Unit 8

The United Nations

International Organizations
1.- Creation
 UN did not appear unexpectedly. Backgrounds in the League of Nations.
 To create a fully new IO.
 League of Nation formally disolved in 1947.
 Immediate backgrounds of UN:
• Allied Declaration 12 june 1941
• Atlantic Charter, 14 August 1941, bw Roosevelt and Churchill
• Declaration of Washington or Declaration of the United Nations, 1 January 1942
• Declaration of Moscow, 30 October 1943
 Preparatory International Conferences
• Dumbarton Oaks (October 1944)
• Yalta (February 1945)
 Conference of San Francisco (April – June 1945)
• Adoption of the UN Charter and the Statute of the ICJ
• 26 June 1945 Signing of the UN Charter
• 50 States + Poland

International Organizations
1.- Purposes and Principles
 UN Charter Chapter 1: https://www.un.org/en/sections/un-charter/chapter-i/index.html

 Purposes:
o Main objectives of the Charter
o Help interpret the Charter

1.- Maintainance of International Peace and Security

• Fundamental objective of the UN

• Maintainance of Peace in International Community
• But also international terrorism, proliferation of weapons of mass destruction, violation of HRs
• But also article 52.1 UN:
“Nothing in the present Charter precludes the existence of regional arrangements or agencies for
dealing with such matters relating to the maintenance of international peace and security as are
appropriate for regional action provided that such arrangements or agencies and their activities are
consistent with the Purposes and Principles of the United Nations”.

International Organizations
1.- Purposes and Principles
2.- To develop friendly relationships among nations based on respect for the principle of equal rights
and self-determination of peoples, to take other appropriate measures to strengthen universal
peace.

Very broad principle

• Examples: International cooperation, codification and progressive development of International
Law, foster general wealth-being, or friendly relations between nations.

3.- Achieve International co-operation

• To improve well being of States in a number of fields that mean progress.
• Article 1.3: “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”.

International Organizations
1.- Purposes and Principles

4.- Harmonizing the actions of nations in the attainment of these objectives.

• Instrumental purpose to reach the other three.

• Decentralization foreseen in the Charter : UN + Other IOs + MS

 Principles
• General framework where Organs and MS of UN must frame their conduct.
• Have been created by the General Assembly + International Conferences

1.- Sovereign Equality

• Article 2.1 UN Charter
• UN is based in the sovereign equality of MS:
o Right for a MS to exercise its functions in a plane of Independence and equality of other MS
o Judicial equality bw all MS
o Not to be interpreted in an absolute way . Examples: UN, EU, World Bank, IMF
• Resolution 2625 (XXV) UN: Equal rights, equal duties, equal members of International community. Each
State to develop its polítical, economic, social and cultural sistems. Duty to comply fully and in good
faith with its international obligations and to live in peace with other MS.
International Organizations
1.- Purposes and Principles.

2.- Good faith.

• Article 2.2 UN Charter
• To Limit the discretionality of MS
• MS to comply their juridical obligations from International Agreements or from International Law

3.- Settlement of International disputes

• Article 2.3 UN Charter
• Meaning controversy on a point of law or a fact, it is an opposition on juridical thesis or interests
between two States.
• No obligation of result but to try to arrive on Good faith and in cooperation to a fair and rapid solution
to that controversy. This settlement based on the sovereign equality of MS and free of choice of means
• See article 33.1 UN Charter: “The parties to any dispute, the continuance of which is likely to endanger
the maintenance of international peace and security, shall, first of all, seek a solution by negotiation,
enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or
arrangements, or other peaceful means of their own choice”.

International Organizations
1.- Purposes and Principles
4.- Prohibition of the use of force

• Preamble of the UN Charter: “to save succeeding generations from the scourge of war, which twice in
our lifetime has brought untold sorrow to mankind”.
• Article 2.4: “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”.
• Ius cogens principle.
• Article 52 Vienna Convention on the Law of the Treaties: Treaty void if concluded by the threat or use
of force in violation of the UN Charter.
• Resolution 3314 (XXIX): Aggression refers to the use of armed force + indirect forms such as civil strife,
terrorist acts or acquiescing in organized activities within its territory where these acts involve the use
of force
• But if the use of force is allowed if:
 Self-defence (article 51 UN Charter)
 Article 107 UN Charter (no more in force): “Nothing in the present Charter shall invalidate or preclude action,
in relation to any state which during the Second World War has been an enemy of any signatory to the present
Charter, taken or authorized as a result of that war by the Governments having responsibility for such action”.

International Organizations
1.- Purposes and Principles
5.- Assistance to the United Nations.
• Article 2.5: “All Members shall give the United Nations every assistance in any action it takes in accordance with the
present Charter, and shall refrain from giving assistance to any state against which the United Nations is taking
preventive or enforcement action”.

6.- Autority of United Nations over Member States.

• Article 2.6: “The Organization shall ensure that states which are not Members of the United Nations act in accordance
with these Principles so far as may be necessary for the maintenance of international peace and security”.
• Universal vocation and raison d’être of the Organization.
• UN casts its authority over non-Member States.

7.- Exception of internal jurisdiction of MS.

• Article 2.7: “Nothing contained in the present Charter shall authorize the United Nations to intervene in matters which
are essentially within the domestic jurisdiction of any state or shall require the Members to submit such matters to
settlement under the present Charter; but this principle shall not prejudice the application of enforcement measures
under Chapter Vll”.
1.- Purposes and Principles.
Other Principles.

 Non-Intervention
• Resolution 2625 (XXV): “No country has the right to intervene directly or indirectly on the internal or external affairs of any other country. Any type of
threat is a violation of International Law”.
• Ex Latin American countries. Judicial protection vs. European states and USA

 Pacific Co-operation between Member States

• Resolution 2625 (XXV):
o Maintenance of international peace and security
o Cooperation for the promotion and respect of Human Rights
o Sovereign equality and non-intervention in International Relations

 Equality of rights and free determination of peoples

• Resolution 2625 (XXV): “All States enjoy sovereign equality. They have equal rights and duties and are equal members of the international community,
notwithstanding differences of an economic, social, political or other nature. Any attempt aimed at the partial or total disruption of the national unity
and territorial integrity of a State or a country or at its political independence is incompatible with the purposes and principles of the Charter”.

• Resolution 1514 (XXV), 14 December 1960 https://undocs.org/en/A/RES/1514(XV)%20

2.- ADMISSION (Article 4). THE RISE OF UNIVERSAL ORGANIZATIONS.
• Article 4 UN Charter: “Membership in the United Nations is open to all other peace-loving 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”.

• But Original Members: article 3 Charter: “The original Members of the United Nations shall be the states which, having participated
in the United Nations Conference on International Organization at San Francisco, or having previously signed the Declaration by
United Nations of 1 January 1942, sign the present Charter and ratify it in accordance with Article 110”. 51 Members in total

• Conditions for admission:

o To be a State
o Peace-loving country.
o To accept the obligations of UN Charter. (Per country ad hoc declaration).
o To be able to carry out the obligations of the UN Charter
o To be considered by the UN to carry out the UN Charter obligations.

• Procedure: article 4.2: “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”. Positive votes of Permanent members of Security Council.
• Universality: 193 Members. Last member to be admitted: South Sudan (2006)
https://www.un.org/en/sections/member-states/growth-united-nations-membership-1945-present/index.html
3.- FUNCTIONS
https://www.un.org/en/sections/what-we-do/index.html

1.- Maintain International Peace and Security

2.- Protection of HRs

3.- Deliver Humanitarian Aid

4.- Promote Sustainable Development

5.- Uphold International Law

4.- UN STRUCTURE.

a) Major Organs.
 General Assembly
• Only UN body with Universal representation.
• Main deliberative, policymaking and representative organ of the UN.
• Composition:193 Member States. Article 9.1.The General Assembly shall consist of all the Members of the
United Nations. 2. Each Member shall have not more than five representatives in the General Assembly
• Functions
o The General Assembly may discuss any questions or any matters within the scope of the present Charter
(article 10).
o Maintainance of Peace and International Security (article 11 & 12)
o Codification of International Law (article 13)
o Approve the budget of the Organization (article 17)
o Admission, expulsion and suspension of the Members of the UN (articles 4, 5 and 6)
4.- UN STRUCTURE
• Procedure
o Article 20: The General Assembly shall meet in regular annual sessions and in such special sessions as occasion may
require. Special sessions shall be convoked by the Secretary-General at the request of the Security Council or of a
majority of the Members of the United Nations
 Ordinary Sessions: Annual General Assembly Session (Third Tuesday September each year)
 Extraordinary Sessions: Upon circumstances.

• Voting: article 18: Each member of the General Assembly shall have one vote.

o Each MS one vote : article 18.1

o Important Qs 2/3 majority of the members present and voting. Article 18.2
o recommendations with respect to the maintenance of international peace and security, the election of the non-
permanent members of the Security Council, the election of the members of the Economic and Social Council, the
election of members of the Trusteeship Council in accordance with paragraph 1 (c) of Article 86, the admission of
new Members to the United Nations, the suspension of the rights and privileges of membership, the expulsion of
Members, questions relating to the operation of the trusteeship system, and budgetary questions.
o Decisions on other questions, including the determination of additional categories of questions to be decided by a two-
thirds majority, shall be made by a majority of the members present and voting: article 18.3
4.- UN STRUCTURE
 Security Council
• Chapter V: https://www.un.org/en/sections/un-charter/chapter-v/index.html
• Members:
o Permanent: article 23.1
o Non-permanent: article 23.2. They shall be elected for a term of two years
 Criteria to be elected as Non-permanent article 23.1:
 Contribution of Members of the United Nations to the maintenance of international peace and
security.
 Contribution to the other purposes of the Organization, and also to equitable geographical
distribution.

• Functions: article 24 UN Charter

o Maintenance of International Peace and Security: Primary responsibility (article 24)
o Pacific Settlement of Disputes (articles 33-38)
o Action with respect to threats to peace, breaches of the peace and acts of aggression (articles 39-51)
4.- UN STRUCTURE

• Voting: article 27
o Each member of the Security Council shall have one vote (article 27.1)
o Decisions of the Security Council on procedural matters shall be made
by an affirmative vote of nine members (article 27.2).
o Decisions of the Security Council on all other matters shall be made by
an
the affirmative
permanent vote of nine provided
members; members that,
including
in the concurring
decisions under votes of
Chapter
VI, and from
abstain under paragraph
voting (article327.3)
of Article 52, a party to a dispute shall
• Reform of the Security Council: Veto of the Permanent Members of the
Security Council.

International Court of Justice (ICJ)

• https://www.un.org/en/sections/un-charter/chapter-xiv/index.html
• Peace Palace The Hague (Netherlands). https://www.icj-cij.org/en/court
4.- UN STRUCTURE
• Composition: 15 judges for a period of 9 years, that might be re-elected by the General Assembly prior recommendation
of the Security Council.

• Functions: To settle in accordance with International Law legal disputes submitted to it by MS + Advisory Opinion on legal
Qs referred to it by authorized UN organs and specialized agencies

 Economic and Social Council (ECOSOC)

• https://www.un.org/en/sections/un-charter/chapter-x/index.html

• Composition: 54 Members he Economic and Social Council shall consist of fifty-four Members of the United Nations
elected by the General Assembly. Subject to the provisions of paragraph 3, eighteen members of the Economic and Social
Council shall be elected each year for a term of three years. A retiring member shall be eligible for immediate re-election.

Subsidiary organs. Others.

• Article 7.2 UN Charter: Such subsidiary organs as may be found necessary may be established in accordance with the
present Charter. Subsidiary organs may be created by Security Council, by the General Assembly or by the ECOSOC .
4.- UN STRUCTURE
By the Security Council

• Article 29 UN Charter: the Security Council may establish subsidiary bodies as needed for the performance
of its functions.

• The International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal
for Rwanda (ICTR)

By the General Assembly

• https://www.un.org/en/ga/about/subsidiary/index.shtml

Specialized Agencies
• They report annually to ECOSOC and often cooperate with each other and with various UN organs. they also
have their own principles, goals, and rules, which at times may conflict with those of other UN organs and
agencies.
4.- UN STRUCTURE
The specialized agencies are autonomous insofar as they control their own budgets and have their own boards of
directors, who appoint agency heads independently of the General Assembly or secretary-general.

Major specialized agencies and related organs of the UN include the

 International Labour Organization (ILO)

 the Food Agriculture Organization of the United Nations (FAO),
 The United Nations Educational, Scientific and Cultural Organization (UNESCO),
 And the World Health Organization (WHO).
 Two of the most powerful specialized agencies, which also are the most independent with respect to UN
decision making, are the World Bank and the International Monetary Fund (IMF). The United Nations,
along with its specialized agencies, is often referred to collectively as the United Nations system.
5.- MAIN ACHIEVEMENTS OF THE UN (and FAILURES)
ACHIEVEMENTS
https://www.un.org/en/chronicle/article/first-70-years-united-nations-achievements-and-challenges

FAILURES
 The 1994 Rwanda Mission: During this undertaking, the U.N. tried to stop the Rwandan
genocide, but the Hutus slaughtered nearly a million members of the Tutsi minority.

 Cholera in Haiti: After the 2010 earthquake, U.N.-led Nepali aid workers were blamed for
spreading cholera throughout Haiti. More than 10,000 people died from the outbreak.

 Oil for Food Program: This initiative was designed to allow Iraq to sell oil through the U.N.
in exchange for food and medicine. But, accusations surfaced that much of the money was
funneled to the Iraqi government and to U.N. officials.
5.- MAIN ACHIEVEMENTS OF THE UN (and FAILURES)
 Sexual abuse allegations: In early 2005, U.N. peacekeepers were accused of
rape or paying for sex in the Republic of Congo. Similar allegations of sexual
misconduct were also reported in Cambodia, Haiti and other countries.

 Crisis in South Sudan: A U.N. peacekeeping mission, which was established

in 2011, was unsuccessful at protecting civilians from death, torture or rape
in South Sudan.

While every organization has its flaws and shortcomings, the majority of
international leaders and experts agree that the U.N. continues to play a critical
role in securing peace, stability and prosperity throughout the world
6.- THE REFORM OF THE UN
• Main pillar of Antonio Guterres since he came to the Secretary General

https://reform.un.org/news/un-secretary-general-antónio-guterres-un-reform
 THANK YOU !
Look forward to meeting you next week !