The United Nations
Dr Khalil Hussein
Professor at faculty of law at Lebanese university
Director of studies at Lebanese Parliament
The name "United Nations", coined by United States President Franklin Roosevelt, was first used in the "Declaration by United Nations" of 1 January 1942, during the Second World War, when representatives of 26 nations pledged their Governments to continue fighting together against the Axis Powers.
States first established international organizations to cooperate on specific matters. The International Telecommunication Union was founded in 1865 as the International Telegraph Union, and the Universal Postal Union was established in 1874. Both are now United Nations specialized agencies.
In 1899, the International Peace Conference was held in The Hague to elaborate instruments for settling crises peacefully, preventing wars and codifying rules of warfare. It adopted the Convention for the Pacific Settlement of International Disputes and established the Permanent Court of Arbitration, which began work in 1902.
The forerunner of the United Nations was the League of Nations, an organization conceived in similar circumstances during the first World War, and established in 1919 under the Treaty of Versailles "to promote international cooperation and to achieve peace and security." The International Labour Organization was also created under the Treaty of Versailles as an affiliated agency of the League. The League of Nations ceased its activities after failing to prevent the Second World War.
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. Those delegates deliberated on the basis of proposals worked out by the representatives of China, the Soviet Union, the United Kingdom and the United States at Dumbarton Oaks, United States in August-October 1944. The Charter was signed on 26 June 1945 by the representatives of the 50 countries. Poland, which was not represented at the Conference, signed it later and became one of the original 51 Member States.
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 by a majority of other signatories. United Nations Day is celebrated on 24 October each year.
The United Nations was established on 24 October 1945 by 51 countries committed to preserving peace through international cooperation and collective security. Today (2005) nearly every nation in the world belongs to the UN: membership totals 191 countries.
When States become Members of the United Nations, they agree to accept the obligations of the UN Charter, an international treaty that sets out basic principles of international relations. According to the Charter, the UN has four purposes: to maintain international peace and security; to develop friendly relations among nations; to cooperate in solving international problems and in promoting respect for human rights; and to be a centre for harmonizing the actions of nations.
The United Nations is not a world government and it does not make laws. It does, however, provide the means to help resolve international conflicts and formulate policies on matters affecting all of us. At the UN, all the Member States — large and small, rich and poor, with differing political views and social systems — have a voice and a vote in this process.
The main organs
The United Nations has six main organs. Five of them — the General Assembly, the Security Council, the Economic and Social Council, the Trusteeship Council and the Secretariat — are based at UN Headquarters in New York. The sixth, the International Court of Justice, is located at The Hague in the Netherlands.
The General Assembly
The General Assembly Is the main deliberative organ of the United Nations. It is composed of representatives of all member states, each of which has one vote. Decisions on important questions, such as those on peace and security, admission of new members and budgetary matters, require a two-thirds majority. Decisions on other questions are by simple majority.
Functions and power
Under the Charter, the functions and powers of the General Assembly include:
- to consider and make recommendations on the principles of cooperation in the maintenance of international peace and security, including the principles governing disarmament and arms regulation.
- to discuss any question relating to international peace and security and, except where a dispute or situation is being discussed by the Security Council, to make recommendations on it
- to discuss and, with the same exception, make recommendations on any question within the scope of the Charter or affecting the powers and functions of any organ of the United Nations.
- to 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 for all, and international collaboration in economic, social, cultural, educational and health fields.
- to make recommendations for the peaceful settlement of any situation, regardless of origin, which might impair friendly relations among nations.
- to receive and consider reports from the Security Council and other United Nations organs.
- to consider and approve the United Nations budget and to apportion the contributions among members.
- to elect the non-permanent members of the Security Council, the members of the Economic and Social Council and additional members of the Trusteeship Council (when necessary); to elect jointly with the Security Council the Judges of the International Court of Justice; and, on the recommendation of the Security Council, to appoint the Secretary-General.
Sessions The General Assembly's regular session usually begins each year in September. Beginning with its fifty-eighth regular session (2003-2004), the Assembly opens on Tuesday of the third week in September, counting from the first week that contains at least one working day. The election of the President of the Assembly, as welll as its 21 Vice-Presidents and the Chairs persons of the Assembly's six main committees, take place at least three months before the start of the regular session. To ensure equitable geographical representation, the presidency of the Assembly rotates each year among five groups of states: African, Asian, Eastern European, Latin American and Western European and other states.
In addition, the Assembly may meet in special sessions at the request of the Security Council, of a majority of member states, or of one member if the majority of members concur. Emergency special sessions may be called within 24 hours of a request by the Security Council on the vote of any nine Council members, or by a majority of the United Nations members, or by one member if the majority of members concur.
At the beginning of each regular session, the Assembly holds a general debate, often addressed by heads of state and government, in which member states express their views on the most presssing international issues.
Main committees
Most questions are then discussed in its six main committees:
- First Committee - Disarmament and International Security.
- Second Committee - Economic and Financial
- Third Committee - Social, Humanitarian and Cultural
- Fourth Committee - Special Political and Decolonization
- Fifth Committee - Administrative and Budgetary
- Sixth Committee - Legal
Some issues are considered only in plenary meetings, while others are allocated to one of the six main committees. All issues are voted on through resolutions passed in plenary meetings, usually towards the end of the regular session, after the committees have completed their consideration of them and submitted draft resolutions to the plenary Assembly.
Voting in Committees is by a simple majority. In plenary meetings, resolutions may be adopted by acclamation, without objection or without a vote, or the vote may be recorded or taken by roll-call. While the decisions of the Assembly have no legally binding force for governments, they carry the weight of world opinion, as well as the moral authority of the world community. The work of the United Nations year-round derives largely from the decisions of the General Assembly - that is to say, the will of the majority of the members as expressed in resolutions adopted by the Assembly. That work is carried out:
- by committees and other bodies established by the Assembly to study and report on specific issues, such as disarmament, peacekeeping, development and human rights.
- in international conferences called for by the Assembly.
- by the Secretaria of the United Nations - the Secretary-General and his staff of international civil servants.
Structure and Functions
The credentials of representatives and the names of members of the delegation of each Member State are submitted to the Secretary-General and are issued either by the Head of the State or Government or by the Minister for Foreign Affairs (Rule 27 of the Rules of Procedure of the General Assembly).
A Credentials Committee is appointed at the beginning of each regular session of the General Assembly. It consists of nine members, who are appointed by the General Assembly on the proposal of the President.
The Committee is mandated to examine the credentials of representatives of Member States and to report to the General Assembly thereon (Rule 28 of the Rules of Procedure of the General Assembly). Special and emergency special sessions of the General Assembly as well as conferences convened under its auspices also appoint a Credentials Committee having the same composition as that of the Credentials Committee at its most recent regular session.
The Security Council
one of the six principal organs of the United Nations (UN). Under the United Nations Charter, the Security Council is primarily responsible for maintaining international peace and security. It is so organized as to be able to function continuously, and a representative of each of its members must be present at all times at United Nations Headquarters. On 31 January 1992, the first ever Summit Meeting of the Council was convened at Headquarters, attended by Heads of State and Government of 13 of its 15 members and by the Ministers for Foreign Affairs of the remaining two. The Council may meet elsewhere than at Headquarters; in 1972, it held a session in Addis Ababa, Ethiopia, and the following year in Panama City ,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. In some cases, the Council itself undertakes investigation and mediation. It may appoint special representatives or request the Secretary-General to do so or to use his good offices. It may set forth principles for a peaceful settlement.
When a dispute leads to fighting, the Council's first concern is to bring it to an end as soon as possible. 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, keep opposing forces apart and create conditions of calm in which peaceful settlements may be sought. The Council may decide on enforcement measures, economic sanctions (such as trade embargoes) or collective military action.
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. A Member State which has persistently violated the principles of the Charter may be expelled from the United Nations by the Assembly on the Council's recommendation. A State which is a Member of the United Nations but not of the Security Council may participate, without a vote, in its discussions when the Council considers that that country's interests are affected. Both Members of the United Nations and non-members, if they are parties to a dispute being considered by the Council, are invited to take part, without a vote, in the Council's discussions; the Council sets the conditions for participation by a non-member State. The Presidency of the Council rotates monthly, according to the English alphabetical listing of its member States.
the functions and powers
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.
- 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
Committees:
Standing Committees -- There are two committees at present, and each includes representatives of all Security Council member States.
- Committee of Experts on Rules of Procedure (studies and advises on rules of procedure and other technical matters)
- Committee on Admission of New Members
Ad Hoc Committees -- They are established as needed, comprise all Council members and meet in closed session.
- Security Council Committee on Council meeting away from Headquarters.
- Governing Council of the United Nations Compensation Commission established by Security Council resolution 692 (1991).
- Committee established pursuant to Resolution 1373 (2001) concerning Counter-Terrorism.
Working Group on General Issues on Sanctions
Sanctions Committees, an Overview :
- Security Council Committee established by resolution 661 (1990) concerning the situation between Iraq and Kuwait.
- Security Council Committee established pursuant to resolution 748 (1992) concerning the Libyan Arab Jamahiriya .
- Security Council Committee established pursuant to resolution 751 (1992) concerning Somalia.
- Security Council Committee established pursuant to resolution 864 (1993) concerning the situation in Angola .
- Security Council Committee established pursuant to resolution 918 (1994) concerning Rwanda.
- Security Council Committee established pursuant to resolution 985 (1995) concerning Liberia .
- Security Council Committee established pursuant to resolution 1132 (1997) concerning Sierra Leone.
- Security Council Committee established pursuant to resolution 1160 (1998) .
- Security Council Committee established pursuant to resolution 1267 (1999) .
- Security Council Committee established pursuant to resolution 1298 (2000) concerning the situation between Eritrea and Ethiopia.
- Security Council Committee established pursuant to resolution 1343 (2001) concerning Liberia.
Peace-keeping Operations
Between June 1948 and August 2000, there have been 53 United Nations peace-keeping operations.
International Tribunals
- International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law in the Territory of the Former Yugoslavia - established by S/RES/808(1993) - International Criminal Tribunal for the Former Yugoslavia (ICTY);
- International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of Rwanda and Rwandan Citizens Responsible for such Violations Committed in the Territory of Neighbouring States - established at 1994.
The Security Council is primarily responsible for maintaining international peace and security. Under Chapter VII of the charter, the Security Council is the only UN organ that can order enforcement action if a case of aggression or breach of peace has been established. Enforcement action can range from economic sanctions to military measures. Disputes and breaches of peace may be brought before the Security Council by any UN member nation. Countries that are not members of the council, if affected by the issue at question, may be invited to participate in the discussion without a vote.
The Security Council has 15 members, of which 5 are permanent: the United States, Russia, Great Britain, France, and China. The other members are elected by the General Assembly to serve nonconsecutive two-year terms. Every year five new countries are elected to these seats, which rotate on a geographical basis: five from Asia, Africa, and the Middle East; two from Western countries; two from Latin America; and one from Eastern Europe. The presidency of the council is held for a month at a time by each of the members.
Nine affirmative votes are required to pass a resolution. In procedural decisions, any nine votes suffice. On all substantive matters, however, all five permanent members must support the resolution. A negative vote from any of the five permanent members prevents the adoption of any resolution, even if all other members vote in favor. This negative vote is known as the veto right of the great powers and has been a point of controversy since the establishment of the UN. The frequent use of the veto by the former Union of Soviet Socialist Republics (USSR), especially, had given rise to repeated complaints in the UN. In 1950 this USSR use of the veto led to the adoption of the United for Peace resolution, which provides that the General Assembly may continue to consider a problem if the council is blocked from further consideration by veto. The United States cast its first veto on March 17, 1970, against a resolution that condemned Great Britain for not using force when the minority government in Rhodesia proclaimed itself a republic. The United States did support another resolution that placed sanctions against Rhodesia.
The Security Council also recommends to the assembly admission of new UN members and appointment of a new secretary general; it participates equally with the General Assembly in electing judges to the International Court of Justice. The council has two standing committees and a Military Staff Committee, which is not currently functioning; the council may also establish ad hoc bodies.
Council's Voting Procedure.
The issue of the so-called veto of the five permanent members of the Security Council, though widely discussed within the United Nations, has been widely misunderstood by the general public. Article 27 of the Charter of the United Nations provides:
(1) Each member of the Security Council shall have one vote. (2) Decisions of the Security Council on procedural matters shall be made by an affirmative vote of seven members. (3) Decisions of the Security Council on all other matters shall be made by an affirmative vote of seven members including the concurring votes of the permanent members; provided that in decisions under Chapter VI, and under paragraph 3 of Article 52, a party to a dispute shall abstain from voting."
In other words, decisions of the Security Council on matters other than "procedural matters" require unanimity among the five permanent members of the Security Council as well as express consent of two non-permanent Council members.
The Charter provides for the following exception to the unanimity requirement on substantive matters: Whenever a member of the United Nations is a party to a dispute, the continuance of which is likely to endanger the maintenance of international peace and security, that member shall abstain from voting on decisions arising under Chapter VI of the Charter (Pacific Settlement of Disputes). This exception has been explained on the ground that nobody shall be judge in his own case.
In addition, Rule 40 of the Provisional Rules of Procedure adopted by the Security Council contains the following rule on voting: "Voting in the Security Council shall be in accordance with the relevant articles of the Charter and of the Statute of the International Court of Justice." The Report of the Security Council to the General Assembly comments on this rule as follows: "There was a full and free exchange of views on this subject in the Committee [of experts]. It was the view of certain of its members that the Chapter on voting should contain detailed provisions covering both the mechanics of the vote and the majorities by which the various decisions of the Council should be taken. But since the Committee was not able to draft additional rules of procedure on this subject, it was decided to defer further consideration of the problem to a later date."
Veto Procedure Reviewed.
The General Assembly, in the course of the second part of the First Session, took up the so-called veto procedure. Its discussion centered on two resolutions. The delegation for Cuba to the General Assembly proposed "to convene in conformity with Article 109 of the Charter a General Conference of the Members of the United Nations for the purpose of reviewing the present Charter of the Organization. This Conference should be held at the same place as the Second Session of the General Assembly in 1947 and should begin work immediately after the conclusion of the Assembly." The Cuban proposal, though couched in very general terms, aimed undoubtedly at amendments that would make the United Nations a more effective instrument to maintain world peace and security. Nevertheless, it was generally understood that the primary purpose of the proposed Cuban resolution was to modify the "veto" procedure. Another draft resolution concerning the method of voting in the Security Council was submitted to the General Assembly by the Australian Delegation. It furnished the basis of the Assembly Resolution of December 13, 1946, recommending to the Security Council "the early adoption of practices and procedure consistent with the Charter, to assist in reducing the difficulties in the application of Article 27 and to ensure the prompt and effective exercise by the Security Council of its functions ..." Thirty-six members voted in favor of the resolution; six members voted against it (Byelorussian Soviet Socialist Republic, Czechoslovakia, Poland, Ukranian Soviet Socialist Republic, Union of Soviet Socialist Republics, and Yugoslavia); nine abstained (Chile, China, Denmark, Ethiopia, France, Haiti, Iceland, India, and Norway), and three were absent (Costa Rica, Panama, and Sweden).
The Assembly Resolution of November 19, 1946, tends to reconcile two conflicting principles of the Charter, namely, the voting privileges of the permanent members of the Security Council and the principle of the "sovereign equality" of all members of the United Nations.
Abstention from Voting.
Apart from the principle of unanimity and its corollary, the so-called veto, the question of abstention from voting has to be faced. There can be no doubt that the permanent members of the Security Council are authorized to abstain from voting on strictly procedural matters. Whether abstention from voting will be considered permissible on other matters remains to be seen.
Peace and Security.
Several questions were taken up by the Security Council under its responsibility for the maintenance of peace and security. These questions are usually referred to as the Iranian Question, the Greek Question, the Indonesian Question, the Syrian and Lebanese Question, the Spanish Question. Two of these issues were declared closed by the Security Council, namely, the question of the presence of British troops in Greece (February 6, 1946) and the Indonesian Question (February 13, 1946). The Syrian and Lebanese questions involving the presence of French and British troops in this area was brought to the attention of the Council on February 4, 1946. The Syrian Prime Minister and Minister for Foreign Affairs confirmed by telegram, dated May 19, 1946, that foreign troops had evacuated Syrian territory during the first two weeks of April 1946. The Lebanese Minister for Foreign Affairs informed the Security Council by letter dated May 9, 1946, about an agreement with the French Foreign Minister concerning the evacuation of French troops from Lebanon. Consequently, the Syrian and Lebanese questions were taken off the agenda of the Security Council. By contrast, the Iranian Question and the Spanish Question have been kept on the agenda by Council resolution of May 22, 1946, and of June 26, 1946, respectively. Hence, pending further action, the Council remains seized of these questions.
Organizational Functions of the Council.
In addition to its primary function of maintaining peace and security, the Security Council is charged with several organizational functions, such as designating United Nations officers. Pursuant to Article 97 of the Charter, the Security Council recommended Trygve Lie, formerly Minister of Foreign Affairs of Norway, as Secretary-General of the United Nations on January 30, 1946. Upon this recommendation, the General Assembly appointed Lie as Secretary-General on February 1, 1946.
The judges of the International Court of Justice are elected by the General Assembly and the Security Council. On February 6, the Security Council in conjunction with the General Assembly elected the following sixteen outstanding international lawyers as judges of the Court: José Gustavo Guerrero (President, El Salvador), Alejandro Alvarez (Chile), Abdel Hamid Badawj Pasha (Egypt), José Philadelpho de Barros e Azevedo (Brazil), Jules Basdevant (France), Isidro Fabela (Mexico), Green Haywood Hackworth (U.S.A.), Hsu Mo (China), Helge Klaestad (Norway), Sergey B. Krylov (U.S.S.R.), Sir Arnold Duncan McNair (England), John Erskine Read (Canada), Charles de Visscher (Belgium), Bohdan Winiarski (Poland), Milovan Zoricic (Yugoslavia), Registrar, Edvard Hambro, Jr.
Military Staff Committee.
A Military Staff Committee, to advise and assist the Security Council on all questions relating to the Security Council's military requirements for the maintenance of international peace and security, the employment and command of forces placed at its disposal, the regulation of armaments, and possible disarmament has been set up under Article 47 of the Charter. The committee is composed of the Chiefs of Staff, or their representatives, of the five permanent members of the Security Council. The Committee met in London from February 3 to 14, 1946, and, after March 25, held meetings in New York. The committee submitted to the Security Council a Draft Statute and Draft Rules of Procedure. On February 16, 1946, the Security Council directed the Military Staff Committee to consider Article 43 of the Charter from the military point of view. Article 43 provides for agreements designed to make available to the Security Council armed forces, assistance and facilities. It should be noted that in the absence of such special agreements there is no United Nations military force in existence. It is hoped, however, that by special agreements military contingents will in the future be put at the disposal of the Security Council.
The Economic and Social Council
The Economic and Social Council coordinates the work of the 14 UN specialized agencies, 10 functional commissions and five regional commissions; receives reports from 11 UN funds and programme); and issues policy recommendations to the UN system and to Member States. Under the UN Charter , ECOSOC is responsible for promoting higher standards of living, full employment, and economic and social progress; identifying solutions to international economic, social and health problems; facilitating international cultural and educational cooperation; and encouraging universal respect for human rights and fundamental freedoms. ECOSOC's purview extends to over 70 per cent of the human and financial resources of the entire UN system.
The ultimate objective of the Economic and Social Council is the creation of conditions of stability and well-being necessary for peaceful and friendly relations among nations. To this end, the Economic and Social Council is authorized to make or initiate studies and reports on international economic, social, cultural, and educational problems, public health, and other related matters, and to make recommendations on such matters to the General Assembly, to the members of the United Nations, and to the specialized agencies concerned. Moreover, the Council may prepare draft conventions and call international conferences on matters within its jurisdiction.
In carrying out its mandate, ECOSOC consults with academics, business sector representatives and more than 2,100 registered non-governmental organizations. The Council holds a four-week substantive session each July, alternating between New York and Geneva. The session includes a high-level segment, at which national cabinet ministers and chiefs of international agencies and other high officials focus their attention on a selected theme of global significance. This year, the high-level segment will cover "Resources mobilization and enabling environment for poverty eradication in the context of the implementation of the Programme of Action for the Least Developed Countries for the Decade 2001-2010". The Council will adopt a Ministerial Declaration, providing policy guidance and recommendations for action.
Policy leadership
ECOSOC has taken a lead role in key policy areas in recent years. Its 1999 high-level segment issued a "Manifesto on Poverty", which in many respects anticipated the formulation of the Millennium Development Goals that were approved at the UN Millennium Summit in New York. The Ministerial Declaration of the high-level segment in 2000 proposed specific actions to address the digital divide, leading directly to the formation in 2001 of the ICT [Information and Communication Technologies] Task Force. Last year, ECOSOC's consideration of African development resulted in the first formal international endorsement of the New Partnership for Africa's Development.
Outside of the substantive sessions, ECOSOC initiated in 1998 a tradition of meeting each April with finance ministers heading key committees of the Bretton Woods institutions -- the World Bank and the International Monetary Fund. These consultations initiated inter-institutional cooperation that paved the way for the success of the International Conference on Financing for Development, held in March 2002 in Monterrey, Mexico. At that conference, ECOSOC was assigned a primary role in monitoring and assessing follow-up to the Monterrey Consensus.
Members
The Council's 54 member Governments are elected by the General Assembly for overlapping three-year terms. Seats on the Council are allotted based on geographical representation with fourteen allocated to African States, eleven to Asian States, six to Eastern European States, ten to Latin American and Caribbean States, and thirteen to Western European and other States.
ECOSOC Bureau
The Bureau of the Economic and Social Council is elected by the Council at large at the beginning of each annual session. The Bureau's main functions are to propose the agenda, draw up a programme of work and organize the session with the support of the United Nations Secretariat.
Commissions.
To realize its objective the Economic and Social Council may establish commissions in the economic and social fields.
At its first session the Council set up five "nuclear" commissions, each composed of nine persons appointed in their individual capacities: Commission on Human Rights, with a Sub-Commission on the Status of Women; Economic and Employment Commission; Statistical Commission; Temporary Social Commission; Temporary Transport and Communications Commission. The definitive character of the commissions was left to the decision of the second session of the Economic and Social Council, which determined that commissions, in general, should be composed of fifteen members; that the Human Rights and the Social Commission should include 18 members; while the Statistical Commission should be composed of 11 members. After considerable debate it was decided that the representatives from members of the United Nations should serve in an official capacity, subject to instructions from their governments. To secure a balanced representation in the various fields, it was further decided that the Secretary-General should consult with the governments designated to participate in these Commissions before the nomination of representatives or their confirmation by the Council.
In the course of the second session the Sub-Commission on the Status of Women was raised to the rank of Commission. At the third session the Council determined the terms of reference of the Fiscal and Population Commission. The full commission on Narcotic Drugs and its States Members was designated by the First Session of the Council.
It should be recalled that the scope and functions of several commissions of the Economic and Social Council correspond to the related functions of former League of Nations commissions. This holds true of the Fiscal Commission, the Narcotic Drugs Commission, the Population Commission, the Statistical Commission, the Social Commission, the Transport and Communications Commission.
As concerning the other commissions, it is noteworthy that the Economic and Employment Commission shall advise the Economic and Social Council on all matters designed to promote higher living standards, on the prevention of wide fluctuations in economic activity and on co-ordination of full employment policies. Moreover, the Commission is authorized to establish a Sub-Commission on Employment and Economic Stability and a Sub-Commission on Economic Developments.
The Commission on Human Rights shall assist the Council in the performance of its obligation to promote universal respect for and observance of human rights and fundamental freedoms. It has been authorized to establish sub-commissions on freedom of information, protection of minorities and prevention of discrimination. The members of the United Nations have been invited to consider the desirability of establishing information groups or local human rights committees within their respective countries to further the work of the Commission on Human Rights.
The functions of the Commission on the Status of Women shall be to prepare recommendations and reports to the Economic and Social Council on promoting women's rights in political, economic, social and educational fields. The Commission shall also make recommendations to the Council on urgent problems requiring immediate attention in the field of women's rights.
With the exception of the Narcotics Commission, only the nuclear commissions met in 1946. The nuclear commissions, meeting in New York during April and May, reported recommendations to the Council concerning the future activities of the full Commissions. The Commission on Narcotic Drugs met from November 27 to December 11, 1946 at Lake Success; it adopted, among others, a resolution transferring to the United Nations powers and functions in the field of Narcotic Drugs control formerly exercised by the League of Nations.
Sub-Commission on Devastated Areas.
he General Assembly adopted on February 2, 1946, a Resolution on the Economic Reconstruction of Devastated Areas, requesting the Economic and Social Council to place this subject on its agenda. On June 21, the Council established a temporary sub-commission to ascertain the nature and scope of the economic reconstruction problems in war devastated areas, except Germany and Japan, and to advise the Council on international measures to facilitate and accelerate reconstruction in these countries.
The sub-commission was composed of twenty members. It met for the first time in London on July 29, 1946 and concluded its session on September 13, 1946. Within the sub-commission one working group for Europe and Africa, and one for Asia and the Far East was set up. The group for Europe and Africa made on-the-spot surveys in Belgium, Czechoslovakia, France, Greece, Luxemburg, the Netherlands, Poland and Yugoslavia. Both groups prepared elaborate reports on their findings to the Council. Although a proposal to establish an economic commission for Europe was not adopted by the third session of the Economic and Social Council, a resolution was approved indicating some major problems of economic reconstruction in the areas.
Coordination of Specialized Agencies
The Charter authorizes the Economic and Social Council, established by inter-governmental agreement and having wide international responsibilities, to "coordinate the activities of specialized agencies."
By special agreement four of these agencies have been brought into relationship with the United Nations. The International Labor Organization, the Food and Agriculture Organization, the United Nations Educational, Scientific and Cultural Organization, and the Provisional International Civil Aviation Organization, on behalf of its permanent successor the International Civil Aviation Organization, have negotiated and initialed such agreements with the Economic and Social Council. On December 14, 1946 these agreements were approved by the General Assembly, subject to several changes. In reference to the International Civil Aviation Organization, for instance, a clause was inserted requiring the organization to "comply with any decision of the General Assembly regarding Franco Spain."
These agreements provide for reciprocal representation of the United Nations and each specialized agency; proposal of agenda items; membership in the specialized agency; exchange of information and documents; assistance to the Security and Trusteeship Councils; personnel arrangements; budgetary and financial arrangements; financing of special services; relations to the International Court of Justice; Public Information; Liaison.
A standing committee of administrative officers, consisting of the Secretary-General of the United Nations and the corresponding officers of the specialized agencies that have been brought into relationship with the United Nations, was instituted by an Economic and Social Council resolution of September 21, 1946, to insure the fullest and most effective implementation of the agreements entered into between the United Nations and the specialized agencies.
TRUSTEESHIP COUNCIL
Basic Objectives.
The Trusteeship Council is one of the principal organs of the United Nations. Its basic objectives are to promote the political, economic, social and educational advancement of the inhabitants of the trust territories; to encourage respect for human rights and fundamental freedoms; and to advance self-government in, or the independence of, trust territories as may be appropriate; to ensure equal treatment in social, economic, and commercial matters to all members of the United Nations.
Early Functioning Not Possible
It was not possible to establish the Trusteeship Council during the first part of the first session of the General Assembly. No trusteeship agreements were submitted to the London meeting of the General Assembly. The mandates system of the League of Nations — with certain notable exceptions, for instance, Syria and Lebanon — was still considered in force until April 18, 1946 when the last Assembly of the League of Nations, meeting in Geneva, recognized by resolution that, on the termination of the League's existence, its functions with respect to the mandated territories would end.
Trust Territories.
It should be noted that by the end of 1946 only former mandated territories had been declared trust territories by virtue of the following trusteeship agreements: draft trusteeship agreement for New Guinea submitted by the Government of Australia; for Ruanda-Urundi submitted by the Government of Belgium; for the Cameroons under French mandate submitted by the Government of France; for Togoland under French mandate submitted by the Government of France; for Western Samoa submitted by the Government of New Zealand; for Tanganyika submitted by the Government of the United Kingdom; for the Cameroons under British mandate submitted by the Government of the United Kingdom; for Togoland under British mandate submitted by the Government of the United Kingdom.
Through approval of these eight trusteeship agreements on December 13, 1946 the General Assembly rendered the international trusteeship system of the Charter applicable to the foregoing trust territories.
Soviet Proposal Rejected.
The delegation of the Union of Soviet Socialist Republics considered the draft trusteeship agreements incompatible with Art. 76, 79, and 83 of the Charter. A draft resolution to this effect, proposed by the Soviet delegation, was rejected by thirty-four votes to six with eleven abstentions.
Composition of Trusteeship Council.
The Trusteeship Council, as established by Assembly Resolution of December 14, 1946, is composed of ten members: Australia, Belgium, France, New Zealand and the United Kingdom are members of the Trusteeship Council in their capacity as administering authorities of trust territories; China, the Union of Soviet Socialist Republics, and the United States of America participate in the Trusteeship Council in their capacity as permanent members of the Security Council; Mexico and Iraq were elected to the Trusteeship Council by the General Assembly on December 14, 1946 for a term of three years to ensure that the total number of members of the Trusteeship Council is equally divided between members of the United Nations which administer trust territories and those which do not.
The Secretary General has been directed to convoke the first session of the trusteeship Council not later than March 15, 1947, and to communicate the provisional agenda for the session to each member of the Council at least thirty days in advance.
Membership of Trusteeship Council.
In contrast to the membership in the Security Council and the Economic and Social Council, the maximum number of members of the Trusteeship Council has not been defined by the Charter once and for all. Pursuant to Art. 86 of the Charter the Trusteeship Council may be enlarged or decreased in the future.
Main Functions.
The main functions of the Trusteeship Council, under the authority of the General Assembly, are: to consider reports submitted by the administering authority; to accept petitions and to examine them in consultation with the administering authority; to undertake periodic visits to the respective trust territories at times agreed upon with the administering authority; and to take other actions in conformity with the pertinent trusteeship agreements.
THE SECRETARIAT
Secretary General
On February 1, 1946 Mr. Trygve Lie, formerly Minister of Foreign Affairs of Norway, was elected the first Secretary-General of the United Nations for a term of five years; at the end of that period the appointment may be extended for another five-year term. In addition to his regular functions as Chief Administrative Officer of the organization, the Secretary-General has also a tremendous political responsibility. In particular, he is authorized under Article 99 of the Charter to bring to the attention of the Security Council any matter which in his opinion may threaten the maintenance of international peace and security.
Administrative Structure
The United Nations Charter does not specify the administrative structure of the Secretariat. On February 13, 1946, the General Assembly designated by Resolution the principal eight departments of the Secretariat and authorized the Secretary-General to appoint Assistant Secretaries-General in charge of these administrative units. The Secretariat includes the following departments: Department of Security Council Affairs (Assistant Secretary-General; Department of Economic Affair; Department of Social Affairs (Assis; Department of Trusteeship and Information from Non-Self Governing Territories; Department of Public Information ; Legal Department ; Department of Conference and General Service ; Department of Administrative and Financial Services/
Selection of Personnel
Men and women are equally eligible for all posts in the Secretariat. In selection of the staff the principle of wide geographic distribution is observed. The officers of the Secretariat are selected with a view to securing the highest standards of efficiency, competence, and integrity.
Function of Secretariat
The Secretariat services the meetings of the principal and subsidiary organs of the United Nations, produces the required documentation, and will presumably carry on several of the research functions previously exercised by the Secretariat of the League. The Department of Public Information, in cooperation with interested specialized agencies, is designed to promote to the greatest possible extent an informed understanding of the work and purposes of the United Nations among the peoples of the world.
The International Court of Justice
The International Court of Justice is the principal judicial organ of the United Nations. Its seat is at the Peace Palace in The Hague (Netherlands). It began work in 1946, when it replaced the Permanent Court of International Justice which had functioned in the Peace Palace since 1922. It operates under a Statute largely similar to that of its predecessor, which is an integral part of the Charter of the United Nations.
Functions of the Court
The Court has a dual role: to settle in accordance with international law the legal disputes submitted to it by States, and to give advisory opinions on legal questions referred to it by duly authorized international organs and agencies.
Composition
The Court is composed of 15 judges elected to nine-year terms of office by the United Nations General Assembly and Security Council sitting independently of each other. It may not include more than one judge of any nationality. Elections are held every three years for one-third of the seats, and retiring judges may be re-elected. The Members of the Court do not represent their governments but are independent magistrates.
The judges must possess the qualifications required in their respective countries for appointment to the highest judicial offices, or be jurists of recognized competence in international law. The composition of the Court has also to reflect the main forms of civilization and the principal legal systems of the world.
When the Court does not include a judge possessing the nationality of a State party to a case, that State may appoint a person to sit as a judge ad hoc for the purpose of the case.
The Parties
Only States may apply to and appear before the Court. The Member States of the United Nations (at present numbering 191) are so entitled.
Jurisdiction
The Court is competent to entertain a dispute only if the States concerned have accepted its jurisdiction in one or more of the following ways:
- by the conclusion between them of a special agreement to submit the dispute to the Court;
- by virtue of a jurisdictional clause, i.e., typically, when they are parties to a treaty containing a provision whereby, in the event of a disagreement over its interpretation or application, one of them may refer the dispute to the Court. Several hundred treaties or conventions contain a clause to such effect;
- through the reciprocal effect of declarations made by them under the Statute whereby each has accepted the jurisdiction of the Court as compulsory in the event of a dispute with another State having made a similar declaration. The declarations of 65 States are at present in force, a number of them having been made subject to the exclusion of certain categories of dispute.
- In cases of doubt as to whether the Court has jurisdiction, it is the Court itself which decides.
Procedure
The procedure followed by the Court in contentious cases is defined in its Statute, and in the Rules of Court adopted by it under the Statute. The latest version of the Rules dates from 5 December 2000. The proceedings include a written phase, in which the parties file and exchange pleadings, and an oral phase consisting of public hearings at which agents and counsel address the Court. As the Court has two official languages (English and French) everything written or said in one language is translated into the other.
After the oral proceedings the Court deliberates in camera and then delivers its judgment at a public sitting. The judgment is final and without appeal. Should one of the States involved fail to comply with it, the other party may have recourse to the Security Council of the United Nations.
The Court discharges its duties as a full court but, at the request of the parties, it may also establish a special chamber. The Court constituted such a chamber in 1982 for the first time, formed a second one in 1985, constituted two in 1987 and two more in 2002. A Chamber of Summary Procedure is elected every year by the Court in accordance with its Statute. In July 1993 the Court also established a seven-member Chamber to deal with any environmental cases faSince 1946 the Court has delivered 89 Judgments on disputes concerning inter alia land frontiers and maritime boundaries, territorial sovereignty, the non-use of force, non-interference in the internal affairs of States, diplomatic relations, hostage-taking, the right of asylum, nationality, guardianship, rights of passage and economic rights.
Sources of applicable law
The Court decides in accordance with international treaties and conventions in force, international custom, the general principles of law and, as subsidiary means, judicial decisions and the teachings of the most highly qualified publicists.
Advisory Opinions
The advisory procedure of the Court is open solely to international organizations. The only bodies at present authorized to request advisory opinions of the Court are five organs of the United Nations and 16 specialized agencies of the United Nations family.
On receiving a request, the Court decides which States and organizations might provide useful information and gives them an opportunity of presenting written or oral statements. The Court's advisory procedure is otherwise modelled on that for contentious proceedings, and the sources of applicable law are the same. In principle the Court's advisory opinions are consultative in character and are therefore not binding as such on the requesting bodies. Certain instruments or regulations can, however, provide in advance that the advisory opinion shall be binding.
Since 1946 the Court has given 25 Advisory Opinions, concerning inter alia the legal consequences of the construction of a wall in the occupied Palestinian territory, admission to United Nations membership, reparation for injuries suffered in the service of the United Nations, territorial status of South-West Africa (Namibia) and Western Sahara, judgments rendered by international administrative tribunals, expenses of certain United Nations operations, applicability of the United Nations Headquarters Agreement, the status of human rights rapporteurs, and the legality of the threat or use of nuclear weapons.
Pending cases
Twelve cases are currently pending:
- Application of the Convention on the Prevention and Punishment of the Crime of Genocide(Bosnia and Herzegovina v. Serbia and Montenegro)
- Gabcíkovo-Nagymaros Project (Hungary/Slovakia)
- Ahmadou Sadio Diallo (Republic of Guinea v. Democratic Republic of Congo)
- Armed activities on the territory of the Congo (Democratic Republic of Congo v. Uganda)
- Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Croatia v. Serbia and Montenegro)
- Maritime Delimitation between Nicaragua and Honduras in the Caribbean Sea (Nicaragua v. Honduras)
- Territorial and Maritime Dispute (Nicaragua v. Colombia)
- Frontier Dispute (Benin/Niger)
- Armed Activities on the Territory of the Congo (New Application : 2002) (Democratic Republic of the Congo v. Rwanda)
- Certain Criminal Proceedings in France (Republic of the Congo v. France)
- Sovereignty over Pedra Branca/Pulau Batu Puteh, Middle Rocks and South Ledge(Malaysia/Singapore)
- Maritime Delimitation in the Black Sea (Romania v. Ukraine)
The United Nations and its problems
From 1945 to the 1970’s, the United Nations looked to be a strong successor to the failed League of Nations. Success of sorts in Korea and the Congo had boosted its international image. However, many of the problems from the Cold War it could not stem. The effective occupation of Eastern Europe by Russia made a mockery of the promises made at Yalta and other war meetings. The treatment of Hungary in 1956 could not be stopped by the United Nations. Likewise, America’s involvement in Vietnam could not be stopped.
By the end of the 1970’s the United Nations had lost some of its prestige. It was clear that the two superpowers, America and Russia, would follow the foreign policy that they wanted to regardless of what the UN wanted.
The whole issue of the relationship between America and the UN weakened the UN. Since 1945, America had been the dominant force in the UN. America provided the UN with 25% of its annual budget and expected to have a big say in final UN decisions - an influence that matched the hundred of millions of dollars America has paid into the UN’s budget. Likewise, some major international problems were dealt with by America flexing her diplomatic muscles (such as in Suez and especially in the Middle East) rather than the UN solving them.
As more and more Asian and African nations gained their independence and joined the UN, power blocs within the General Assembly have developed. These have challenged the belief that the old order of western nations should dominate the UN simply by using their financial clout and their historic connections. Seven blocs have been identified:
- the Developing Nations which consists of 125 states
- the Non-Aligned Movement which consists of 99 states (mostly Asian and African who avoid joining military alliances)
- the Islamic Conference which consists of 41 states
- the African group of 50 states
- the Latin American group of 33 states
- the Western European group of 25 states
- the Arab group of 22 states
Within the General Assembly, all nations regardless of wealth, military power etc., have one vote. The same is true in the specialist agencies - one nation one vote. However, much of the important UN work is done in the Security Council and the five nations of Russia, America, Britain, France and China still have the right to veto a decision of the Security Council. This system has been challenged by the newer members of the UN who want one nation one vote in the Security Council as well. The five permanent members of the Security Council have fought to keep the system as it is claiming that as the five permanent members invest far more money into the UN’s budget and, as a result, should have more sway than nations that pay far less into the UN’s budget.
In 1985, this theme was even taken up by America’s Congress which declared that: In 1985, America provided the UN with 25% of its budget; the USSR provided 10.5%; Angola 0.01% and Saudi Arabia 0.86%. America claimed that such an investment should have its rewards. If the ‘Big Five’ withdrew their financial support or reduced it to the level of other nations in the UN, then the UN itself would face near bankruptcy. There was little the UN could do if members failed to pay their contribution. After the Congo crisis from 1960 to 1964, Russia, France and Belgium refused to contribute to the $400 million it had cost the UN to bring peace to the Congo.
Throughout the 1960’s, 1970’s and 1980’s, the UN run up debts nearly totalling $1 billion. In 1986, America refused to pay 50% of its annual contribution in protest at the influence newly emerging nations had or were attempting to get. America pointed out that 85% of the UN’s budget was paid by just 20 nations yet many smaller nations were trying to reform the way the UN was run (especially its voting system) without making the same financial commitment to the UN.
Towards the end of the 1980’s the UN appeared to have split in two: the richer old established nations that essentially funded the UN on one side and the newly established but poorer nations on the other side. These nations claimed that they were only poor because so much of their annual wealth was taken up in paying off debts to the world’s richest nations. The world’s richest nations have responded to this charge. They claim that internal corruption within these newer nations is responsible for their poverty - not the debts they owe for money borrowed.
Within just 60 years of its birth, the UN stood at a crossroads. If it divides into rich and poor nations, where does this leave the whole concept of all nations working for one common goal?
The United Nations and the Middle East
The United Nations has been involved in various problems in the Middle East since 1947. Whereas the Korean War and the Congo issue were settled in the sense that there was no further outbreak of hostilities, the United Nations has not managed to do the same in the Middle East. Wars have broken out in 1948, 1956, 1967 and 1973 and severe problems exist to this day.
After World War One, Britain had governed Palestine as a League of Nations mandate. Britain got more and more embroiled in the area and in 1947 asked the United Nations to take over the duty of running the area. The Palestinians and the Jews in the area may have detested and fought one another but both fought the British troops who were stationed there. By 1947, Britain had had enough.
The United Nations took over the area and set up an eleven-man commission to examine the problem. Their solution was to divide Palestine in half with one part for the Jews and the other for the Palestinians. The Arab nations that surrounded Palestine made it clear that this plan would not be acceptable. Regardless of this – and aware of world sympathy for the Jews in the aftermath of World War Two - the United Nations went ahead with its plan. The General Assembly approved the partition in November 1947.
The United Nations plan came to nothing. The British left Palestine in May 1948 and the Jews set up Israel almost immediately using territory given to them in the United Nations plan. The Arab nations that surrounded Israel immediately attacked with the intention of destroying the new state.
The United Nations, now with a war to deal with, arranged for a four-week truce. However, the end of the truce saw the start of hostilities again. A major problem for the United Nations was the murder of their chief negotiator in the area – Count Bernadotte. His successor was Ralph Bunche and he managed to arrange for another cease-fire in 1949. This was signed by Israel and all but one of the Arab nations that had attacked Israel in 1948. However, for many it was a truce and a renewal of war was only a matter of time. The Middle East was to present to the United Nations its most difficult question.
During the 1948 conflict, 800,000 Palestinians had fled from what was now Israel and lived in refugee camps along the border of Israel and the Arab nations that surrounded Israel. Their lifestyle was poor and the humanitarian side of the United Nations was needed to improve the lot of people who felt that they had been dispossessed of their homeland. The United Nations responded to this problem by setting up the United Nations Relief and Welfare Agency (UNRWA). It was the task of UNRWA to deal with the refugee camps – provide clean water, decent tents etc. – until a political solution could be found for the refugees which would entail them returning to Israel or being accommodated by a nearby Arab nation.
These refugee camps became homes to Fedayeen – men who were willing to make raids on Israel in cross-border attacks. Fedayeen means ‘self-sacrificer’. A round of tit-for-tat attacks occurred. Fedayeen men would attack the Israelis which lead to an Israeli counter-raid against the refugee settlements.
The United Nations also set-up the CCP – Conciliation Commission for Palestine. This body held talks in neutral Switzerland. The main issue that had to be addressed was the border Israel held between itself and its Arab neighbours. In 1948, Israel had taken much of the land from the Palestinians that had been scheduled under the United Nations plan to be given to them.
In 1956, a full-scale war broke out when Israel attacked the Sinai – Egypt east of the Suez Canal.Egypt, lead by Nasser, had nationalised the Suez Canal. Up to 1956, this had been co-owned by Britain and France with both countries benefiting from the profits this canal made. Now, Nasser believed that these profits should go to Egypt.
As a result of this, Britain and France had helped Israel plan out its October attack on Egypt. Their plan was simple – Israel would attack the Sinai (Egypt east of the Suez Canal) while Britain and France would attack and occupy the Suez Canal zone.
When the Security Council voted on a resolution for Israel to withdraw from the Sinai, Britain and France vetoed it. The Security Council transferred its power to the General Assembly using the ‘Uniting For Peace’ principle and the General Assembly of the United Nations called for a cease-fire and on November 5th 1956, it created a United Nations Emergency Force (UNEF). The role of the UNEF was to act as a buffer between the Israelis and the Egyptians thus ensuring that a cease-fire was maintained.
Just one day later the British and French launched their attack on the Suez. The United Nations was powerless to stop this attack. However, America, lead by Eisenhower, expressed its severe reservations regarding this attack and threatened to stop oil supplies to both Britain and France. The Suez Canal could not be used to gain oil as it had been shut. Therefore, unless Britain and France did what America wanted, they would be starved out of oil. They had to pull out of the Suez.
On November 16th 1956. 6000 United Nations troops arrived in the Sinai to keep both Israel and Egypt apart. The United Nations troops came from Finland, Canada, Yugoslavia, Denmark, Norway, Brazil, India and Columbia. They carried only light weapons and were ordered only to use them in self-defence. The UNEF remained in the Sinai as a buffer until told to leave by Nasser in 1967. During the time they were there, 89 UNEF troops had been killed. The mission also cost the United Nations over $200 million.
The UNEF left the Sinai in 1967 because it had agreed that if told to leave it would do so. To many observers, the order by Nasser for the UNEF to withdraw meant that trouble was brewing. Israel feared that she would be attacked and before waiting to be attack, Israel launched attacks on Egypt, Syria, Jordan and Iraq. This war lasted only six days and the fighting only stopped when the Security Council ordered a cease-fire. It also drew up Resolution 242 which they believed would restore peace to the Middle East. Resolution 242 called for:
- The withdrawal of Israeli forces from all Arab land they had occupied
- A solution to the Palestinian refugee problem
- The right of every state concerned in the Middle East to live in peace
- Free navigation of international waterways
- Secure boundaries between each nation in the Middle East.
All the involved nations signed 242 except Syria. However, it was not long before it became clear that each side – Arabs and Jews – interpreted each point differently. Each side also put a different emphasis on each point. What was important to the Arabs had much less importance to Israel. As an example, Israel declared its intention of staying in Arab land that they considered to be of strategic importance to the survival of Israel. The Arab nations viewed the withdrawal of Israeli forces from occupied Arab land as not open to interpretation. With such distrust, it was clear that some form of warfare would occur again. This happened in 1973 and once again the United Nations could do nothing to prevent it.
In 1973, Egypt had a new leader – Anwar Sadat. He announced that any future peace for the Middle East could only be settled once and for all by the use of military force. On Israel’s most holy of days, Yom Kippur, Egypt attacked catching the usually vigilant Israeli forces off guard.
The United Nations called for a cease-fire and passed Resolution 338. A United Nations conference in Geneva was called but produced no result. This was an obvious rebuff for the United Nations and all future peace negotiations were taken on by the USA – not the United Nations. As a result of America’s Secretary of State, Henry Kissenger, and his use of ‘shuttle diplomacy’ a Disengagement Agreement was signed in January 1974. This allowed for a new UNEF to be sent to the Middle East. This new force was made up of 7000 men and was again stationed between Egypt and Israel. A United Nations Observer Force was sent to monitor the border between Israel and Syria.
Between 1973 and the 1978 Camp David agreement, most of the work done at a diplomatic level regarding the Middle East was centred on an American input. However, in 1975, the United Nations did criticise Israel regarding its treatment of those Palestinians who continued to live outside of Israel’s borders in refugee camps and who wished to return to live in what they would refer to as Palestine. In 1977, the United Nations also criticised Israel’s policy of building settlements on land they occupied as a result of military victories.
