THE CHARTER OF THE UNITED NATIONS

Unit 26

Preview

History Origins of the Charter Charter of the UN Purposes of the UN Principles of the UN Structure of the UN

First International Organizations

1865 The International Telecommunication Union 1874 International Telegraph Union; Universal Postal Union

First International Peace Conference

1899 1st International Peace Conference (The Hague): 1) the Convention for the Pacific Settlement of International Disputes and 2) the Permanent Court of Arbitration (1902)

The League of Nations

Established in 1919 under the Treaty of Versailles to promote international cooperation and to achieve peace and security 1919 The International Labour Organisation created as an affiliated agency of the League The League of Nations ceased its activities after failing to prevent the Second World War Dissolved in 1946; transferral of functions and property to the UN

United Nations: Name

The term UN was coined by Franklin D. Roosevelt; 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

Origins of the UN Charter

1942 The Atlantic Charter 1943 The Moscow Conference 1944 Dumbarton Oaks Proposals

The Atlantic Charter

Principles laid down by President Rosevelt and Prime Minister Churchill The Charter did not contemplate the establishment of an organization of States to replace the League The need of creating a collective security system and establishing strong economic and social cooperation between the States

The Moscow Conference (1943)

The Declaration of the Four Nations (U.S., Soviet Union, UK, China) recognized: the necessity of establishing ...a general international organization, based on the principle of the sovereign equality of all peace-loving States and open to membership by all such States, large and small, for the maintenance of international peace and security

Dumbarton Oaks Proposals (1944)

Representatives of the same 4 Governments met to lay down the foundations of the future world organization Purposes of the Organization: to maintain international peace and security, develop friendly relations among nations, promote cooperation in economic and social matters Basic organs: the Assembly, the Council, the Secretariat, headed by the Secretary General, and the Court of Justice

The San Francisco Conference (April 25 June 26, 1945)

Representatives of 50 states met to draw up the UN Charter based on Dumbarton Oaks proposals by the Great Powers (China, the Soviet Union, the UK, the US) The Charter unanimously approved and signed by all the participating States, original members of the UN

United Nations Charter (www.un.org/aboutun/charter)

Constituting instrument of the Organization Rights and obligations of member states UN organs and procedures

Preamble

WE THE PEOPLES OF THE UNITED NATIONS DETERMINED to save succeeding generations from the scourge of war, which twice in our lifetime has brought untold sorrow to mankind, and to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small, and to establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained, and to promote social progress and better standards of life in larger freedom,

Preamble

AND FOR THESE ENDS to practice tolerance and live together in peace with one another as good neighbours, and to unite our strength to maintain international peace and security, and to ensure, by the acceptance of principles and the institution of methods, that armed force shall not be used, save in the common interest, and to employ international machinery for the promotion of the economic and social advanced of all peoples,

Preamble

HAVE RESOLVED TO COMBINE OUR EFFORTS TO ACCOMPLISH THESE AIMS. Accordingly, our respective Governments, through representatives assembled in the city of San Francisco, who have exhibited their full powers found to be in good and due form, have agreed to the present Charter of the United Nations and do hereby establish an international organization to be known as the United Nations.

Purposes of the UN

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

UN Principles

It is based on the sovereign equality of all members All members are to fulfil in good faith their Charter obligations They are to settle their international disputes by peaceful means and without endangering international peace, security and justice

UN Principles

Members are to refrain from the threat or use of force against any other state They are to give the UN every assistance in any action it takes in accordance with the Charter Nothing in the Charter is to authorize the UN to intervene in matters which are essentially within the domestic jurisdiction of any state

Membership

Open to all peace-loving nations which accept the obligations of the Charter The General Assembly admits new member states on the recommendation of the Security Council The Charter provides for the suspension or expulsion of a member for violation of the principles of the Charter (no such action has ever been taken)

Official languages

Arabic Chinese English French Russian Spanish

Structure of the Organization

The The The The The The

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

General Assembly (www.un.org/ga)

Representatives of all member states, each of which has one vote Decisions on important issues, e.g. Peace and security, admission of new members, budgetary matters require a two thirds majority

Security Council

Maintenance of international peace of security 15 members: 5 permanent (China, France, the Russian Federation, the UK, the US); 10 members elected by the General Assembly for two-year terms

Security Council

Decisions on procedural and substantive matters require 9 votes Permanent members: power of veto All members of the UN have are obliged to accept the decisions of the Security Council

Economic and Social Council (www.un.org/esa/coordination/ecosoc)

Coordinates the economic, social and related work of the UN and the specialized agencies and institutions 54 members, who serve for threeyear terms

International Court of Justice (www.icj-cij.org)

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

Jurisdiction of the ICJ

Decides disputes by applying: International conventions establishing rules recognized by the contesting states; International custom as evidence of a general practice accepted as law; The general principles of law recognized by nations Judicial decisions and the teachings of the most qualified scholars of the various nations

Membership of ICJ

15 judges elected by the General Assembly and the Security Council, voting independently Chosen on the basis of their qualifications; care is taken that principal legal systems of the world are represented

Membership of ICJ

No two judges can be from the same country Serve 9-year term and may be reelected They cannot engage in any other occupation during their term of office

Secretariat (www.un.org/documents/st)

Secretary General appointed by the General Assembly on the recommendation of the Security Council for a five-year, renewable term Administering peacekeeping operations, mediating international disputes, surveying economic and social trends, preparing studies on human rights and sustainable development

Secretariat

Informs the worlds media about the work of the UN, organizes international conferences, translates documents into the official languages Staff of 7,500 drawn from 170 countries Headquarters: New York; main centres of activities: Geneva (disarmament, human rights), Vienna (crime prevention, international trade law, peaceful uses of outer space), Nairobi (environment, human settlements)

Secretary-General (www.un.org/News/ossg/sg)

Symbol of UN ideals and a spokesman for the interests of the worlds peoples Chief administrative officer of the UN Brings to the attention of the Security Council any matter which may threaten the maintenance of international peace and security

Secretary General

Consultations with world leaders, government officials, representatives of civil society groups, the private sector and others Annual report on the work of the Organization

The UN family of organizations

UN secretariat UN funds and programmes (e.g. UNICEF) Specialized agencies (e.g. UNESCO, WHO) Related organizations (e.g. WTO)

International tribunals

International Criminal Tribunal for the Former Yugoslavia (ICTY) International Criminal Tribunal for Rwanda (ICTR)

International Criminal Tribunal for the Former Yugoslavia (ICTY) (www.un.org/icty)

Created by the Security Council in 1994 Mandate to prosecute persons responsible for serious violations of international humanitarian law committed since 1991 16 permanent judges, 27 ad litem judges, staff of 1,238 from 84 countries

Fill in the missing words:

Observance, rule, development, recognition, conscience, foundation, realization, freedom, standards, promotion

Universal Declaration of Human Rights: Preamble

Whereas _____of the inherent dignity and of the equal and inalienable rights of all members of the human family is the _____ of freedom, justice and peace in the world,

Preamble

Whereas disregard and contempt of human rights have resulted in barbarous acts which have outraged the ___ of mankind, and the advent of a world in which human beings shall enjoy ___ of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people,

Preamble

Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the __ of law, Whereas it is essential to promote the ____ of friendly relations between nations,

Preamble

Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better ___of life in larger freedom,

Preamble

Whereas Member States have pledged themselves to achieve, in co-operation with the United Nations, the ___ of universal respect for and ___ of human rights and fundamental freedoms, Whereas a common understanding of these rights and freedoms is of the greatest importance for the full ___ of this pledge,

Universal Declaration of Human Rights: Preamble

Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,

Preamble

Whereas disregard and contempt of human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people,

Preamble

Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law, Whereas it is essential to promote the development of friendly relations between nations,

Preamble

Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom,

Preamble

Whereas Member States have pledged themselves to achieve, in co-operation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms, Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge,

Preamble

Now, therefore, The General Assembly Proclaims this Universal Declaration of Human Rights as a common standard of achievement for all peoples and all nations..

The International Court of Justice

ICJ is the principal judicial body of the UN. Its seat is in The Hague. It began work in 1946, when it replaced the Permanent Court of International Justice which had functioned in The Hague since 1922.

The International Court of Justice

Below is some information about the court and its activities. Match the information to the following headings. You will need to use some headings more than once:

Exercise

Functions of the Court Composition The Parties in Cases between States Jurisdiction in Cases between States Procedure in Cases between Sttes Sources of Applicable law Advisory Opinions

Exercise
ICJ
One of the roles of the Court is to settle in accordance with international law the legal disputes submitted by States The advisory procedure of the Court is open solely to international organizations

Headings

Exercise
ICJ The Court decides in accordance with international treaties and conventions in force, international custom, the general principles of law and, as subsidiary means, judicial decisions and the teachings of jurists Headings

Exercise
ICJ The Members of the Court do not represent their governments but are independent magistrates The court is competent to entertain a dispute only if the States concerned have accepted its jurisdiction

Headings

Exercise
ICJ The other role is to give advisory opinions on legal questions referred to it by duly authorized international organs and agencies Only States may apply to and appear before the Court Headings

Exercise
ECJ The Court is composed of 15 judges elected to nine-year terms of office by the UN General Assembly and Security Concil After the oral proceedings, the Court deliberates in camera and then delivers its judgement at a public sitting

Headings

Exercise
ECJ If one of the States involved fails to comply with it, the other party may have recourse to the Security Council of the UN Headings

Exercise
ECJ Headings

The Court may not include more than one judge of any nationality The judgement is final and without appeal