un principal organs

8/9/2019 UN Principal Organs

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By : Tracy TaniaILMS Public Int·l Law Training Camp

25 April 2010



Article 7 UN Charter1. There are established as principal

organs of the United Nations: a General Assembly, a Security Council, anEconomic and Social Council, aTrusteeship Council, an InternationalCourt of Justice and a Secretariat.

2.Such subsidiary organs as may be foundnecessary may be established inaccordance with the present Charter.



Consists of 15 member states (5

permanent + non permanent)

Permanent members = China, France, UK,US, Russia (article 23 UN Charter)

Non permanent members are elected

every 2 years by the General Assembly



Article 24(1) UN Charter1. In order to ensure prompt and effective action by the

United Nations, its Members confer on the Security Council primary responsibility for the maintenance of international peace and security

, and agree that incarrying out its duties under this responsibility theSecurity Council acts on their behalf.

Making recommendations for the peacefulsettlement of disputes and taking enforcementaction to deal with threats to the peace,breaches of the peact and acts of agression



Article 25 UN Charter

T he Members of the United Nations agree

to accept and carry out the decisions of the Security Council in accordance with

the present Charter.

Binding Power? ´agree to accept andcarr y outµ



Article 39 UN CharterT he Security Council shall determine the existence of any threat to the peace, breach of the peace, or act of aggression and shall

make recommendations, or decide what measures shall be taken in accordance with Articles 41 and 42, to maintain or restore

international peace and security.

Article 41 UN CharterThe Security Council may decide what measures not involvingthe use of armed force are to be employed to give effect to itsdecisions, and it may call upon the Members of the United

Nations to apply such measures. These may include completeor partial interruption of economic relations and of rail, sea, air,postal, telegraphic, radio, and other means of communication,and the severance of diplomatic relations.



Article 43 UN CharterShould the Security Council consider that

measures provided for in Article 41 would be

inadequate or have proved to be inadequate, it may take such action by air, sea, or land forces as may be necessary to maintain or restore

international peace and security. Such action

may include demonstrations, blockade, and other operations by air, sea, or land forces of

Members of the United Nations.



Each permanent member has a veto on

non-procedural matter

Implications? Criticized as a crippling-limitation on the

powers of SC

Most political organin UN



Consists of all the member states of the UN 192 member states A forum for multilateral discussion of a very wide

scope of international issues covered by the Charter.

Article 10 UN CharterT he General Assembly may discuss any questions or any matters within the scope of the present Charter or relating to the powers and functions of any organs provided for in the present Charter , and, except as provided in Article 12, may make recommendations tothe Members of the United Nations or to the Security Council or to both on any such questions or matters.



Consider and make recommendations on the general principles of cooperation for maintaining international peace and security, includingdisarmament;

Discuss any question relating to international peace and security and,except where a dispute or situation is currently being discussed by theSecurity 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 andfunctions of any organ of the United Nations; Initiate studies and make recommendations to promote international

political cooperation, the development and codification of internationallaw, the realization of human rights and fundamental freedoms, andinternational collaboration in the economic, social, humanitarian, cultural,educational and health fields;

Make recommendations for the peaceful settlement of any situation thatmight impair friendly relations among nations;

Receive and consider reports from the Security Council and other UnitedNations organs;

Consider and approve the United Nations budget and establish thefinancial assessments of Member States;

Elect the non-permanent members of the Security Council and themembers of other United Nations councils and organs and, on therecommendation of the Security Council, appoint the Secretary-General.



Binding Power? GA Resolution is not bindind upon member

states

It may however take decisions which are binding

on member states for some matter (ex:

Budgetary)

Although it·s not binding, it can have important

legal effects It may be evidence of CIL or

correct interpretation of the UN Charter

(Nuclear Weapon Adv Opinion 1996 par 70)



Article 97 UN CharterT he Secretariat shall comprise a Secretary-General and such staff as the Organization

may require.T he Secretary-General shall beappointed by the General Assembly uponthe recommendation of the Security Council.

He shall be the chief administrative officer of the Organization.

Around 40.000 staffs around the world



Carry out day-to-day work of the organization mostly administrative works (ex: administeringpeacekeeping operations to mediatinginternational disputes, surveying economic and

social trends and problems to preparing studieson human rights and sustainable development,inform the world's communications media aboutthe work of the United Nations; organizeinternational conferences on issues of worldwide

concern; and interpret speeches and translatedocuments into the Organization's officiallanguages.)



Article 99 UN CharterT he Secretary-General may bring to theattention of the Security Council any matter which in his opinion may threaten the

maintenance of international peace and

security.

Secretary General is expected to take politicalinitiatives.

1989 : Javier Pérez de Cuellar requested anurgent meeting of the Security Council to beconvened after an escalation in the militaryconfrontation in and around Beirut, Lebanon.



54 member states (18 members are

elected each year by the GA)

Main function = make or initiate studiesand reports, make recommendations,

prepare draft conventions, and organize

int·l conferences (like GA but limited to

international economic, social, cultural,educational, health, and related matters)



Coordinate the activities of the

¶specialized agenciesµ

Specialized Agencies = organizationsestablished by intergovernmental

agreement and having wide international

responsibilities, such as economic, social,

cultural, educational, health, and relatedfields (ex: ILO, IMF, UNESCO)



Article 86 UN CharterT he T rusteeship Council shall consist of the following Members of theUnited Nations:

a. thoseM embers administering trust territories ;

b. such of those M embers mentioned by name in Article 23 as are not administering trust territories ;and

c. as many other M embers elected for three-year terms by theGeneral Assembly as may be necessary to ensure that the total number of members of the T rusteeship Council is equally divided between those Members of the United Nations which administer trust

territories and those which do not.TheTrusteeship Council suspended operation on 1 November1994, with the independence of Palau, the last remaining UnitedNations trust territory, on 1 October 1994.



Supervising the administration of Trust Territoriesplaced under the Trusteeship System

Promote the advancement of the inhabitants of Trust

Territories and their progressive developmenttowards self-government or independence

Examine and discuss reports from the Administering Authority on the political, economic, social andeducational advancement of the peoples of TrustTerritories and, in consultation with the Administering Authority, to examine petitions fromand undertake periodic and other special missionsto Trust Territories (Article 87 UN Charter)



UN Principal Judiciary Organ of the

United Nation

15 Judges elected by the GA and SCCompetency = Contentious Case +

Advisory Opinion



States entitled to appear before the court- State parties to ICJ Statute which consist of UN

member states and non UN member states- Non state parties to the ICJ

SC Res9 (1946)1. State that has previously deposited with theRegistrar of the Court a declaration by which itaccepts the jurisdiction of the Court2. State undertakes to comply in good faith with

the decision or decisions of the Court and toaccept all the obligations of a Member of theUnited Nations under Article 94 of the Charter.



Special Agreement

Case provided for in treaties and

conventionsCompulsory jurisdiction in legal disputes

Forum prorogatum

Interpretation of a Judgement

Revision of a Judgement



Art 59 ICJ Statute ICJ·s decision only bindsstate parties

Art 94 UN Charter each Member of the

United Nations undertakes to comply withthe decision of the International Court of

Justice in any case to which it is a partyNon compliance enforcement measure

under article 94(2) UN Charter recourse to the Security Council recommendations

or decide upon measures to be taken to give effectto the judgment.



Only organisations authorised or in

accordance by UN Charter can request

an advisory opinion Art 96 UN Charter SC and GA

Other authorised specialised agencies

No binding power except in specialcircumstances



Advisory opinion represents the

participation of the Court in UN activities

The exercise of advisory opinion involves

coordination between UN organs and ICJ

UN principles = specialisation, non-

subordination, competence, and

COORDI

NATI

ON (Judge Bedjaoui) ICJ and UN bodies concerns of

achieveing UN main goals coordination

advisory opinion work as a ́ mediaµ



Relationship between ICJ and Security

Council Does ICJ has the authority to review the action

taken by SC?

If yes, does ICJ has the authority to review SC·s

action related to the matter of maintenance of

peace and security?

If yes, what is the standard of of review to such

decision?

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