Historical Background of United Nations (HQ-New York)

The UN is an international organization founded in 1945 after the Second World War by 51
countries committed to maintaining international peace and security, developing friendly
relations among nations and promoting social progress, better living standards and human
rights.
The UN was the second multipurpose international organization established in the 20th
century that was worldwide in scope and membership. Its predecessor, the League of
Nations, was created by the Treaty of Versailles in 1919.
Due to its unique international character, and the powers vested in its founding Charter,
the Organization can take action on a wide range of issues, and provide a forum for its 193
Member States to express their views, through the General Assembly, the Security
Council, the Economic and Social Council and other bodies.
Formation of UN starts with the Atlantic charter which was signed in August 1941. It
proposed a set off principles for international collaboration in maintaining peace and
security later representatives of 26 Allied countries signed the Declaration for that very
purpose Moscow, Tehran and San Francisco conference were called to draft the 111 article
of UN Charter, which was unanimously adopted in June 1945

Functions of UN
Deliberative, supervisory, Financial, Elective and Constituent functions

 To keep peace throughout the world.

 To develop friendly relations among nations.

 To help nations work together to improve the lives of poor people, to conquer
hunger, disease and illiteracy, and to encourage respect for each other’s rights and
freedoms.

 To be a center for harmonizing the actions of nations to achieve these goals.

 Discussion, studies, recommendation and passing resolutions

Funding
The UN is funded by its member states through compulsory and voluntary
contributions. The size of each state’s compulsory contribution depends mainly on its
economic strength, though its state of development and debt situation are also taken into
account. Over and above their compulsory contributions, member states also make
voluntary contributions to:
  The Specialized Agencies of the UN System such as the UN Educational, Scientific
and Cultural Organization (UNESCO) and the World Health Organization (WHO)

 UN Programs and Funds such as the Office of the UN High Commissioner for
Refugees (UNHCR) and the UN Children’s Fund (UNICEF)

ORGANS OF UN
 General Assembly: 
 The General Assembly is the main deliberative, policymaking and representative
organ of the UN. 

 It is Comprise of all 193 Members of the UN are represented in GA, making it the
only universal representation.

 It provides a unique forum for multilateral discussion of the full spectrum of

international issues covered by the Charter.

 Decisions on important questions, such as those on peace and security, admission

of new members and budgetary matters, require a two-thirds majority.

 Each country has one vote in General Assembly.

 It also plays a significant role in the process of standard-setting and the codification

of international law. 

 The assembly is led by a president (Miroslav Lajčák—73th president), elected from

among the member states on a rotating regional basis each year .

Function & Powers of General Assembly:

 Consider and approve the UN budget and establish the financial assessments of

Member States.

 Elect the non-permanent members of the Security Council and the members of

other UN councils and organs and, on the recommendation of the Security Council,
appoint the Secretary-General (António Guterres).

 Consider and make recommendations on the general principles of cooperation for

maintaining international peace and security, including disarmament.
  Discuss any question relating to international peace and security and, except
where a dispute or situation is currently being discussed by the Security Council,
make recommendations on it.

 Discuss, with the same exception, and make recommendations on any questions
within the scope of the Charter or affecting the powers and functions of any organ
of the UN.

 Initiate studies and make recommendations to promote international political

cooperation, the development and codification of international law, the realization
of human rights and fundamental freedoms, and international collaboration in the
economic, social, humanitarian, cultural, educational and health fields.

 Make recommendations for the peaceful settlement of any situation that might
impair friendly relations among nations by considering reports from the Security
Council and other UN organs.

Security Council: 
 It has a primary responsibility for the maintenance of international peace and
security.

 It has 15 Members, consisting of 5 permanent members—China, France, Russia, the

United Kingdom, and the United States —and 10 non-permanent members.

 Non-Permanent seats are held for two-year terms, with member states voted in by
the General Assembly on a regional basis.

 Five permanent members hold veto power over UN resolutions, allowing a

permanent member to block adoption of a resolution, though not debate.

 The presidency of the Security Council rotates alphabetically each month.

 The Security Council also recommends to the General Assembly the appointment of
the Secretary-General and the admission of new Members to the UN.

 Together with the General Assembly, it elects the judges of the International Court
of Justice.

The Security Council takes the lead in determining the existence of a threat to the peace or act
of aggression. In some cases, the Security Council can resort to imposing sanctions or even
authorize the use of force to maintain or restore international peace and security.
Economic and Social Council: 
 It is the principal organ to coordinate the economic, social and related work of the
UN and the specialized agencies and institutions. 

 Voting in the Council is by simple majority; each member has one vote.

 The president is elected for a one-year term and chosen amongst the small or
middle powers represented on ECOSOC. 

 ECOSOC has 54 members, which are elected by the General Assembly for a three-
year term. 

 Seats on the Council are allotted based on geographical representation with 14 to

African States, 11 to Asian States, 6 to Eastern European States, 10 to Latin
American and Caribbean States, and 13 to Western European and other States. 

 The work of specialized agencies and programs of UN like WHO, FAO, UNESCO etc.
is coordinated by ECOSOC.

International Court of Justice: 

 It is the UN’s main judicial organ.

 It is located at the Hague in the Netherlands

 It settles legal disputes between states and gives advisory opinions to the UN and its
specialized agencies.  Its Statute is an integral part of the UN Charter.

 ICJ has 15 judges, who serve 9-year terms; each from a different nation, elected by
the General Assembly and Security Council, however, five of them shall be retired
after each three years and so for such vacancies election shall also be conducted after
each five years as to maintain the strength to fifteen.

 Obligations on elected Judges of the court to refrain from all political and administrative
functions, from being council, agent or advocate in any case, and will not participate in
any case in which he has previously has taken part as agent, counsel or advocate for one
of the parties.

 The candidate for the office of judge in the Court shall possess be independent, a
person of high moral character and be qualified for the appointment of the highest
judicial offices in his country.
  General Assembly and Security Council shall conduct the election of the judges of the
Court independently, but simultaneously. These two organs shall elect the judges from
the list of nominees prepared by the national groups in the Permanent Court of
Arbitration

 After each period of three years the Court shall elect its president. The president shall
preside the cases of the Court. But if in a case any party is his national he shall not be
entitled to as act as president.

 Along with the election of the president there shall also elect its vice-president. Vice
president shall act as president in a case where president is not present or where
president is not entitle for presidency due to one of the parties to the case is being his
national.

 The Court is entitled to form a chamber, composed of not less than three members or
which the Court may think fit. Different chamber may be declared by the Court to deal
with different cases. The Court may constitute a chamber to deal with a particular case.
The Court shall itself along with the approval of the parties to the case determine the
chamber.

 The Court settles legal disputes between nations only and not between individuals,
in accordance with international law. If a country does not wish to take part in a
proceeding it does not have to do so, unless required by special treaty provisions.
Once a country accepts the Court's jurisdiction, it must comply with its decision.

 The Court can only hear a dispute when requested to do so by one or more States.
It cannot deal with a dispute of its own motion.

Difference between the International Court of Justice (ICJ) and the

International Criminal Court (ICC)

1. The International Court of Justice has no jurisdiction to try individuals accused of

war crimes or crimes against humanity.  As it is not a criminal court, it does not
have a prosecutor able to initiate proceedings.

2. International Criminal Court set up under the Rome Statute. It was established as
an independent international organization in 2002 and is not governed by the UN.

3. All UN member states are automatically members of the ICC; Nations must
individually become members of the ICJ.
 4. The ICJ settles disputes between member states, with their consent, on issues of
sovereignty, trade, natural resources, treaty violations, treaty interpretation, and
etc. 

5. The ICC tries individual people for genocide, crimes against humanity, war crimes,
and crimes of aggression, according to the Rome Statute. 

6. The ICJ issues both binding judgments and advisory opinions. Its judgments may
then be enforced by the Security Council if the state fails to comply. The ICC, on
the other hand, hands down criminal prosecutions or acquittals.

Secretariat: 
 It carries out the day-to-day work of the Organization. 

 It services the other principal organs and carries out tasks as varied as the issues
dealt with by the UN: administering peacekeeping operations, surveying economic
and social trends, preparing studies on human rights, among others.

 It is headed by the Secretary-General, assisted by a staff of international civil

servants worldwide.

 Secretary-General is appointed by the General Assembly, after being recommended

by the Security Council, where the permanent members have veto power.

Reforming the UN
What is wrong with the UN and why does it need fixing, International security and peacekeeping
reforms, Institutional reforms (Security Council and General Assembly), Creating a UN fit for the
21st century?

It is fair to say that the UN does a lot of things which are right which one can be proud of like its
peacekeeping operations, formation of the Universal Declaration of Human Rights, the
International Criminal Court, and the Kyoto Protocol and so on. At the same time, there are
moments of powerlessness when the UN is dysfunctional, crippled and cannot resolve
situations in Darfur-Sudan, the war in Iraq, Afghanistan and conflict in Middle East. The UN
must seek a consensus on when and how force can be used to defend international peace and
security. According to the then Deputy Secretary-General Mark Malloch Brown, "The kernel of
the crisis of UN is rooted in the failure of Security Council reform, the Iraq war, and how the
organization was established—all of these things in the context of a major redistribution of
power in the world and political economy. Today we will be looking at broad areas of UN
reforms by which its legitimacy can be restored

International security and peacekeeping reforms

The hurdles in peacekeeping lie in the slow progress made by Security Council. The decisions
by the Security Council are blocked by veto power countries. The progress in Darfur is blocked
by China as Sudan is one of its major suppliers of oil and China wants to protect its financial
interests. All efforts to give independence to Kosovo were vetoed by Russia as Serbia is a major
business and strategic partner. USA, while pretending to find solution to middle-East crisis, have
blocked progress in the Israeli-Palestine issue, because of strong Jewish lobby in America

Current Global Security Threats

Global security can be broadly defined in three categories – global, human and collective.
Global security focuses on the security of territory and governments. Human security is
concerned with the preservation of life and its safety in the changing world. The concept of
collective security forms the bedrock of the United Nations charter and has served the
international community for several decades. Security comes from remedying injustice, easing
shortages and creating opportunities. We need the creation of a multipolar world of balance
without imperialistic hegemony. At present the world security is threatened by
 The deteriorating situation in Iraq, Afghanistan and Middle East.
 Current tensions with nuclear proliferation issues with Iran and North Korea.
 Human rights abuses in Darfur, Burma and other places.
 Averting the looming climate change crisis.
 Global militarization.

The reforms of peacekeeping should include more emphasis on:

 Using preventative diplomacy against the surge of war.
 Working on bringing peace as a human right to all peoples.
 Continuing the work on general and complete disarmament, including nuclear weapons
and conventional weapons, and
  Promoting a culture of peace, reconciliation and non-violence as a vision of future
peacekeeping.
 Dealing with violations of human rights as a precondition for peacekeeping.
 Convening a World Summit on disarmament, non-proliferation and terrorist use of
weapons of mass destruction.

Institutional reforms (Security Council and General Assembly)

Some of the essential reforms needed to deal with the five permanent members and their
excessive power.

 Widen the membership of the Security Council to make it more representative.

 Tackle the veto – which puts all major reforms under the control of the existing
permanent members.
 Change the way in which the SC orders military action in order to control the process.
 Work for General Assembly regaining its powers and develop the ‘responsibility to
protect’.

The General Assembly – regaining its powers and claiming new responsibilities
The Charter makes it clear that the General Assembly of all member states is the primary UN
body. Article 15 (UN Charter) says that “the Assembly shall receive and consider annual and
special reports from the Security Council and from the other Organs of the United Nations”.

The chief limitation on General Assembly’s power comes from Article 12 which lays down that
when the Security Council is exercising its functions in dealing with matters of peace and
security the Assembly shall refrain from making any recommendations. While this is a necessary
condition it should be modified by a new rule which should be mutually agreed by both
institutions.

Uniting for Peace

Some resolutions of the General Assembly have great force and are revived in times of crisis.
The Uniting for Peace resolution of 1950 has been used to over-ride the monopoly of the
Security Council and to some extent the power of the veto. Over half the membership of the
Assembly is required to achieve a debate on such a resolution.

Early in 2003, before the Iraq war began in 2003, an attempt was made to hold a debate. Some
59-member states were prepared to call for a meeting, although 96 members would have been
required. The war came too soon for a debate. Another obstacle for many of the smaller
members was a demand by the United States that they withhold their support for a vote,
warning them of dire consequences in their relations with that country.
Constitutional decisions in the General Assembly require not only a two thirds majority of
members but the positive votes of each of the permanent members. Their power of veto is
exercised across the board in decisions of both the Security Council and the Assembly

When we realize that veto powers are reminiscent of a colonial era we must look forward to a
time when the national interests of five members are no longer considered more important
than those of the other 188