United Nations

UN Charter as a treaty

derives its binding force from the agreement of the parties to it

UN Charter as a constitution

provides for the organization and operations of the different organizations of the United Nations and for the adoption of any change in its provisions through a formal process of amendment

How is the UN Charter amended?

Amendments to the Charter shall come into force for all members of the United Nations when they have been adopted by a vote 2/3 of the members of the General Assembly and ratified in accordance with their respective constitutional processes by two-thirds of the members of the United Nations, including all the permanent members of the Security Council.

How is a general conference called?

A general conference may also be called by majority vote of the General Assembly and any nine members of the Security Council for the purpose of reviewing the Charter. Amendments may be proposed by 2/3 votes of the conference and shall take effect when ratified by 2/3 of the members of the United Nations, including the permanent members of the Security Council.

Preamble

introduces the Charter and sets the common intentions that moved the original members to unite their will and efforts to achieve their common purposes

What are the purposes of the UN?

(1) to maintain international peace and security, (2) to develop friendly relations among nations, (3) to achieve international cooperation in solving international problems, (4) to be a center for harmonizing the actions of nations in the attainment of these common ends

What are the principles of the United Nations?

1. The Organization is based on the principle of the sovereign equality of all its Members.

2. All Members, in order to ensure to all of them the rights and benefits resulting from membership, shall fulfill in good faith the obligations assumed by them in accordance with the present Charter.

3. All Members shall settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered.

4. All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations.

5. All Members shall give the United Nations every assistance in any action it takes in accordance with the present Charter, and shall refrain from giving assistance to any state against which the United Nations is taking preventive or enforcement action.

6. 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 for the maintenance of international peace and security.

7. Nothing contained in the present Charter shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state or shall require the Members to submit such matters to settlement under the present Charter; but this principle shall not prejudice the application of enforcement measures under Chapter Vll.

domestic jurisdiction clause

as long as the matter remains internal, the same cannot be subject to the intervention by the United Nations

what are the exceptions to the domestic jurisdiction clause

(1) where the internal conflict aggravates into a threat to or actual breach of international peace and security, (2) where the parties voluntarily invoke and submit to the jurisdiction of the United Nationals for the settlement of their dispute

what are the two kinds of members in the UN

Original and elective

original or charter members

states which, having participated in the United Nations Conference on International Organization at San Francisco or having previously signed the Declaration by the United Nations of January 1, 1941, signed and ratified the Charter of the United Nations

elective members

admitted to the United Nations by decision of the General Assembly upon the favorable recommendation of the Security Council

qualifications that an applicant must possess to be eligible for admission

(1) it must be a state, (2) it must be peace-loving, (3) it must accept the obligations of the Charter, (4) it must be able to carry out these obligations, (5) it must be willing to carry out these obligations