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Doctrine: UN may claim reparation for damages because it has its own juridical personality.
The United Nations (UN) has six main organs. Five of them — the General Assembly, the Security Council, the
Economic and Social Council, the Trusteeship Council and the Secretariat — are based at UN Headquarters in
New York. The sixth, the International Court of Justice, is located at The Hague in the Netherlands.
General Assembly
- composed of 1 representative from each State members. Each representative has 1 vote only.
- Deliberates on important questions such as budget, membership, peace, and security
- The annual session of the General Assembly opens every year on the third Tuesday of
September and runs for a year. The work of the GA follows a cycle of debate, negotiation,
decision, implementation and reporting.
Security Council
- composed of 15 State members.
- 5 are permanent members; France, USA, China, Russa, United Kingdom. Any of these 5
permanent members may veto a proposal by casting a negative vote.
- 10 are State members elected by the UNGA and has a term of 2 years.
- It is responsible for maintaining international peace and security.
- Article 2, par 4 of UN Charter: All Members shall refrain in their international relations from the
threat or use of force against the territorial integrity or political independence of any state, or in
any other manner inconsistent with the Purposes of the United Nations.
- Chapter 7. There are established as principal organs of the United Nations: a General Assembly,
a Security Council, an Economic and Social Council, a Trusteeship Council, an International Court
of Justice and a Secretariat. Such subsidiary organs as may be found necessary may be
established in accordance with the present Charter.
- Article 39, The Security Council shall determine the existence of any threat to the peace, breach of
the peace, or act of aggression and shall make recommendations, or decide what measures shall be
taken in accordance with Articles 41 and 42, to maintain or restore international peace and security.
- Countermeasures: Article 41, The Security Council may decide what measures not involving the use
of armed force are to be employed to give effect to its decisions, and it may call upon the Members of
the United Nations to apply such measures.
- Article 42 of the UN Charter. Should the Security Council consider that measures provided for
in Article 41 would be inadequate or have proved to be inadequate, it may take such action by
air, sea, or land forces as may be necessary to maintain or restore international peace and
security. Such action may include demonstrations, blockade, and other operations by air, sea, or
land forces of Members of the United Nations.
Trusteeship Council
- composed of 5 members; France, USA, China, Russia, United Kingdom
- established to provide international supervision for 11 Trust Territories and to make sure that
adequate steps were taken to prepare the Territories for self-government or independence.
Secretariat
- Composed of international staff
- Headed by the Secretary General, appointed by the UNGA.
- Administers programs and projects all over the world
to maintain international peace and security in accordance with the principles and purposes of
the United Nations;
to investigate any dispute or situation which might lead to international friction;
to recommend methods of adjusting such disputes or the terms of settlement;
to formulate plans for the establishment of a system to regulate armaments;
to determine the existence of a threat to the peace or act of aggression and to recommend
what action should be taken;
to call on Members to apply economic sanctions and other measures not involving the use of
force to prevent or stop aggression;
to take military action against an aggressor;
to recommend the admission of new Members;
to exercise the trusteeship functions of the United Nations in "strategic areas";
to recommend to the General Assembly the appointment of the Secretary-General and,
together with the Assembly, to elect the Judges of the International Court of Justice.
Supremacy Clause
The Supremacy Clause of the Constitution of the United States (Article VI, Clause 2), establishes that the
Constitution, federal laws made pursuant to it, and treaties made under its authority, constitute the
"supreme Law of the Land", and thus take priority over any conflicting state laws. It provides that state
courts are bound by, and state constitutions subordinate to, the supreme law. However, federal statutes
and treaties are supreme only if they do not contravene the Constitution.
UN Peacekeeping Function
- a role held by the Department of Peace Operations as "a unique and dynamic instrument
developed by the organization as a way to help countries torn by conflict to create the
conditions for lasting peace".
- Article 42 of the UN Charter. Should the Security Council consider that measures provided for in
Article 41 would be inadequate or have proved to be inadequate, it may take such action by air, sea,
or land forces as may be necessary to maintain or restore international peace and security. Such
action may include demonstrations, blockade, and other operations by air, sea, or land forces of
Members of the United Nations.
- It is distinguished from peacebuilding, peacemaking, and peace enforcement.
- UN peacekeeping helps host countries to become more resilient to conflict, laying the
groundwork to sustain long-term peace, including by addressing root causes of conflict.
- UN peacekeepers provide security and the political and peacebuilding support to help countries
make the difficult, early transition from conflict to peace.