The United Nations Organization - Principal organs and their functions | Public International Law - CLAT PG PDF Download

Introduction

The United Nations (UN) was created after World War II, based on plans made by the Allied nations during the war.

• The UN's main goals are described in Article 1 of its Charter, which include maintaining peace, fostering friendly relations among countries, promoting international cooperation on various issues, and serving as a center for coordinating these efforts.
• The UN's focus has shifted over time due to changing political dynamics and global challenges, such as decolonization and economic development.
• The Charter also serves as the UN's constitution, outlining the rights and responsibilities of member states and emphasizing their sovereignty. The UN cannot intervene in a country's internal matters unless under specific circumstances.
• The UN has six main organs: the Security Council, General Assembly, Economic and Social Council, Trusteeship Council, Secretariat, and International Court of Justice.

Security Council

• The UN Security Council is responsible for maintaining international peace and security.
• It consists of 15 members, including 5 permanent members (USA, UK, Russia, China, France) with veto power.
• Decisions require 9 votes, including those of permanent members.
• The veto was included to ensure support from major powers, especially the USSR.
• The Council has various committees and subsidiary bodies for specific issues, like counter-terrorism and sanctions.
• Its decisions are binding on all UN member states.
• The Council handles disputes, enforcement measures, and other functions like overseeing trusteeship territories and recommending new members.
• Changes to the UN Charter require approval from all permanent members and a majority in the General Assembly.

The General Assembly

• The General Assembly is the main deliberative body of the UN, consisting of representatives from all 192 member states.
• Membership is open to all peace-loving states that accept the UN Charter's obligations.
• The Assembly can suspend or expel members under certain conditions.
• Each member has one vote, with important decisions requiring a two-thirds majority.
• While the Assembly cannot bind its members, its resolutions can influence international law.
• The Assembly meets annually and can hold special sessions for urgent matters.
• It has established various organs and committees to address a wide range of issues, including disarmament, economic and social matters, and human rights.

Economic and Social Council

• The Economic and Social Council (ECOSOC) is responsible for coordinating the UN's economic and social work.
• It consists of 54 members elected by the General Assembly for three-year terms.
• ECOSOC can make recommendations to the Assembly, UN members, and specialized agencies, but its decisions are not binding.
• The Council has established various subsidiary bodies, including functional and regional commissions, and runs several programs like the Environment Programme and Drug Control Programme.
• ECOSOC plays a key role in setting up economic, social, and human rights bodies.

The Trusteeship Council

• The Trusteeship Council was established to oversee trust territories created after World War II.
• These territories included mandated territories, areas detached from enemy states, and territories voluntarily placed under trusteeship.
• With the independence of Palau in 1994, the last trust territory, the Council suspended its operations.

The Secretariat of the UN

• The Secretariat, led by the Secretary-General, is the UN's administrative body.
• Staff are appointed based on efficiency and integrity, with a focus on geographical diversity.
• The Secretary-General is appointed by the General Assembly on the Security Council's recommendation and acts as the chief administrative officer.
• The Secretary-General has the authority to bring matters to the Security Council's attention and plays a significant role in international affairs.
• The impact of the Secretary-General varies based on individual leadership, with notable examples like Dag Hammarskjöld during the Congo crisis.

International Court of Justice

The International Court of Justice (ICJ), the sixth principal organ of the United Nations, was established in 1946 as the successor to the Permanent Court of International Justice. It serves as the principal judicial organ of the UN, as outlined in the UN Charter.

General Overview

• Established in 1945 by the Charter of the United Nations, the International Court of Justice (ICJ) is the principal judicial organ of the United Nations.
• The ICJ's primary role is to settle legal disputes submitted by member states and to provide advisory opinions on legal questions referred by the UN and other specialized agencies.
• The ICJ consists of 15 judges elected for nine-year nonrenewable terms. It has two types of jurisdiction: contentious and advisory.

Basis of the Court's Jurisdiction

• The Court's jurisdiction in contentious proceedings is based on the consent of the States involved.
• The form of consent determines how a case can be brought before the Court.

(a) Special Agreement

• Article 36, paragraph 1, of the Statute states that the Court's jurisdiction includes all cases referred to it by the parties.
• These cases usually come before the Court through a special agreement between the parties, indicating the subject of the dispute and the parties involved.

(b) Matters Provided for in Treaties and Conventions

• Article 36, paragraph 1, also includes matters specified in treaties and conventions in force.
• These matters are typically brought before the Court through a written application instituting proceedings, which must indicate the subject of the dispute, the parties involved, and the jurisdictional basis.

(c) Compulsory Jurisdiction in Legal Disputes

• States may recognize the Court's jurisdiction as compulsory in legal disputes with other States accepting the same obligation.
• Such cases are initiated through written applications, and the types of legal disputes for which compulsory jurisdiction may be recognized are outlined in Article 36, paragraphs 2-5, of the Statute.

(d) Forum Prorogatum

• If a State has not recognized the Court's jurisdiction at the time of filing an application, it can subsequently accept such jurisdiction to allow the Court to hear the case.
• The Court then has jurisdiction from the date of acceptance under the forum prorogatum rule.

(e) The Court Decides on Its Jurisdiction

• Article 36, paragraph 6, states that any disputes regarding the Court's jurisdiction are settled by the Court itself.
• Article 79 of the Rules outlines the procedures for filing preliminary objections.

(f) Interpretation of a Judgment

• Article 60 allows parties to request the interpretation of a judgment if there is a dispute about its meaning or scope.
• Requests for interpretation can be made through special agreements or applications by one or more parties.

(g) Revision of a Judgment

• Applications for the revision of a judgment can only be made based on the discovery of a decisive fact that was unknown to the Court and the parties at the time of the judgment.
• Requests for revision are made through applications.

Contentious Jurisdiction

• The ICJ resolves legal disputes submitted by States according to international law.
• Only States can bring cases to the Court; international organizations, individuals, and other authorities cannot.
• Article 35 of the Statute outlines the conditions for States to access the Court.
• Access for non-party States is determined by the Security Council, ensuring equality among parties.
• Disputes must be recognized by the States involved for the Court to have jurisdiction.
• States must consent to the Court's jurisdiction in some form to be parties in proceedings.
• Article 35, paragraph 1, states that the Court is open to States parties to the Statute, and all UN members are parties to the Statute under Article 93, paragraph 1, of the UN Charter.
• Currently, there are 193 UN member States.

Declarations Recognizing the Jurisdiction of the Court as Compulsory

• States parties to the Statute can declare recognition of the Court's jurisdiction as compulsory in relation to other States accepting the same obligation.
• Declarations recognizing compulsory jurisdiction are unilateral acts and are deposited with the Secretary-General of the United Nations.

Advisory Jurisdiction

• Public international organizations cannot be parties in contentious cases before the ICJ but can request advisory opinions.
• The advisory procedure is available to five UN organs, fifteen specialized agencies, and one related organization.
• Advisory proceedings start with a written request for an opinion from the UN Secretary-General or the head of the requesting entity.
• The Court may expedite proceedings in urgent cases and can hold written and oral proceedings to gather necessary information.
• The Court compiles a list of States and organizations likely to provide relevant information and may invite them to submit written statements.
• Unlike judgments, advisory opinions are not binding except in specific cases. The requesting entity decides the effect of the opinion.
• Despite lacking binding force, advisory opinions carry significant legal weight and contribute to international law clarification and development.

Organs and Agencies Authorized to Request Advisory Opinions

• The General Assembly and Security Council can request advisory opinions from the ICJ on any legal question.
• Other UN organs and specialized agencies authorized by the General Assembly can also request advisory opinions on legal questions within their activities.