I NTERNATIONAL O RGANIZATION

UN Day 24 October

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I NTERNATIONAL ORGANIZATIONS

An international organization is an organization with an international membership, scope, or presence. 1. International nongovernmental organizations (INGOs) Non-profit organizations Scout Movement, Red Cross 2. Intergovernmental organizations UN, WTO, EU international organizations inter governmental Organizations

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E ARLY

DEVELOPMENTS

Treaty of Westphalia 1648 States voluntary making treaties 19th Century rapid development of international society. The International Telecommunication Union (ITU) and Universal Postal Union (UPU) were founded in the 1860s. The Hague Conference - 1899 UN UN specialised agencies Regional Organizations such as EU. Intergovernmental organizations

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FUNCTIONS

Mostly promotional in nature and in some cases operational in nature. Each institution having its own limited field of activity. Their constitutions and rules explains the objectives, purposes and powers. Recommendatory in nature Each organization should possesses the totality of international rights and duties recognised by international law, the rights and duties of an entity such as the organization must depend upon its purposes and functions as specified or implied in its constituent documents and developed practice. ICJ 1949, 180.
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CHARACTERISTICS

International personality separate from its Members Financed by the Members Permanent secretariats 1919 Versailles Peace Conference The League of Nations was an international organization founded as a result of the Treaty of Versailles in 1919 1920. At its greatest extent from 28 September 1934 to the 23 February 1935, it had 58 members.
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L EAGUE

OF

N ATIONS

avoid a repeat of a devastating war, the League of Nations objective was to maintain universal peace within the framework of the fundamental principles of the Pact accepted by its Members : « to develop cooperation among nations and to guarantee them peace and security. In spite of these early successes, the League of Nations did not manage to prevent neither the invasion of Mandchuria by Japan, nor the annexation of Ethiopia by Italy in 1936, nor that of Austria by Hitler in 1938. The powerlessness of the League of Nations to prevent further world conflict, the alienation of part of its Member States and the generation of the war itself, added to its demise from 1940.

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UN
The onset of the Second World War suggested that the League had failed in its primary purpose, which was to avoid any future world war. The United Nations replaced it after the end of the war and inherited a number of agencies and organizations founded by the League1919-1946

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UN

The United Nations (UN) is an international organization whose stated aims are to facilitate cooperation in international law, international security, economic development, social progress, human rights, and achieving world peace. The UN was founded in 1945 after World War II to replace the League of Nations, to stop wars between countries and to provide a platform for dialogue.

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P ERSONALITY
The primary test is functional. Reparation case injury to UN Employees and consequent claims no explicit provision dealing with personality ICJ draw personality from the whole Charter. Criteria: a permanent association of states with lawful objects equipped with organs; Distinction of legal personalities between organization and its members. Existence of legal powers in the international plane.
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UN M EMBERS

Presently 192 Members

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UN
Present Secretary General Banki-moon The organization is divided into administrative bodies, primarily: The General Assembly (the main deliberative assembly); The Security Council (decides certain resolutions for peace and security); The Economic and Social Council (assists in promoting international economic and social cooperation and development); The Secretariat (provides studies, information, and facilities needed by the UN); The International Court of Justice (the primary judicial organ).
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UN C HARTER

The charter 1 - PURPOSES AND PRINCIPLES 2 MEMBERSHIP 3 ORGANS 4 - THE GENERAL ASSEMBLY 5 - THE SECURITY COUNCIL 6 - PACIFIC SETTLEMENT OF DISPUTES 7 Enforcement 8 Regional Arrangements
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9 - INTERNATIONAL ECONOMIC AND SOCIAL CO-OPERATION. 10 - THE ECONOMIC AND SOCIAL COUNCIL 11 - NON-SELF-GOVERNING TERRITORIES 12 - INTERNATIONAL TRUSTEESHIP SYSTEM 13 - THE TRUSTEESHIP COUNCIL 14 - ICJ

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PURPOSES

To maintain international peace and security To develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples. To co-operate in solving international economic, social, cultural and humanitarian problems and in promoting respect for human rights and fundamental freedoms. To be a centre for harmonizing the actions of nations in attaining these common ends.

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PRINCIPLES

It is based on the sovereign equality of all its Members All members are to fulfill in good faith their Charter obligations They are to settle their international disputes by peaceful means and without endangering international peace and security and justice. they are to refrain from the threat or use of force against any other state; They are to give the UN every assistance in any action it takes in accordance with the Charter;
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PRINCIPLES

States shall not assist States against which the UN is taking preventive or enforcement action; Nothing in the Charter is to authorize the UN to intervene in matters which are essentially within the domestic jurisdiction of any state.

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M EMBERSHIP

A.2 Membership in the United Nations is open to all other peaceloving states which accept the obligations contained in the present Charter and, in the judgment of the Organization, are able and willing to carry out these obligations. The admission of any such state to membership in the United Nations will be effected by a decision of the General Assembly upon the recommendation of the Security Council.

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GA

Composed of all United Nations member states, the assembly meets in regular yearly sessions under a president elected from among the member states. When the General Assembly votes on important questions, a two-thirds majority of those present and voting is required. The Security Council is charged with maintaining peace and security among countries. While other organs of the United Nations can only make 'recommendations' to member governments, the Security Council has the power to make binding decisions that member governments have agreed to carry out, under the terms of Charter Article 25.

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GA
Established in 1945 under the Charter of the United Nations, the General Assembly occupies a central position as the chief deliberative, policymaking and representative organ of the United Nations. Comprising all 192 Members of the United Nations, it provides a unique forum for multilateral discussion of the full spectrum of international issues covered by the Charter. It also plays a significant role in the process of standard-setting and the codification of international law.

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F UNCTIONS

AND

P OWERS

Consider and make recommendations on the general principles of cooperation for maintaining international peace and security, including disarmament; Discuss any question relating to international peace and security and, except where a dispute or situation is currently being discussed by the Security Council, make recommendations on it; Discuss, with the same exception, and make recommendations on any questions within the scope of the Charter or affecting the powers and functions of any organ of the United Nations;

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F UNCTIONS

AND

P OWERS

Initiate studies and make recommendations to promote international political cooperation, the development and codification of international law, the realization of human rights and fundamental freedoms, and international collaboration in the economic, social, humanitarian, cultural, educational and health fields; Make recommendations for the peaceful settlement of any situation that might impair friendly relations among nations; Receive and consider reports from the Security Council and other United Nations organs;

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F UNCTIONS

AND

P OWERS

Consider and approve the United Nations budget and establish the financial assessments of Member States; Elect the non-permanent members of the Security Council and the members of other United Nations councils and organs and, on the recommendation of the Security Council, appoint the SecretaryGeneral.

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F UNCTIONS

AND

P OWERS

Pursuant to its Uniting for Peace resolution of November 1950 (resolution 377 (V)) [PDF], the Assembly may also take action if the Security Council fails to act, owing to the negative vote of a permanent member, in a case where there appears to be a threat to the peace, breach of the peace or act of aggression. The Assembly can consider the matter immediately with a view to making recommendations to Members for collective measures to maintain or restore international peace and security (see "Special sessions and emergency special sessions ).

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FUNCTIONS

While the Assembly is empowered to make only non-binding recommendations to States on international issues within its competence. To make recommendations for the peaceful settlement of any situation, regardless of origin, which might impair friendly relations among nations;

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SC

The Council is composed of five permanent members China, France, Russian Federation, the United Kingdom and the United States and ten non-permanent members (with year of term's end): Belgium (2008) Indonesia (2008) South Africa (2008) Burkina Faso (2009) Italy (2008) Viet Nam (2009) Costa Rica (2009) Libyan Arab Jamahiriya (2009) Croatia (2009) Panama (2008) The General Assembly elected Austria, Japan, Mexico, Turkey and Uganda to serve as non-permanent members of the Security Council for two-year terms starting on 1 January 2009. The newly elected countries will replace Belgium, Indonesia, Italy, Panama and South Africa.

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SC

The Security Council has primary responsibility, under the Charter for the maintenance of international peace and security. When a complaint concerning a threat to peace is brought before it, the Council's first action is usually to recommend to the parties to try to reach agreement by peaceful means. On many occasions, the Council has issued cease-fire directives which have been instrumental in preventing wider hostilities. It also sends United Nations peace-keeping forces to help reduce tensions in troubled areas.
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SC

A Member State against which preventive or enforcement action has been taken by the Security Council may be suspended from the exercise of the rights and privileges of membership by the General Assembly on the recommendation of the Security Council.

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F UNCTIONS
Under the Charter, the functions and powers of the Security Council are: 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;
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FUNCTIONS

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 GeneralAssembly the appointment of the SecretaryGeneral and, together with the Assembly, to elect the Judges of the International Court of Justice.
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S ECRETARIAT
The United Nations Secretariat is headed by the Secretary-General, assisted by a staff of international civil servants worldwide.

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S ECRETARY G ENERALS OF THE UN
Name Trygve Lie Dag Hammarskjöld U Thant Kurt Waldheim Javier Pérez de Cuéllar Boutros BoutrosGhali Kofi Annan Ban Ki-moon Country of origin Norway Sweden Burma Austria Took office 2 February 1946 10 April 1953 Left office Note 10 November 1952 Resigned 18 September 1961 Died while in office First SecretaryGeneral from Asia

No. 1 2 3 4

30 November 1961 1 January 1972 1 January 1972 1 January 1982

5

Peru

1 January 1982

1 January 1992

First SecretaryGeneral from South America First SecretaryGeneral from Africa

6 7 8

Egypt Ghana South Korea

1 January 1992 1 January 1997 1 January 2007

1 January 1997 1 January 2007

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ECOSOC
Charter established ECOSOC as the principal organ to coordinate the economic and social work of the UN and the specialized agencies and institutions. 54 Members selected among Members Functions: To serve as the central forum for discussing international economic and social issues, and for formulating policy recommendations. To make studies and reccomendatons.
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ECOSOC

To promote respect for, and observance of, human rights and fundamental freedoms. To call international conferences ad prepare draft conventions for submission to the GA. To co-ordinate the activities of the specialized agencies To consult with non-governmental organizations concerned with subjects deal with the council.

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T RUSTEESHIP
Supervise the trust territories 5 permanent members Redundant after 1994

COUNCIL

Last country to become independent is Palau.

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ICJ
The International Court of Justice (ICJ), located in The Hague, Netherlands, is the primary judicial organ of the United Nations. Established in 1945 by the United Nations Charter, the Court began work in 1946 as the successor to the Permanent Court of International Justice. The Statute of the International Court of Justice, similar to that of its predecessor, is the main constitutional document constituting and regulating the Court

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ICJ

The ICJ is composed of fifteen judges elected to nine year terms by the UN General Assembly and the UN Security Council from a list of persons nominated by the national groups . A Judge can be appointed for 9 years and can be re-elected.

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C URRENT
Country United Kingdom Jordan Madagascar China Sierra Leone Venezuela United States Japan ermany Slovakia France New Zealand Position President Vice-President Member Member Member Member Member Member Member Member Member Member Member Member Member
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COMPOSITION
Elected 1995, 2000 2000 1991, 2000 1994, 2003 1994, 2003 1996, 2000 2000, 2006 2003 2003 2003 2005 2006 2006 2006 2006 Term End 2009 2009 2009 2012 2012 2009 2015 2012 2012 2012 2009 2015 2015 2015 2015

Name Dame Rosalyn Higgins Awn Shawkat AlKhasawneh Raymond Ranjeva Shi Jiuyong Abdul . Koroma onzalo Parra Aranguren

Thomas Buergenthal Hisashi Owada Bruno Simma Peter Tomka Ronny Abraham Sir Kenneth Keith

Bernardo Sepúlveda Amor Mexico Mohamed Bennouna Leonid Skotnikov Morocco Russia

 

 

 

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JURISDICTION

As stated in Article 93 of the UN Charter, all 192 UN members are automatically parties to the Court's statute. Non-UN members may also become parties to the Court's statute under the Article 93(2) procedure. Disputes Advisory opinion

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DISPUTES

In contentious cases (adversial proceedings seeking to settle a dispute), the ICJ produces a binding ruling between states that agree to submit to the ruling of the court. The key principle is that the ICJ has jurisdiction only on the basis of consent. Article 36 outlines four bases on which the Court's jurisdiction may be founded. First, 36(1) provides that parties may refer cases to the Court (jurisdiction founded on "special agreement" or "compromis"). This method is based on explicit consent rather than true compulsory jurisdiction.
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JURISDICTION

Second, 36(1) also gives the Court jurisdiction over "matters specifically provided for ... in treaties and conventions in force". Most modern treaties will contain a compromissory clause, providing for dispute resolution by the ICJ. during the Iran hostage crisis, Iran refused to participate in a case brought by the US based on a compromissory clause contained in the Vienna Convention on Diplomatic Relations, nor did it comply with the judgment. Third, Article 36(2) allows states to make optional clause declarations accepting the Court's jurisdiction.

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J URISDICTION

the Court may have jurisdiction on the basis of tacit consent (forum prorogatum). In the absence of clear jurisdiction under Article 36, jurisdiction will be established if the respondent accepts ICJ jurisdiction explicitly or simply pleads on the merits. The notion arose in the Corfu Channel Case (UK v Albania) (1949) in which the Court held that a letter from Albania stating that it submitted to the jurisdiction of the ICJ was sufficient to grant the court jurisdiction.

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LAW

International conventions establishing rules expressly recognized by the contesting states. International custom as evidence of a general practice accepted as law The general principle of law recognized by nations and; Judicial decisions and the teachings of the most qualified scholars of the various nations.

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A DVISORY

OPINION

An advisory opinion is a function of the Court open only to specified United Nations bodies and agencies. In principle, the Court's advisory opinions are only consultative in character, though they are influential and widely respected. Whilst certain instruments or regulations can provide in advance that the advisory opinion shall be specifically binding on particular agencies or states, they are inherently non-binding under the Statute of the Court. An advisory opinion derives its status and authority from the fact that it is the official pronouncement of the principal judicial organ of the United Nations.
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ICC

A related court, the International Criminal Court (ICC), began operating in 2002 through international discussions initiated by the General Assembly. The International Criminal Court (ICC) is an independent, permanent court that tries persons accused of the most serious crimes of international concern, namely genocide, crimes against humanity and war crimes. The ICC is based on a treaty, joined by 108 countries. It is the first permanent international court charged with trying those who commit the most serious crimes under international law, including war crimes and genocide.

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ICC

The ICC is functionally independent of the UN in terms of personnel and financing, but some meetings of the ICC governing body, the Assembly of States Parties to the Rome Statute, are held at the UN. There is a "relationship agreement" between the ICC and the UN that governs how the two institutions regard each other legally. The ICC is a court of last resort. It will not act if a case is investigated or prosecuted by a national judicial system unless the national proceedings are not genuine, for example if formal proceedings were undertaken solely to shield a person from criminal responsibility. addition, the ICC only tries those accused of the gravest crimes.
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T HANK

YOU

KDR/IIT KGP/RGSOIPL/-2008

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