CHAPTER 4 THE UNITED NATIONS 4.1 History a.

League of Nations- a world government to which national sovereignties would be subject and under which all nations would work together in pursuit of their common purposes -formally dissolved in 1949 after it failed to prevent World War I b. London Declaration June 12, 1941 several members of the British Commonwealth and a number of governments in exile had already agreed to work together, and with other peoples, in war and peace, toward economic and social progress c. Atlantic Charter August 14, 1941 signed by Franklin Roosevelt and Winston Churchill which expressed their hope for a peace which will afford to all nations the means of dwelling in safety within their boundaries and which will afford assurance that all men in all lands may lead out their lives in freedom from fear and want d. Declaration of the United Nations January 1, 1942 signed by 26 countries and adhered to by 21 others e. Moscow Declaration October 30, 1943 first formal step towards the creation of UN, signed by China, Soviet Union, UK and US Recognised the necessity of establishing at the earliest practicable date a general international organization based on principle of sovereign equality of all peace-loving states

4.3 The UN Charter a. It is a treaty because it derives its binding force from the agreement of parties; it is a constitution because it provides for the organization and operations of the various organs of the UN b. Applies not only to members but also to nonmember states as international peace and security requires c. In case of conflict, obligations on the present charter prevail d. Amendments require a vote of 2/3 of the members of general assembly and must be ratifies by 2/3 of the members of the UN 4.4 Purposes of UN (MDAC) a. To maintain international peace and security for the prevention and removal of threats to peace and suppression of acts of aggression b. To develop friendly relations among nations based on respect for principle of equal rights and selfdetermination c. To achieve international cooperation in solving international problems d. To be a centre for harmonizing the actions of nations in the attainment of common ends 4.5 Principles (EG PeT ANI) a. Organization is based on the sovereign equality of all members b. Fulfil in good faith the obligations assumed by them in accordance with the present charter c. Settle international disputes by peaceful means

f.

Teheran Conference 1943 acknowledged the supreme responsibility resting on states to make a peace that will command goodwill

g. Dumbarton Oaks Proposal 1944 the initial blueprint of the UN h. Yalta Conference February 11, 1945 the voting rules of the UN were agreed upon i. October 24, 1945 the UN came into force

d. Refrain from threat or use of force e. Members shall give assistance in any action f. Ensure that non-member states act in accordance with the principles as necessary for the maintenance of international peace and security

4.2 Characteristics of UN -juridical -international ** According to Fenwick: Rules of customary law will bind states as members of international community

g. Shall not intervene in matters within the domestic jurisdiction of any state

4.6 Membership **there are 2 kinds: original and elective; the only difference is manner of admission **qualifications (SPAWC) -state -peace-loving -accepts the obligations of the charter -able to carry out obligations -willing to carry out obligations Admission Recommendation of the Security Council and decision of General Assembly Suspension 2/3 of those present and voting the GA upon favourable recommendation of at least 9 members of the Security Council Expulsion 2/3 of those present and voting the GA upon favourable recommendation of the Security Council by a qualified majority vote Withdrawal (based on San Francisco Conference) -if unable to maintain peace -rights and obligations are changed by a charter amendment -amendment duly accepted is not ratified

4.7 Organs of the UN a. General Assembly -consists of all members of the org, each with not more than 5 representatives and 5 alternates as well as technical staff -each member has 1 vote - Functions: a.1. Deliberative initiates studies and makes recommendations a.2 Supervisory receives and considers annual and special reports a.3 Financial considers and approves budget a.4 Elective election on members of councils a.5 Constituent admission of members and amendment of Charter b. Security Council -5 permanent members: China, France, UK, Russia, US -other members are elected for 2 year terms -permanent members may veto; abstention or absence is not considered a veto -approves trusteeship agreements in strategic areas and performs a number of important voting and constituent functions; elects judges of ICJ and members of Security Council; and amends Charter c. Economic and Social Council -elected by the GA for 3 year terms and may be re-elected -responsible for the promotion of international economic and social cooperation, specifically toward:

c.1. higher standards of living, full employment, and conditions of economic and social progress and development; c.2. solutions of social, economic, health and related problems; and c.3 universal respect for, and observance of human rights and fundamental freedoms for all d. Trusteeship Council -composed of: d.1. members of UN administering Trust territories d.2 permanent members of Security Council d.3. other members elected for 3year terms e. International Court of Justice - Composed of 15 members elected by absolute majority vote in the GA and Security Council - No two of them may be nationals of same state - 9 year term and may be re-elected f. Secretariat -chief administrative organ of the UN -headed by Secretary General **Sec Gen is the highest representative of UN and is entitled to full diplomatic immunities and privileges