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The Relevance of UnitedThe Relevance of United

Nations in present timesNations in present times

Kumar Ajitabh, LL.B IIIrd Sem, Rajiv Gandhi School of Intellectual property Law, 2010



OriginOrigin of theof the United NationsUnited Nations

TheThe UnitedUnited NationsNations waswas createdcreated atat thethe endend of of thethe SecondSecond

WorldWorld War,War, replacingreplacing thethe LeagueLeague of of NationsNations..

TheThe termterm ³United³United Nations´Nations´ waswas firstfirst usedused byby RooseveltRoosevelt toto

describedescribe thethe alliancealliance fightingfighting thethe AxisAxis powerspowers inin thethe

SecondSecond WorldWorld WarWar..

UNUN officiallyofficially camecame intointo existenceexistence onon 2424thth October,October, 19451945

ItIt startedstarted withwith 5151 countriescountries andand todaytoday therethere areare 192192

membersmembers..

Rajiv Gandhi School of Intellectual property Law, 2010



NoNo provisionsprovisions toto dealdeal effectivelyeffectively withwith aggressionaggression byby aa GreatGreat PowerPower

andand toto protectprotect thethe weak weak..

BasedBased onon thethe policypolicy of of discriminationdiscrimination betweenbetween GreatGreat PowersPowers andand

smallersmaller StatesStates..

NotNot anan universaluniversal internationalinternational organisationorganisation andand inadequateinadequate toto

assureassure globalglobal peacepeace andand cooperationcooperation..

FailedFailed miserablymiserably toto performperform itsits mainmain andand primaryprimary functionfunction of of

establishingestablishing peacepeace inin thethe worldworld..

Outbreak Outbreak of of thethe SecondSecond WorldWorld WarWar inin 19391939..

DefectsDefects of theof the League of NationsLeague of Nations




SecuritySecurity CouncilCouncil:: responsibleresponsible forfor peace,peace, hashas 1515 membersmembers

GeneralGeneral AssemblyAssembly:: mainmain deliberativedeliberative forumforum of of thethe UNUN hashas 191191

membersmembers..

EconomicEconomic andand SocialSocial CouncilCouncil:: dealsdeals withwith issuesissues of of economiceconomic

developmentdevelopment..

TheThe SecretariatSecretariat:: headedheaded byby thethe SecretarySecretary GeneralGeneral..

InternationalInternational CourtCourt of of JusticeJustice:: basedbased inin TheThe Hague,Hague, HollandHolland..

SpecialisedSpecialised agenciesagencies:: suchsuch asas thethe WorldWorld HealthHealth Organization,Organization,

InternationalInternational AtomicAtomic EnergyEnergy Agency,Agency, InternationalInternational LabourLabour

OrganizationOrganization andand othersothers..

StructureStructure of theof the United NationsUnited Nations




ObjectivesObjectives of theof the United NationsUnited Nations


As set out in article 1 of the charter the objectives are:

to maintain international peace and security.

to develop friendly relations among nations based on respect

for the principle of equal rights and self-determination of

peoples.

to cooperate in solving international economic, social,

cultural and humanitarian problems and in promoting respect

for human rights and fundamental freedoms.

to be a centre for harmonizing the actions of nations in

attaining these ends.



Why the United Nations is Relevant today

Rajiv Gandhi School of Intellectual Property Law, 2010

Why the world needs United Nations, the answer given by one of thefounders, Gladwyn Jebb of the United Kingdom, remains true today:

³It is essential to have some place ... in which reason, or law, can be brought to bear on conflicts, either for preventing

them, or for ending them in accordance with certain generally accepted rules. We must not despair if these rules are

often violated, or, more frequently ignored, or even if the Super-Powers sometimes fail to make use of the machinery

altogether. The great thing is that it should be there. And when the abyss really yawns before them I believe that this

time . . . it is to the United Nations that the nations will turn.´

A. International organizations are best platforms for advancingvalues of freedom, democracy, and rule of law.

B. An international forum for prevention or settlement of local

and international conflicts.

C. International organizations can be the most efficient wayto set international standards.

D. International organizations are effective ways to leverage

our resources for the greatest good.



E. Global problems require global solutions.

F. A plethora of issues that cross boundaries and defy effective

management by individual states:

i. International peacekeeping and global prosperity.

ii. Measures against global terrorism.

iii. Prevention of the arms race, including control of nuclear,

chemical and biological weapons both on Earth and in the outer

space

iv. Efforts against global health problems such as malnutrition,

polio, tuberculosis, malaria HIV/AIDS and other diseases.

v. Alleviation of poverty, starvation and food shortage.




vi. Protection and promotion of human rights, child rights and

equal rights of women.

vii. Environmental issues like global warming, climate change,

conservation of biodiversity, marine resource and river

management to the allocation of orbits for satellites.

viii. Relief efforts for natural disasters like flood, earthquake,tsunamis, cyclones, epidemics and pandemics.

These are some of the challenges before today¶s world which

are well beyond the capacity of individual states to mitigate. If

the United Nations did not exist, there would be a need to

develop something very much like it on the basis of these needsalone.




Some Achievements of the United Nations

A. International Peace and Security

a. Completed Peacekeeping Operations

1. United Nations Transitional Administration in East Timor (UNTAET)

2. United Nations Assistance Mission for Rwanda (UNAMR)

b. Current Operations

1. United Nations Mission in the Sudan (UNMIS)

2. United Nations Interim Force in Lebanon (UNIFIL)

3. United Nations Mission in Liberia (UNMIL)

4. United Nations Peacekeeping Force in Cyprus (UNFICYP)

5. United Nations Military Observer Group in India and Pakistan (UNMOGIP)

B. Social, Economic and Environmental issues





United Nations Transitional Administration in East Timor (UNTAET)

East Timor was under the control of Portugal. In 1974, Portugal sought to establish a

provisional government that would determine the status of East Timor. Civil war broke out

between those who favored independence and those who advocated integration with

Indonesia. Unable to control the situation, Portugal withdrew. Soon Indonesia intervened

militarily and integrated East Timor as its province in 1976.

The United Nations never recognized this integration, and both the Security Council and

the General Assembly called for Indonesia's withdrawal. The Security Council established

UNTAET in1999, by resolution 1246 (1999) to administer the territory during the

transition period and support for the formation of self government.

East Timor became an independent country on 20 May 2002. On that day itself UNTAET

was succeeded by the United Nations Mission of Support in East Timor (UNIMSET)

established by Security Council resolution 1410 (2002) to provide assistance to core

administrative structures critical to the stability of East Timor.




United Nations Assistance Mission for Rwanda (UNAMIR)

Fighting between the Armed Forces of the mainly Hutu Government of Rwanda and

the Tutsi-led Rwandese Patriotic Front (RPF) first broke out in October 1990.

The United Nations active involvement in Rwanda started in 1993, when Rwanda

and Uganda requested the deployment of military observers along the common

border to prevent the military use of the area by RPF. The Security Council in June

1993 established the United Nations Observer Mission Uganda-Rwanda

(UNOMUR) on the Ugandan side of the border to verify that no military assistance

reached Rwanda.

In October 1993, the Security Council, by its resolution 872 (1993), established

another international force, the United Nations Assistance Mission for Rwanda

(UNAMIR), to help the parties implement the agreement, monitor its implementation

and support the transitional Government.




United Nations Mission in the Sudan (UNMIS)

Sudan has seen civil conflict for all but 11 of the years since it became

independent on 1 January 1956. For more than two decades, the

Government and the Sudan People's Liberation Movement Army

(SPLMA), the main rebel movement in the south, fought over resources,

power, the role of religion in the state, and self-determination.

The Security Council, by its resolution 1590 (2005), decided to

establish the United Nations Mission in the Sudan (UNMIS) to support

implementation of the Comprehensive Peace Agreement signed by the

Government of Sudan and the SPLMA on 9 January 2005 and to

perform certain functions relating to humanitarian assistance, and

protection and promotion of human rights.




United Nations Interim Force in Lebanon (UNIFIL)

In the early 1970s, tension along the Israel-Lebanon border increased,

especially after the relocation of Palestinian armed elements from Jordan to

Lebanon. Palestinian commando operations against Israel and Israeli

reprisals against Palestinian bases in Lebanon intensified.

On 19 March, the Council adopted resolutions 425 (1978) and 426 (1978), in

which it called upon Israel immediately to cease its military action and

withdraw its forces from all Lebanese territory. It also decided on the

immediate establishment of the United Nations Interim Force in Lebanon

(UNIFIL) with three broadly defined purposes: confirming the withdrawal of

Israeli forces; restoring international peace and security; and assisting the

Government of Lebanon in ensuring the return of its effective authority in the

area.




United Nations Mission in Liberia (UNMIL)

Civil war in Liberia claimed the lives of almost 150,000 people and led to a

complete breakdown of law and order. It displaced scores of people, both

internally and beyond the borders, resulting in some 850,000 refugees in the

neighboring countries.

The United Nations Mission in Liberia (UNMIL) was established by Security

Council resolution 1509 (2003) to support the implementation of the ceasefire

agreement and the peace process; protect United Nations staff, facilities and

civilians; support humanitarian and human rights activities; as well as assist

in national security reform, including national police training and formation

of a new, restructured military.




United Nations Peacekeeping Force in Cyprus (UNFICYP)

The Republic of Cyprus became an independent state on 16 August 1960. The

Constitution of the Republic, which came into effect on the day of independence, was

intended to balance the interests of both the Greek Cypriot and the Turkish Cypriot

communities. The application of the provisions of the Constitution led to a

succession of constitutional crises and accumulated tension between the two

communities which resulted in the outbreak of violence on the island on 21

December 1963.

UNFICYP was set up by the Security Council by its resolution 186 (1964) to prevent

further fighting between the Greek Cypriot and Turkish Cypriot communities. In the

absence of a political settlement to the Cyprus problem, UNFICYP has remained on

the island to supervise ceasefire lines, maintain a buffer zone, undertake

humanitarian activities and support the good offices mission of the Secretary-

General.




UN Military Observer Group in India and Pakistan (UNMOGIP)

The Security Council adopted resolution 39 (1948), establishing the United Nations

Commission for India and Pakistan (UNCIP) to investigate and mediate the Kashmir

dispute. By its resolution 47 (1948), the Council decided to enlarge the membership

of UNCIP and to recommend various measures including the use of unarmed military

observers to stop the fighting.

The first team of unarmed military observers, which eventually formed the nucleus

of the United Nations Military Observer Group in India and Pakistan (UNMOGIP),

arrived in the mission area in January 1949 to supervise, in the State of Jammu and

Kashmir, the ceasefire between India and Pakistan and to assist the Military Adviser

to UNCIP. Despite the disagreement between India and Pakistan over UNMOGIP·s mandate

and functions, the mission has remained in the area to observe the 1971 ceasefire

arrangements.




United Nations Assistance Mission in Afghanistan (UNAMA)

The United Nations Assistance Mission in Afghanistan (UNAMA) is a

political mission established by the Security Council by resolution 1917

(2010) at the request of the Government to assist it and the people

of Afghanistan in laying the foundations for sustainable peace and

development.




The current Peacekeeping operations of the United Nations




Social, Economic and Environmental issues

Eradicate extreme poverty and hunger.

Achieve universal primary education.

By 2015, reduce by half the proportion of people without

access to safe drinking water and Sanitation.

Pollution, Climate Change and Global warming.

Ensuring Sustainable development and conservation of

Biodiversity.

Combat HIV/AIDS, malaria and other dreaded diseases.

Forming of global partnership for universal development.

Promotion of gender equality and empower women.




UN Framework Convention on Climate Change (UNFCC)

United Nations Framework Convention on Climate Change (UNFCC)

entered into force on 21 March 1994.

gathering and share information on greenhouse gas emissions, national

policies and best practices.

launching national strategies for addressing greenhouse gas emissions and

adapting to expected impacts, including the provision of financial andtechnological support to developing countries

cooperation in preparing for adaptation to the impacts of climate change




The Convention on Biological Diversity (CBD) entered into force on 29 December

1993. It has 3 main objectives:

The conservation of biological diversity, Art. 6

The sustainable use of the components of biological diversity, Art. 10

The fair and equitable sharing of the benefits arising out of the utilization of

genetic resources, Art. 15, 16, 17, 18

The Convention on Biological Diversity (CBD)




Some Basic issues with United Nations

The Membership Issue

As per article 4 of charter UN membership is open to all peace

loving states but this is subject to veto by any of the permanent

members. So there is no democratic process for membership. The

number of permanent members should be expanded to include

non-nuclear powers, which would democratize the organization.

Veto power of the Permanent Members

Nothing is more controversial than the veto power of the

permanent members. Because of this even one nation's objection,

rather than the opinions of a majority of nations, may cripple anypossible UN response to a crisis. Some of the force of veto has been

curtailed by the µUniting for Peace¶ resolution (1950) of the

General Assembly.




Some Basic issues with United Nations

Domestic Jurisdiction

Article 2 (7) of the Charter debars UN from intervening in matters which

are essentially within the domestic jurisdiction of the State. This is another

hindrance in fulfilling the goal peace and security.

The office of the Secretary General

This office carries with it enormous power, therefore it is not safe to entrust

it to whims of single individual. Rather it should be vested in a committee of

members to ensure proper check and balance.

Influence of the Super Power

This is a necessary evil to the working of UN. Reforms should be made to

check the undue influence.



ConclusionConclusion


Despite some of its limitations, the UN is an

indispensable organization, which has contributed

immensely in the following areas:

Promoting regional and sub-regional empowerment.

Promoting public awareness at various levels on

specific problems or issues that cut across nations (e.g.

population, environment, gender, small states,

indigenous people, etc.).

Fostering strong international cooperation.




.....contd.....contd

Dismantling apartheid, by portraying the true evil of

racism.

Making nations behave responsibly. (e.g. Iraq

invading Kuwait, Indonesia-East Timor, South Africa-

Namibia).

Without the UN, international relations would be very

difficult. The international diplomacy of the UN has helped

to make the world a civilized and better place in which to

live.

relevance of uno_kumar ajitabh

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