Public International Law

Subject: Public International Law

2nd Assignment on:

UNITED NATIONS AND ITS PRINCIPAL ORGAN :A CLOSE VIEW

SUBMITTЕD BY:
ABHIJEET RAI,
Semester VII, B.B.A.LLB
Roll No.: 1120171818

SUBMITTED TO:

Dr. CHANDRESHWARI MINHAS

(Assistant Professor of Law )
Himachal Pradesh National Law University
2020

1|Page
 INDEX

INTRODUCTION ………………………………………………..3

PURPOSE AND PRINCIPLE OF UNITED NATION ………..4

ORGANS OF UNITED NATION ………………………………5

 SECURITY COUNCIL……………………………………5
 GENERAL ASSEMBLY…………………………………..6
 INTERNATIONAL COURT OF JUSTICE……………..7
 ECONOMIC AND SOCIAL COUNCIL…………………9
 TRUSTEESHIP COUCIL…………………………………9

CONCLUSION …………………………………………………...10

BIBLEOGRAPHY………………………………………………..10

2|Page
 INTRODUCTION

The United Nation is a pivotal organ of World Government, and the most important of all
international institutions. It can be said that it is successor of League of Nations. But a very
important question arises, what was the need of United Nations when League of Nations
existed? May be the most prominent reason was the League of Nations failed to avert the
Second World War. When it had failed, they tried to establish an organization which has
better power, capacity and more teeth to maintain peace and order. This general agreement
between different states led to establishment of United Nations. So like the League of
Nations, the United Nations is also the result of war. While World War-II was continuing
many attempts were made by allied nations to establish an international organization, which
should be devoid of weaknesses of League of Nations. The United Nations is a result of many
conferences held in many countries, which were aimed at avoiding war.

ORIGIN

Series of conferences were held to establish the United Nation. Those are1:

(i) Declaration of St. James Palace, London (June 12, 1941) here many exiled governments
held a conference and expressed their desire to establish peace.

(ii) Atlantic Charter of August 14, 1941 here British Prime Minister Winston Churchill, and
US President Franklin Roosevelt undertook to end Nazism from the world. In this Charter,
they also showed concern on equality of nations.

(iii) United Nations: Declaration of January 1, 1942 for the first time used the words “United
Nations”. 26 nations, including the USA, Great Britain, Soviet Union and China signed this
declaration. There was talk of cooperation amongst themselves and not to enter into treaty
relation with enemy state.

(iv) Moscow Declaration (October 30, 1943)-This declaration was signed by the USA, the
UK, the USSR and China. They have shown their interest and talked of need to establish a
world organization based on principle of Sovereign equality of states. And this organization
should be open to all peace loving states should be able to maintain international peace and
security.

1
History of United Nation,United Nation(www.un.org,18 Dec 2020).

3|Page
(v) In 1944, Dumbarton Oaks four powers met and draft proposals for such organization were
prepared by China, Great Britain, United States and the Soviet Union. The proposed
organization was given the name of “The United Nations”. ,

(vi) The Yalta Conference of February 11, 1945, between Great Britain, United states and the
Soviet Union finally decided to convene a general conference of about 50 nations, to consider
the constitution of the proposed world organization based on Dumbarton oaks proposal.

The final shape to the proposed charter was given at the San Francisco Conference (April 25
June 26, 1945). This conference succeeded in adopting United Nations charter along with
statute of International Court of Justice. But there were some points of difference also arose,
like about voting procedure in the Security Council and the “Veto” power of the permanent
members.

PURPOSES AND PRINCIPLE OF UNITED NATIONS

Article 1 of the charter deals with purpose of United Nation. The first and foremost purpose
is to maintain international peace and security. There are other purposes also such as
development of friendly relationship among nations based on respect of equal rights of all,
encouraging respect for human rights and fundamental freedoms for all and to be a centre for
harmonizing international actions, in the attainment of these ends. These purposes are quite
wide in scope and extent and is binding on both UN and its members.

Article 2 of the Charter deals with the principle on which the United Nations is based. They
are:

1.The principle of sovereign equality of all its members.

2.The principle of good faith to be followed by all states to fulfill their obligations.

3.The principle to settle their disputes by peaceful means. . Principle to refrain from threat or
use of force, against territorial integrity or political independence of other state.

4.Principle to give assistance to United Nation, when it takes any actions in accordance with
charter and refrain from giving assistance to any state against which United Nation is taking
preventive and enforcement actions.

5.The principle to ensure that states which are not members of United Nation will also follow
these, so far as it is necessary for maintaining international peace and security.

4|Page
6.The principle of non-intervention i.e. United Nation shall not intervene in matters
essentially within the domestic jurisdiction of any state.

MEMBERSHIP

Chapter II Art. (3) Of United Nation charter mentions of original members of United Nation.
It says that they will be such state, which had participated in UN conference in San Francisco
and had signed the United Nation declaration on January 1, 1942, signed the present charter
and ratified. Significantly the word did not receive a strict interpretation and got a liberal
view not as in Montevideo Conventions. India when it was not independent becomes a
member of UN originally. Philippines, Syria, Lebanon Belarus and Ukraine also got original
membership.

Acquired Membership:

Art. 4 of charter of UN says, membership in UN is open to all other peace loving nations,
which accept obligation mentioned in present charter, and in judgment of organization, is
able to carry out its obligations. Admission of any such state will be effect by a decision of
General Assembly on recommendation of Security Council.

ORGAN OF UNITED NATION

All the principle organs have well defined areas of operation and are equal, but in reality and
practice General Assembly and Security Council are the chief organs of United Nations. Most
important of all these is Security Council2.

SECURITY COUNCIL

The need for an executive organ, of limited membership, which would be entrusted with
primary responsibility of maintenance of international peace and security.

A need was felt among the nations for small executory organs functioning continually and be
able to take decision quickly and effective, so as to bring into operation, the enforcement

2
Main organs,United Nation(www.un.org,19 Dec 2020).

5|Page
machinery and Chapter VII of the charter, whenever international peace and security will be
threatened.

Security Council, which is considered, executive organ of United Nations, consists of 15

members (5 permanent & 10 non-permanent). Election of non-permanent members is dealt
by Art. 23 of charter. Countries are demanding enlargement of membership due to increase in
membership of UN (about four times increase) Reason for this demand are3;

1. In case in number of members

2. Criteria of equitable geographical representative.

3. Role in maintain of international peace and security.

Major demanding countries are Japan, Germany, India, Nigeria, and South Africa. Due to the
changed scenario since 1995 some countries have even, demanded removal of UK and France
from permanent membership.

Role of Security Council

Its functions and powers are given in Art. 24-26 of Charter. Art.24, the primary responsibility
is maintenance of international peace and security and here the council acts on behalf of all
the member and not independently, moreover while acting it is bound by purposes and
principles of organisation and cannot act arbitrarily. The powers given to Security Council by
Chapter VI, VII, VII & XII are not exhaustive. There exist other implied powers which may
be required in execution of its duties.

How it maintain international peace and security and how effective it is For maintenance of
international peace and security, Security Council has to means;

1. Pacific settlement of such international disputes as are likely two endanger international
peace and security.

2. Taking of enforcement action. Pacific Settlement of Disputes.

3
Chapter V of Charter of United Nation.

6|Page
 GENERAL ASSEMBLY

General Assembly is one of the main principle organ of UN. It consists of all members of UN
and each have one vote, based on the principle of sovereign equality. General Assembly
meets once every year and also meets in special sessions as convened by Secretary General at
the request of Security Council or of majority of members of United Nations (Art. 20).
General Assembly has to perform very important role. It has many functions in its hands. For
performing these it has formed many committees.

Functions and Powers of General Assembly (Art. 10-17)4

Art. 12, says that if Security Council is discussing some dispute then the General Assembly
not intervene if until the Security Council ask for it. The main action of General Assembly is
to discuss any matter which comes within this charter for the maintenance of international
peace and security.

Under the Charter, though the Security Councils has been given primary responsibility of
maintenance of international peace and security (Art. 24) but it is not the exclusive
responsibility of SC, but of all other organs too, as all are bound by the same principles and
purpose of United Nations. The General Assembly has certain permissive powers of
consideration.

Art 11 is very wide in its term and it empowered the General Assembly, to discuss in
principle maintenance of international peace and security including principle governing
disarmament and regulation of armament. It may discuss any question related to MIPS,
brought before it by member or a non-member or by Security Council. And if on any
question action is necessary then it must be referred to SC.

The General Assembly may call the attention of the Security Council to situations which are
likely to endanger peace and security.

Art. 14, says that the General Assembly may recommend measures for peaceful adjustment
of any situation which it deems likely to impair general welfare or friendly relations among
nations. These Articles (11 & 14) confer wide powers on General Assembly for maintenance

4
Chapter IV of Charter of United Nation.

7|Page
of international peace and security, but it does not confer any power for enforcement actions.
But the word „measures‟ used in art 14 is of wide amplitude and in the part General
Assembly have been able to solve disputes successfully, and measures short of enforcement
action have been adopted, e.g., in Palestine, a special Committee was appointed in 1947 to
investigate the facts and then in 1948, a mediator was appointed and then conciliation
commission was send to establish peace.

INTERNATIONAL COURT OF JUSTICE

The ICJ is one of the six principal organs of the United Nations. Its seat is at the Peace Palace
in The Hague (Netherlands). Notably, it is the only UN principal organ not situated in New
York5.

 The chief judicial organ of the UN, it is also sometimes known as the World Court.

 Established by the UN Charter in 1945, it began work in 1946 when it replaced the
Permanent Court of International Justice which had functioned in the Peace Palace
since 1922.

 All the 193 member states of the UN are automatically parties to the Court. Those
nations that are not members of the UN may become parties to the Court‟s statute
with the help of the Article 93 procedure.

 The chief function of the ICJ is to settle disputes submitted by parties according to
international law.

 The Court also gives advisory opinions on legal matters submitted by any of the UN
bodies or specialised agencies.

 The United Nations Security Council (UNSC) can enforce ICJ judgements as per the
UN Charter. However, the permanent members of the UNSC can veto against any
such ruling.

 The official languages of the ICJ are English and French.

5
Chapter XIV of Charter of United Nation on ICJ.

8|Page
Kulbhushan Jadhav Case6

Kulbhushan Jadhav, an Indian naval officer, was arrested in March 2016 by Pakistani
security forces in Balochistan province after he reportedly entered from Iran.

 He was sentenced to death by a Pakistani military court on charges of espionage and

terrorism in April 2017.

 On May 9, 2018, ICJ stayed his death sentence after India had moved a petition
before the UN body to seek justice for him, alleging violation of the Vienna
Convention on Consular Relations by Pakistan.

 In February 2019, India said Pakistan‟s continued custody of Indian national

Kulbhushan Jadhav without any consular access should be declared “unlawful” as it
was an egregious violation of the Vienna Convention.

 In 2019, the ICJ has directed Pakistan to review the conviction order of Kulbhushan
Jadhav and, until then, put his death sentence on hold. ICJ also asked Islamabad to
allow New Delhi consular access at the earliest. This is a major diplomatic and legal
victory for India in the Jadhav case.

 In 2019, Pakistan granted consular access for Jadhav in line with the ICJ ruling.

Key Highlights of Judgement

 Pakistan Violated Vienna Convention: ICJ upheld that Islamabad had violated Article
36 of the Vienna Convention on Consular Relations, 1963, by not informing India
about Jadhav‟s arrest immediately after Pakistan Army had taken him into custody.

 ICJ found that India had been deprived of the „right to communicate with and have
access to Jadhav, to visit him in detention and to arrange for his legal representation‟,
which meant that Pakistan had breached obligations incumbent upon it under Article
36, paragraph 1 (a) and (c), of the Vienna Convention on Consular Relations.

 The provisions of the 1963 Vienna Convention defines a framework for consular
relations between countries.

6
Jadav(India v. Pakistan,ICJ 2017).

9|Page
 ECONOMIC AND SOCIAL COUNCIL (ECOSOC)

The ECOSOC is the main body responsible for coordination, policy dialogue, policy review
and recommendations on social, economic, and environmental issues, and also the
implementation of internationally agreed development goals7.

1. It serves as the central mechanism for activities of the UN system and its specialized
agencies in the economic, social, and environmental fields, supervising subsidiary and
expert bodies.
2. It is the UN‟s pivotal platform for reflection, debate, and innovative thinking on
sustainable development.
3. The ECOSOC has 54 members that are elected by the General Assembly.
4. Voting is by a simple majority and each member has one vote in the ECOSOC.
5. The work of the UN‟s specialized agencies like the FAO, UNESCO, UNICEF, the
ILO, etc. are coordinated by the ECOSOC.
6. The ECOSOC presidency is for one year, and it is headquartered in New York.

TRUSTEESHIP COUNCIL

The Trusteeship Council was established in 1945 under the UN Charter to administer the 11
Trust Territories after the Second World War8.

1. These were former colonies or dependent territories.

2. Since the Council was created, many territories have become independent and are
self-governing.
3. The last Trust Territory to become independent was Palau in 1994.
4. Hence, the Trusteeship Council suspended operations in 1994 and decided to meet as
and when the occasion arises.

7
Chapter X (Article 61-72) of Charter of United Nation on Economic and social council.
8
Chapter XIII(Article 86-91) of Charter of United Nation on Trusteeship Council.

10 | P a g e
 CONCLUSION

The role of United Nation in world affair is diversified from Human right violation to climate
change and it became more decentralised through its principle organs which are looking after
specifics transcending issues. United Nation General Assembly and United Nation Security
Council being two most prominent organ of United Nation, wherein directions passed by
Security Council through a resolution is mandatorily to be executed.

India is on the path to become a non-permanent member for 2 year starting from January
2021, has gained a opportunity to address its issues and gaining world focus on state
sponsored terrorism, cyber –attack, and a common path to fight against tarns-boundary
communicable disease such as evident from recent outbreak from COVID-19.

BIBLIOGRAPHY

1>S.K Kapoor, International law,Human Rights,Central Law Agency(2009,7th Ed.)

2>Gurdip Singh,International Law,Eastern Book Company,2015(3rd Ed.)

Webliography

1>www.un.org.

11 | P a g e