Liangco, Avros Karl Zildjian M.

OUTLINE UN and UN Charter

I. UNITED NATIONS

I. A. Brief History

The United Nations (UN for brevity) came to be after the end of the 2nd world war and
succeeded the prior League of Nations. Its headquarters on international territory is located in New
York City, while the other main offices are in Geneva, Nairobi, Vienna, and The Hague.

I. B. UN’s Relationship with the US

Apart from being one of its founding members, the United States has a pivotal role of being
one of the permanent members of the UN Security Council. The US is also the host of the UN
Headquarters as earlier mentioned, provides the most financial contributions to the entire UN
budget, and provides the most amount for the UN budget in peacekeeping operations.

I. C. Purposes of the UN

The purposes1 of the UN are laid down under its charter, to wit:

1. 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;

2. 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;

3. 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

1
Article 1, Chapter 1, United Nations Charter
 4. To be a Centre for harmonizing the actions of nations in the attainment of these common
ends.

I. D. Principles of the UN

As for its principles2, it is mentioned in the next article, to summarize:

1. Sovereign equality of all its members;

2. All rights and benefits resulting from membership shall be fulfilled in good faith the
obligations assumed by them;

3. International disputes are dealt with peacefully in such a way that international peace
and security, and justice, are not endangered;

4. Refraining in the use of threat or force against territorial integrity or political

independence of any state;

5. To give assistance to the UN by all members and to also refrain from doing so when the
UN is taking preventive or enforcement action;

6. Ensuring non-members of the UN to follow the principles laid down for the maintenance
of international peace and security; and

7. Non-intervention on the part of the UN with matters belonging to the domestic

jurisdiction of any state and to require said state or more to submit its matters for settlement to the
former.

I. E. Membership in the UN

There are currently 193 member states which form part of the general assembly, and 2
observer states, namely Holy See and the State of Palestine, which are both non-members.
Members are either classified as regular member states or non-member permanent observer states;
members may be further classified and organized into form and informal groups, e.g., based on
region, like “Group of Asian States” or on political agendas, like “ASEAN”. To qualify3 for
membership in the UN, the state must: 1. Be peace-loving; 2. Able to accept and willing to carry

2
Article 2 (1-7), Chapter 1, United Nations Charter
3
Article 4 (1-2), Chapter 2, United Nations Charter
out the obligations set out in the charter; and 3. Be recommended by the Security Council, to
effected by a decision of the General Assembly.

For admission4 as a new member into the UN, the following is the procedure to be followed,
to wit: 1. The applicant state must submit an application, with a declaration, to the Secretary-
General; 2. The Secretary-General shall then send a copy of the application to the General
Assembly, or to the members of the UN if the assembly is not in session; 3. If the Security Council
recommends the said state, the General Assembly shall assess if the same qualifies under Article
4 of the charter, and shall vote, which requires a two-thirds majority; However, if the Security
Council does not recommend the state or postpones such application, the General Assembly shall
further discuss it in session, and send a report back to the Security Council for reconsideration;
and 4. The Secretary-General shall inform the applicant state of the decision of the General
Assembly, and if approved membership shall become effective on the date on which the General
Assembly takes its decision on the application.

To suspend5 a state, it requires a two-thirds majority decision by the General Assembly, on

the recommendation of the Security Council in full. The latter decides whether to restore the rights
and privileges of membership, also requiring the vote of the entire Security Council. A suspended
state is not suspended permanently and still remains a member being continuously bounded to the
obligations under the UN charter6.

To expel7 a state, it requires that it must be shown that such state has persistently violated
the principles laid out in the charter, and that it must be by the decision of the General Assembly
upon the recommendation of the Security Council. Likewise, a two-thirds majority vote is required
from the General Assembly8.

Lastly, it is unlikely that a state may withdraw its membership in the UN since it is not
provided for in the UN charter. The non-inclusion of provisions on withdrawal was deliberately
done by the UN to prevent the threat of withdrawal from being used as blackmail or to evade
obligations. However, on the basis of “rebus sic stantibus,” a state may withdraw from a treaty

4
Rules 134 - 138, Chapter XIV, Rules of Procedure of the General Assembly – United Nations
5
Article 18, Chapter 4, United Nations Charter
6
Article 5, Chapter 2, United Nations Charter
7
Article 6, Chapter 2, United Nations Charter
8
Article 18, Chapter 4, United Nations Charter
which has no withdrawal provisions, like the UN charter, only if there has been some substantial
unforeseen change in circumstances.

II. PRINCIPAL ORGANS

II. A. UN General Assembly

It is composed of all the members of the UN, with each member having not more than 5
representatives in the General Assembly.9 It has 6 main committees, namely: 1. Disarmament and
International Security; 2. Economic and Financial; 3. Social, Humanitarian and Cultural; 4. Special
Political and Decolonization; 5. Administrative and Budgetary; and 6. Legal.

It serves as the main deliberative, policy-making, and representative organ of the UN.
Powers and functions include: 1. Resolving non-compulsory recommendations to states or
suggestions to the Security Council; 2. Deciding on the admission of new members, following
proposal by the Security Council; 3. Adopts the budget on the UN; 4. Elects the non-permanent
members of the Security Council; all members of the Economic and Social Council; the Secretary-
General, following their proposal by the Security Council; and the 15 judges of the International
Court of Justice; and 5. All other matters as mentioned in the UN Charter10

In voting, each member shall have 1 vote. Decisions on important questions shall require
a two-thirds majority vote of the members present. On the other hand, all other questions, which
includes the determination of additional categories of questions to be decided by a two-thirds
majority, shall be made by a majority of the members present and voting.

However, a member may not be allowed to vote if it is behind in its financial contributions
equally amounting or in excess of what’s due for the last 2 full years. The General Assembly may
allow the said member to vote, despite the lack of financial contribution, if its failure to pay was
due to conditions beyond the control of the latter11

Lastly, for the procedure of election for new members to the UN General Assembly, please
see footnote #4.

9
Article 9, Chapter 4, United Nations Charter
10
Articles 10 – 17, Chapter 4, United Nations Charter
11
Articles 18 – 19, Chapter 4, United Nations Charter
II. B. UN Secretariat

It is composed of a Secretary-General, who shall be the chief administrative officer of the

organization, and a staff as the organization may require. The Secretary-General shall be elected
by the majority vote of the General Assembly for a 5-year term, upon the recommendation of the
Security Council with at least 9 votes and no vetoes from the permanent members.12 The current
Secretary-General is António Guterres.

The hierarchy includes: 1. A division head, or an assistant secretary-general or an under

secretary-general; 2. A general administrator; and 3. Different sections and units for each under
their supervision.

It is the UN’s executive arm. It has the important role in setting the agenda for the
deliberative and decision-making bodies of the UN, which is the General Assembly, the Economic
and Social Council, and the Security Council, and to implement the decisions of the said bodies.13
In other words, it supports the other UN bodies administratively, through the organization of
conferences, the writing of reports and studies, and the preparation of the budget.

II. C. International Court of Justice

It is composed of 15 judges, elected by the General Assembly and Security Council, each
having a 9-year term, but may be re-elected subject to limitations. No more than one judge of a
given nationality may serve on the court at the same time, and judges as a whole must represent
the principal civilizations and legal systems of the world.

Elections for the said judges, however, are conducted abnormally, with 5 judges elected
every 3 years to ensure continuity within the court, since the batch of judges of the 1st election end
on their 3rd year, while others on their 6th 14

Members of the UN are ipso facto parties to the Statute of the ICJ, but non-members may
become a party to the said statute on conditions to be determined by the General Assembly upon
the recommendation of the Security Council15

12
Articles 97 and 101, Chapter 15, United Nations Charter
13
Articles 98 – 100, Chapter 15, United Nations Charter
14
Articles 2, 3, 4, 9, and 13, Chapter 1, Statute of the International Court of Justice.
15
Article 93, Chapter 14, United Nations Charter
 As for its powers and functions, it settles disputes between states in accordance with
international law (which may be classified as contentious issues16 or incidental jurisdiction17) and
gives advisory opinions18 on international disputes when requested by the General Assembly,
Security Council, or other organs of the UN and their specialized agencies. Judgments rendered
are made by a majority vote, and in case of equality of votes, the President or the judge who acts
in his place shall have a casting vote19

II. D. UN Security Council

It is composed of 15 members of the UN, each having 1 representative. 5 being permanent,

namely: China, France, Russia, the United Kingdom, and the United States of America, while the
remaining 10 non-permanent members to be elected by the General Assembly. A non-permanent
member has a term of 2 years.20

It is mainly charged with the maintenance of international peace and security21,

recommending the admission of new members to the General Assembly, and in approving changes
to the UN Charter. Additional powers include, establishing peacekeeping operations, enacting
international sanctions, and authorizing military action22

On decisions on procedural matter, it requires an affirmative vote of 9 members, while on

all other matters, it requires an affirmative vote of 9 members including the concurring votes of
the 5 permanent members, subject to exceptions. Each member shall have 1 vote on either
procedural or non-procedural matters23 II. E. UN Economic and Social Council

It is composed of 54 members of the UN, with each member having 1 representative, to be

elected by the General Assembly. Each member has an overlapping 3-year term.24 There shall also

16
In contentious cases (adversarial proceedings seeking to settle a dispute), the ICJ produces a binding ruling
between states that agree to submit to the ruling of the court.
17
Until rendering a final judgment, the court has competence to order interim measures for the protection of the
rights of a party to a dispute. One or both parties to a dispute may apply the ICJ for issuing interim measures;
Article 41, Chapter 3, Statute of the International Court of Justice
18
Article 96, Chapter 14, United Nations Charter
19
Article 55, Chapter 3, Statute of the International Court of Justice
20
Article 23, Chapter 5, United Nations Charter
21
Article 24, Chapter 5, United Nations Charter
22
Article 26, Chapter 5, United Nations Charter
23
Article 27, Chapter 5, United Nations Charter
24
Article 61, Chapter 10, United Nations Charter
be a President of the said council for a 1-year term, who shall be chosen from the small or medium
sized states represented on the council at the beginning of each session.25

It is primarily responsible for coordinating the economic and social fields of the
organization, specifically in regards to the 15 specialized agencies, the 8 functional commissions,
and the 5 regional commissions under its jurisdiction. It also serves as the central forum for
discussing international economic and social issues and formulating policy recommendations
addressed to member states and the UN system.26

In all decision of the Economic and Social Council, each member shall have 1 vote, and
shall be made by a majority vote of the members present.27

II. F. UN Trusteeship Council

It is composed28 of members of the UN administering trust territories29, members of the

Security Council not administering trust territories, and as many other members of the General
Assembly to ensure that the total number of members in the Trusteeship Council is equally divided
between those members of the UN which administer trust territories and those which do not. Each
member of the Trusteeship Council shall designate one specially qualified person to represent it
therein.

It was established to ensure that the said territories were administered in the best interests
of their inhabitants and of international peace and security30 Its powers and functions are exercised
together with the General Assembly. However, the Trusteeship Council is no longer active as of
1994, since Palau, the last trust territory of the Pacific Islands, became a member state of the UN
at the end of the same year. When voting, each member shall have 1 vote, and all decisions shall
be made by a majority vote of the present members.31

25
Article 72, Chapter 10, United Nations Charter
26
Articles 62 – 66, Chapter 10, United Nations Charter
27
Article 67, Chapter 10, United Nations Charter
28
Article 86, Chapter 13, United Nations Charter
29
The trust territories—most of them former mandates of the League of Nations or territories taken from nations
defeated at the end of World War II—have all now attained self-government or independence, either as separate
nations or by joining neighboring independent countries.
30
Articles 87 – 88, Chapter 13, United Nations Charter
31
Article 89, Chapter 13, United Nations Charter
III. DISTINGUISH, WHEN USED:

III. A. Yalta Voting

The Yalta Voting formula is used by the Security Council in discharging their
responsibilities for the maintenance of international peace and security using indirect measures in
connection with procedural matters.32

III. B. Absolute Majority

The only instance when an absolute majority vote is required is when it for the election of
new members in the UN General Assembly.33

III. C. Qualified Majority

A qualified majority vote, which is the affirmative vote of 9 members with the concurring
votes of the permanent members of the Security Council, is used to decide in involving to take
direct measures in connection with settlement of disputes, adjustment of situations likely to lead
to disputes, determination of threats to the peace, removal of threats to the peace, suppression of
breaches of the peace, subject to limitations.34

IV. BIG FIVE

The sovereign states of China, France, Russia, United Kingdom, and the United States of
America are called the Big Five, or otherwise known as the “Permanent Members of the UN
Security Council.”

They exclusively enjoy the power to veto, which enables them to prevent the adoption of
any “substantive” draft of a Council resolution, regardless of the level of international support for
such. However, such power does not apply to “procedural votes”, which means that a “procedural”
draft resolution can still be adopted by the council.

32
Document 273, Foreign Relations of the United States: Diplomatic Papers, 1945, General: The United Nations,
Volume 1. (In relation to Article 27, Chapter 5, United Nations Charter)
33
Article 18, Chapter 4, United Nations Charter
34
Document 273, Foreign Relations of the United States: Diplomatic Papers, 1945, General: The United Nations,
Volume 1. (In relation to Article 27, Chapter 5, United Nations Charter)