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The United Nations was born of perceived necessity, as a means of better arbitrating

international conflict and negotiating peace than was provided for by the old League of
Nations. The growing Second World War became the real impetus for the United States,
Britain, and the Soviet Union to begin formulating the original U.N. Declaration, signed by
26 nations in January 1942, as a formal act of opposition to Germany, Italy, and Japan, the
Axis Powers.
The principles of the U.N. Charter were first formulated at the San Francisco
Conference, which convened on April 25, 1945. It was presided over by President Franklin
Roosevelt, British Prime Minister Winston Churchill, and Soviet Premier Joseph Stalin, and
attended by representatives of 50 nations, including 9 continental European states, 21 North,
Central, and South American republics, 7 Middle Eastern states, 5 British Commonwealth
nations, 2 Soviet republics, 2 East Asian nations, and 3 African states. The conference laid out
a structure for a new international organization that was to save succeeding generations from
the scourge of war to reaffirm faith in fundamental human rights to establish conditions under
which justice and respect for the obligations arising from treaties and other sources of
international law can be maintained, and to promote social progress and better standards of
life in larger freedom.Two other important objectives described in the Charter were
respecting the principles of equal rights and self-determination of all peoples (originally
directed at smaller nations now vulnerable to being swallowed up by the Communist
behemoths emerging from the war) and international cooperation in solving economic, social,
cultural, and humanitarian problems around the world.
Now that the war was over, negotiating and maintaining the peace was the practical
responsibility of the new U.N. Security Council, made up of the United States, Great Britain,
France, the Soviet Union, and China. Each would have veto power over the other. Winston
Churchill called for the United Nations to employ its charter in the service of creating a new,
united Europe-united in its opposition to communist expansion-East and West. Given the
composition of the Security Council, this would prove easier said than done.1

CHAPTER- 2
THE CHARTER
The preamble consists of two principal parts. The first part contains a general call for
the maintenance of peace and international security and respect for human rights. The second
1 www.un.org/en/documents/charter/intro.shtml, Last Visited- 17-11-2014, Op-cit

part of the preamble is a declaration in a contractual style that the governments of the peoples
of the United Nations have agreed to the Charter.

Preamble2

We the peoples of the United Nations determined


to save succeeding generations from the scourge of war, which twice in our lifetime
has brought untold sorrow to mankind, and
to reaffirm faith in fundamental human rights, in the dignity and worth of the human
person, in the equal rights of men and women and of nations large and small, and
to establish conditions under which justice and respect for the obligations arising from
treaties and other sources of international law can be maintained, and
to promote social progress and better standards of life in larger freedom,
And for these ends
to practice tolerance and live together in peace with one another as good neighbours,
and
to unite our strength to maintain international peace and security, and
to ensure, by the acceptance of principles and the institution of methods, that armed
force shall not be used, save in the common interest, and
to employ international machinery for the promotion of the economic and social
advancement of all peoples,
Have resolved to combine our efforts to accomplish these aims
Accordingly, our respective Governments, through representatives assembled in the
city of San Francisco, who have exhibited their full powers found to be in good and due form,
have agreed to the present Charter of the United Nations and do hereby establish an
international organization to be known as the United Nations.
The Charter consists of series of articles grouped into chapters.3

2 www.unic.org.in/items/Other_UNCharter.pdf Last Visited- 17-11-2014, Op-cit


3 http://www.icj-cij.org/documents/index.php?p1=4&p2=1& Last Visited- 17-112014, Op-Cit

Chapter I sets forth the purposes of the United Nations, including the important
provisions of the maintenance of international peace and security.

Chapter II defines the criteria for membership in the United Nations.

Chapters III-XV, the bulk of the document, describes the organs and institutions of
the UN and their respective powers.

Chapters XVI and Chapter XVII describe arrangements for integrating the UN with
established international law.

Chapters XVIII and Chapter XIX provide for amendment and ratification of the
Charter.

The following chapters deal with the enforcement powers of UN bodies:

Chapter VI describes the Security Council's power to investigate and mediate


disputes;

Chapter VII describes the Security Council's power to authorize economic,


diplomatic, and military sanctions, as well as the use of military force, to resolve
disputes;

Chapter VIII makes it possible for regional arrangements to maintain peace and
security within their own region;

Chapters IX and Chapter X describe the UN's powers for economic and social
cooperation, and the Economic and Social Council that oversees these powers;

Chapters XII and Chapter XIII describe the Trusteeship Council, which oversaw
decolonization;

Chapters XIV and Chapter XV establish the powers of, respectively, the
International Court of Justice and the United Nations Secretariat.

Chapters XVI through Chapter XIX deal respectively with XVI: miscellaneous
provisions, XVII: transitional security arrangements related to World War II, XVIII:
the charter amendment process, and XIX: ratification of the charter.

CHAPTER- 3
ORGANIZATION OF THE UNITED NATIONS
Understanding the structure and organization of the United Nations is the first step to
using United Nations documents effectively, because most documents are arranged and
accessed by organ. The six principal organs of the United Nations are: the General Assembly,
the Economic and Social Council, the International Court of Justice, the Secretariat, the
Security Council, and the Trusteeship Council.4
1. General Assembly
The General Assembly is the main deliberative and policy-making body of the United
Nations. All member countries participate in the General Assembly. Each country has one
vote, and all votes count equally. The regular session of the General Assembly begins in
September of each year and usually continues through mid-December. Special or Emergency
Special Sessions may be called throughout the year. The General Assembly has six main
committees: Disarmament and International Security; Economic and Financial; Social,
Humanitarian, and Cultural; Special Political and Decolonization; Administrative and
Budgetary; and Legal.
2. Economic and Social Council
4 www.unic.org.in/items/Other_UNCharter.pdf, Last Visited- 17-11-2014, Op-cit

The Economic and Social Council (ECOSOC) was set up to promote world
cooperation on economic and social problems; it coordinates the work of the UN specialized
agencies and commissions. The 54 member governments of ECOSOC are elected by the
General Assembly for terms of three years, with 18 elected each year.
3. International Court of Justice
The International Court of Justice (ICJ or World Court) is the principal judicial organ
of the United Nations. It was created under Chapter 14 of the Charter of the United Nations
and has its seat in The Hague, Netherlands. The court's power to decide international disputes
is defined by the Statute of the International Court of Justice. The court also provides judicial
guidance to the other major organs of the United Nations on legal questions arising within the
scope of their activities. The fifteen judges on the court are elected by the General Assembly
and the Security Council for terms of nine years. No two judges can be nationals of the same
state, and the principal legal systems of the world are represented on the court.
4. Secretariat
The Secretariat provides studies, information, and facilities needed by the various
bodies of the United Nations for their meetings. The Secretary General heads the Secretariat;
his duties include helping to resolve international disputes, administering peace-keeping
operations,

organizing

international

conferences,

gathering

information

on

the

implementation of Security Council decisions, and consulting with member governments


regarding various international relations initiatives.5
5. Security Council
The Security Council is charged with the task of promoting international peace and
security in all parts of the world. The Security Council investigates disputes, determines the
existence of threats to the peace and acts of aggression, and recommends what action
(including military action) should be taken against aggressors. The Security Council is made
up of the five permanent members (China, France, Russian Federation, U.K., and U.S.A.) and
ten other members elected by the General Assembly for two-year terms. Decisions on
substantive matters require nine votes (including concurring votes of all five permanent
members).
6. Trusteeship Council

5 www.unic.org.in/items/Other_UNCharter.pdf, Last Visited- 17-11-2014, Op-cit

The Trusteeship Council was responsible for administering and preparing eleven trust
territories for self-government and independence. The Trusteeship Council suspended
operations on November 1, 1994, with the independence of Palau, the last remaining U.N.
trust territory, and will meet only as the occasion requires.6

6 https://law.duke.edu/sites/default/files/lib/un.pdf, Last Visited- 17-11-2014, OpCit.

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