union. It needs 55% vote of
member states, representing at least 65% of the EU population. This is
done to create a “double-majority” system, to prevent the decision making
process from being stream-rolled by some of the bigger powers of EU,
such as France, United Kingdom and Germany.

IV. BIG FIVE

1. Members

Those who were granted a permanent seat on the UN Security Council who
are also allies in World War II namely:

a. China (formerly Republic of China)

b. France
c. Russia Formerly the Soviet Union
d. The United Kingdom
e. The United States

2. Powers of the Big Five

 Power of veto enabling them to prevent the adoption of any

substantive resolution.
 To decide which issue shall fall under substantive title.
 Permanent membership in the Security Council.
 All are nuclear weapon states.