J, Stalin 34 in the decision-making process where as the N in key decisions. vi)The terms of trade between the North and South are designed in such a way as to benefit the North. The finished and aah i i ite. In contra: i produced the North are priced at a very high ral prices of ie raw-materials exported by the South are very low that has resulted in creating high imbalance in trade relations. vil)The South has to depend on the North for their programmes of national development and the aid given by the North to the South is neutralized by the element of imbalance and it flows back in the shape of trade deficits and the gap of balance of payments. viliThe International Bank for Reconstruction and Development provides loans to the South for the economic growth and it becomes a burden upon them due to a very low rate of growth. Sometimes loan is taken just to pay the interest to be paid on the previous amounts of loan received. ix)The North, through the GATT Agreements displayed a tendency of protectionism under which the trade interests of the North are protected against the South. 7 x)Certain preferential trade blocs such as European Economic Community(EEC) etc. have been created by the North to enable them to shelter under protection which harm the South. Need for the NIEO:- The existing international economic syster based on exchange depreciation, protectionism, preferential trade blo and discriminatory restrictive devices have brought about vir destruction of the economics of the South. The problem of balance eet of {the South is getting difficult. Their industries are not in ositon fo hold in competion with the weil established industries of t | The general feeling that the post Second World War inte | trading, monetary, financial, institutionel, transfers systems and developm lorth plays a dominant role m to. * m1 In order to highlight the rowi degradation, the South tied to broaden their rn tsparty\ international Relations 55 a sort of an international trade union which later *the Group of 77." This group made similar demalaian fie stb of UNCTAD held at New Delhi in 1968 and at Santiago (Chile) in sez the south demands for greater participation in world trade rather thar the financial aid and technical assistance. Their demand included a just share of world's wealth and a more equitable, just distribution of the resources of the world. The demand for the establishment of NIEO was officially voiced for the first time in the UNCTAD.-III Conference in Santiago(Chile) in 1972 by the South. The NIEO is that Programme of action which aims at providing food and meeting energy needs of the developing countries, transferring resources from the North to the South, reaching commodity agreements, reversing protectionism and destroying the contemporary or the existing older colonial economic system and provide in its place a fair treatment to the deprived countries. The NIEO means the kind of institutional and regulatory frame work that enables different nations of the world to work and grow together cooperatively to achieve their maximum potentialities in economic objectives like development, trade, employment, eradication of poverty, etc. UN and the NIEO:- The establishment of NIEO lies with the UN as Article 1(3) of UN Charter clearly states that one of the objectives of the UN is to achieve international cooperation in solving international problems of an economic character. Article 55-60 is also exclusively devoted to the purpose of promoting international cooperation in the ‘economic filed. Article-55 of the UN Charter provides: “With a view to the creation of conditions of stability and 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 peoples, the UN shall promote:- a) higher standards of living, full employment and conditions of economic and social progress and development; b) solutions of international economic, social, health, and related problems and international cultural and educational cooperation; and c)universal respect for, and observance of, human rights and fundamental freedoms for all Without distinetion as to race, sex, language, or religion.” Article 56 of UN charter, * all members pledge themselves 10 take joint and separate action in cooperation with the organization for the achievement of the purpose set forth in Art.55."international Relations ips The coup fell apart within days as it lacked popular support. yeltsin played a key role in the defeat of the coup and used the momentum this gave him to gain independence for Russia and an end to the USSR. Z International Terroris and Threat The Aan ' to the September 11, 2001 events was swift, wide-ranging, and decisive, After Administration officials attributed responsibilty for the @lfack fo Osama bin Laden and the Al Qaeda organization, there was an announced policy shift from deterrence to preemption, generally referred to as the “Bush Doctrine.” Given the potentially catastrophic consequences of terrorist attacks employing weapons of mass destruction (WMD), Administration decision makers felt that the United States could not afford to sit back, wait for attacks to occur, and then respond, The nation was mobili ing terrorism and crippling Al Qaeda became top national | 4 e use of military force against foreign ter infrastructure gained increasing acceptance in Administration 8. A full-scale campaign was launched, using all elements of nat and international power, to go after Al Qaeda and its affiliates and support structures. The 1 invo ing the international community, n components, to shut down Al . military operation was initiated ivJ. Stalin 166 after an intensive military buildup in the the war against Iraq, at the time Persian Gulf, the United States launched : one of seven nations on the State Department's sponsors of terrorism list, with an attack on a suspected meeting site of Saddam Hussein. President Bush, in his January 28, 2003 State of the Union Address, had emphasized the threat posed to world security by a Saddam Hussein armed with weapons of mass destruction and stated that Iraq “aids and protects’ the Al Qaeda terrorist organization. After a swift military campaign, President Bush announced on April 15, 2003 that “the regime of Saddam Hussein is no more.” Saddam Hussein was arrested by U.S. personnel December 13, 2003, near his hometown of Tikrit. In addition to U.S. troops currently in Afghanistan and Iraq, Us. forces have been dispatched to Yemen, the Philippines, and the former Soviet Republic of Georgia to train local militaries to fight terrorists. In FY2002 and FY2003, the Administration sought and received funding (subject to annual review) for U.S, military aid to Colombia to support the Colombian government's “unified campaign against narcotics trafficking, terrorist activities, and other threats to its national security.” Similar authorization was granted for FY2004-FY2006. Previously, such nce had been restricted to supporting counternarcotics operations Colombia. ‘A February 14, 2003 National Strategy for Combating Terrorism added emphasis to the role of international cooperation, law ent and economic development in countering terrorism. _ Inthe context of this campaign, the United States has stepped up jence-sharing and law enforcement cooperation with other ments to root out terrorist cells. 7 ____Experts believe that terrorist cells are operating not just in places e they are welcomed or tolerated, but in many other areas as Well, Western Europe and the United States. According to Patterns of ‘errorism 2003 (Patterns 2003), as of January 2003 an aggressive international law enforcement effort had resulted in detention of peoimaey 3,000 terrorists and their supporters in more than 100 ‘countries and in the freezing of $124 million in assets in some 600 bank accounts around the world, Soo including $36 million in the United On March 19, 2003,International Relations 167 On June 2, 2003, the G-8 leaders publicized plans, subsequently implemented, to create a Counter-Terrorism Action Group to assist nations in enhancing their anti-terrorism capabilities through initiatives including (1) outreach to countries in the area of counter-terrorism cooperation, and (2) providing capacity building assistance to nations with insufficient capacity to fight terrorism. An encouraging sign in the anti-terrorism struggle has been the apparent willingness of certain previously recalcitrant states to distance themselves from international terrorism and/or development of weapons of mass destruction. Libya renounced its WMD programs on December 21, 2003, and has cooperated extensively with the United States and the international community in dismantling those programs. Sudan, in cooperation with U.S. law enforcement and intelligence agencies, has arrested Al Qaeda members and “by and large” shut down Al Qaeda training camps on its territory. In contrast, Iran, according to the Department of State, remained the primary state sponsor of terrorism in 2005 and has been actively conducting a longstanding nuclear development program, raising concerns in the international community that Iran’s nuclear ambitions extend well beyond nuclear research, with direct implications for a host of ongoing terrorist activities. In order to stave off punitive action by the International Atomic Energy Agency(IAEA) Board of Governors, Iran, on December 19, 2003, signed an agreement to suspend its enrichment-related and reprocessing activities and to allow international inspections of its nuclear facilities. Intensive inspections, however, revealed likely violations of its suspension obligations, hence in late 2005, the IAEA Board of Governors voted to call Iran into noncompliance with its Nuclear Non-Proliferation Treaty (NPT) obligations. The U.N. Security Council passed a resolution on July 31,2006, giving Iran a one-month deadline to comply with demands for halt ingerichment, or face possible sanctions. Notwithstanding, Iran insists on the “right” to continue its enrichment program under the label of “nuclear research,” ostensibly for its energy industry. st COM} with the demands of the Resolution, sco Bs by Te arate ntord® Energy Agency (IAEA) dated August 31, 2006 (Gov/2006/53).168 J. Stalin The Threat of Terrorism Increasingly, international terrorism is recognized as the threat to US foreign, as well as domestic, security. Both timing and target selection by terrorists can affect US interests in areas ranging from preservation of commerce to nuclear non-proliferation to Middle East peace process. A growing number of analysts expresses concern that _Tadical Islamist groups seek to exploit economic and political tensions in Saudi Arabia, Egypt, Indonesia, Russia, Jordan, Pakistan, and other countries. Because of their avowed goal of overthrowing secular or Western-allied regimes in certain countries with large Moslem populations, such groups are seen as a particular threat to U.S. foreign policy objectives. Facing the possibility that a number of states might reduce or withdraw their sponsorship of terrorist organizations, such organizations appear to be seeking and establishing operating bases in countries that lack functioning central governments or that do not exercise effective control over their national territory. For example, on November 17, 2003, the Washington Post reported that Al Qaeda affiliates were training Indonesian operatives in the southern Philippines. In general, the gray area of “terrorist activity not functionally linked to any supporting or sponsoring nation” represents an increasingly difficult challenge for US. policymakers. Terrorists have been able to develop their own sources of financing, which range from NGOs and charities to illegal enterprises such as narcotics, extortion, and kidnapping. Colombia's FARC is said to make hundreds of millions of dollars annually from criminal activities, mostly from “taxing” of, or participating in, then arcotics trade. Bin Laden's Al Qaeda depends on a formidable array of fundraising operations including Moslem charities and wealthy well-wishers, _legiti businesses, and banking connections in the Persian Gulf, as well 28 various smuggling and fraud activities. Furthermore, reports are ongoing of cross-national links among different terrorist organizations. Of utmost concern to policymakers is the specter of proliferation ‘of weapons of mass destruction (WMD) or the means to make them. All! the five officially designated state sponsors of terrorism, Guba, Iran, Korea, Sudan, and Syria, are known or suspected to have had one % more WMD-related program. Two of the states — Iran and North Kore — have, or have had, nuclear weapons-oriented programs in varying of development. Terrorists have attempted to acquire WMD through their own resources and connections. For instance, the Au Shinrikyo cult in Japan was able to procure technology and instructions fF producing Sarin, a deadly nerve gas, through contacts in Russia In _international Relations 169 rer ee ee early 1908.13 The gas was Subsequently used in an attack ‘on the Tokyo subway in March 1995 that killed 12 people and injured over 1000, Media reports of varying credibility suggest that Osama bin Laden is interested in joining the WMD Procurement game, but open- source evidence to date remains scant. A London Daily Telegraph dispatch of December 14, 2001, cited “long discussions” between bin Laden and Pakistani nuclear scientists concerning nuclear, chemical and biological weapons, Earlier, on November 12, 2001, Time magazine reported that a bin Laden emissary tried to buy radioactive waste from an atomic power plant in Bulgaria, and cited the September 1998 arrest in Germany of an alleged bin Laden associate on charges of trying to buy reactor fuel, BBC reports cite the discovery by intelligence officials of documents indicating that Al Qaeda had built a radiological “dirty” bomb near Herat in Western Afghanistan. In January,2003 British authorities reportedly disrupted a plot to use the poison ric in against personnel in England. Trends in Terrorism ik i The Department of State provides to Congress annually @ report on global terrorism. The recent edition, released in March 2006 is: Country Reports on Terrorism 2008. Statistical data on terrorist incidents, analyzed in the report, are provided by the National Counter Terrorism Ce C). The is addresses trends in terrorism and the mer oNGH a and presents information on anti-United Nations Organization The UN system is often referred to as a "family" of organizations. The Charter of the UN, signed in San Francisco on 26 June 1945, defined six main organs of the new world body, each with specific tasks and functions. Although, it was impossible to foresee all the demands in single point of view that might be made on by the organization. The Charter has the adequate provisions for extending its capacities to the day to day needs arose. Thus, three of the main organs are specifically empowered to establish “such subsidiary organs” as may be considered necessary for the performance of their functions. I9 addition, Article 57 of the charter provides that the various specialized agencies established by intergovernmental agreement and having international responsibilities in economic, social, cultural, educational. health, and related fields "shall be brought into relationship" with the United Nations. Since the signing of the charter, the UN has established numerous subsidiary organs and has entered into relationship various independent organizations. For assistance in interpreting of charter, a brief survey of the UN's main organs, the different categories subsidiary organs, and the related agencies is provided.rr international Relations 183 UN Charter expressly recognizes that the maintenance of ntemational peace and security and the protection of human rights are today interdependent and proclaims the promotion of human rights as one of the major aims of the United Nations. It imposes upon both Member states and the United Nations Organization, as a legal obligation to promote and protect human rights. This is outlined in various provisions of the Charter. In the preamble, the peoples of the United Nations express determination ‘to re-affirm faith in fundamental human rights, in the equal rights of men and women and of nations large and small’. The words “promoting and encouraging respect for human rights and assisting in the realization of human fights and fundamental freedoms” appear, with certain variations in Article-1, on the purposes and principles of the United Nations; in Article-13, on the General Assembly; in Article-62, on the Economic and Social Council; and in Article-76 on the International Trusteeship system; in Article-56, read with Article-55 ‘all Members pledge themselves to take joint and separate action in cooperation with the organization for the achievement’ of a number of purposes which ‘the United Nations shall promote’, among them ‘universal respect for, and observance of, human rights and fundamental freedoms, for all without distinction as to race, sex, language or religion’. Origin of United Nation:~ After the First World War the League of Nations was established but it failed to prevent the Second World War. The incidents of Second World War once again compelled the nations of the world to endeavor to establish an international organization which could prevent future war and maintain peace and security in the world, Therefore, the Charter of United Nations was signed on 26” June 1945, in San Francisco, at the conclusion of the United Nations Conference on dgierretienel Organization, and it came into force on 24the October 1945. - ie le United nation was finally established on 24" October. This day has been celebrated as UN day in each year. Formation of United Nations:~ ee The following declarations and conferences are importance milestone of establishment of UN. 1.The Declaration of St. James Pal: The Declaration of St. Jam London on 12 June 1941,by the represe jace June12,1941 lace June 12,1941 signed in i Saas of Britain, Australia,ind South Africa and several exiled Gov, Sa aasio® "to work together, with other free both in war and in peace" -was a first step towards the establishment of the United Nations. 2, Atlantic Charter August 14,1941 On 14 August 1941, President Franklin Delano Roosevelt of United States and Prime Minister Winston Churchill of the United Kingdom proposed a set of principles for international collaboration in maintaining peace and security. The document, signed during a meeting on the ship HMS Prince of Wales, "somewhere at sea", is known as the Atlantic Charter. Which condemned the use of force and territoria aggrandizement and envisaged security from aggression and freedom to choose the form of Government to the peoples. The two signatories stated “that after the final destruction of the Nazi tyranny, they hope to see established a peace which will afford to all nations the means of dwelling in safety within their own boundaries, and which will afford assurance that all the men in all the lands may live out their lives in freedom from fear and want”, 3.The UN Declaration January 1,1942 On 1 January 1942, representatives of 26 Allied nations fighting against the Axis Powers met in Washington, D.C. to pledge their ‘support for the Atlantic Charter by signing the "Declaration by United Nations". This document contained the first official use of the term "United Nations", which was suggested by President Roosevelt. 4. Moscow Declaration October 30,1943 In a declaration signed in Moscow on 30 October 1943, the Governments of the Soviet Union, the United Kingdom, the United States and China called for an early establishment of an i i organization to maintain peace and security. That goal was reaffirmed et the meeting of the leaders of the United States, the USSR, and the United Kingdom at Teheran on 1 December 1943. 5. The Tehran Conference December 1,1943 Bees) ‘A month later on December 4, 1943, President Roosevelt Premier Joseph Stalin and Prime Minister Churchill declared at Teheran that they were sure that their concord Would win an enduring peace. They read fully the supreme fesponsibility resting upon them and all th® ted Nations to make a peace which will command the goodwill of ainternational Relations 185 ae do overwhelming mass of the peoples of the world and banish the scourge and terror of war for many generations, 6, Dumbarton Oaks Conference 1944 The first blueprint of the UN was prepared at a conference held at a mansion known as Dumbarton Oaks in Washington, D.C. During two phases of meetings which ran from 21 September through 7 October 1944, the United States, the United Kingdom, the USSR and China agreed on the aims, structure and functioning of a world organization. 7.Yalta Conference February 11,1945 On 11 February 1946, following meetings at Yalta, President Roosevelt, Prime Minister Churchill and Premier Joseph Stalin declared their resolve to establish "a general international organization to maintain peace and security", 8.San Francisco Conference June 25,1945 On 25 April 1945, delegates of 50 nations met in San Francisco for the United Nations Conference on International Organization. The delegates drew up the Charter, which contains 111-Articles, that was adopted unanimously on 25 June 1945 in the San Francisco Opera House. The next day, they signed it in the Herbst Theatre auditorium of the Veterans War Memorial Building. Aims of the United Nations: The United Nations was established with the purpose of maintaining peace throughout the world and to develop friendly relations between nations. It also recommended the member states to work together to help people live better lives, to eliminate poverty, disease and illiteracy in the world, to stop environmental destruction and to encourage respect for each other's rights and freedoms. UN Charter provides followings are the main objects:- > to save the succeeding generations from the scourge of war; > to confirm the falth in fundamental human rights, in the dignity and Worth of human person; > equal rights of men and women and of nations large and small; i ditions under which justice and respect for the ” ae from treaties and other sources of international law can be maintained, and186 4. Stalin > to promote social progress and better standards of life in larger freedom, , > to practice tolerance and live together in peace and security, ang eptance of principles and the institution : rit ane we force shall not be used, save in the common interest, and > to employ international machinery for the promotion of the ‘economic machinery for the promotion of the economic and socia} advancement of all peoples’. Purpose of the United Nations: Article -1 of United Nations Charter sets out the purposes of the United Nations which are as follows:- ‘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; ‘+ 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; % 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 saan % To be a centre for harmonizing the actions of nations in the attainment of these common ends. x Explanation: 4 The first purpose of the UN is to maintain international peace and security. Internal disorders fall within the concern of the UN f extent that these affect international peace. The charter of UN rec that international peace can be achieved in two ways:- firstly, peaceful settlement or accommodation and, seco! P to collective measures, i Caternational Relations 187 ian The second purpose of the UN is the development of friendly relations on the basis of equal rights and self-determination. the right of peoples and Nations to self-determination is a fundamental human right. Al) people have the right of self-determination, By virtue of this right, they freely determine their political status and freely pursue their economic, social and cultural development, The tight to self-determination crystallizes the necessity of bringing speedy and unconditional end to colonialism in alll its forms and manifestations. The principle demands that immediate steps should be taken to transfer all powers to the peoples of all territories not yet independent without any conditions or reservations. The third purpose of the UN concerns international cooperation and human rights. The achievement of international cooperation and human rights. The achievement of international cooperation in solving international problems and protection and Promotion of human rights underline the maintenance of international peace and security. The maintenance of international peace and security is not solely a matter of settling disputes or dealing with threats to the peace or acts of aggression. There is also a need to create conditions other than purely political favorable to the existence of peace. This crystallizes the need of international cooperation to promote human welfare in a world which no longer permits this objective to be adequately achieved by national action alone. The fourth purpose of the UN is harmonization of the actions of nations. Undoubtedly, there must be harmonization of the policies and actions of states if the UN is to achieve practical results. The emphasis is on the necessity of agreement as a basis for action, particularly, agreement among the major powers. The resolutions should not only be adopted by majority votes but there is a pressing need for broad working consensus of the Members of the UN is support of the decisions taken. Principles of the United Nations:- The following general principles are there >All Member States have sovereign equality. > All Member States must obey the Charter. > Countries must try to settle their differences by peaceful means. > Countries must avoid using force or threatening to use of force. ferfere in the domestic affairs of any country. >The UN may not inter > Countries should try to assist the United Nations,188 os Other principles The principles of the United Nations and provides organization and its members, in pursuit of the purposes prac bd Article-1, shall act in accordance with the following principles:- Wi 4 The organization is based on the principle of the soy equality of all its members; /erelgn All members, in order to ensure of them the rights and benefits resulting from membership, shall fulfill in good faith the Obligations assumed by them in accordance with the present charter. + All members shall settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered. + 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. + All members shall give assistance to UN for any action it takes in accordance with the present charter, and shall refrain from giving assistance to any state against which the UN is taking preventive or enforcement action. 4 The organization shall ensure that states which are not members of the UN act in accordance with these principles so far as may be necessary for the maintenance of international peace fd ‘security. 7 Nothing contained in the present charter shall authorize the UN intervene in matters which are essentially within the domestic jurisdle io of any state or shall require the Members to submit such malls © ‘settlement under the present charter, but this principle shall not pre} the application of enforcement measures under Chapter Vil. Membership:- ____ The Charter of the UN, there may be two types of men mp original members, and ii) states which may be admitted t0 16 “rine accordance with the provisions of Article-4 of the charter. shall 0 " proves; that the original members of the United ference © sia hich, having participated in the United Nations Cone ag Memational Organization at San Francisco, or having Ys yyarernational Relations : 189 the declaration of UN on January1, 1942 and ratified | article 410. itin accordance with admission of New Members: Article -4 of the United Nations Charter provid be admitted to the United Nations on the, atftenatve Source the Security Council and by Election of the General Assembly by 2/3” majority. Admission of states being an important matter, so affirmative vote of 9 members of the Security Council including 5 permanent members are necessary. Moreover, Article-4 provides the five requirements or conditions for a state, to become a member of the UN. They are: i. It must be a state; i. It must be peace-loving; ili It must accept the obligations of the Charter; iv. It must be willing to carry out these obligations; and ve It must be able to carry out these obligations. The practice of the organization and those of the states while voting on the question of the admission of a state to the UN is inconsistent with the provisions contained in Article-4 of the charter. Therefore the General Assembly of the United Nations referred this matter in 1948 for the advisory opinion to the Intemational Court of Justice; ls a Member of the United Nations which called upon, in virtue of Article-4 of the Charter, to pronounce itself by its vote, either in the Security Council or in the General Assembly, on the admission of a State to membership, in the United Nations juridical entitled to make its consent lissi jided to the admission dependent on conditions not expressly provi - i , In particular, can such a Member, while it Paragraph-1 of the said Article? particular, ¢ I oe fur by the 2 ; thin that prov recognizes the conditions set fo fo the additional condition that state concerned, subject its affirmative vote sther astoe be’ acmited fo membership inthe united nations ogetner with that state? . me ; On 28 May 1948, in its Advisory Opinion, stated: ° ne at ag et mh leads to the conclusion that these on ea ignes tor example. enumeration and are not merely stated ill Moat ether : The provision would lose its significance .fe J. Stalin down could be demanded. onnected with those laid The . tole in para.1 of Article-4 must be regarded not merely as the roreltons conditions, but also as the conditions which suffice”, 'ecessary By a vote of 9 to 6, the court gave the opinion: “that a member of the UN which is called upon in vit Article 4 of the charter, to pronounce itself by its vote, either in the council or in the General Assembly, on the admission of a state to membership in the UN, is not juridical entitled to make its consent to the admission dependent on condition not expressly provided by para.4 Of the said Article; and that, in particular, a member of the Organization cannot, while it recognizes the conditions set forth in that provision to be fulfilled by the states concerned, subject its affirmative vote to the additi condition that other states be admitted to membership in the UN to; . with that state”. On 8" December 1948, the General Assembly passed a resolution recommending that each member of the Security Council and of the General Assembly, in exercising its vote on the admission of new Members, should act in accordance with the opinion of the ICJ. On 22% November 1949, the General Assembly requested the ICJ to give advisory opinion on the following question: tue of Can the admission of a state to membership in the UN, pursuant to Art.4 par.2, of the charter, be affected by decision of the General Assembly when the Security Council has made no recommendation for admission by reason of the candidate failing to obtain the requisite majority or of the negative vote of a permanent member upon a resolution ‘so to recommend?. On 3" March 1950,the ICJ gave its Advisory opinion, the question the court regarded itself as called upon to determine was ‘whether the General Assembly can make a decision to admit a state when the security council has transmitted no recommendation to it. The court stated: to hold that the General Assembly has power to adjust a state to ship in the absence of a recommendation of the Security Council would be '9 deprive the Security Council of an important power which has been Entrusted to it by the charter. It would almost nullify the role of the Council in the exercise of one of the essential functions of organization. it would mean that the Security Council would have mere {0 study the case, present a report, give advice, and express a OPT” rgneernational RE}HEOHS, erga ee a ceuneeeiun nnd 209 By a vote of 12 to 2, the court answered the General Assembly question in the negative. is With drawl member state from the United Nations possible? The charter of the UN does not provide for the with drawl of members, In San Francisco Conference,1945 after heated debates it was finally decided that no provisions regarding with drawl of the members should be inserted in the Charter. The question of with drawl of membership has arisen only once in the history of the UN, Indonesia declared her with drawl from the UN because Malaysia has been elected as one of the non-permanent members of the UN . Indonesia claimed a part of the territory, under the occupation of Malaysia. But in 1966, Indonesia again joined her seat in the United Nations as if nothing had happened. Suspension from Membership: Article-5 of the UN Charter makes provision for suspension from membership of the United Nations. This provision has two aims: Firstly, it prevents a member from hindering in any way the preventive and enforcement action being carried out by the security council. Secondly, it applied additional pressure upon the states to comply with the council's directions. The exercise of rights and privileges may be suspended only if the Security Council recommends to take preventive or enforcement action against a member. Article- 5 will be applicable if the Security Council recommends taking the measures open to it under Art.41& 42. It is worth noticing that the issuer of suspension of a state from membership of the United Nations is treated as non-procedural and Security Council must make a recommendation by way of non-procedural vote. To become effective, the recommendation ‘of the security council must then be the members present and voting in the General approved By cae the suspension is a result of the joint Assembly.(UN Charater,Art.18) thus, action cee organs, namely, the General Assembly and the Security Council. However, restoration of rights and privileges is left to the Security can ‘atone. This is done Keeping in view the fact that It is the primary ee ‘bili of the Security Council to maintain international peace and shore se ecurity Council, being in continuous session, security. Furthermore, t “The association of the General Assembly in this action : ane adecision may entail unreasonable delay.| 192 Expulsion from Membership: Statin Article 6 of the Charter deal: the United Nations is last resort an persists in ignoring its Obligations. Like admissi 3 Member majority of two-thirds of those present and vata Te uspenin, General Assembly for expulsion of a Member. This step ne in the upon recommendation of the Security Council bya nee ren oy Thus, the Permanent Members and any Mem! te. bers sur Permanent Member are safeguarded against expulsion. Prey 2 Present Number of Members: In Principle of UN only Soverai states can become the UN members, and currently all un members are sovereign states although a few members were not ‘Sovereign when they Joined the UN Vatican city(Holy see) is the only ‘sovereign state with general international reorganization that is not a UN member which hold maintain diplomatic relations with other states, the Holy see is permanent Observer in 22 November 1974. Palestinian territories (Palestinian represented by the Palestine Liberation Organization)is a UN observer, West Sahara (status in dispute between Morocco & the Polisario front) & Antarctica (regulated by the Antarctica treaty system)Now there are 193, Sovereign States are United Nations Members. The official languages of the UN are Chinese, English, French, and Spanish, the Arabic language is also used an official language of General Assembly, the Security Councl, the ECOSOC. Legal Character of UN:- The UN is considered to be an association or eee States. But it should be noted here that the UN also has a ee entity of its own different from those of its members. Artiole-10# - Charter provides that the organization shall enjoy such legal eye may be necessary for the exercise of its functions and the fulfillm Purpose in the territory of each of its members. Article-105 provides that the organization shall enjoy such privileges and my as are necessary for the fulfillment of its purpose in the termtory © © members. Thus United Nations is a legal person and is It International Law. The General Assembly of the UN> ‘aniclet convention on the privileges and Immunities of the UN in 1946. eonay © the Convention provides: the UN shall possess juridical perso" shall have the capacity a). to contract, Is with expulsion Of the dis to be taken ctiyoahin ber formational Relations as exons Reeders b). to acquire and dispose of immovable pro; ' c). to institute legal proceedings. ( jt was clearly discussed; the UN is a legal person and a subject of 3v. This was confirmed by International Court of Justice in its advisory ‘prion sovereign Equality: The term ‘Sovereign Equality’ combines two distinct but closely plated ideas, namely, ‘state sovereignty’ and ‘equality of states’. The / expression ‘state equality’ has been commonly interpreted to mean equality before law. According to the report of the Technical Committee which considered the matter at San Francisco, ‘sovereign equality’ includes the following elements:- i. That states are judicially equal; ii. That each state enjoys the rights inherent in full sovereignty; That the personality of the state is respected, as well as its territorial integrity and political independence; iv, That the state should, under international order, comply faithfully, with its international duties and obligations. The League's Council was transformed into the Security Council consisting of the five victors of the war as permanent members and ten other countries under the two year terms. The five permanent members - China, France, the UK, the USSR, and the US were also given veto power, which means that decisions taken by the Security Council can be blocked by any of the five permanent members. It is against ‘the equality principle enshrined in the Un Charter, however, the same principle has been followed for six of decades, that ts 65 veel leh of this inequality principle that the permanent five mem! lave veto power against the aale statesmen of the country. It is impliedly shows the capitalism principles. Fulfillment of Obligations: faith The Charter obligates the Members states to fulfill in good f the obligations assumed by them. The principle is fundamental to the order. Its logical inference is that i ational legal i establishment of interne tneir obligations are not in a position to jo do not Hala bel of membership. The following are the main obligations, ii. —_—_—— —x PPT lee The Court ruled that Nicaragua's rights to sovereignty ang political independence should not be jeopardized by any Militaty oy paramilitary activities, and that the United States should cease restrict) access to and from Nicaragua's ports, particularly through the laying of mines. The Court indicated these provisional measures in an order made on 10 May1984._ we” Collective Security y Collective security can be understood as a_security arangement, politic ‘egional, or global, in which each state in the system accepts that the security of one is the concern of all, and therefore commits to a lect € and breaches to _peace,\Collective security is more ambitious than systems of alliance secunt collective defense in that it seeks to encompass the totality of states within a region or indeed globally, and to address a wide range of ‘possible threats. While collective security is an idea with a long history; its implementation in practice has proved problematic. Several prerequisites have to be met for it to have a chance of working. Collective security is one of the most promising approaches for peace and a valuable device for power management on an scale. Cardinal Richelieu proposed a scheme for collective secutity in 1629, which was partially reflected in the 1648 Peace of Westphalia. In the eighteenth century many proposals were made for_collective security arrangements, especially in Europe. The concept of a peaceful community of nations was outlined in 1795 in Immanuel Kant's Perpetual Peace: A Philosophical Sketch Kast outlined the idea of a league of nations that would controf conflict and _promote peace between states. However, he argues for the establishment of @ peaceful world community not in a sense that there be a global government but in the hope that each state would declare itself as a free State that respects its citizens and welcomes foreign visitors as fellow rational beings. His key argument |s that a union of free states would promote peaceful soci le: therefore, in his view, there can be @ perpetual peace shaped by the-international-eemmunity rather than by @ ted government ___ According to the Ahmadiyya movement in. Islam, collective ‘security was prescribed by the teachings of the Quan ‘Addressing at GapitolHil, Mirza Masroor Ahmad, the fifth Caliph of the movements “explaining verse 9 of chapter 49 of the Quran, said: ” ore prternational Relations 209 The Quran teaches that when two nations are in dispute and this jeads to war, then other governments should strongly counsel them towards dialogue and diplomacy so that they can come to an agreement and reconciliation on a basis of a negotiated settlement. If, however, one of the parties does not accept the terms of agreement and wages war, then other countries should unite together and stop that aggressor. When the aggressive nation is defeated and agrees to mutual negotiation, then all parties should work towards an agreement that leads to long-standing peace and reconciliation, Bahaullah (1817-1892), the founder of the Bahai Faith, prescribed collective security as a means to establish world peace in his writings during the 19th century: The time must come when the imperative necessity for the holding of a vast, an all-embracing assemblage of men will be universally realized. The rulers and kings of the earth must needs attend it, and, participating in its deliberations, must consider such ways and means as will lay the foundations of the world's Great Peace amongst men Such a peace demands that the Great Powers should resolve, for the sake of the tranquility of the peoples of the earth, to be fully reconciled among themselves. Should any king take up arms against another, all should unitedly arise and prevent him. If this be done, the nations of the world will no longer require any armaments, except for the purpose of preserving the security of their realms and of maintaining internal order within their territories. This will ensure the peace and composure of every people, government and nation. International co-operation to promote collective security originated in the Concert of Europe that developed after the Napoleonic Wars in the nineteenth century in an attempt to maintain the status quo between European states and so avoid war. This period also saw the development of international law with the first Geneva Conventions establishing laws about humanitarian relief during war and the international Hague Conventions of 1899 and 1907 governing rules of war and the peaceful settlement of international disputes. the Inter-Parliamentary .e forerunner of the League of Nations, Union aa was formed by peace activists William Randal Cremer and Frederic Passy in 1889, The organization was international in scope with d of the members of parliament, in the 24 countries with parliaments, me as members of the IPU by 1914. Its aims were to encourage soveriee to solve international disputes by peaceful means andJ. Stalin, id to help govern | conferences were held to vanes fa arbitration. The IPU's structure consisted oy dent which would later be reflected in ihe 210 tion and annui Council headed by @ Presi structure of the League ee start of the twentieth centu r blocs ‘em through sais between the European hea Powers. It was toe alliances that came into effect at the start of the First World War in 1944, drawing all the major European powers into the war. This was the first major war in Europe between industrialized countries and the first time in Western Europe the results of industrialization (for example mass | production) had been dedicated to war. The result of this indust | warfare was an unprecedented casualty level with eight and a half million members of armed services dead, an estimated 21 million wounded, and approximately 10 million civilian deaths. By the time the fighting ended in November 1948, the war had had a profound impact, affecting the social, political and economic systems of Europe and inflicting psychological and physical damage on the continent, Anti-war sentiment rose across the world; the_ War was described as ‘the wat to ond all ware and its possible causes were vigorously investigated. The causes identified included arms faces. alliances, secret diplomacy, and the freedom of sovereign states to enter into war for their own benefit. The perceived remedies to these were sean as the creation of an international organization whose aim was to prevent future war through disarmament, open diplomacy, international co- operation, restrictions on the right to wage wars, and penalties that made war unattractive to nations. oT 4 Collective security in the League of Nations Seah Cae War |, the first large scale attempt to provide security in modern times was the establishment of the Lez i rte) In he provisions of the Le: represented weak sytem for decision-making and for collective An example of the failure of the League of Nations’ collective se the Manchurian Crisis, when Japan occupied part of China : League member)Affr the vast members of tetas Tesolution calling for Japan to iy f that every nation on thé L promptly vetoed the resolution, severely fimiting the LN's ¢ respond, ‘After ‘one year of deliberation, ih Langer e sartional Relations sald 211 a mning the invasion without committing the League's members to any action against it. The Japanese replied by.quitting the League A similar process occurred in 1935, when Italy invaded Ethiopia Sanctions were passed, but Italy would have vetoed any Stronger resolution. Additionally, Britain and France sought to court Italy's government 28 @ potential deterrent to Hitler, given that Mussolini was not yet in what would become the Axis alliance of World War Il. Thus, neither enforced any serious sanctions against the Italian government. Accitionally, in this case and with the ee ae the absence of the USA the of Nations the LN of Inaction by the League subjected it to citasms that it was weak and concemed more with European issues (most leading members were European), did not deter Hitler from his plans to dominate Europe. The Ethiopian monarch Emperor Haile Czechoslovakia in March 1939 it was shown that the Western Powers were not pregared fo engage in collective security against aggression by revised and Litvinov was replacedFS ‘of the limitations of collective: Security include te ‘Argentina invaded the islands, which are Overseag 9 United Kingdom, many UN members stayed out of the did not directly concern them There was also a controversy the United States role in that conflict due helt obligations as an Inter-American Treaty of Reciprocal Assistance (the "Rio Pact") member, “However, many politicians who view the system as having faults also aes it remains a useful tool for keeping international peace, The role of the UN and Se yn Sloneral is also iven the rise of internal state conflicts since the enc fasten ‘boon 111 miltary conflicts worldwide, but only 9 of which hava involved two or more states going to war with one another. The remainder have either been internal civil wars or_civil wars. where other nations intervened in some manner. This means that collective security may have to evolve towards-providing a means to ensure stability and a fair international resolution to those internal conflicts. Whether this will involve more powerful peacekeeping forces or a larger role for the UN diplomatically will likely be judged from a case to case basis. = ———- The Specialized Agencies:- Art.57 of the ai-Gharter provides that the various _specialized—agencies _establishe by —_ inter-governmental agreement and having wide international responsibility, as defined in their basic instruments economic, social, cultural, educational, health and related fields shall be brought into relationship with the United Nations in accordance with Art.63. The following are the main specialized agencies of the United Nations:- _-)international Labour Organization(|.L.0) (this chapter is page:49) ~ ii)World Health Organization(W. > (For the n(W.H.O):= establishment of the WHO, the Economic and. Soc ae alled an Intemational Conference in New York in. July,4 Representatives of 46 Si Participated in this conference, On Jilly, 22, 1946, the World Health Organization adopted its constitution, In July, 1948, this organization was brought into relationship with the UN started and finally on Sep.1,1948, it sta functioning as a permanent organization yon See eee Coe funetons of the World Health Organization is to raise the asa late oF ee siete Preamble Site WG dates I, Mgntal and social being and not mé g physical, 9 an é pone nee ot desases or Infimnity.)In order to achieve its objective this Goverments ots. Many funedons sich “ase assist’ the State omments in strengthening thelr health service: to give them technicalternational Relations + Sst assistance and advice in emergency; to make plans to €radicate di: and to implement them; and to propose international conventions: avg agreements on matters of health. The WHO comprises of th. three main organs:= pris following 213 a) Assembly:- It comprises of all the members. Its session is held every year and each member has one vote. However each member is entitied to have 3 representatives in the Assembly. The Assembly lays down the General Policy and passes the Budget of the Organization. b) Executive Board:-This is technical and non-political organ. It comprises of 24 members who possess high technical education in the field of health and who are elected by the Assembly. It holds its session twice in a year and implements the decisions taken by the Assembly. c) Secretariat:- The chief of the Secretariat is a Director who is appointed by the Assembly. He is also the chief and the technical officer of the organization. The WHO has rendered signal services by its endeavors to eradicate diseases and to raise the standards of health of the people of the world. iii)United Nations Educational, Scientific and Cultural Organization:- (UNESCO) It was established a conference held in London 1946, finally established on November, 14,1946. Art. 1 provided Since wars begin in the minds of men, it is in the minds of men that defences of peace and constructed.| It aim to contribute for the maintenance of international peace and security by creating respect for the mule of law, nog and fundamental freedoms through the medium of education, and culture. The UNESCO had laid a great_emphasis on the development of basic education. It also encourages research work in the field of science. The following are the main organs of the UNESCO) “2 i a)General Conference:- All the member-states get representation in the General Conferenee-which holds its sessions twice every year, Itis the policy-making organ of the UNESCO. ae b)Executive Board:- It comprises of 24 members who are elected by the General Conference for a term of four years, Its function is to implement the decision of General Conference. Sgn St ¢) Secretarlat:« The Chief of the Secretariat is a Director General who Is clected-by-the General Conference on the ua" Board, valine