Week 8

Role of the UN & Fundamental Principles of International Law

When did the Charter of the UN enter into force?

Oct 24, 1945

Charter of the UN

multilateral treaty that serves as the UN’s “constitution”

How many States originally founded the UN and how many states are there today?

51 states founded, 193 current members

4 Aims of Charter

outlined in Article 1

1. keep the peace

2. develop relations

3. achieve international cooperation + solving international economic/social/cultural humanitarian issues + respecting human rights

4. be center for harmonizing actions of nations

Purpose & Principles of UN Charter

outlined in Articles 1 + 2

What is the two principal organ of the UN’s Organization?

1. Security Council

2. General Assembly

General Assembly

consists of all member states, each having one vote

authorized to discuss any matter within Organization’s limits (not including peace/security issues handled by Security Council)

Security Council

consists of 15 members (elected every 2 years in general assembly) + 5 permanent members

decisions can only be taken with votes of 5 permanent members

decisions exclude procedural matters + election of members of ICJ

Who are the 5 Permanent Members?

USA, Russia, China, France, Britain

Secretariat

principal instrument of Security Council and General Assembly headed by Secretary General

Who appoints the Secretary General

the General Assembly upon recommendation of the Security Council

Three other Main Organs of UN to Fulfill Specialized Functions

1. field of economic and social cooperation

2. colonial matters

3. international legal disputes or issue advisory opinions

Principal Achievements and Failures of the UN

1. Maintenance of Peace and Security

2. Promotion of the Peaceful Settlement of Disputes likely to endanger peace

3. Self-determination of Peoples

4. Economic and Social co-operation

5. Human Rights

6. Disarmament

7. Codification and progressive development of international law

What does Article 43 of UN Charter outline

establishment of UN armed forces

Why did Article 43 of UN Charter Fail

the Big 5 wouldn’t vote to give up their own military members to the UN as they thought this would cause more armed conflict than create resolution

What does Article 41 of UN Charter outline?

alternative measures used against threats/acts of aggression to keep the breach of peace

Article 41 Listed

1. economic + other sanctions

2. non-recognition of illegal situations

3. condemnation by the Security Council

4. public exposure by the General Assembly of Gross Violations

5. establishments of international criminal tribunals

start on slide 13