The document outlines the structure and functions of the six major organs of the United Nations:
1. The General Assembly is the main deliberative and policy-making body composed of all UN member states. It holds regular annual sessions to discuss international issues but cannot pass binding laws.
2. The Security Council is responsible for international peace and security with 15 members, including 5 permanent members. It can authorize enforcement actions with a unanimous vote of its permanent members.
3. The Economic and Social Council coordinates international economic and social cooperation among UN agencies and funds.
4. The International Court of Justice settles disputes submitted by UN states and provides advisory opinions to other UN organs.
5. The Trusteeship Council's operations
The document outlines the structure and functions of the six major organs of the United Nations:
1. The General Assembly is the main deliberative and policy-making body composed of all UN member states. It holds regular annual sessions to discuss international issues but cannot pass binding laws.
2. The Security Council is responsible for international peace and security with 15 members, including 5 permanent members. It can authorize enforcement actions with a unanimous vote of its permanent members.
3. The Economic and Social Council coordinates international economic and social cooperation among UN agencies and funds.
4. The International Court of Justice settles disputes submitted by UN states and provides advisory opinions to other UN organs.
5. The Trusteeship Council's operations
The document outlines the structure and functions of the six major organs of the United Nations:
1. The General Assembly is the main deliberative and policy-making body composed of all UN member states. It holds regular annual sessions to discuss international issues but cannot pass binding laws.
2. The Security Council is responsible for international peace and security with 15 members, including 5 permanent members. It can authorize enforcement actions with a unanimous vote of its permanent members.
3. The Economic and Social Council coordinates international economic and social cooperation among UN agencies and funds.
4. The International Court of Justice settles disputes submitted by UN states and provides advisory opinions to other UN organs.
5. The Trusteeship Council's operations
The document outlines the structure and functions of the six major organs of the United Nations:
1. The General Assembly is the main deliberative and policy-making body composed of all UN member states. It holds regular annual sessions to discuss international issues but cannot pass binding laws.
2. The Security Council is responsible for international peace and security with 15 members, including 5 permanent members. It can authorize enforcement actions with a unanimous vote of its permanent members.
3. The Economic and Social Council coordinates international economic and social cooperation among UN agencies and funds.
4. The International Court of Justice settles disputes submitted by UN states and provides advisory opinions to other UN organs.
5. The Trusteeship Council's operations
Download as DOCX, PDF, TXT or read online from Scribd
Download as docx, pdf, or txt
You are on page 1of 3
League of Nations
-its primary aim is to maintain and promote world peace through
disarmament and collective security United Nations Organization Structure of UN 6 Major Organs 1. UN Trusteeship Council - operations are indefinitely suspended since 1994 Suppose to supervise the administration of the UN trust territories -- territories that are previously held by the axis 2. Economic and Social Council (ECOSOC) Merely assist the General Assembly in promoting international economic and social cooperation and development Composed of 54 members elected by the GA who shall serve for 3 years Coordinates with other subordinate organs of United Nations Coordinates with international financial institutions for tapping international funds 3. Secretary General Secretariat - face of the UN Appointed by the GA upon the recommendation of the Security Council whose term shall 5 years NO rules on who shall be the Secretary General but the practice is: usually elected on the basis of geographical location Plays 3 key roles: : serves as the Chief Administrative Officer; he runs the headquarters of the UNO, including the hiring of staf : serves as the de facto spokesperson of the UNO : considered as a world mediator; under the UN Charter, the Secretary General has the authority to bring to the attention of the Security Council threats to international peace and security 4. General Assembly main deliberative and policy-making organ of the UNO Deliberative for the GA is the forum over which States voice out their concern over what is happening in the international community; does NOT have the power to pass laws that are enforceable to member states, ONLY RESOLUTIONS and NOT binding to member states but basis for future evolution of a customary international law Policy-making because GA holds the power of the purse Regular session: September to December of every year *Members right to vote is suspended when it fails to pay its due in an amount equivalent to or in excess of two (2) years contribution. *Suspension may only be held in abeyance if that state could prove that its non-payment of its contribution is due to causes beyond its control. 5. Security Council one of the more important organs of UNO Primary function: maintenance of international peace and security 15 members of the Security Council - permanent: US, UK, Russia, France, and China - non-permanent members: elected from the other member states for a term of 2 years *Under the UN Charter, there are 3 instances when use of force is justified: : when a state is engaged in an individual or collective self-defense : Security Council adopts enforcement measures (military and/or non-military economic sanctions and creation of military tribunals) *The Chief of Staf of the permanent members shall lay down the military strategy in case of military enforcement measures. : when there is an enforcement action by regional arrangement for security *How do the Security Council decide on matters brought before it? Under the UN Charter, the Security Council has the power to determine whether matters brought before it are procedural or substantial in nature. procedural: 9 affirmative votes are required from the UN Security Council including the 5 permanent members *Non-permanent members may prevail over the permanent members even if they exercise their veto powers. - substantial: at least 9 affirmative votes including ALL permanent members *Permanent members may actually exercise 2 veto powers (double veto) *Even if one permanent member will exercise its veto power, it can defeat all of the other 4 permanent members and the 10 nonpermanent members. *in dealing with a substantial matter and the affirmative votes of ALL the permanent members are required, it is referred to as Great Powers Unanimity. *A non-UN member may seek refuge from Security Council but the moment it does that, such state must agree to settle whatever dispute it may have with other State through Pacific means or peaceful means, and if not settled, Security Council shall provide enforcement measures. Such state, in efect, becomes an informal party to the UN Charter. Military Staf Committee undertakes the field operation of the Security Council
6.
International Court of Justice based in the Netherlands
Primary judicial organ of the UNO In order to exercise jurisdiction over states, concern states must give their consent to ICJ (ICJ, CANNOT on its own, adjudicate international legal disputes) 2 kinds of Jurisdiction :jurisdiction over disputed cases =Ordinary jurisdiction of ICJ :discharges advisory opinions :on matters referred to it by the other organs of UN including subsidiary organs Operations of the ICJ are based on its Statute *Can a non-UN member bring a dispute to the ICJ? =Once a state becomes a member or a signatory to the UN charter, automatically, it becomes a signatory to the ICJ Statute. =If a state is NOT a signatory to the UN Charter, but wants to be a party to the ICJ Statute, it may do so upon the recommendation of the Security Council and upon the majority vote of the General Assembly. =NOT a signatory to the UN Charter nor a party to the ICJ, can NEVER fall under the jurisdiction of ICJ for ICJ shall ONLY have jurisdiction over signatories of the ICJ Statute. Members: 15 judges Term: 9 years Selection of ICJ Judges under ICJ Statute :nomination done by national groups as classified by the Permanent Court of Arbitration (PCA) (1889 Hague Convention Settlement of International Disputes) -can adjudicate disputes not only among states but private individuals and corporations -commercial, territorial in nature for as long as parties submitted to its jurisdiction :submitted to Secretary General for listing nominees in alphabetical order :submitted to Security Council and General Assembly to elect ICJ judges independent of each other -absolute majority vote of both SC and GA -if failed to come up with absolute majority vote after 3 rounds it shall be :referred to joint conference committee to choose from among the candidates whom they will endorse to the SC and GA as a judge -generally, they could only endorse somebody who obtained the majority votes from either from SC or GA but by a unanimous vote, they may endorse to the SC or GA a nominee other than that who obtain the majority votes either from SC or GA. :in the event wherein the persons who were endorsed by the joint conference committee, the SC and GA were not able to elect from them, the decision shall be left to the remaining members of the ICJ who will elect the judge who will fill-up the vacancy but they can only elect from those who obtained majority votes from either of the SC or GA. Qualifications: -good moral character -highest judicial office in his/her respective country -jurist consult of recognized competence in the international law Removal: Under ICJ Statute, judges may be removed by a unanimous vote of the other members on the ground that he/she ceases to fulfil the required condition; unable to fulfil his duties attributable by age or sickness (physical or mental) NO appeal, however, parties to a legal dispute before the ICJ may seek clarification as to the extent and scope of the judgment; or move for revision of judgment if there is a newly discovered evidence within the period of 6 months from the discovery of the fact Once parties have submitted themselves to the jurisdiction of the ICJ, there are other matters that they have to accept: -jurisdiction of the ICJ as regards to the interpretation of a treaty -any question of international law -existence of fact which if established would constitute to a breach of international obligation -the nature and extent of the reparation to be made for the breach of international obligation (subject to the discretion of ICJ)
UN Charter: Supremacy Clause/International Constitutional Supremacy Clause
(Article 103) If ever there is a conflict between the obligation of a state under the UN charter and its obligations under other treaties, its obligation under the UN charter shall prevail. Rights of a State may be suspended under the UN Charter if it is a subject of enforcement measures by the Security Council (violator) *ICJ officer is NOT suspended; he serves the UN and NOT his country *suspension connotes that a State could NOT exercise its rights and privileges under the UN Charter (right to vote nor its citizens hold any position in any of its organs) *in order to suspend a state, 2/3 vote of the members of the GA upon the recommendation of the Security Council
*Credentials known as consular commission is the one issued by the sending
state embodying the authority of the Consular Representative to act on behalf of it.
Diplomatic and Consular Relations
Diplomatic Relations a state was able to establish friendly relations with other states Diplomatic Mission it usually carries with it the establishment of an embassy - Bears with it comprehensive functions; politically, economically, militarily wise and all the other aspects of governance - Functions of a diplomatic mission: PORN-P -Protection -Observation -Representation -Negotiation -Promotion & advertisement of friendly relations with other states Consular Mission combined to economic concerns, trade concerns *When a state allows another state to establish diplomatic mission that carries with it the authority of allowing the establishment of consular mission. When a state allows another state to establish a consular mission, it does not carry with it that the state is allowed to establish a diplomatic mission.
1.
2.
3.
4. 5.
6.
Consular Protection & Assistance
1. Consular notification -apprises a citizen that he has the right to request that his consular office in the receiving state be notified 2. Consular communication and access -providing a lawyer; consular office must communicate with its citizens *Consular officials may also be declared persona non grata. Rights and Privileges of Consular Officials 1. Inviolability of consular premises -consent is deemed to have been given in case of fire or other disaster requiring prompt protective action 2. Personal inviolability -Consular Representatives NOT exempt from crime but CANNOT be detained while trial is going on but soon as they are convicted by competent tribunal, they can be prosecuted 3. Freedom of communication -consular bag = may be opened for SERIOUS REASONS that it may be requested for it to be search. If request is NOT granted, consular bag may NOT be allowed entry it may only allowed to revert back from its point of origin. 4. Freedom of movement same with Diplomatic Officials Concept of Special Mission Ad hoc advocacy = temporary; as soon as it has fulfilled its mission or function, its existence officially terminates Missions that are entrusted in a specific diplomatic mission; NOT continuing, only for a specific purpose *Head of special mission are entitled to the same rights and privileges given to ordinary Diplomatic Representatives. They may be declared persona non grata if they are not acceptable but does not need to undergo agration.
*Performance of diplomatic mission functions are performed by diplomatic
representatives. Before they are allowed to function, they must undergo the process of accreditation called agration. Concept of Agration: If a sending state would like to send its diplomatic representative to the receiving state, there must be consent from the receiving state. *The moment the sending state will insist on a particular diplomatic representative, who is unacceptable to the receiving state, the receiving state could always reject that diplomatic representative by not recognizing such diplomatic representative and may be declared persona non grata, in efect, his authority representing the sending state is officially terminated. *If the proposed diplomatic representative is acceptable to the receiving state, there is a document issued to him known as agrment. Thus, he may officially assume his office. The reckoning period of the assumption of office is upon the presentation of his credentialsauthority issued by the sending state. *When the receiving state does not issue an agreement, it is not obliged to explain for its refusal to accept the diplomatic representative. Head of Mission the one who heads the diplomatic mission -ambassador or nuncio diplomatic area is a major one -envoys, ministers, & internuncios -chargs d afaires *If one ambassador will serve in two or more diplomatic missions, it requires the consent of the receiving state. *Diplomatic staf approval of receiving state is also necessary. *Doyen or dean of the diplomatic service- determined by the most senior in servicethe one presented first his credentials. It does not employ additional powers; he shall only serve as the de facto states person of all the diplomatic representatives in the receiving state. Diplomatic Representative and Diplomatic Staf Privileges Use of the flag and emblem of the sending state on the premises of the Diplomatic Mission The inviolability of the premises of the mission Consequences: =the receiving state has the duty to refrain from entering the premises except when the consent of the head of the mission is given *search warrants CANNOT be issued in a diplomatic mission NOR compulsory processes be served =the receiving state has the special duty to protect the premises of the mission against any intrusion or damage or impairment of its dignity; it also includes the official residence of the head of the Diplomatic Mission Personal inviolability of a diplomatic agent =duty of the receiving state to refrain from exercising its sovereignty rights particularly law enforcement powers =treat them with due respect & protect his person, freedom or dignity *Civil cases which causes of action emanated from his performance of his official function and criminal suits, head of mission is exempted. These privileges may be waived. Freedom from movement subject to security restrictions Freedom of communication exemplified by the observance of diplomatic bag any package, any communication which is declared by the head of mission as part of its diplomatic immunity; thus, ABSOLUTELY immuned from search to secure information gathered by the mission. Exemption from taxation (income tax, realty taxes) except payment for the services rendered, indirect tax, inheritance duties Why are these privileges and immunities granted? 1. Extraterritoriality theory -The Diplomatic Mission, particularly its premises, is just the extension of the territory of the sending state. 2. Representation Theory -privileges and immunities are granted to Diplomatic Representatives because they personify the sending state 3. Theory of Functional Necessity -privileges and immunities are granted because they are indispensable in the performance of the functions of the Diplomatic Mission Consular Relations they only perform commercial, economic, cultural, and scientific relations Consular Representatives may be required to perform administrative functions: -birth registration = acts as a civil registrar -notarizes documents = red ribbon -casting votes and voters registration *Consular Representatives also go through the process of accreditation and issued exequatur.
Law of Treaties governed by Vienna Convention on the Law of Treaties
entered on January 27, 1980 = govern treaties that entered into by states *If the parties are non-statal entities, they are NOT governed by the Vienna Convention on the Law of Treaties entered into force = efectivity date *When states into a treaty with non-statal entities, it is equivalent to an express waiver. The state is allowing itself to be sued, in the same way that the state can sue the non-statal entity.
1. 2. 3. 4.
Requirements in order that a treaty may be covered by the Vienna Convention
on the Law of Treaties There must be an agreement between the states It must be in writing It must govern matters governed by international laws The treaty must have been approved (ratified) by the States in accordance with their respective Constitutional processes Soft law subject of the treat is NOT a subject of international lawNON-TREATY It is enforceable but the manner of enforcing it is difficult
Stages in treaty-making/approving a treaty
1. Negotiation parties agree on the terms or provisions of the treaty; synonymous to the meeting of the minds *when it is a bilateral treaty, it must be a unanimous agreement *when it is a multilateral treaty, they negotiate through conference. As a general rule 2/3 vote of those who participated is needed; the state may agree otherwise. 2. Signature process of authenticating the text of the treaty *When a representative affixes his signature in a treaty, he is just certifying that the contents of the proposed treaty are the very same terms that were deliberated upon during the conference. 3. Ratification treaty shall be ratified in accordance with Constitutional processes 4. Exchange of instrument of ratification instrument of ratification shall be deposited to a designated depositaryentrusted with the diferent instruments of ratification for safekeeping *For UN, the depositary is the Secretariat. If ever states will enter into a treaty and they do NOT deposit that treaty to the UN Secretariat, they could NOT invoke the same before any UN organ including the ICJ. *It is NOT always the UN Secretariat who shall be the depositary; parties may enter into an agreement on who will be the depositary. Accession party which bound itself to the provision of a treaty to which it is NOT an original party; it did NOT participate in the crafting of a treaty by exchange of accession but it may ONLY be allowed if parties EXPRESSLY agreed thereto. Concept of Full Powers refers to the document/instrument which embodies the authority of a person to represent his state for the purpose of concluding a treaty *Need NOT be armed of full powers -head of State, head of Government, or ministers of foreign afairs for the purpose of performing ALL acts relating to the conclusion of a treaty -heads of diplomatic mission/ambassadors ONLY on negotiation and signature -representative accredited by states in an international conference or international organization ONLY on negotiation and signature Concept of Entry into Force of a Treaty
-Treaties may be entered into force:
-on date specified/determined by the parties; or -upon the fulfilment of specific condition
Grounds in INVALIDATING a treaty
1. error, fraud, coercion or corruption of a representative of a state 2. violation of certain provisions of internal law regarding competence to conclude treaties *Article 27 of VC. A state may NOT invoke its internal law in order to extricate itself or evade the performance of its treaty obligations *purpose of ratification -review whether the provisions of a treaty coincide with the provisions of its existing internal laws -whether the proposed treaty is beneficial to the state or not 3. if there is national breach 4. conflict with jus cogens norm; takes precedence over a treaty 5. if the performance of a treaty becomes impossible on the ground of fundamental change of circumstance (Doctrine of Clausula Rebus Sic Stantibus at the time that the treaty was entered into there is an existing circumstance but at the time on which the obligation is to be performed, there was already a material change of circumstance that makes it impossible for a state to perform its obligation under the treaty) *When a state acts the termination of a treaty on the ground of rebus sic stantibus, in efect, it wants to extricate itself from the performance of a treaty obligation. *The treaty, itself, already provides the manner by which the states deal with breaches of its provisions. Doctrine of Reservation unilateral statement made by a party state which seeks to exclude or to modify the legal efect of certain provisions of that treaty in their application to that state Requisites of a Valid Reservation
-in writing & must be communicated to other contracting parties
-it can ONLY be done when the treaty allows for reservation General Rule: Reservation is allowed. Exception: 1. reservations are expressly prohibited by the treaty 2. treaty provides NOT only specified reservations which do NOT include the reservation in question 3. when reservation is incompatible with the object and the purpose of the treaty *If the treaty allows for reservation, NO acceptance is needed. However, if the treaty does NOT expressly allow reservation, that is the time that the reservation needs to be accepted by contracting states. *If the treaty does NOT expressly allow a reservation but a reservation is made and such is accepted by one contracting state and NOT by the others, the reservation will ONLY afect or modify the obligation of the state who accepted such but it will NOT modify in so far as other contracting states are concerned, thus, the original treaty still exists. Basic Principles in treaty-making *Article 27 of Vienna Convention on the Law of Treaties: A party may not invoke the provisions of its internal law as justification for its failure to perform a treaty. *Article 26 of Vienna Convention on the Law of Treaties: Every treaty in force is binding upon the parties to it and must be performed by them in good faith. Pacta Sunt Servanda *Article 103 Supremacy Clause: Whatever treaty obligation a state may have under existing treaties, those are inferior as compared to the obligation of a state under the UN Charter.