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The United Nations

The United Nations. UN – general overview. The failure of the League of Nations Purposes and Principles (Arts. 1-2)

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The United Nations

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  1. The United Nations

  2. UN – general overview • The failure of the League of Nations • Purposes and Principles (Arts. 1-2) • “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.” (Art 2 § 6) • “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 VII.” (Art 2 § 7) • Development from 1945 to the present

  3. Organisation • Six principal organs • Trusteeship Council suspended activities in 1994 • Subsidiary organs • Who may establish and for what purposes? • Specialized agencies • IGOs brought into relationship with the UN by agreement (Arts 57, 63-64)

  4. Security Council • Composition (Art. 23) • The role of the P5s • Decision-making (Art. 27) • Decisions on procedural matters are made by an affirmative vote of nine members (comp Arts 28-32) • ”Decisions of the Security Council on all other matters shall be made by an affirmative vote of nine members including the concurring votes of the permanent members”.

  5. Powers of the UNSC • Maintenance of of int’l peace and security • Specific powers (Art. 24 § 2) • General powers (Art. 24 § 1) • Other powers (Arts 4 § 2, 5-6, 94, 96) • Which decisions are legally binding? (Art. 25) • Decisions according to Chap VII? • All decisions? • All decision, save for recommendations?

  6. General Assembly • Composition (Art. 9) • Sessions • Regular • Emergency Special • Special • Decision-making (Art. 18) • Important questions • Other questions

  7. Powers of the UNGA • Any question or matter (Art. 10) • The general principles (Art. 11 § 1) • Any question relating to maintenance of int’l peace and security (Arts. 11 §§ 2-3) • Peaceful adjustment of situation (Art. 14) • Promoting int’l co-operation (Art. 13) • Internal affairs • Are decisions of the Assembly legally binding?

  8. Overlapping powers • Powers to make recommendations according to Arts. 10, 11(2) and 14 apply ”except as provided in Article 12” • Art. 11 § 2: ”Any such question on which action is necessary” • Certain Expenses Case • Art. 12 § 1: ”While the Security Council is exercising … the functions assigned to it” • Uniting for Peace Res. (1950)

  9. Subsidiary organs • What powers can be conferred on a subsidiary organ? • Arts. 22, 29, 68: ”for the performance of its functions” • Art. 7(2): ”Such subsidiary organs as may be found necessary may be established in accordance with the present Charter”. • Effect of Awards (1954) • Tadić (1995)

  10. Effect of Awards • “Under international law, the Organization must be deemed to have those powers which, though not expressly provided in the Charter, are conferred upon it by necessary implication as being essential to the performance of its duties.“ (ICJ Rep 1954, p. 56) • The relevanceof Art. 105 • “In these circumstances, the Court finds that the power to establish a tribunal, to do justice as between the Organization and the staff members, was essential to ensure the efficient working of the Secretariat, and to give effect to the paramount consideration of securing the highest standards of efficiency, competence and integrity. Capacity to do this arises by necessary intendment out of the Charter.” (p. 57) • Furtherreference to Arts. 7(2), 22 and 101

  11. Tadić • “The establishment of the International Tribunal by the Security Council does not signify, however, that the Security Council has delegated to it some of its own functions or the exercise of some of its own powers. Nor does it mean, in reverse, that the Security Council was usurping for itself part of a judicial function which does not belong to it but to other organs of the United Nations according to the Charter. The Security Council has resorted to the establishment of a judicial organ in the form of an international criminal tribunal as an instrument for the exercise of its own principal function of maintenance of peace and security, i.e., as a measure contributing to the restoration and maintenance of peace in the former Yugoslavia.” (para. 38)

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