Monday, July 3, 2023

UNITED NATION ORGANIZATION – A comprehensive note

UNITED NATION ORGANIZATION – A comprehensive note

In this article we have discussed about the United Nations Organization including its meaning, primary aim of UN, purpose of UN, principles of UN and principal organ of UN; covering the role of UN in international law.

 

1. INTRODUCTION:

 

The failure of League of Nations on the one hand and the horror and ruthless destruction caused by the second World War on the other hand disturbed many minds especially in Allied countries. They expressed the desire to establish peace even when the War is in progress. In order to achieve it, frantic efforts to create an international organization had begun as early as in 1941. Deliberations became intense after the termination of the war which resulted in the creation of the United Nations Organization.

 

On October 24, 1945, the United Nations Organization (UNO) was established as a global alliance of sovereign and independent nations. United Nation headquarter is located in New York City.

 

There are currently 193 member states under the United Nation, including every internationally recognized sovereign state in the world.

 

2. PRIMARY AIM OF THE UNO:

 

The United Nations (UN) is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace. After World War II, the UN was established to take the place of the League of Nations, put an end to international conflicts, and create a forum for discussion. To carry out its missions, it has numerous subsidiary organizations.

 

3. PURPOSE OF THE UNITED NATIONS:

 

The purpose for which the United Nations are established are laid down in Article 1 of the Charter. They are as follows: -

 

a. To maintain International Peace and Security:

 

The urgent and fundamental need at the time of the creation of the United Nations was the freedom from war and from fear of war, and therefore, Article I, Para I of the Charter provided that the primary purpose of the United Nations shall be ‘to maintain international peace and security’.  

 

b. To develop friendly relations among nations:

 

In order to prevent clashes between nations, it was thought essential to develop friendship among nations, i.e., friendship based on respect for the principles of the equal rights and the equal rights of self-determination of peoples. This task and the taking of other measures to strengthen universal peace has therefore been made a purpose of the United Nations.

 

c. To achieve international co-operation:

 

Article I, Para 3 of the Charter lays down two purposes of the United Nations which are closely related to each other. Firstly, to achieve ‘international co-operation’ in solving international problems of an economic, social, cultural or humanitarian character, and secondly, ‘international co-operation’ in promoting and encouraging respect for human rights, and for fundamental freedoms for all without distinction to race, sex, language or religion.

 

d. To make the United Nations an International Forum for Harmonization:

 

The fourth purpose of the United Nations was laid down under Article 1 Para 4 of the Charter which states that the United Nations, being the principal World Organization shall serve as a center for harmonizing the actions of nations in order to achieve these common ends. Thus, the United Nations is an international forum where world problems – bilateral, regional or global are discussed and it often evolves global policies for States to implement. The greatest advantage of this forum is that it represents the entire international community.

 

4. PRINCIPALS OF THE UNITED NATIONS:

 

Article 2 of the Charter laid down the Principles of the United Nations. These principles are the general obligations which bind each member State and the Organization as a whole. They are as follows: -

 

a. The Principal of Sovereign Equality:

 

Article 2, Para 1 of the Charter lays down that the United Nations is based on the ‘sovereign equality of all its members’. It implies that all the members of the United Nations are equal irrespective of their size and resource. It may be noted that the principal of sovereign equality is a principal of International Law which the Charter has simply reaffirm.

 

b. The Principle of the Fulfilment of Obligations:

 

Article 2, Para 2 of the Charter lays down that all members of the United Nations shall fulfil in good faith the obligations assumed by them in accordance with the Charter. This is also a basic principle of International Law which is known as pacta sunt servanda.

 

c. The Principle of Peaceful Settlement of International Disputes:

 

Article 2, Para 3 of the Charter provides that ‘all members shall settle their international disputes by peaceful means and in such a manner that international peace and security, and justice, are not endangered.’

 

d. The Principle of Non-Use of Force:

 

The Charter under Article 2, Para 4 stipulates that All members must refrain from using force or threatening to use force in their international relations against the territorial integrity or political independence of any state, or in any other way that is inconsistent with the goals of the United Nations. It is to be noted that the expression ‘use of force’ as laid down under Para 4 of Article 2 is wider in scope than the expression ‘use of armed force’.

 

e. The Principle of Assistance to the United Nations:

 

Article 2, Para 5 of the Charter lays down two ways by which a State may assist the United Nations. Firstly, no member shall assist any State against which the United Nations is taking ‘preventive and enforcement action’, and secondly, all the members shall support the Organization ‘in any action’ that it takes in accordance with the Charter.

 

f. The Principle for Non-Member States:

 

Article 2, Para 6 of the Charter lays down that that the obligations which are to be carried on by the non-members of the United Nations by stating that ‘the Organization shall ensure that states which are not Members of the United Nations act in accordance with these Principles so far as may be necessary to maintain international peace and security. Thus, the purpose of the United Nations to maintain peace security is not restricted to the relations among member states only.

 

5. PRINCIPAL ORGANS OF THE ORGANISARTION:

 

The United Nations has the following principal organs: the General Assembly, the Security Council, the Economic and Social Council, the Trusteeship Council, the International Court of Justice, and the Secretariat.

 

i. General Assembly:

 

It is the representative and policymaker organ of the UN. It is considered to be the global umbrella that encompasses all the UN’s member countries which are 193 members. Its jurisdictions, voting system and related problems will be tackled in details in the upcoming section of General Assembly.

 

ii. Security Council:

 

It is the most powerful UN council that is composed of fifteen members, five are permanent and ten are non- permanent elected each two years. Its jurisdictions, voting system and other related issues will be tackled in detail in the upcoming section of Security Council.

 

iii. International Court of Justice:

 

It is one of the most important organs of the United Nations. It is the judicial arm of the UN that is composed of fifteen judges. Its jurisdictions and other related issues will be tackled in detail in the upcoming section of International Court of Justice.


iv. Economic and Social Council:

 

It is the UN principle platform where the issues of improving health and education, economic development and concurrent economic issues are discussed. Since 1945, it was composed of 18 members before an amendment to Article 61 was passed in 1965 to modify this number to 27 members, and then a second amendment was passed to increase it again to 54 members15. The 54 member countries are elected for a three-year-term.

 

v. Trusteeship Council:

 

It is the successor of the “Main Mandates Commission” which was created by the League of Nations. Its main mission was to help the colonized provinces and monitor their transition to their independence from the colonial powers, and its mission was supervised by the Security Council26. Its mission ended in 1994 with the independence of the latest occupied territory, Palau Islands. Since then, the council was left obsolete without any future responsibilities.

 

vi. Secretariate:

 

The Secretary-General, the principal administrative officer of the United Nations, is elected for a five-year renewable term by a two-thirds vote of the General Assembly and by the recommendation of the Security Council and the approval of its permanent members. The secretary-general serves as the chief administrative officer at all meetings and carries out any functions that those organs entrust to the Secretariat; he also oversees the preparation of the UN’s budget.

 

6. CONCLUSION:

 

The United Nations is the only voice that speaks for everyone on earth and the only place where all nations come together. Our challenges are so intertwined that we can only solve them together, with smart responses across countries, cultures and peoples. As our world grows more connected and threats more complex, the success of the UN is even more essential. That’s why the United Nations Foundation exists.

 

According to the Preamble of the United Nations Charter, the organization was established in order to "establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained," as well as to spare future generations from the fear of war and to reaffirm faith in fundamental human rights. Since its inception, the primary object of United Nations is to promote the growth of international law as a means of governing international relations.


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