INTERNATIONAL LAW

UNITED NATIONS
WHAT IS THE UNITED NATIONS?

The United Nations is a unique organization composed of independent countries that have come together
to work for world peace and social progress. The Organization formally came into existence with just 51 countries.
By 2012, the membership of the United Nations had grown to 193 countries.

The United Nations was initially conceived as a wartime alliance on 1 January 1942 and established as an
international organization on 24 October 1945. To commemorate the creation of the United Nations, the world
celebrates United Nations Day each year on 24 October.

The name “United Nations”, coined by United States President Franklin D. 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

How did the United Nations begin?

The idea of the United Nations was born during World War II (1939-1945). World leaders who had
collaborated to end the war felt a strong need for a mechanism that would help bring peace and stop future wars.
They realized that this was possible only if all nations worked together through a global organization. The United
Nations was to be that Organization.

Where did the name “United Nations” come from?

The name “United Nations” was suggested by United States President Franklin D. Roosevelt. It was first
officially used in 1942, when representatives of 26 countries signed the Declaration by United Nations. As a tribute
to President Roosevelt, who died a few weeks before the signing of the Charter, all those present at the San
Francisco Conference agreed to adopt the name “United Nations”.

Was this the first time that such an organization had been created?

A similar organization, the League of Nations, was set up in 1919, following World War I. Its main objective
was to keep world peace. However, not every country joined the League. The United States, for example, was never
a member. Others that had joined later quit, and the League often failed to take action. Though it did not succeed,
the League ignited a dream for a universal organization. The result was the United Nations.

So, the United Nations is like a world government?

Wrong. Governments represent countries and peoples. The United Nations represents neither a particular
government nor any one nation. It represents all its Members and does only what the Member States decide that it
should do.

Purposes and principles The purposes of the United Nations, as set forth in the Charter, are:

 to maintain international peace and security;

 to develop friendly relations among nations based on respect for the principle of equal
 rights and self-determination of peoples
 to cooperate in solving international economic, social, cultural and humanitarian
 problems and in promoting respect for human rights and fundamental freedoms;
 to be a centre for harmonizing the actions of nations in attaining these common ends.

The United Nations acts in accordance with the following principles:

 it is based on the sovereign equality of all its members;

 all members are to fulfill in good faith their Charter obligations;
 they are to settle their international disputes by peaceful means and without endangering
 international peace and security and justice; they are to refrain from the threat or use of force against any
other state;
 they are to give the United Nations every assistance in any action it takes in accordancewith the Charter;
 Nothing in the Charter is to authorize the United Nations to intervene in matters which are essentially
within the domestic jurisdiction of any state.
 TIMELINE ON THE DEVELOPMENT OF THE UNITED NATIONS

28 June 1919 Creation of the League of Nations

14 August 1941 Adoption of the Atlantic Charter
1–2 January 1942 Declaration by United Nations
October-December1943 Moscow and Tehran Conferences
Summer/autumn 1944 Dumbarton Oaks proposals
11 February 1945 Yalta Conference
26 June 1945 Adoption of the Charter of the United Nations
24 October 1945 Creation of the United Nations
10 January 1946 First Session of United Nations General Assembly in London
12 April 1946 Final Meeting and Dissolution of the League of Nations

Is there a set of rules or principles that guides the United Nations in its work?

Yes, the Charter of the United Nations. It is a set of guidelines that explains the rights and duties of each
Member country, and what needs to be done to achieve the goals they have set for themselves. When a nation
becomes a Member of the UN, it accepts the aims and rules of the Charter.

UNITED NATIONS CHARTER

The Charter is the constituting instrument of the Organization, setting out the rights and obligations of
member states, and establishing the United Nations organs and pro cedures. An international treaty, the Charter
codifies the major principles of interna tional relations — from the sovereign equality of states to prohibition of the
use of force in international relations in any manner inconsistent with the purposes of the United Nations.

STRUCTURE OF THE ORGANIZATION

The work of the United Nations is carried out almost all over the world by six principal organs:

 General Assembly
 Security Council
 Economic and Social Council
 Trusteeship Council
 International Court of Justice
 Secretariat

1. GENERAL ASSEMBLY

The General Assembly is the main deliberative organ. 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 powers:

discusses and makes recommendations on any subject, except those being considered at the same time by
the Security Council
discusses questions related to military conflicts and the arms race
discusses ways and means to improve the status of children, youths, women and others
discusses issues related to sustainable development and human rights
decides how much each Member State should pay to the United Nations and how this money is spent

Examples of actions taken by the General Assembly

In September 2000, the General Assembly adopted the United Nations Millennium Declaration, a global
commitment to reduce extreme poverty, with a deadline of 2015, which has become known as the Millennium
Development Goals.

2. SECURITY COUNCIL

The Security Council has “primary responsibility for the maintenance of international peace and security.”
There are 15 member-states, five of them permanent (China, France, Russia, UK, and US) the others are elected 2-
year terms in accordance with equitable geographic representation.
Functions The Security Council:

investigates any dispute or situation that might lead to international conflict

recommends methods and terms of settlement
recommends actions against any threat or act of aggression
recommends to the General Assembly who should be appointed as Secretary General of the United Nations

Examples of actions taken by the Security Council

1. The Council established two international criminal tribunals to prosecute those responsible for war crimes and
crimes against humanity in the former Yugoslavia and in Rwanda during the 1990s.

2. Following the terrorist attacks on the United States on 11 September 2001, the Council established its Counter-
Terrorism Committee to help States increase their capability to fight terrorism.

3. ECONOMIC AND SOCIAL COUNCIL (ECOSOC)

The Economic and Social Council (ECOSOC) is the forum for discussion of economic questions, such as trade,
transport and economic development, and social issues, such as poverty and better livelihoods. It also helps countries reach
agreements on how to improve education and health conditions and how to promote respect for, and observance of, universal
human rights and freedoms of people everywhere.

Functions The ECOSOC is the principal organ that:

promotes higher standards of living, full employment, and economic and social progress
identifies solutions to international economic, social and health problems
facilitates international cultural and educational cooperation
encourages universal respect for human rights and fundamental freedoms

The ECOSOC has the power to make or initiate studies and reports on these issues. It is also involved in the preparation
and organization of major international conferences in the economic, social and related fields and is involved in the practical
follow-ups to these conferences.

4. TRUSTEESHIP COUNCIL

The Trusteeship Council was established by the Charter in 1945 to provide international supervision for 11 Trust
Territories placed under the administration of 7 member states, and ensure that adequate steps were taken to prepare the
Territories for self-government or independence. The Charter authorized the Trusteeship Council to examine and discuss
reports from the Administering Authority on the political, economic, social and educational advancement of the peoples of
Trust Territories; to examine petitions from the Territories; and to undertake special missions to the Territories.

5. INTERNATIONAL COURT OF JUSTICE

Located at The Hague, in the Netherlands, the International Court of Justice is the principal judicial organ of the United
Nations. It settles legal disputes between states and gives advisory opinions to the United Nations and its specialized agencies.
Its Statute is an integral part of the United Nations Charter.

Jurisdiction
The Court’s jurisdiction covers all questions that states refer to it, and all matters provided for in the United Nations
Charter, or in international treaties and conventions. States may bind themselves in advance to accept the jurisdiction of the
Court, either by signing a treaty or convention that provides for referral to the Court or by making a declaration to that effect.
Such declarations accepting compulsory jurisdiction often contain reservations excluding certain classes of disputes.

In accordance with its Statute, the Court decides disputes by applying:

international conventions establishing rules expressly recognized by the con-

testing states;
international custom as evidence of a general practice accepted as law;
the general principles of law recognized by nations; and
Judicial decisions and the teachings of the most qualified scholars of the various nations.

6. SECRETARIAT

The Secretariat — consisting of international staff working in duty stations around the world — carries out the
diverse day-to-day work of the Organization. It services the other principal organs of the United Nations and administers the
programs and policies laid down by them. At its head is the Secretary-General, who is appointed by the General Assembly on
the recommendation of the Security Council for a five-year, renewable term.
 The Secretariat is the principal organ that:

administers peacekeeping operations, mediates international disputes and organizes humanitarian relief programs
surveys economic and social trends, prepares studies on human rights, sustainable development and other areas of
concern, and publishes a variety of publications
lays the groundwork for international agreements
informs the world—the media, governments, non-governmental organizations, research and academic networks,
schools and colleges and the general public—about the work of the United Nations
assists in carrying out the decisions of the United Nations organizes international conferences on subjects of vital
concern for humankind
interprets speeches and translates documents into the six official languages of the United Nations

SECRETARY GENERAL

The Charter of the United Nations describes the Secretary-General as the chief administrative officer of the
Organization, who shall act in this capacity and perform “functions as are entrusted” to him or her by the General Assembly,
Security Council, Economic and Social Council and other United Nations organs

The Secretary-General:
proposes issues to be discussed by the General Assembly or any other organ of the United Nations
brings to the attention of the Security Council any problem that he or she feels may threaten world peace
acts as a “referee” in disputes between Member States
offers his or her “good offices”—steps taken publicly and in private, drawing upon the Secretary-General’s
independence, impartiality and integrity, as well as his or her prestige and the weight of the international community,
to prevent international disputes from arising, escalating or spreading.

Prepared by:

DEO EMMANUEL AGUILLON and MARVIN HERNANDEZ

Reporters