The

UNITED NATIONS
ORGANIZATION
HERSON S. VALMORES
Assistant Professor, SMU-LAW
The LEAGUE OF NATIONS
• The LEAGUE OF NATIONS was the first permanent
international organization whose principal mission was to
maintain world peace

• The Covenant of the League of Nation was signed by 44 states

including 31 states which have taken part in the war on the
side of the Triple Entente (Britain, France and Russia). The
United States, however, did not ratify the agreement. In 1935,
its membership rose to 58

• While the first meeting was held in Paris, the headquarters

eventually moved to Geneva
The LEAGUE OF NATIONS
• The primary goal of the League as stated in the Covenant,
included preventing war through collective security and
disarmament, and settling international disputes through
negotiation and arbitration.

• The failure of the League to prevent the recurrence of a world

war was primarily due to the fact that it lacked its own armed
force and depended on the Great Powers.
The UNITED NATIONS ORGANIZATION
• It is presently composed of 193 members, the latest to be
admitted (2011) was South Sudan. It holds office in
Manhattan, New York, USA

• It officially came into existence on 24 October 1945 upon

ratification of its Charter by the five permanent members of
the Security Council and by a majority of the other 46
signatories.

• PRINCIPAL ORGANS: (1) the General Assembly, (2) the Security

Council, (3) the Economic and Social Council, (4) the
Secretariat, (5) the International Court of Justice, and (6) the
United Nations Trusteeship Council
The SECURITY COUNCIL
• The Security Council has primary responsibility, under the
Charter, for the maintenance of international peace and
security.

• The Council is composed of five permanent members — France,

Russian Federation, the United Kingdom, the United States, and
the People’s Republic of China — and ten non-permanent
members (NPM). The NPM are elected by the General
Assembly for two-year terms and not eligible for immediate re-
election.

• The Presidency of the Council rotates monthly, according to the

English alphabetical listing of its member States. Each President
holds office for one calendar month.
The SECURITY COUNCIL
• 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 Power unanimity", often
referred to as the "veto" power/double veto

• Under the Charter, all Members of the United Nations agree to

accept and carry out the decisions of the Security Council.
While other organs of the United Nations make
recommendations to Governments, the Council alone has the
power to take decisions which Member States are obligated
under the Charter to carry out.
The SECURITY COUNCIL
• Since the Security Council has primary responsibility for the
maintenance of international peace and security, its primary duty
consists in the enforcement of Section 2 (4) of the UN Charter
which prohibits threat or use of force against the territorial
integrity or political independence of any state, subject to the
following exceptions
1. The use of force in the exercise of the inherent right of individual or
collective self-defense (Article 51)
2. Enforcement measures by the Security Council involving “action by
air, sea or land forces as may be necessary to maintain or restore
international peace and security (Article 42)
3. Enforcement action by regional arrangement or agency as
authorized by the Security Council (Articles 52 and 53)

• The Military Staff Committee

The GENERAL ASSEMBLY
• The main deliberative, policymaking and representative organ
of the United Nations. It provides a unique forum for
multilateral discussion of the full spectrum of international
issues covered by the Charter.

• Each Member State in the Assembly has one vote

• The General Assembly has the power to consider and approve

the budget of the Organization. The expenses of the
Organization shall be borne by the Members as apportioned
by the General Assembly
The GENERAL ASSEMBLY
• VOTE ON IMPORTANT QUESTIONS – 2/3 majority of the
members present and voting
1. Recommendations with respect to the maintenance of
international peace and security
2. Election of non-permanent members of the SC
3. Election of members of ECOSOC and Trusteeship Council, as well
as questions relating to the operation of the trusteeship system
4. Admission of new members
5. Suspension of rights and privileges of membership
6. Expulsion of members
7. Budgetary questions

• VOTES ON OTHER QUESTIONS – majority of the members

present and voting
The ECONOMIC & SOCIAL COUNCIL
• The Economic and Social Council (ECOSOC) assists the General
Assembly in promoting international economic and social cooperation
and development.
• ECOSOC has 54 members, all of which are elected by the General
Assembly for a three-year term. The president is elected for a one-
year term and chosen amongst the small or middle powers
represented on ECOSOC.
• ECOSOC meets once a year in July for a four-week session. Since 1998,
it has held another meeting each April with finance ministers heading
key committees of the World Bank and International Monetary Fund.
• ECOSOC's functions include information gathering, advising member
nations, and making recommendations. In addition, ECOSOC is well-
positioned to provide policy coherence and coordinate the
overlapping functions of the UN’s subsidiary bodies and it is in these
roles that it is most active.
The ECONOMIC & SOCIAL COUNCIL

SUBSIDIARY BODIES OF ECOSOC

• Statistical Commission
• Commission on Population and Development
• Commission for Social Development
• Commission on the Status of Women
• Commission on Narcotic Drugs
• Commission on Crime Prevention and Criminal Justice
• Commission on Science and Technology for Development
• United Nations Forum on Forests
The SECRETARIAT
• The United Nations Secretariat is headed by the Secretary-General, assisted by a
staff of international civil servants worldwide. It provides studies, information,
and facilities needed by United Nations bodies for their meetings. It also carries
out tasks as directed by the UN Security Council, the UN General Assembly, the
UN Economic and Social Council, and other UN bodies. The United Nations
Charter provides that the staff be chosen by application of the "highest
standards of efficiency, competence, and integrity," with due regard for the
importance of recruiting on a wide geographical basis.

• The Charter provides that the staff shall not seek or receive instructions from
any authority other than the UN. Each UN member country is enjoined to
respect the international character of the Secretariat and not seek to influence
its staff. The Secretary-General alone is responsible for staff selection.

• The Secretary-General's duties include helping resolve international disputes,

administering peacekeeping operations, organizing international conferences,
gathering information on the implementation of Security Council decisions, and
consulting with member governments regarding various initiatives.
The SECRETARIAT
• The Secretary-General acts as the de facto spokesperson and
leader of the UN. Envisioned by Franklin Roosevelt as a "world
moderator", the position has evolved into a dual role of an
administrator of the UN organization, and a diplomat and mediator
addressing disputes between member-states and finding
consensus to global issues.

• The Secretary-General is appointed by the General Assembly, after

being recommended by the Security Council. There are no specific
criteria for the post, but over the years, it has become accepted
that the post shall be held for one or two terms of five years, that
the post shall be appointed on the basis of geographical rotation,
and that the Secretary-General shall not originate from one of the
five permanent Security Council member states.
The UN TRUSTEESHIP COUNCIL
• In setting up an International Trusteeship System, the Charter established the
Trusteeship Council as one of the main organs of the United Nations and assigned to
it the task of supervising the administration of Trust Territories placed under the
Trusteeship System. Major goals of the System were to promote the advancement of
the inhabitants of Trust Territories and their progressive development towards self-
government or independence

• Those which were placed under the Council were

• Pacific Islands (Micronesia, Marshall Islands, Palau and Marianas Islands) - US
• Togoland (under Great Britain) eventually became Ghana (1957)
• Togoland (under France) became Togo (1960)
• Somaliland (Italy) present Somalia (1960)
• Cameroon (France) became Cameroon (1960)
• Tanganyika (under Great Britain) became Tanzania in 1963
• Ruanda-Urundi (under Belgium) became Rwanda and Burundi in 1962
• Western Samoa (New Zealand) became Samoa in 1962
• Nauru (Australia on behalf of Australia, New Zealand and UK, became independent in
1968
• New Guinea (under Australia) became Papua New Guinea in 1975
The UN TRUSTEESHIP COUNCIL
• The Trusteeship Council is made up of the five permanent members of
the Security Council. Under the Charter, the Trusteeship Council is
authorized to examine and discuss reports from the Administering
Authority on the political, economic, social and educational
advancement of the peoples of Trust Territories and, in consultation
with the Administering Authority, to examine petitions from and
undertake periodic and other special missions to Trust Territories.

• The Trusteeship Council suspended operation on 1 November 1994,

with the independence of Palau, the last remaining United Nations trust
territory, on 1 October 1994.

• The aims of the Trusteeship System have been fulfilled to such an extent
that all Trust Territories have attained self-government or
independence, either as separate States or by joining neighbouring
independent countries.
The INTERNATIONAL COURT OF
JUSTICE
• The Court seats in the Peace Palace in The Hague (Netherlands)
since 1946 which was also occupied by its predecessor, the
Permanent Court of International Justice.

• The Court has a dual jurisdiction: jurisdiction in contentious cases,

and advisory jurisdiction.

• In the exercise of its jurisdiction in contentious cases, the

International Court of Justice has to decide, in accordance with
international law, disputes of a legal nature that are submitted to it
by States. An international legal dispute can be defined as a
disagreement on a question of law or fact, a conflict, a clash of legal
views or of interests. Only States which recognizes the jurisdiction
of the Court may apply to and appear before the International
Court of Justice.
The INTERNATIONAL COURT OF
JUSTICE
• The Court may also render advisory opinions on legal questions at the request
of the organs of the United Nations or specialized agencies authorized to make
such a request (advisory jurisdiction). Although without binding effect, the
advisory opinions of the Court nevertheless carry great legal weight and moral
authority.

• Its structure and operation are provided for by the Statute of the International
Court of Justice. All members of the United Nations are ipso facto parties to the
Statute. A state which is not a member of the United Nations may become a
party to the Statute on conditions to be determined in each case by the
General Assembly upon the recommendation of the Security Council

• Each member of the UN shall undertake to comply with the decision of the ICJ
in any case to which it is a party. If any party to a case fails to perform the
obligation incumbent upon it under a judgment rendered by the Court, the
other party may have recourse to the Security Council which may either make
recommendations or decide upon measures to be taken to give effect to the
judgment
The INTERNATIONAL COURT OF JUSTICE:
ELECTION OF JUDGES
1. The Court is composed of 15 members, no two of whom shall be
nationals of the same country, who shall serve a nine-year term
2. At least three months before the date of the election, the Secretary-
General should address a written request to the Permanent Court of
Arbitration for the nomination of candidates.
3. The Secretary-General shall prepare a list in alphabetical order of all
the persons thus nominated, which shall be submitted to the General
Assembly and the Security Council. The General Assembly and the
Security Council shall proceed independently of one another to elect
the members of the Court
4. Those candidates who obtain an absolute majority of votes in the
General Assembly and in the Security Council shall be considered
elected. In the event of more than one national of the same state
obtaining an absolute majority of the votes both of the General
Assembly and of the Security Council, the eldest of these only shall be
considered as elected
The INTERNATIONAL COURT OF JUSTICE:
ELECTION OF JUDGES
5. If after the first meeting held for the purpose of the election,
one or more seats remain to be filled, a second and, if necessary,
a third meeting shall take place. If after the third meeting, one
or more seats still remain unfilled, a joint conference consisting
of six members (three appointed by the General Assembly and
three appointed by the Security Council) shall be formed for the
purpose of voting by the vote of an absolute majority one name
for each seat still vacant. If the joint conference has agreed
unanimously on a candidate, the choice shall be included in the
list. If the unanimous vote cannot be obtained, the elected
members of the ICJ shall proceed to fill the vacant seat/s by
selection from among those candidates who have obtained
votes either in the General Assembly or in the Security Council.
In the event of an equality of votes among the judges, the eldest
judge shall have the casting vote.
IMPORTANT RULES UNDER
THE ICJ STATUTE
1. Qualifications of an ICJ judge: (a) must be of high moral
character, (b) possesses the qualification required in their
respective countries for appointment to the highest judicial
offices, and (c) must be juris-consults of recognized
competence in international law.
2. In order to guarantee his or her independence, no Member
of the Court can be dismissed unless, in the unanimous
opinion of the other Members, he/she no longer fulfils the
required conditions.
3. A Member of the Court, when engaged on the business of
the Court, enjoys privileges and immunities comparable
with those of the head of a diplomatic mission. In
The Hague, the President takes precedence over the doyen
of the diplomatic corps
IMPORTANT RULES UNDER
THE ICJ STATUTE
4. Although the Court is deemed to be permanently in session, only its
President is obliged to reside in The Hague.
5. No Member of the Court may engage in any other occupation during
his/her term. He/she is not allowed to exercise any political or
administrative function, nor to act as agent, counsel or advocate in any
case.
6. A quorum of nine judges shall suffice to constitute the Court. All
questions shall be decided by a majority of the judges present. In the
event of an equality of votes, the President shall have a casting vote
7. The Court may also create chambers, composed of three or more judges,
for dealing for particular categories of cases. The number of judges shall
be fixed by the Court subject to approval of the parties.
8. The expenses of the Court shall be borne by the United Nations in such a
manner as shall be decided by the General Assembly. When a state
which is not a member of the UN is a party to a case, the Court shall fix
the amount which that party is to contribute towards the expenses of the
Court
IMPORTANT RULES UNDER
THE ICJ STATUTE
9. The official languages of the court are English and French. The
Court however, at the request of any party, shall authorize a
language other than French or English to be used by that party.
10. The decision of the Court has no binding force except between
the parties and in respect of that particular case (Article 59).
The judgment is final and without appeal. In the event of
dispute as to the meaning or scope of the judgment, the Court
shall construe it upon the request of any party. An application
for revision of judgment (on the ground akin to newly
discovered evidence) may be filed within six months from the
discovery of the new fact.
11. Every state so notified has the right to intervene in the
proceedings; but if it uses this right, the construction given by
the judgment will be equally binding upon it
IMPORTANT RULES UNDER
THE ICJ STATUTE
12. All UN members shall compulsorily ipso facto recognize the
jurisdiction of the Court in all legal disputes concerning
• The interpretation of a treaty
• Any question of international law
• The existence of fact which, if established, would constitute a breach
of an international obligation
• The nature and extent of the reparation to be made for the breach of
an international obligation
The UN CHARTER
 MEMBERSHIP (Article 4)
 Membership is open to all peace-loving states which accept the obligations contained in
the Charter and, in the judgment of UN, are able and willing to carry out this obligations.
 Admission shall be effected by a decision of the General Assembly upon the
recommendation of the Security Council
 The GA and SC may expel a member on the ground of persistent violation of the
principles embodied in the UN Charter (Article 6)
 Suspension: (1) when a state is subject of enforcement measures under Article 5, and (2)
no right to vote for non-payment of financial obligation if the arrears equal to or exceeds
the contributions due for the preceding two years. The GA may permit it to vote when it
is shown that its incapacity to pay is due to conditions beyond the control of the Member

 AMENDMENT OF THE UN CHARTER. Amendments to the UN Charter shall come

into force for all members when
 They have been adopted by a vote of two-thirds of the members of the General
Assembly including all the permanent members of the Security Council
 Must have been ratified in accordance with the respective constitutional processes of
the members voting for its ratification
The UN CHARTER
SUPREMACY CLAUSE (Article 103). “In the event of conflict
between the obligations of the members of the United
Nations under the present Charter and their obligations under
any other international agreement, their obligation under the
present Charter shall prevail.”