Charter of the United Nations 10

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THE CHARTER OF THE

UNITED NATIONSUnit 26


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Preview

History

Origins of the Charter

Charter of the UN Purposes of the UN

Principles of the UN

Structure of the UN


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First International Organizations

1865 The InternationalTelecommunication Union

1874 International TelegraphUnion; Universal Postal Union


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First International PeaceConference

1899 1st International PeaceConference (The Hague):

1) the Convention for the PacificSettlement of International Disputesand

2) the Permanent Court ofArbitration (1902)


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The League of Nations

Established in 1919 under the Treaty of Versailles

to promote international cooperation and toachieve peace and security

1919 The International Labour Organisationcreated as an affiliated agency of the League

The League of Nations ceased its activities afterfailing to prevent the Second World War

Dissolved in 1946; transferral of functions andproperty to the UN


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United Nations: Name

The term UN was coined by FranklinD. Roosevelt;

first used in the Declaration byUnited Nations of 1 Jan. 1942 whenrepresentatives of 26 nationspledged their governments to

continue fighting together againstthe Axis Powers


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Origins of the UN Charter

1942 The Atlantic Charter

1943 The Moscow Conference

1944 Dumbarton Oaks Proposals


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The Atlantic Charter

Principles laid down by PresidentRosevelt and Prime Minister Churchill

The Charter did not contemplate the

establishment of an organization ofStates to replace the League

The need of creating a collective

security system and establishingstrong economic and socialcooperation between the States


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The Moscow Conference (1943)

The Declaration of the Four Nations (U.S.,Soviet Union, UK, China) recognized:

the necessity of establishing ...a general

international organization, based on theprinciple of the sovereign equality of allpeace-loving States and open tomembership by all such States, large andsmall, for the maintenance of internationalpeace and security


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Dumbarton Oaks Proposals (1944)

Representatives of the same 4Governments met to lay down thefoundations of the future worldorganization

Purposes of the Organization: tomaintain international peace and security,develop friendly relations among nations,promote cooperation in economic andsocial matters

Basic organs: the Assembly, the Council,the Secretariat, headed by the SecretaryGeneral, and the Court of Justice


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The San Francisco Conference(April 25 June 26, 1945)

Representatives of 50 states met todraw up the UN Charter based onDumbarton Oaks proposals by the

Great Powers (China, the SovietUnion, the UK, the US)

The Charter unanimously approved

and signed by all the participatingStates, original members of the UN


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United Nations Charter(www.un.org/aboutun/charter)

Constituting instrument of theOrganization

Rights and obligations of memberstates

UN organs and procedures


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Preamble

WE THE PEOPLES OF THE UNITED NATIONSDETERMINED to save succeeding generationsfrom the scourge of war, which twice in ourlifetime has brought untold sorrow to mankind,

and to reaffirm faith in fundamental humanrights, in the dignity and worth of the humanperson, in the equal rights of men and womenand of nations large and small, and to establishconditions under which justice and respect for the

obligations arising from treaties and othersources of international law can be maintained,and to promote social progress and betterstandards of life in larger freedom,


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Preamble

AND FOR THESE ENDS to practicetolerance and live together in peace withone another as good neighbours, and tounite our strength to maintain

international peace and security, and toensure, by the acceptance of principlesand the institution of methods, that armedforce shall not be used, save in thecommon interest, and to employ

international machinery for the promotionof the economic and social advanced of allpeoples,


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Preamble

HAVE RESOLVED TO COMBINE OUREFFORTS TO ACCOMPLISH THESE AIMS.Accordingly, our respective Governments,through representatives assembled in thecity of San Francisco, who have exhibitedtheir full powers found to be in good anddue form, have agreed to the presentCharter of the United Nations and do

hereby establish an internationalorganization to be known as the UnitedNations.


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Purposes of the UN

To maintain international peace and security

To develop friendly relations among nationsbased on respect for the principle of equal rightsand self-determination of peoples

To cooperate in solving international economic,social, cultural and humanitarian problems and inpromoting respect for human rights andfundamental freedoms

To be a centre for harmonizing the actions ofnations in attaining these common ends


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UN Principles

It is based on the sovereign equalityof all members

All members are to fulfil in good faiththeir Charter obligations

They are to settle their internationaldisputes by peaceful means andwithout endangering internationalpeace, security and justice


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UN Principles

Members are to refrain from the threat oruse of force against any other state

They are to give the UN every assistance

in any action it takes in accordance withthe Charter

Nothing in the Charter is to authorize theUN to intervene in matters which areessentially within the domestic jurisdictionof any state


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Membership

Open to all peace-loving nations whichaccept the obligations of the Charter

The General Assembly admits new

member states on the recommendation ofthe Security Council

The Charter provides for the suspension orexpulsion of a member for violation of theprinciples of the Charter (no such actionhas ever been taken)


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Official languages

Arabic

Chinese

English French

Russian

Spanish


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Structure of the Organization

The General Assembly

The Security Council

The Economic and Social Council The Trusteeship Council

The International Court of Justice

The Secretariat


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General Assembly(www.un.org/ga)

Representatives of all memberstates, each of which has one vote

Decisions on important issues, e.g.Peace and security, admission of newmembers, budgetary matters requirea two thirds majority


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Security Council

Maintenance of international peace ofsecurity

15 members: 5 permanent (China,France, the Russian Federation, theUK, the US); 10 members elected bythe General Assembly for two-year

terms


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Security Council

Decisions on procedural andsubstantive matters require 9 votes

Permanent members: power of veto

All members of the UN have areobliged to accept the decisions of theSecurity Council


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Economic and Social Council(www.un.org/esa/coordination/ecosoc)

Coordinates the economic, social andrelated work of the UN and thespecialized agencies and institutions

54 members, who serve for three-year terms


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International Court of Justice(www.icj-cij.org)

The principal judicial organ of the UN

Settles legal disputes between states

Gives advisory opinions to the UN Open to all member states; not open

to private persons and entities or

international organizations


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Jurisdiction of the ICJ

Decides disputes by applying:

International conventions establishingrules recognized by the contesting states;

International custom as evidence of ageneral practice accepted as law;

The general principles of law recognizedby nations

Judicial decisions and the teachings of themost qualified scholars of the variousnations


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Membership of ICJ

15 judges elected by the GeneralAssembly and the Security Council,voting independently

Chosen on the basis of theirqualifications; care is taken thatprincipal legal systems of the world

are represented


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Membership of ICJ

No two judges can be from the samecountry

Serve 9-year term and may be re-elected

They cannot engage in any otheroccupation during their term of office


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Secretariat(www.un.org/documents/st)

Secretary General appointed by theGeneral Assembly on the recommendationof the Security Council for a five-year,

renewable term Administering peacekeeping operations,

mediating international disputes,surveying economic and social trends,

preparing studies on human rights andsustainable development


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Secretariat

Informs the worlds media about the workof the UN, organizes internationalconferences, translates documents intothe official languages

Staff of 7,500 drawn from 170 countries

Headquarters: New York; main centres ofactivities: Geneva (disarmament, human

rights), Vienna (crime prevention,international trade law, peaceful uses ofouter space), Nairobi (environment,human settlements)


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Secretary-General(www.un.org/News/ossg/sg)

Symbol of UN ideals and aspokesman for the interests of theworlds peoples

Chief administrative officer of the UN

Brings to the attention of theSecurity Council any matter which

may threaten the maintenance ofinternational peace and security


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Secretary General

Consultations with world leaders,government officials, representativesof civil society groups, the private

sector and others

Annual report on the work of theOrganization


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The UN family of organizations

UN secretariat

UN funds and programmes (e.g.UNICEF)

Specialized agencies (e.g. UNESCO,WHO)

Related organizations (e.g. WTO)


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International tribunals

International Criminal Tribunal forthe Former Yugoslavia (ICTY)

International Criminal Tribunal forRwanda (ICTR)

International Criminal Tribunal for the Former


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International Criminal Tribunal for the FormerYugoslavia (ICTY)(www.un.org/icty)

Created by the Security Council in1994

Mandate to prosecute persons

responsible for serious violations ofinternational humanitarian lawcommitted since 1991

16 permanent judges, 27 ad litemjudges, staff of 1,238 from 84countries


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Fill in the missing words:

Observance, rule, development,recognition, conscience, foundation,realization, freedom, standards,

promotion


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Universal Declaration of HumanRights: Preamble

Whereas _____of the inherentdignity and of the equal andinalienable rights of all members of

the human family is the_____offreedom, justice and peace in theworld,


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Preamble

Whereas disregard and contempt ofhuman rights have resulted inbarbarous acts which have outraged

the___of mankind, and the adventof a world in which human beingsshall enjoy___of speech and belief

and freedom from fear and want hasbeen proclaimed as the highestaspiration of the common people,


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Preamble

Whereas it is essential, if man is notto be compelled to have recourse, asa last resort, to rebellion against

tyranny and oppression, that humanrights should be protected by the __of law,

Whereas it is essential to promotethe ____of friendly relationsbetween nations,


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Preamble

Whereas the peoples of the UnitedNations have in the Charterreaffirmed their faith in fundamental

human rights, in the dignity andworth of the human person and inthe equal rights of men and women

and have determined to promotesocial progress and better___of lifein larger freedom,


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Preamble

Whereas Member States have pledgedthemselves to achieve, in co-operationwith the United Nations, the ___of

universal respect for and ___ of humanrights and fundamental freedoms,

Whereas a common understanding ofthese rights and freedoms is of the

greatest importance for the full ___ of thispledge,


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Universal Declaration of HumanRights: Preamble

Whereasrecognition of the inherentdignity and of the equal andinalienable rights of all members of

the human family is the foundationof freedom, justice and peace in theworld,


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Preamble

Whereas disregard and contempt ofhuman rights have resulted inbarbarous acts which have outraged

the conscience of mankind, and theadvent of a world in which humanbeings shall enjoy freedom ofspeech and belief and freedom from

fear and want has been proclaimedas the highest aspiration of thecommon people,


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Preamble

Whereas it is essential, if man is notto be compelled to have recourse, asa last resort, to rebellion against

tyranny and oppression, that humanrights should be protected by therule of law,

Whereas it is essential to promotethe development of friendlyrelations between nations,


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Preamble

Whereas the peoples of the UnitedNations have in the Charterreaffirmed their faith in fundamental

human rights, in the dignity andworth of the human person and inthe equal rights of men and women

and have determined to promotesocial progress and betterstandards of life in larger freedom,


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Preamble

Whereas Member States have pledgedthemselves to achieve, in co-operationwith the United Nations, the promotion of

universal respect for and observance ofhuman rights and fundamental freedoms,

Whereas a common understanding ofthese rights and freedoms is of the

greatest importance for the fullrealization of this pledge,


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Preamble

Now, therefore,

The General Assembly

Proclaims this Universal Declarationof Human Rights as a commonstandard of achievement for allpeoples and all nations..


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ICJ is the principal judicial body ofthe UN. Its seat is in The Hague. Itbegan work in 1946, when it

replaced the Permanent Court ofInternational Justice which hadfunctioned in The Hague since 1922.


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Below is some information about thecourt and its activities. Match theinformation to the following

headings. You will need to use someheadings more than once:


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Exercise

Functions of the Court

Composition

The Parties in Cases between States

Jurisdiction in Cases between States

Procedure in Cases between Sttes

Sources of Applicable law Advisory Opinions


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Exercise

ICJ Headings

One of the roles of theCourt is to settle in

accordance withinternational law thelegal disputes submittedby States

The advisory procedureof the Court is opensolely to internationalorganizations


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Exercise

ICJ Headings

The Court decides inaccordance with

international treatiesand conventions inforce, internationalcustom, the general

principles of law and,as subsidiary means,

judicial decisions andthe teachings ofurists


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Exercise

ICJ Headings

The Members of theCourt do not represent

their governments butare independentmagistrates

The court is competentto entertain a disputeonly if the Statesconcerned have acceptedits jurisdiction


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Exercise

ICJ Headings

The other role is togive advisory

opinions on legalquestions referred toit by duly authorizedinternational organs

and agenciesOnly States mayapply to and appear

before the Court


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Exercise

ECJ Headings

The Court is composed of15 judges elected tonine-year terms of officeby the UN GeneralAssembly and SecurityConcil

After the oral

proceedings, the Courtdeliberates in cameraand then delivers itsjudgement at a public

sitting


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Exercise

ECJ Headings

If one of the Statesinvolved fails to

comply with it, theother party may haverecourse to theSecurity Council of

the UN


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Exercise

ECJ Headings

The Court may notinclude more thanone judge of anynationality

The judgement isfinal and withoutappeal

Documents

Charter of the United Nations 10