THE UNITED NATIONS AND ITS

ORGANS
Reference: http://www.un.org/aboutun/unhistory/
http://www.un.org/Depts/dpko/dpko/co_mission/unef1mandate.html
Bowett’s Law of International Institutions, Fifth Edition
International Institutional Law, Schermers and Blokker
 Learning
outcomes
• You should be able to understand the
composition, functions and powers of the
organs of the United Nations (UN)
• You should be able to ascertain the strengths
and weaknesses of the organs of the UN
especially the General Assembly and the
Security Council
• You should be able to discuss the potential
reform of the UN system
 Introductio
n
The Blind Men and the Elephant
It was six men of Indostan, to learning much inclined
Who sent to “see” the elephant, though all of them
were blind.
The first approached the elephant and happening to fall
Against his broad and sturdy side at once began to
bawl,
“This wonder of an elephant is very like a wall.”
Another argues that the the elephant is clear like a
spear, while another “boldly up and spake” that is
actually more like a snake.
 From the League of Nations to the
United Nations
• The forerunner of the United Nations was the League
of Nations
– an organization conceived during the First World
War, established in 1919 under the Treaty of
Versailles
– to promote international cooperation and to
achieve peace and security
• ‘a failure of the nations of the League of more so
than a failure of the League of Nations’
• In 1945, representatives of 50 countries met in San
Francisco at the United Nations Conference on
International Organization to draw up the United
Nations Charter The Charter was signed on 26 June
1945 by the representatives of the 50 countries
• The United Nations officially came into existence on
24 October 1945, when the Charter had been ratified
by China, France, the Soviet Union, the United
Kingdom, the United States and a majority of other
signatories
• The Charter is a multilateral treaty establishing the
rights and duties of the signatory states
• The UN is an international organisation
– Membership consists of states;
established by treaty (legally binding
agreement)
– Powers: Principle of specialty, principle of implied
powers and principle of subsequent practice
• The UN Charter is the basic constitutional document
of the organisation:
– Contains 19 chapters
• Chapter one: Aims and principles
• Chapter two: Memberships
• Chapter three: Principles organs
• Chapter six: Peaceful settlement of disputes
• Chapterseven: Breach of international
• Article 1
– to maintain international peace and security, to
develop friendly relations among nations,
international cooperation in solving economic,
cultural and humanitarian problem
• Article 2(6)
– The Charter cannot bind non-members, however
the organisation shall ensure that States which are
not members act in accordance with these
principles so far as necessary for the maintenance
of international peace and security
• Article 2(7)
– no competence in matters within the domestic
jurisdiction of a state except enforcement
 Principal
Organs
• The principal organs of the UN established to
give effect to its purposes are:
a) The General Assembly
b) The Security Council
c) The Economic and Social Council
d) The Trusteeship Council (end in 1994)
e) The International Court of Justice
f) The Secretariat & Secretary General
THE GENERAL
ASSEMBLY
(GA)
• The GA is the plenary organ of the UN consisting
of all the 193 member states, each with one vote
• Membership depends on the fulfillment of the
requirement under Article 4 :-
a) open to all other peace loving states which
accept the obligations contained in the charter
b) admission is effected by the decision of the GA
upon the recommendation of the Security
Council
• Rule 134-137 of the Rules of the Procedure of GA
COMPETENCE OF THE GENERAL ASSEMBLY FOR THE ADMISSION
OF A STATE TO THE UNITED NATIONS
Can the admission of a State to membership in the United
Nations, pursuant to Article 4, paragraph 2, of the Charter, be
effected by a 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?
The conclusions to which the Court was led by its
examination of paragraph 2 of Article 4 were confirmed by the
structure of the Charter, and particularly by the relations
established between the General Assembly and the Security
Council. Both these bodies were principal organs of the United
Nations, and the Council was not in a subordinate position.
Moreover, the organs to which Article 4 entrusted the judgment
of the Organization in matters of admission had consistently
recognised that admission could only be granted on the basis of
a recommendation by the Council.
If the Assembly had power to admit a State in the
absence of a recommendation by the Council, the
latter would be deprived of an important role in the
exercise of one of the essential functions of the
Organisation. Nor would it be possible to admit that
the absence of a recommendation was equivalent to
an "unfavorable recommendation" upon which the
General Assembly could base a decision to admit a
State.
 Functions and powers
• Deliberative organ which proceeds via
recommendation rather than binding decision
• Although as a general rule its resolutions can have no
legally binding effect on the members, there are
some circumstances a recommendations may create
direct legal obligations
– Example, budget contribution
• Can embody a consensus opinion about what the law
is, indirectly become evidence of international law
– Example, repeated affirmations of the right of self
determination
• East Timor Case
• Voting (Article 18 of the UNC )
• Important questions require 2/3 majority
• Other questions require simple majority
• The powers of the GA are stated in Chapter IV
– Article 10 of the UNC provides that GA may
discuss any questions or matter within the
scope of the Charter or relating the power
and functions of any organs (limited with
regard to SC and ICJ)
– Chapter IX, X and XII provides the GA with a
general power of supervision over
arrangements made by with
ECOSOC specialised agencies
• Initiates studies and makes 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;
• Makes recommendations for the peaceful
settlement of any situation that might impair
friendly relations among nations;
• Receives and considers reports from the
Security Council and other UN organs;
• Considers and approves the United Nations
budget and establish the financial
assessments of member States;
• Elects 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 Secretary-General;
• Formulate treaties open for accession by
members such as the Covenants on Economic,
Social and Cultural Rights and on Civil and
Political Rights
 The role of the GA in maintaining international peace
and security
• GA may discuss any question relating to international
peace and security
• GA may make recommendations except where the
dispute or situation is currently being discussed by
the Security Council:
– Article 11(1)-to consider the general
principles of co-operation in the maintenance of
international peace and security
– Article 11(2)-to discuss any questions relating to
the maintenance of international peace and
security
– Article 14-recommendations with regard to the
peaceful adjustment of any situation
• May overlaps with the power of the SC
– concurrent jurisdiction may exist
– conflict is avoided by Article 11(2) which
provides that ‘any such question on which
action is necessary shall be referred to the
SC by GA before or after discussion’
– article 12(1) provides that GA may not make
recommendations with regard to a dispute
or situation in respect of which the SC is
exercising the functions
• Normally, when SC wishes GA to deal with the
matter it would removes the item from its
agenda
– Rule 49 of the Rules of Procedure of the GA
• GA places matter on its agenda on the ground
that:
– SC had ceased to; or
– was unable to exercise the function
assigned to it
• Uniting for Peace" resolution of
November 1950 (resolution 377 (V)
• Pursuant to its "Uniting for Peace" resolution
of November 1950 (resolution 377 (V)), 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
• The capacity of GA to establish a UN Force:
Certain Expenses of the United Nations
‘SC had primary and not exclusive authority,
and that whilst the taking of the enforcement
action was the exclusive prerogative of the
Council under Chapter VII, this did not prevent
the Assembly from making recommendations
under Article 10 and 14. Limitation in Article
11(2) does not apply since the UNEF action
was not enforcement action but rather
recommended measures under Article 14.’
LEGAL CONSEQUENCES OF THE CONSTRUCTION OF A WALL IN
THE OCCUPIED PALESTINIAN TERRITORY
However, this interpretation of Article 12 has evolved
subsequently. Thus the General Assembly deemed itself entitled
in 1961 to adopt recommendations in the matter of the Congo
(resolutions 1955 (XV) and 1600 (XVI)) and in 1963 in respect of
the Portuguese colonies (resolution 1913 (XVIII)) while those
cases still appeared on the Council's agenda, without the Council
having adopted any recent resolution concerning them.
Indeed, the Court notes that there has been an
increasing tendency over time for the General
Assembly and the Security Council to deal in parallel
with the same matter concerning the maintenance of
international peace and security (see, for example, the
matters involving Cyprus, South Africa, Angola,
Southern Rhodesia and more recently Bosnia and
Herzegovina…)
…while the Security Council has tended to focus on the
aspects of such matters related to international peace
and security, the General Assembly has taken a broader
view, considering also their humanitarian, social and
economic aspect
•
Main Committees
First Committee (Disarmament and International Security
Committee) is concerned with disarmament and related
international security questions;
• Second Committee (Economic and Financial Committee) is
concerned with economic questions;
• Third Committee (Social, Humanitarian and Cultural
Committee) deals with social and humanitarian issues;
• Fourth Committee (Special Political and Decolonization
Committee) deals with a variety of political subjects not dealt
with by the First Committee, as well as with decolonization;
• Fifth Committee (Administrative and Budgetary Committee)
deals with the administration and budget of the United
Nations; and
• Sixth Committee (Legal Committee) deals with international
legal matters.
 UNEF I
• The first Untied Nations peacekeeping force – was
established by the first emergency special session of
the General Assembly which was held from 1 to 10
November 1956.
• The mandate of the Force was to secure and
supervise the cessation of hostilities, including the
withdrawal of the armed forces of France, Israel and
the United Kingdom from Egyptian territory and,
after the withdrawal, to serve as a buffer between
the Egyptian and Israeli forces and to provide
impartial supervision of the ceasefire.
• UNEF was withdrawn in May-June 1967, at Egypt's
request.
• GA has power under Art 22 to establish
subsidiary organs
• Subsidiary organs among others:
a) UN Disarmament Commission
b) International Law Commission
c) UN Administrative Tribunal
d)Advisory Committee on the UN Programme
of Assistance in Teaching, Study,
Dissemination and Wider Appreciation of
International Law
THE SECURITY COUNCIL
• The Council has
responsibility,
Security under the primary Charter,
maintenance of internationalforpeace
the
and security
• The Council is composed of five
permanent members:
– China
– France
– Russian Federation
– the United Kingdom
– the United States; and
• Ten non-permanent members, elected by the General
Assembly for two-year terms and not eligible for immediate
re-election.
– The number of non-permanent members was increased
from six to ten by an amendment of the Charter which
came into force in 1965 (Article 23).
• The Council acts as an agent of all members.
– Article 25 provides that members of the UN agree to
accept and carry out the decisions of SC
• Each Council member has one vote.
– Decisions on procedural matters are made by an
affirmative vote of at least nine of the 15
members.
– Decisions on substantive matters require nine
votes, including the concurring votes of all five
•permanent members.
This is the rule of "great unanimity",
often referred to "veto" power.
Powe
r as
the
• Thus, it is necessary to distinguish between
procedural and non-procedural question
• GA adopted resolution in 1949 giving its opinion on
which questions should be considered as procedural:
a) The submission to the General Assembly of any
question relating to the maintenance of peace
b) A request to the Secretary-General for the
convocation of a special session of the General
Assembly
c) The approval of credentials
d) The establishment of subsidiary organs
e) Decisions on the rules of procedure
f) Questions concerning the agenda
g) Invitations to states to participate in SC debates
 VETO
• In some cases where decisions are taken by
majority vote, the majority must include some
specified member states
• Art 27 (3) provides for the right of veto to
the SC.
• It can adopt no important decision that is
opposed by one of the five Principal Powers of
1945.
• Only procedural questions cannot be subject
to a veto
• Has been used to block actions against allies
Functions and powers of the Security Council
(Art 24-26)
• to maintain international peace and security in
accordance with the principles and purposes of the
United Nations;
• to investigate any dispute or situation which might
lead to international friction;
• to recommend methods of adjusting such disputes
or the terms of settlement;
• to formulate plans for the establishment of a system
to regulate armaments;
• to determine the existence of a threat to the peace
or act of aggression and to recommend what action
should be taken;
• to call on Members to apply economic sanctions and
other measures not involving the use of force to
prevent or stop aggression;
• to take military action against an aggressor;
• to recommend the admission of new Members;
• to exercise the trusteeship functions of the United
Nations in "strategic areas";
• to recommend to the General Assembly the
appointment of the Secretary General and, together
with the Assembly, to elect the Judges of the
International Court of Justice.
 Maintenance of International
peace and security
• To be exercised by two means:
a) Pacific settlement of international disputes
b) The taking of the enforcement action
 Pacific settlement of
dispute
• Article 33 provides for the methods of pacific
settlement of dispute (likely to endanger
international peace and security) :
– negotiation, enquiry, mediation, conciliation,
arbitration, judicial settlement, resort to regional
agencies or arrangements
• Disputes can be submitted by:
– GA (Art 11 and 12)
– SG (Art 99)
– Member states (Art 35(1))
– Non-member states (Art 35(2))
• The Council decides by majority of nine whether to
place the matter on its agenda
• Once seised, the Council is bound to invite the
parties to participate in the discussion (Article 32)
• SC may undertake its own investigation (Article
34).
• SC may exercises three options:
– Call parties to utilise means under Article 33(2)
– Recommend a particular means of settlement
(Article 36(1))
• Refer dispute to existing Organ (the ICJ or
GA)
– Recommend the actual terms of settlement
 Enforcement
action
• SC has the power to determine whether there
has been a threat to the peace, breach of the
peace or act of aggression under Article 39
• Decision of the SC is binding on members
states as provided under Article 25
• Enforcement action available:-
I. Art 41 (not involving the use of armed
forces)
II. Art 42 (involving action by air, sea or land
armed forces)
 The general lay out of
chapter
• Article 39
–Definition of the situation
• Breach of the peace
–Resolution 3314 (1974)
• Threat to the peace
• Internal humanitarian crisis
 Definition of Aggression, United Nations
General Assembly Resolution 3314 (XXIX)
Recalling that the Security Council, in
accordance with Article 39 of the Charter of the
United Nations, shall determine the existence of
any threat to the peace, breach of the peace or
act of aggression and shall make
recommendations, or decide what measures
shall be taken in accordance with Articles 41 and
42, to maintain or restore international peace
and security
• Aggression is the use of armed force by a State
against the sovereignty, territorial integrity or
political independence of another State, or in any
other manner inconsistent with the Charter of the
United Nations, as set out in this Definition.
• The First use of armed force by a State in
contravention of the Charter shall constitute prima
facie evidence of an act of aggression although the
Security Council may, in conformity with the Charter,
conclude that a determination that an act of
aggression has been committed would not be
justified in the light of other relevant circumstances,
including the fact that the acts concerned or their
consequences are not of sufficient gravity.
• The invasion or attack by the armed forces of a State
of the territory of another State, or any military
occupation, however temporary, resulting from such
invasion or attack, or any annexation by the use of
force of the territory of another State or part thereof,
• Bombardment by the armed forces of a State against
the territory of another State or the use of any
weapons by a State against the territory of another
State
• The sending by or on behalf of a State of armed
bands, groups, irregulars or mercenaries, which carry
out acts of armed force against another State of such
gravity as to amount to the acts listed above, or its
substantial involvement therein
• SC exercised its power under chapter VII in Congo
(1960).
– It provided military assistance to the government
of Congo.
• Rhodesian affairs (1966)
• Arms embargo against South Africa (1977)
• Iraq’s invasion of Kuwait
• Arms embargo against Yugoslavia-1991
• Somalia-1992
• Haiti-1993
• East Timor-1999
• Humanitarian crisis in South Sudan
– UNSC adopted Resolution 1556
• Article 40 – provisional measures
• Article 41 or 42 – coercive
measures
• Article 43 - 47 – the
establishment of the UN army
–The system of substitution
 Subsidiary
bodies
• UN Security Sanctions
Council Committees
• Two International Criminal Tribunals
(for the former Yugoslavia and
Rwanda)
• Commission charged with addressing
particular matters
 UN Security Council Sanctions
Committees
• The use of mandatory sanctions is intended to apply
pressure on a State or entity to comply with the
objectives set by the Security Council without
resorting to the use of force.
• Sanctions thus offer the Security Council an
important instrument to enforce its decisions.
• The universal character of the United Nations makes
it an especially appropriate body to establish and
monitor such measures.
• The range of sanctions has included comprehensive
economic and trade sanctions and/or more targeted
measures such as arms embargoes, travel bans,
financial or diplomatic restrictions.
 Question of the Security
Council Reform
• To increase the number of state seats
–To increase the number of non
permanent members
–To increase the number of
permanent members
• To limit the veto power
–Veto cannot be exercised with
respect to grave violations of human
 Tutoria
l
Explain the functions and jurisdiction of the
following institutions:
1. The Economic and Social Council
2. The Secretariat
3. Specialised Agencies
A. Food and Agriculture Organisation
B. International Civil Aviation Organisation
C. International Monetary Fund
D. World Health Organisation
(15 marks)