UNITED NATIONS and the functions of General Assembly and Security Council

About General Assembly and Security Council

1. UNITED NATIONS ORGANISATION

2. The term “United Nations” was suggested by Franklin D. Roosevelt. The term was first used in the Declaration by United Nations of January 1, 1942. Timeline on development of Human Rights prior to 20 th century: Magna Carta,1215 Petition of Rights,1628 Bill of Rights,1689 Virginia Declaration, 1776 Constitution of US, 1787 French Declaration of the Rights of Man and Citizen,1789

3. Timeline after 20 th century: 1) London Declaration Took place on 12 June, 1941 at St. James Palace. Representatives of Britain, Canada, Australia, New Zealand & South Africa. Starting point. 2) Atlantic Charter 14 August,1941 President Franklin D. Roosevelt and Prime Minister Winston Churchill. 3) United Nations Declaration 1 January, 1942. Representatives of 26 States Washington

4. 4) Moscow Declaration 30 Oct, 1943 Foreign Ministers of the United Kingdom, the United States, Russia & China 5) Tehran Declaration 1 Dec.,1943 President Roosevelt, Joseph Stalin & Prime Minister Churchill 6) Dumbarton Oaks Declaration 7 Oct, 1944 Representatives of the Governments of Great Britain, the United States, Russia and China.

5. 7) Yalta Conference Feb, 1945 Churchill, Roosevelt, Stalin 8) San Francisco Conference 25 April-26 June, 1945 50 nations participated UN Charter was signed on 26 th June, 1945 It came into force on 24 th October, 1945

6. UN CHARTER

7. Article 1 of the UN Charter : Purposes of UN 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; 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.

8. Article 2: Principles Principle of Sovereign Equality: The Organization is based on the principle of the sovereign equality of all its Members. Fulfillment of Obligation: All Members are required to fulfill in good faith the obligations assumed by them in accordance with the present Charter. Peaceful Settlement of International Disputes: All Members shall settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered. Non-use of Force: All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations. Assistance to the UN: 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. Non-Member States: To 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. Non-intervention in Domestic Matters of a State: United Nations is neither authorised to intervene in matters which are essentially within the domestic jurisdiction of any state nor shall require the Members to submit such matters to settlement under the present Charter .

9. Article 3,4: Membership of the United Nations 2 types of membership: 1) Original members: Art. 3 2)Subsequent members: Art. 4 Original Members: States which signed the UN Declaration, 1942 + States who signed and ratified the UN Charter (both inclusive). Except Poland – signatory to UN Declaration but did not participate at the San Francisco Conference.

10. Subsequent members: States which are admitted subsequently by the decision of the General Assembly on the recommendation of the Security Council. Conditions to be fulfilled for being admitted as a member under Art. 4 para 1: Membership is open for peace loving States only States must accept the obligations contained in the UN Charter States must be able and willing to carry out the obligations contained in the Charter. ICJ gave an advisory opinion stating about 5 conditions of admission of States to Membership in UN in 1948. T hese are: Must be a State Must be peace-loving Must accept obligations under the UN charter Must be able to carryout the obligations Must be willing to do so.

11. Article 5: Suspension of Members Article 6: Expulsion of Members ORGANS OF UN: General Assembly – Chapter IV Security Council – Chapter V Economic and Social Council – Chapter X Trusteeship Council- Chapter XIII The Secretariat – Chapter XV International Court of Justice – Chapter XIV

12. General Assembly– Chapter IV (Art. 9-22) 1) Composition: Consist of all the members of the UN (193 Member States) Each of them possess equal status They shall not have more than 5 representatives in the GA They held regular sessions or annual sessions (once a year) Further special sessions are held within 15days: By the Secretary General at the request of the Security Council or By majority of Member States or By one Member State with the concurrence of the majority. Sometimes emergency special sessions are also held.

13. 2) Voting Procedure: Each Member shall have only one vote. Principle of equality of the members strictly observed. On important matters-recommendations with respect to maintenance of international peace and security, election of non-permanent members of the Security Council, election of members of the Trusteeship Council & ECOSOC, admission/suspension/expulsion of members, trusteeship questions and budgetary matters – decision is taken by 2/3 rd majority of members present and voting. Other questions – decided by a simple majority of the members present and voting.

14. 3) Structure of General Assembly: Consist of 6 main Committees: Disarmament and International Security Committee Economic and Financial Committee Social, Humanitarian & Cultural Committee Special Political & Decolonisation Committee Administrative & Budgetary Committee L egal Committee

15. 4) Functions and powers of General Assembly : General Functions Powers of discussions, investigations, review, supervision and criticize the work of UN as a whole and other organs & specialized agencies. Discuss any questions or any matters within the scope of the Charter or relating to the powers and functions of any organs. Power to make recommendations. GA has certain restriction: cannot intervene in the domestic jurisdictions of any State cannot make recommendations on matters under SC’s consideration, until and unless it request. Promotion of International Cooperation GA can initiate studies and make recommendations for the purpose of promotion of international cooperation in 2 fields: political fields and encourage progressive development of International Law economic, social, cultural, educational, health fields and assist in the realization of human rights and fundamental freedom for all without any discrimination.

16. III. Maintenance of International Peace & Security Responsible for maintaining international peace and security. GA may look into such matter at its own initiative or on reference which may be made: by a Member state; by a non-member State; by the Security Council. When any matter is brought before GA it acts in 3 ways: by initiating discussions; by making recommendations; by taking collective measures. Provisions for taking collective measures initially not laid down in the UN Charter. Thus GA was initially not entitled to take collective measures.

17. GA adopted the ‘Uniting for Peace’ Resolution on Nov. 3, 1950. Resolution stated that, if SC due to lack of unanimity of its permanent members, fails to exercise its primary responsibility in the maintenance of peace in a case where there appears to be a threat to the peace, breach of the peace or act of aggression, the GA shall consider the matter immediately to make recommendations to members for collective measures in the case of breach of peace or at of aggression using the armed forces when necessary to maintain international peace and security. IV. Elective Function GA is the central body of UN. GA involves in the elections of some or all the members of all the members of all the other organs of UN.

18. V. Functions relating to admission, suspension and expulsion of members Upon recommendations of the Security Council, the General Assembly initiates the admission, suspension and expulsion of the Members. VI. Financial functions Performs important function relating to finance. Considers and approves budget of UN. Decides the share of expenses to be borne by each member. VII. Supervisory function Supervises the activities of other organs Considers the annual and special reports submitted by the organs. VIII. Miscellaneous function Performs other functions – establishes subsidiary organs etc.

19. 5) Effect of Resolution of the GA UN has not conferred any law making power to the GA. GA is only empowered to give recommendations. It does not create any legal obligations. GA cannot compel a State to implement its recommendations

20. Security Council– Chapter V (Art. 23-27) 1) Composition : Earlier consisted of 11 members, now 15members (5 permanent & 10 non-permanent). Art. 23 para 1 : permanent members People’s Republic of China France Union of Soviet Socialist Republic (USSR) United Kingdom of Great Britain & Northern Ireland USA

21. Other 10 non-permanent members Elected by General Assembly for 2 years term. Each year, election of 5 members take place, 5 members retire after completing 2 years Retiring members are not eligible for immediate re-election. Each members of SC shall have one representative in the Council. For election of non-permanent members, following must be considered: Contribution of the members to the maintenance of international peace and security; Equitable geographical distribution. Also provision for ad hoc members: possibility of the participation of any members of the UN in the SC which is not a member. These members does not have the right to vote but may participate in the Council. For expansion of members of the SC, the approval of two-third of the UN members is required. A President is elected for presiding its meetings.

22. 2) Voting System: Each member have one vote. Voting in procedural & non-procedural matters: No distinction between procedural & non-procedural matters. There is uncertainty- very difficult to decide. President of SC determines the procedure of voting – dependent upon his discretion. In procedural matters: affirmative votes of nine members required. Non-procedural matters: decisions made by an affirmative vote of nine members including the concurring votes of the permanent members.

23. 3) Absence of Members in the SC: Each of the permanent member is required to be present in all the meetings of the SC. If a member remains absent, its absence shall be considered to be violation of the member’s obligation in carrying out the primary responsibility for the maintenance of international peace and security. However, even if a member remains absent, the SC shall be able to take decisions on procedural matters. SC would be able to take decisions on non-procedural matters also even if a permanent member is absent and if the member is a disputant State.

24. 4) Abstention from voting: Where a member remains present in the Council, but at the time of voting, it does not vote either in favour of the decision or against it – abstention from voting. In case of abstention from voting in procedural matters- valid decision may be taken by SC on a vote of nine members In non-procedural matters, UN Charter has not laid down any provision for such contingencies. If a permanent member abstains from voting, it does not mean dissenting vote, it only indicates that the member agrees to the decision of SC without its own vote. In case if members do not agree, they give dissenting vote.

25. Veto power Decisions on non- procedural matters shall be taken on a vote of nine members of the Council including the concurring votes of the permanent members. No decisions can be taken if the permanent members does not give concurring votes. The permanent members are empowered to give dissenting vote if they wish that no decision should be taken by the SC on any particular issue. They have the power to block the issue in the SC. If the concurring vote is withheld by any permanent member, the proposal shall be deemed to be vetoed (cannot be validly adopted). This is the veto power of the permanent members.

26. Double veto Right of veto may be exercised by the permanent members of the SC on 2occassions: First: at the time of deciding the nature of matter-whether the matter is procedural or non-procedural. If the President of the SC decides that a particular matter is procedural, it becomes non-procedural if the veto power is exercised on the decision of the President. Second: when the Council is taking decision on any non-procedural matter. Permanent members can make a matter non-procedural from procedural by exercising the veto power.

27. When a matter becomes non-procedural, it may again exercise the veto power at the time of taking decision on that very matter. Thus the Council cannot take a decision on procedural matters if the same has been made non-procedural by the exercise of veto power . Exercise of veto power on two different occasions is called double veto.

28. 3) Functions of Security Council: SC performs mainly threefold functions:- Maintenance of international peace and security Miscellaneous Functions Functions in relation to ICJ MAINTENANCE OF INTERNATIONAL PEACE AND SECURITY This is the primary responsibility of the SC conferred under Article 24.1. The decisions of the SC are binding upon the members by virtue of Article 25 as the Members agree to accept and carry out the decisions of the SC.

29. SC performs this function in 2 ways:- A) by peaceful means B) by enforcement means. By peaceful means: Chapter VI provides various modes to settle disputes which endanger international peace and security. SC becomes aware about the existence of a dispute by following ways: Members of UN brings any dispute before it (Art. 35.1) Non-member brings any dispute before it (Art. 35.2) All disputant parties refer the dispute (Art. 38) Any one disputant parties refer the dispute (Art. 37.1) GA calls the attention of SC (Art. 11.3) Secretary General brings attention of the Council (Art. 99)

30. SC takes following measures to settle the disputes: i ) call upon the parties to settle the disputes peacefully- By adopting peaceful means mentioned under Art. 33.1 – negotiation, enquiry, mediation, conciliation, arbitration, judicial settlements, resort to regional agencies or arrangements etc. further the parties are entitled to settle their disputes by other peaceful means of their own choice. If the parties fail to settle it peacefully, they shall refer it to the SC. ii) investigation of the dispute- Under Art. 34, SC investigate disputes which might lead to international friction or give rise to a dispute. The task of investigating disputes and situations by the SC is performed either through a subsidiary organ or a Commission iii) recommendation for the appropriate procedures or methods of adjustment Iv) if all the parties to any dispute so request, SC make recommendations to the parties with a view to a specific settlement of the dispute.

31. By enforcement means: i ) SC when determines that the threat to the peace, breach of peace or any act of aggression exists, it takes enforcement action under Art. 41 and 42. ii) ART. 41: Measures involving Non-Use of Force: SC may call upon the members of the UN to take measures not involving the use of armed force, i.e., measure where the armed forces are not employed. These measures include: complete or partial interruption of economic relations and of rail, sea, air, postal, telegraphic, radio and other means of communication and the severance of diplomatic relations. Measures under Art. 41 have been applied in many cases in different names such as economic sanctions, trade sanctions, trade embargo, arms embargo, serial embargo, diplomatic sanction etc.

32. Iii) Art. 42- Measures involving Use of Armed Force If SC considers that A. 41 measures are not adequate, it may take action by air, sea or land force necessary to maintain or restore international peace and security. These includes demonstration, blockade and other operations by air, sea or land forces of Members of the UN. Measures under Art. 42 could be undertaken only in accordance with special agreements laid down under Art. 43(1). By virtue of special agreements, the members of the UN have to make available to SC armed forces, assistance and facilities (including rights of passage) for maintaining peace and security. At the outbreak of a crisis, immediate and effective military action is required and thus SC is equipped with a military staff committee which advices and assist SC on all military problems.

33. MISCELLANEOUS FUNCTIONS Miscellaneous Functions a) Recommends the admission of a State in the UN d) Approves terms of trusteeship agreements f) Voting of all permanent members of the SC is required for amendment along with vote of two-third of GA’s members e) Recommends the GA for appointment of Secretary General of UN. b) Recommends to suspend or expel a member of the UN i ) May establish subsidiary organs also, namely, Military Staff Committee, Committee of Expert, Committee on Admission of new members, Commission for Conventional Armaments etc . g) Encourages the development of pacific settlement of local disputes. h) Can invoke a special session or an emergency special session of the GA by making request to the Secretary General C) Empowered to control and supervise the strategic areas of the trust territories

34. FUNCTIONS IN RELATION TO ICJ Functions In Relation to ICJ a) Can elect the judges of ICJ d) Recommend the GA the conditions for non-members of UN participating in the election of the Judges. b)Can recommend to GA as to when a State not belonging to UN may become party to ICJ f) Recommends GA on conditions for participation of States which are parties to ICJ but non-members of UN in amending the Statute of ICJ e) Lays down conditions under which ICJ shall be open to non-parties to the States C) When one party fails to perform obligation under a judgement of the Court, SC on appeal of the other party make recommendations or decide upon measures to give effect to the judgement