Principal Organs
Privileges and Immunities of the United Nations ¯°º°¯
THE UNITED NATIONS
It is an international organization created at the San Francisco Conference which was held in the United States from April 25 to June 26, 1945. The U.N., as it is commonly called, succeeded the League of Nations and is governed by a Charter which came into force on October 24, 1945. composed originally of only 51 members, the UN has grown rapidly to include most of the states in the world.
Who was the advocate of forming the UN?
In his famous Fourteen Points for the peace settlement, Woodrow Wilson called for the establishment of a “general association of nations for world peace under specific covenants for mutual guarantees of political independence and territorial integrity to large and small States alike.” And so, the League of Nations was formed.
Who coined the name UN?
It was President Roosevelt who suggested early in 1942 the name UN for the group of countries which were fighting the Axis powers.
What are the principal 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 economic, social, cultural and humanitarian problems
4. To promote respect for human rights
5. To be a center of harmonizing the actions of nations towards those common goals.
What are the principles of the UN?
1. All its members are equal and all are committed to fulfill in good faith their obligations under the Charter
2. To settle their disputes with each other by peaceful means
3. To refrain form the threat or use of force in their international relations
4. To refrain from assisting any State against which the UN is taking preventive or enforcement action.
2 Kinds of Membership
a. Original
b. Elective – those subsequently admitted upon the recommendation of the UN Security Council.
Qualifications for Membership
1. Must be State
2. Must be Peace-loving
3. Must accept the obligations as member
4. In the judgment of the Organization, be able and willing to carry out such obligation.
How is Admission conducted?
1. Recommendation of a qualified majority in the Security Council
- The affirmative vote of at least 9 members including the Big 5.
2. Approval of the General Assembly (GA) by a vote of at least 2/3 of those present and voting.
Note: Both SC and GA votes must be complied with.
Suspension of Membership
Suspension may occur when a preventive or enforcement action has been taken by the SC. The SC may, by a qualified majority, recommend suspension to the GA who shall in turn concur with a 2/3 vote of those present and voting.
Discipline does not suspend the member’s obligations but only the exercise of its rights and privileges as a member. Only the SC may lift the suspension by a qualified majority.
Expulsion of a Member
The penalty of expulsion may be imposed upon a member which has persistently violated the principles in the UN Charter. Same voting requirement as to suspension.
Withdrawal of Membership – Indonesia Case
The Charter is silent regarding withdrawal of membership. In 1985, Indonesia withdrew its membership from the UN and it was not compelled to remain. Subsequently, upon President Sukarno’s overthrow, Indonesia resumed its membership, which was accepted by the UN.
The Principal Organs
1. General Assembly (GA) 2. Security Council (SC)
3. Economic and Social Council (ESC) 4. Trusteeship Council (TC)
5. International Court of Justice (ICJ) 6. Secretariat
Subsidiary Organs – those which was created by
the Charter itself or which it allows to be created whenever necessary by the SC or GA.
1. Little Assembly – Interim Committee, created in 1947 for a term of one eyar and re- established in 1949 for an indefinite term. Composed of one delegate for each member- state, it meets when the General Assembly is in recess and assists this body in the performance of its functions.
2. Military Staff Committee 3. Human Rights Commission
Notes:
Specialized Agencies – not part of the UN, but
have been brought into close contact with it because of their purposes and functions, such as:
1. World Health Organization 2. International Monetary Fund 3. Technical Assistance Board
Proposals for Amendments to the UN Charter and Ratification
2 ways of adopting proposals:
a. directly, by 2/3 votes of all GA members b. by 2/3 of a general conference called for this purpose by 2/3 of the GA and any 9 members of the SC.
Any amendment thus proposed shall be subject to ratification by at least 2/3 of the GA, including the permanent members of the SC.
¯°º°¯
UN General Assembly
This is the central organ of the UN. The principal deliberative body of the organization and is vested with jurisdiction over matters concerning the internal machinery and operations of the UN.
GA Composition
Consists of all the members of the UN. Each member is entitled to send no more than 5 delegates and 5 alternates and as many technical and other personnel as it may need.
The reason for this system of multiple delegates is to enable the members to attend of several meetings that may be taking place at the same time in the different organs or committees of the Organization.
However, each delegation is entitled only to one vote in the decisions to be made by the GA.
GA Sessions
1. Regular sessions – every year beginning the third Tuesday of September.
2. Special sessions – may be called at the request of the SC, a majority of the member states, or one member with the concurrence of the majority.
3. Emergency special session – may be called within 24 hours at the request of the SC by vote of any 9 members or by a majority of the members of the UN.
Some Important Functions of the GA
1. Deliberative – discuss principles regarding maintenance of international peace and security and may take appropriate measures toward this end.
2. Supervisory – receives and considers reports from the other organs of the UN.
3. Elective – important voting functions are also vested in the GA, such as the election of the non-permanent members of the SC, some
members of the TC and all the members of the ESC, and with the SC selects the judges of the ICJ; also participates in the amendment of the Charter.
4. Budgetary – controls the finances of the UN 5. Constituent – amendment of the charter.
GA Voting Rules
Each member or delegation has 1 vote in the GA. Important Questions are decided by 2/3 majority of those present and voting. All other matters, including the determination of whether a question is important or not, are decided by simple majority.
Important Questions include: a) peace and security b) membership c) election
d) trusteeship system e) budget
GA Main Committees
Most questions are then discussed in its six main committees:
1st Committee - Disarmament & International Security
2nd - Economic & Financial
3rd - Social, Humanitarian & Cultural 4th - Special Political & Decolonization 5th - Administrative & Budgetary 6th - Legal
Some issues are considered only in plenary meetings, while others are allocated to one of the six main committees. All issues are voted on through resolutions passed in plenary meetings, usually towards the end of the regular session, after the committees have completed their consideration of them and submitted draft resolutions to the plenary Assembly.
Voting in Committees is by a simple majority. In plenary meetings, resolutions may be adopted by acclamation, without objection or without a vote, or the vote may be recorded or taken by roll-call. While the decisions of the Assembly have no legally binding force for governments, they carry the weight of world opinion, as well as the moral authority of the world community.
The work of the UN year-round derives largely from the decisions of the General Assembly - that is to say, the will of the majority of the members as expressed in resolutions adopted by the Assembly. That work is carried out:
a. by committees and other bodies established by the Assembly to study and report on specific issues, such as disarmament, peacekeeping, development and human rights;
b. in international conferences called for by the Assembly; and