UNITED

NATIONS

BY: SHRUTI SINGH

Assistant Professor,
Symbiosis Law School, Hyderabad
History
• The term UN was coined by Franklin D. Roosevelt; it was first used in the
“Declaration by United Nations” of 1 Jan. 1942 when representatives of 26
nations pledged their governments to continue fighting together against the
Axis Powers
• The Atlantic Charter (1941)- Principles laid down by President Rosevelt and
Prime Minister Churchill(did not contemplate the establishment of an
organization of States)
• Declaration by United Nations (1942)- Roosevelt, Churchill, Litvinov (USSR),T.
V. Soong (China) signed a short document which later came to be known as
the United Nations Declaration,
representatives of 22 other nations
added their signatures.
• Dumbarton Oaks (1944)- Representatives of the same 4 Governments met to
lay down the foundations of the future world organization. Another important
feature:member states were to place armed forces at the disposal of the
Security Council in its task of preventing war and suppressing acts of
aggression.
The absence of such force -a fatal weakness in the League of Nations machinery
for preserving peace
• San Francisco Conference(1945)- Representatives of 51 states met to draw up
the UN Charter. It was unanimously approved and signed by all the
participating States (by 50 states ), original members of the UN .
• SIGNED ON 26 JUNE, 1945
United Nations: Introduction
• The United Nations(UN) was established at the conclusion of the Second
World War
• It is an international organization established on October 24, 1945.
• It was the second multipurpose international organization established in the
20th century.
• Its predecessor was the League of Nations, was created by the Treaty of
Versailles in 1919 and disbanded in 1946.
• The UN is Headquartered in New York also has regional offices
in Geneva, Vienna, and Nairobi.
• Its official languages are Arabic, Chinese, English, French, Russian,
and Spanish. For a list of UN member countries and secretaries-general
Purpose (Article 1)
• To maintain international peace and security and to take effective
collective measures for the prevention and removal of threats to the
peace.
• To develop friendly relations among nations based on respect for the
principle of equal rights and self-determination of peoples
• To achieve international co-operation in solving international
problems of an economic, social, cultural or humanitarian character.
• To be a centre for harmonizing the actions of nations in the
attainment of these common ends.
UN Principles (Article 2)
1: It is based on the sovereign equality of all members
2: All members are to fulfil in good faith their Charter obligations
3: They are to settle their international disputes by peaceful means and without
endangering international peace, security and justice
4: Members are to refrain from the threat or use of force against any other state
5: They are to give the UN every assistance in any action it takes in accordance
with the Charter
6: Responsibility of Non-members
7: Nothing in the Charter is to authorize the UN to intervene in matters which
are essentially within the domestic jurisdiction of any state
The UN Charter
• The Charter of the United Nations is not only the multilateral treaty
which created the organisation and outlined the rights and obligations of
SIGNATORY STATES.
• It lays down functions and prescribing its limitations.(The recognition of
the sovereignty and independence of the member states).
• The Principle of Non- Interference: Under article 2(7) of the Charter, the
UN may not intervene in matters essentially within the domestic
jurisdiction of any state (Enforcement of Chapter VII Measures).
• This provision lead to many debates in the UN and accepted that colonial
issues were not to be regarded as falling within the article 2(7)
restriction.
Principle Organs of UN (Article
7)
• The UN has six principal organs.
• The General Assembly,
• The Security Council,
• The Economic and Social Council,
• The Trusteeship Council,
• The Secretariat and
• The International Court of Justice
General Assembly Art 9-22
• It is the only body where all UN members are represented.
• It exercise deliberative, supervisory, financial, and elective functions relating to any
matter within the scope of the UN Charter.
• It discuss issues and make recommendations but has no power to enforce its
resolutions or to compel state action.
• 5 representatives per country – ONE VOTE
• President- elected each year by GA to serve for one-year term of office.
• Admitting new members on recommendation of Security council,
• It also supervising the activities of the other UN organs.
• It also participate in in the election of judges to the International Court of Justice and
the selection of the secretary-general.
• Decisions usually are reached by a simple majority vote.
• For the admission of new members, budgetary matters, and peace and security issues
Security Council Art 23-32
• It is the executive organ of limited membership and functioning continuously.
• The primary responsibility is the maintenance of international peace and security.
• The Security Council consists of fifteen members, five of them being permanent
members (USA, UK, Russia, China and France) chosen on the basis of power politics in
1945, have the veto.
• Under Article 27 of the Charter, on all but procedural matters, decisions of the
Council must be made by an affirmative vote of nine members, including the
concurring votes of the permanent member countries.
• A negative vote is sufficient to veto any resolution of the Council.
• For procedural questions all the nine affirmative votes are required.
• The question of how one distinguishes between procedural and non-procedural
matters is also subject to veto.
• Non- permanent members- elected by GA for 2 year term of office.
• Article 25: Resolutions passed by SC are binding in nature.
The Permanent Committees of SC
• The UNSC has three permanent committees,
• Committee of Experts on Rules of Procedure
• Committee on Admission of New Members and
• Committee on Council meeting away from Headquarters.
• There are also ad hoc committees, such as the Governing Council of
the United Nations Compensation Commission established by
Security Council resolution
Economic and Social Council

• It directs and coordinates and empowered to recommend

international action on economic and social issues;
• 54 members, who serve for three-year terms (18 members elected
each year)
• It promotes universal respect for human rights; and work for global
cooperation on health, education, and cultural and related areas.
• ECOSOC conducts studies and formulates resolutions,
recommendations, and conventions for consideration by the General
Assembly; and coordinates the activities of various UN programs and
specialized agencies.
Trusteeship Council
• It is designed to supervise the government of trust territories and to
lead them to self-government or independence.
• Like the League of Nations, TC was established on the premise that
colonial territories taken from countries defeated in war should not
be annexed by the victorious powers but should be administered by a
trust country under international supervision until their future status
was determined.
• It can also invite petitions from trust territories on their independence
and required periodic international missions to the territories.
• Palau was last trust territory
 Secretariat
• The principal administrative officer of the United Nations.
• It is elected for a five-year renewable term by a two-thirds vote of the General Assembly and
by the recommendation of the Security Council and the approval of its permanent members.
• Secretaries-general usually have come from small, neutral countries.
• The secretary-general serves as the chief administrative officer at all meetings and carries out
any functions that those organs entrust to the Secretariat;
• He also oversees the preparation of the UN’s budget.
• The secretary-general has important political functions, being charged with bringing before
the organization any matter that threatens international peace and security.
• Informs the world’s media about the work of the UN, organizes international conferences,
translates documents into the official languages

• CURRENT- Antonio Guterres

 International Court of Justice
• The principal judicial organ of the UN
• Settles legal disputes between states
• Gives advisory opinions to the UN
• Open to all member states; not open to private persons and entities or international organizations
• 15 judges elected by the General Assembly and the Security Council, voting independently for a 9
year term. (1/3rd retire every 3 years)
• No two judges can have the same nationality in the ICJ.
• President and Vice-president- appointed for 3 years
• Judgment will be final with no appeal- Article 60
• The members of the ICJ do not represent their governments but are independent magistrates.
• Doctrine of Forum Prorogatum
• The advisory procedure is available to five UN Organs, fifteen Specialized
Agencies, and one Related Organisation.
 Jurisdiction (Article 36)
Doctrine of forum prorogatum

Voluntary36(1): Ad hoc36(1): Compulsory36(2): Transferred36(5):

Consent in After dispute, State can declare that they Declaration under PCIJ
recognize transferred to ICJ
advance by States give as compulsory ipso facto and
agreement consent without special agreement, in
relation to any other state
through accepting the same
special obligation, the jurisdiction of
agreement. the Court in all legal disputes
concerning:
• Interpretation of treaty
• Any question of IL
• Extent &nature of
reparation
• Breach of Inter obligation