Presentation Transcript

1. English for Lawyers 3

   Lecturer: Miljen Matijašević G10, room 6/I, Tue 10:30-11:30 e-mail: miljen.matijasevic@gmail.com Session 8, 11 Dec 2012
2. Today’s session Revision of the last session The United Nations The Charter of the United Nations
3. Revision of the last session Institutionsofthe EU
4. Answer the questions Provide an outline of each of the principal institutions of the EU: the European Commission the Council of the EU the European Parliament the European Council the Court of Justice of the EU the Court of Auditors What is the qualified majority vote? What is co-decision? Whattypesofaction are possiblebeforethe CJEU?
5. The United Nations Unit 26
6. The United Nations international organisation facilitating co-operation in international law, prevention of war, promoting human rights, economic and social development, social progress and world peace founded on 24 October 1945 with the ratification of the Charter of the United Nations, signed at the UN Conferenceon International Organization in San Francisco (June 1943)
7. The United Nations - origins The League of Nations founded immediately after WW1 headquarters: Geneva, Switzerland main aim – to prevent another world war in addition: promoted social and economic progress, global health, suppression of drug and human trafficking
8. The United Nations - origins The League of Nations had no military forces, used arbitration andnegotiationinstead at its peak had 58 member countries (the USA never a member) disintegrated as WW2 started
9. The United Nations 193 member states (nearly all sovereign nations of the world) headquarters: New York City, NY, USA offices also in Geneva, Vienna, Addis Ababa, Amman (Jordan), Bangkok, Santiago de Chile
10. The Aims of the United Nations to keep peace throughout the world to develop friendly relations between nations to work together to help people live better lives, to eliminate poverty, disease and illiteracy in the world, to stop environmental destruction and to encourage respect for each other's rights and freedoms to be a centre for helping nations achieve these aims 2000 United Nations Publications
11. The Principles of the United Nations all Member States have sovereign equality all Member States must obey the Charter countries must try to settle their differences by peaceful means countries must avoid using force or threatening to use force the UN may not interfere in the domestic affairs of any country countries should try to assist the United Nations 2000 United Nations Publications
12. The United Nations six official languages: English French Arabic Chinese Russian Spanish
13. The United Nations consists of six principal organs: General Assembly Security Council Economic and Social Council Secretariat International Court of Justice (in The Hague) Trusteeship Council (inactive) also: specialised institutions
14. The United Nations specialised agencies: World Health Organisation (WHO) Food and Agriculture Organisation (FAO) World Bank United Nations Educational, Scientific and Cultural Organization (UNESCO) International Monetary Fund (IMF) UN’s Children Fund (UNICEF) etc.
15. The United Nations General Assembly
16. The United Nations General Assembly main deliberative, policymaking and representative body of the UN a forum of multilateral discussion under the Charter meets in yearly sessions (Sep-Dec) one state – one vote resolutions of the UN not binding on the members, except budgetary matters
17. The United Nations Security Council
18. The United Nations Security Council body in charge of maintaining world peace and security five permanent members: China, France, Russia, the UK and the USA (veto power) ten non-permanent members (voted for two-year terms) power to issue binding decisions that Member States have agreed to abide by in the Charter
19. The United Nations Economic and Social Council (ECOSOC) promotes intrenational economic and social co-operation and development has 54 members voted by the General Council for a three-year term meets once a year co-ordinates special bodies meets with representatives of IMF and WB
20. The United Nations Secretariat carries out day-to-day work of the organisation provides services for UN bodies carries out studies, gathers information implements programmes and policies (e.g. peacekeeping operations) helps resolve international disputes organises conferences translates documents acts as a PR for the UN
21. The United Nations Secretariat headed by Secretary-General currently: Ban Ki-moon (took over from Kofi Annan in 2007) chief officer of the UN can draw the attention of the Security Council to “any matter which in his opinion may threaten the maintenance ofinternational peace and security”, under the UN Charter
22. The United Nations International Court ofJustice Establishedin 1945 bytheCharter 15 judgeselectedfor 9-yearterms Partiesmayrequestad hocjudges to sit inthe panel Usually done ifthecountry’s nationalnot on the panel They provide thelocalperspectiveandusuallyvoteinfavouroftheircountry
23. The United Nations International Court ofJustice< Judicialbranchofthe UN Settleslegaldisputessubmittedbystates Providesadvisoryopinions to UN organs, bodies, andagencies Jurisdictionbased on consent: itsrulings are bindinguponthepartiesiftheyagree to beboundbythem DecisionsenforcedbytheSecurityCouncil, whichcan veto theenforcement
24. The United Nations not a homogenous body usually slow decision-making process, particularly in the area of peacekeeping and international relations long time to achieve consensus both global and national interests considered treaties often abided by owing to pressure from the media and the public
25. The Charter of the United Nations
26. The Charter of the United Nations Preamble + 19 Chapters lays down basic aims and principles providesfor the organs and organisation of the UN provides for peacefulsettlement of disputes lays down action in the case of threats to or breaches of the peace regulates the trusteeship system over non-self-governing territories
27. Preamble WE THE PEOPLES OF THE UNITED NATIONS DETERMINED to save succeeding generations from the scourge of war, which twice in our lifetime has brought untold sorrow to mankind, and to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small, and to establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained, and to promote social progress and better standards of life in larger freedom,
28. Preamble AND FOR THESE ENDS to practice tolerance and live together in peace with one another as good neighbours, and to unite our strength to maintain international peace and security, and to ensure, by the acceptance of principles and the institution of methods, that armed force shall not be used, save in the common interest, and to employ international machinery for the promotion of the economic and social advancement of all peoples,
29. Preamble HAVE RESOLVED TO COMBINE OUR EFFORTS TO ACCOMPLISH THESE AIMS Accordingly, our respective Governments, through representatives assembled in the city of San Francisco, who have exhibited their full powers found to be in good and due form, have agreed to the present Charter of the United Nations and do hereby establish an international organization to be known as the United Nations.
30. Chapter 1 – PurposesandPrinciples Article 1 The Purposes of the United Nations are: To maintain international peace and security, and to that end: to take effective collective measures for the prevention and removal of threats to the peace, and for the suppression of acts of aggression or other breaches of the peace, and to bring about by peaceful means, and in conformity with the principles of justice and international law, adjustment or settlement of international disputes or situations which might lead to a breach of the peace;
31. Chapter 1 – PurposesandPrinciples To develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, and to take other appropriate measures to strengthen universal peace; To achieve international co-operation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion; and To be a centre for harmonizing the actions of nations in the attainment of these common ends.
32. Chapter 1 – PurposesandPrinciples Article 2 The Organization and its Members, in pursuit of the Purposes stated in Article 1, shall act in accordance with the following Principles. The Organization is based on the principle of the sovereign equality of all its Members. All Members, in order to ensure to all of them the rights and benefits resulting from membership, shall fulfill in good faith the obligations assumed by them in accordance with the present Charter. All Members shall settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered.
33. Chapter 1 – PurposesandPrinciples All Members shall give the United Nations every assistance in any action it takes in accordance with the present Charter, and shall refrain from giving assistance to any state against which the United Nations is taking preventive or enforcement action. The Organization shall ensure that states which are not Members of the United Nations act in accordance with these Principles so far as may be necessary for the maintenance of international peace and security. Nothing contained in the present Charter shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state or shall require the Members to submit such matters to settlement under the present Charter; but this principle shall not prejudice the application of enforcement measures under Chapter Vll.
34. Thank you for your attention!