P a u l a M i ñ a m b r e s V a l l e j o

UNITED NATIONS

1. League of Nations:

It was the President of the USA Woodrow Wilson the most powerful advocate of the League, since his « 14 points » intended to serve as the basis for world peace. Point 14 says: “A general association of nations should be formed …to create mutual guarantees of the political independence and territorial integrity of States, large and small equally.”

Organs: The Assembly (representatives of all Members of the League), The Council, The Secretariat, The Permanent Court of I Justice (the first attempt to create a global forum of justice) and The International Labor Organization.

The League tried to establish a New global order : based on

Multilateralism and Cooperation, members agreed to work together to maintain peace, to control national armaments and to cooperate in solving social, economic, colonial, humanitarian and other common problems.

Open Diplomacy.

A system of Collective Security, making State´s security a community responsibility in which the collective force of the state system would be used to constrain an international lawbreaker (instead the balance of power). The Covenant did not outlaw war but regulated the state´s resort to this ultimate action: members agreed to submit their disputes to arbitration or adjudication and in no case to resort to war until three months after a settlement was offered. If any state resorted to war in violation of the covenant, members would apply diplomatic and economic sanctions and consider the violation an act of war against the world community.

The Members of the League undertake to respect… the territorial integrity and existing political independence of all Members of the League. In case of any such aggression… the Council shall advise upon the means by which this obligation shall be fulfilled (article 10).

Any war… is hereby declared a matter of concern to the whole League, and the League shall take any action that may be deemed wise and effectual to safeguard the peace of nations (article 11).

The League sought to guarantee the Self-Determination of peoples of the A-H Empire, the Ottoman Empire and the German Empire and after the dissolution of the Empires new States were created: Germany, Austria, Czechoslovakia, Poland, Yugoslavia, Romania, Turkey... And it established a Mandate System: German and Turkish possessions, which were judged not yet ready to govern themselves, were distributed among the victorious Allied powers. It was a compromise between the Allies’ wish to retain the former German and Turkish colonies and their pre-Armistice declaration that annexation of territory was not their aim in the war. The mandates were divided into three groups on the basis of their location and their level of political and economic development and were then assigned to individual Allied victors.

Several international disagreements were resolved peacefully: between Sweden and Finland (Aaland Islands), Germany and Poland (Upper Silesia), Greece and Bulgaria, Yugoslavia and Albania, Turkey and Iraq… Though relatively minor, these were just the kind of incidents that had in the past triggered regional conflicts - and indeed World War One itself.

Outside the auspices of the League of Nations , but favored by the more stable international relations it contributed to create.

The pact of Locarno, 1925 : Germany renounced the use of force to change its western frontiers but agreed only to arbitration as regards its eastern frontiers.

Various naval conferences were held to limit the number of warships of the five great naval powers.

The Geneva Protocol 25 prohibited the use of chemical and biological weapons.

The Kellog-Briand Pact: the General Treaty for the Renunciation of War, 1928: It established that the use of military force was in contravention of international law, except in matters of self-defense. The pact served as the legal basis for the creation of the notion of crime against peace — it was for committing this crime that the Nuremberg Tribunal sentenced a number of persons responsible for starting World War II.

In 1929, the delegate from France, Aristide Briand, put forward to the Assembly the very first political project of a European Federal Union.

Failures of the League of Nations, mainly from the 30s:

- USA was not ever a League Member.

- The economic depression destroyed the cannels of cooperation the League had created.

- A new wave of nationalism, as member states became obsessed with national security.

- Japanese, Italian and German Fascism posed successive political and military challenges with which the member states were unwilling or unable to cope.

- Japan: The Manchurian Case, 1931: Japan attacked Manchuria and China, following the Assembly´s action condemning Japan of aggression, Tokyo withdrew from the League.

- Italy: The Ethiopian Case 1936: Italy annexed Ethiopia, the League only imposed economic sanctions, powers wanted to keep Italy as a counterbalance to Germany.

- Germany: The annexation of Austria by Germany 1938 and when Germany invades Poland World War II starts.

2. History of the United Nations:

The name “United Nations”, coined by US President Roosevelt, was first used in the “Declaration by United Nations” of 1 January 1942, during the 2º WW, when representatives of 26 nations pledged their governments to continue fighting together against the Axis powers.

States first established international organizations to cooperate on specific matters. TheInternational Telecommunication Union was founded in 1865 as the International TelegraphUnion.

The forerunner of the United Nations was the League of Nations, an organization conceived in similar circumstances during the 1º WW, and established in 1919 under the Treaty of Versailles “to promote international cooperation and to achieve peace and security.”

In 1945, representatives of 50 countries met in San Francisco at the UN Conference on International Organization to draw up the UN Charter. Those delegates deliberated on the basis of proposals worked out by the representatives of China, the Soviet Union, the UK and the US from August to October 1944.

The Charter was signed on 26 June 1945 by the representatives of the 50 countries. Poland, which was not represented at the Conference, signed it later and became one of the original 51 member states.

3. UN Charter:

The Charter is the constituting instrument of the Organization, setting out the rights and obligations of member states, and establishing the United Nations organs and procedures.

The Charter may be amended by a vote of two thirds of the members of the General Assembly and ratification by two thirds of the members of the United Nations, including the five permanent members of the Security Council. So far, four Charter Articles have been amended.

In 1965, the membership of the Security Council was increased from 11 to 15 (Article 23) and the number of affirmative votes needed for a decision was increased from 7 to 9, including the concurring vote of the 5 permanent members for all matters of substance rather than procedure (Article 27).

In 1965, the membership of the Economic and Social Council was increased from 18 to27, and in 1973, was increased to 54 (Article 61).

In 1968, the number of votes required in the Security Council to convene a General Conference to review the Charter was increased from seven to nine (Article 109).

The preamble expresses the ideals and common aims of all the peoples whose governments joined together to form the UN.

4. The Purposes & Principles (Article 1-2):

Article 1: Purposes:

To maintain international peace and security, and to that end: to take effective collective measures for the prevention and removal of threats to the peace, and for the suppression of acts of aggression or other breaches of the peace, and to bring about by peaceful means, and in conformity with the principles of justice and international law, adjustment or settlement of international disputes or situations which might lead to a breach of the peace;

To develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, and to take other appropriate measures to strengthen universal peace;

To achieve international co-operation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion; and

To be a centre for harmonizing the actions of nations in the attainment of these common ends.

Article 2: Principles:

- The Organisation is based on the principle of the sovereign equality of all its Members.

- All Members, in order to ensure to all of them the rights and benefits resulting from membership, shall fulfil in good faith the obligations assumed by them in accordance with the present Charter.

- All Members shall settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered.

- All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations.

- All Members shall give the United Nations every assistance in any action it takes in accordance with the present Charter, and shall refrain from giving assistance to any state against which the United Nations is taking preventive or enforcement action.

- The Organisation shall ensure that states which are not Members of the United Nations act in accordance with these Principles so far as may be necessary for the maintenance of international peace and security.

- Nothing contained in the present Charter shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state or shall require the Members to submit such matters to settlement under the present Charter; but this principle shall not prejudice the application of enforcement measures under Chapter VII.

5. Membership (Chapter 2):

Artcicle 4: is open to all peace-loving states which accept the obligations contained in the Charter. The admission will be effected by a decision of the GA upon the recommendation of the SC.

The State has to submit an application to the Secretary-General and a letter format stating that it accepts the obligation under the Charter.

The Security Council considers the application. Any recommendation for admission must receive the affirmative votes of 9 of the 15 members of the council provided that none of its 5 permanent members have voted against.

If the Council gives the right, the recommendation is presented to the General Assembly for consideration. Two-thirds majority is required for the admission of new state.

Membership becomes effective the date that resolution for admission is adopted.

Article 6: a member of the UN which has violated the Principles contained din the present Charter may be expelled from the Organisation by the GA upon the recommendation of the SC.

6. Structure of the UN (Chapter 3):

Article 7: the are 6 main organs of the UN:

General Assembly. Security Council. Economic and Social Council. Trusteeship Council. International Court of Justice. Secretariat.

All these organs are base in NY, except for the ICJ, which is located at The Hague. There are 15 specialized agencies that coordinate their work with the UN but as autonomous. Also, there are 24 programmes, funds and other bodies with responsibilities in specific fields.

7. The General Assembly (Chapter 4):

The General Assembly (GA) is the main deliberative organ of the United Nations and it is composed of representatives of all member states (art. 9), each of which has one vote (article 18).

It is the only of the six principal UN organs in which all member states are equally represented, which reflects the principle of sovereign equality of states.

Article 10: Its competence to discuss, debate and make recommendations extends to any problem of the world or of the UN itself that a majority of members regard as proper for Assembly consideration. The only exception to this power is the domestic jurisdiction clause (article 2).

Powers of the GA (ARTS. 10-17):

The Guardian of the UN Charter: the GA by means of resolutions calls on states, the Security Council… to act in accordance with the UN Charter: to accept a peaceful coexistence, to settle their controversies peacefully…

The Assembly´s Quasi-Legislative Function: the GA contributes to the development of International Law.

The Assembly´s quasi-legislative function is carried on through the adoption of resolutions, declarations and conventions. The Assembly may engage in lawmaking through:

Resolutions governing internal matters, such as procedural rules, decisions which approve the budget and apportion expenses of the Organization among the Member States, and staff regulations which have the force of law. The acts relating to the status of UN Members are also binding (decisions of the Assembly on suspension and expulsion).

Resolutions directed toward state conduct outside the organization are not ipso facto binding, but the rules thus enunciated may have legal force if they are regarded as statements of customary international Law or authoritative interpretations of the UN Charter, such as some provisions of the Universal Declaration of Human Rights (1948), the Declaration on Principles of International Law Concerning Friendly Relations and Cooperation among States (1970) or the Resolution on the Definition of Aggression (1974).

Drafting of Multilateral Treaties: the numerous Assembly-approved treaties in force illustrate the quasi-legislative function: Human rights conventions, the Convention on the Law of the Sea, the Vienna Convention on the Law of the Treaties, the Vienna Convention on Diplomatic Relations, the UN Framework convention on climate change…

However conventions become operative law among consenting parties after they have been ratified by the required number of states.

The realization of Human Rights, the GA, through many declarations and conventions, has underscored the universality of human rights principles: the Universal Declaration of Human Rights 1948, conventions against genocide, torture, discrimination against women, the covenants on civil and political rights and economic and social rights, conventions on the rights of the child and of persons with disabilities ….

Economic, social and environmental issues, The GA and ECOSOC address the issues of economic, social and sustainable development, setting policies, priorities and programs, also many Programs and Funds, subject to the direction of the GA, deal with particular problem areas and many Specialized agencies coordinate their activities with the GA in these fields.

Self Determination of peoples, the GA had a key role on decolonization through the adoption of resolutions demanding an end to colonialism.

Peace and security Although the Security Council has primary responsibility for International peace and security the GA has also a role, though this role was more important in earlier decades when the SC was often deadlocked.

Recommendations on the general principles of cooperation for maintaining international peace and security, including disarmament: Declaration of principles of International Law concerning friendly relations and cooperation among States.

The Peaceful settlement function: The Assembly offers a means for finding consensus on difficult issues, providing a forum for diplomatic exchanges. The GA may discuss any question relating to the maintenance of international peace and security and may recommend measures for the peaceful adjustment of any situation (art 11 and 14 UN Charter).

The UN Charter states that while the Security Council is discussing a dispute or situation the GA shall not make any recommendation unless the SC so requests…but the practice has evolved, showing an increasing tendency over time for the GA and the SC to deal in parallel with the same matter concerning the maintenance of I peace and security.

Powers Regarding Action: although art 11 of the UN Charter states that any question on which action is necessary shall be referred to the SC, that has not always been the case. The “Uniting for peace” Resolution (Resolution 377, 1950) states that in cases where the SC fails to act in order to maintain peace, owing to disagreement between its five permanent members, the matter shall be addressed by the GA (if the Assembly is not in session it may meet in emergency special session) which may make recommendations for collective measures…including the use of armed force. The ICJ did not raise any objections against that practice.

The Assembly´s budgetary functions, the GA approves the UN Budget and establishes the financial assessments of Member States.

Elective Function, the election to membership in the UN following a recommendation by the Security Council; the election of the non-permanent members of the Security Council and the members of other UN councils and organs; on the recommendation of the Security Council, the GA appoints the Secretary-General.

Supervisory Role, the GA receives and considers reports from the Security Council, ECOSOC… also the GA may make recommendations to the SC and ECOSOC. Although ECOSOC is “a principal organ” under the Charter, it also operates under the authority of the GA. The Secretariat is also concerned with serving the GA and in turn is controlled by it.

Main Comittes/ Sessions:

Regular Sessions:

The General Assembly meets in regular session intensively from September to December each year, and thereafter as required.

At the beginning of each regular session, the Assembly holds a general debate, often addressed by heads of state and government, in which member states express their views on the most pressing international issues.

While some issues are considered in plenary meetings, most questions are discussed in its six Main Committees, Resolutions and decisions, including those recommended by the committees, may be adopted—with or without a vote—in plenary meetings.

Most discussions in the GA take palce in its six main comittes: First Comitte (Disarmament and International Security, Second Comitte (Economic and Financial, thir Committee (Social, Humanitarian and Cultural), Fourth Committee ( Special Political and Decolonization), Fith Committee (Administartivr and Budgetary) and Sith Committee (Legal).

Special sessions:

The General Assembly shall meet in regular annual sessions and in such special sessions as occasion may require.

Special Sessions shall be convoked by the Secretary-General at the request of the Security Council or of a majority of the Members of the United Nations.

Emergency special sessions:

In cases where the SC fails to act in order to maintain international peace and security, owing to disagreement between its five permanent members, the matter may be addressed by the GA in emergency special sessions.

The GA may meet in emergency special session at the request of the Security Council or of a majority of the Members of the UN.

Decision Making:

The GA makes Decisions by a majority of members present and voting. Decisions on important questions shall be made by a two-thirds majority of the members present and voting: including recommendations on international peace and security, the election of members to some principal organs and budgetary matters.

Year-round, the work of the United Nations derives largely from the mandates given by the General Assembly: as expressed in the resolutions and decisions adopted by the Assembly. That work is carried out:

By committees and other bodies established by the Assembly to study and report on specific matters such as disarmament, peacekeeping, development and human rights;

In international conferences called for by the Assembly; and

By the Secretariat of the United Nations—the Secretary-General and his staff of international civil servants.

8. The Security Council (Chapter 5):

While the General Assembly can discuss any world concern, the Security Council has primary responsibility for questions of peace and security (art. 24).

It has primary responsibility, under the Charter, for the maintenance of international peace and security.

Article 23: the council shall consist of 15 members. There 5 permanent members: China, UK, Russia, France and US. The non-permanent members shall be elected for a two years.

The presidency of the Council is held by each of the members in turn for one month.

Article 25: the members agree to accept and carry out the decisions of the SC in accordance with the present charter.

Decisions on:

Procedural Matters are made by an affirmative vote of at least 9 of the 15 members (art. 27).

Substantive Matters require nine votes and the absence of a negative vote by any of the five permanent members.

All five permanent members have exercised the right of veto at one time or another.

Reform of The Security Council: the composition of the Council, as well as its procedures, are the subject of a working group of the General Assembly considering Security Council reform, especially the addition of permanent seats or enlarging non-permanent membership.

At issue is the notion of the equitable representation of member states in addressing matters of global consequence.

Functions & Powers:

Member States confer on the SC primary responsibility for the maintenance of international peace and security, art 24 UN Charter, therefore the function of the SC is to maintain international peace and security in accordance with the principles and purposes of the UN.

All members of the UN agree to accept and carry out the decisions of the SC. Art 25 UN Charter, and therefore the Council has the power to take decisions which member states are obligated under the Charter to implement.

Chapter 6: (Pacific settlement of disputes):

When a complaint concerning a threat to peace is brought before it, the Council’s first action is usually to recommend that the parties try to reach agreement by peaceful means and the Council may also set forth principles for such an agreement (terms of settlement).

In some cases, the Council itself undertakes investigation and mediation: It may dispatch a mission, appoint special envoys or request the Secretary-General to use his good offices to achieve a pacific settlement of the dispute.

Therefore the Security Council can:

- Investigate any dispute or situation which might lead to international friction;

- Recommend methods of adjusting such disputes or

- Recommend the terms of settlement;

Peacekeeping Operations: The Council may also dispatch military observers or a peacekeeping force to help reduce tensions, protect civilians and humanitarian operations, separate opposing forces and establish a calm in which peaceful settlements may be sought. Beyond this, the Council may opt for enforcement measures: (Chapter 7).

Chapter 7 (Action with Respect to Threats to the Peace, Breaches of the Peace, and Acts of Aggression): ENFORCEMENT ACTION.

Article 39: The Council shall determine the existence of any threat to the peace, breach of the peace, or act of aggression and shall make recommendations, or decide what measures shall be taken in accordance with Articles 41 and 42, to maintain or restore international peace and security.

When a dispute leads to hostilities, the Council’s primary concern is to bring them to an end as soon as possible, so it may issue ceasefire directives that can help prevent an escalation of the conflict.

Article 41: The Council may call on Members to apply sanctions not involving the use of force. These may include complete or partial interruption of economic relations and of rail, sea, air, postal, telegraphic, radio, and other means of communication, and the severance of diplomatic relations.

A chief concern is to focus action on those responsible for the policies or practices condemned by the international community, while minimizing the impact of the measures taken on other parts of the population and economy.

Humanitarian problems and change, the SC has improved sanctions policy in recent years: it now prioritize humanitarian concerns, and it has shifted away from general trade sanctions toward more selective measures: financial sanctions, travel bans, arms embargoes….

Sanctions have been imposed against Rodhesia; South Africa; Iraq; Serbia (92-92, 99); Libya; Haiti; Liberia; Rwanda; Somalia; UNITA forces in Angola; Sudan; Sierra Leone; Afghanistan; Ethiopia and Eritrea; Iran; the Democratic People’s Republic of Korea; Libya.

Article 42: Should the Security Council consider that measures provided for in Article 41 would be inadequate or have proved to be inadequate, it may take such action by air, sea, or land forces as may be necessary to maintain or restore international peace and security. Such action may include demonstrations, blockade, and other operations by air, sea, or land forces of Members of the United Nations.

Examples:

To counteract outside aggression: to restore the sovereignty of South Korea after invasion by North Korea (50), Kuwait after its invasion by Iraq (91); those actions could come under the framework of art 51.

To protect humanitarian operations in Somalia (US, 92), Albania (Italy-led coalition 97). To contribute to the protection of civilians at risk in Rwanda (94); Libya (2011)

To restore the elected government in Haiti (US-led coalition 94);

To restore peace and security in East Timor (Australia-led coalition 99 and 2006); Afghanistan;

These actions, though sanctioned by the Security Council, were entirely under the control of the participating states. They were not United Nations peacekeeping operations (which are established by the Security Council and directed by the Secretary-General).

Article 51: Right of Individual or collective self-defense by any member of the UN if an armed attack occurs against it, until the SC has taken measures necessary to maintain l peace and security. Measures… shall be immediately reported to the SC and shall not affect the authority of

the SC to take at any time such action, as it deems necessary in order to maintain or restore l peace and security.

Law Making: following the attacks of 2001 the SC passed a series of resolutions that embodied new law. SCR 1373 (2001), the SC acting under Chapter VII obliged states to prevent the financing of terrorist acts; freeze bank accounts of terrorists; deny safe haven; and cooperate in international investigations of terrorists acts.

SCR 1540 required states to take measures to prevent non-state actors from acquiring weapons of mass destruction. The resolutions differ from the traditional powers of the SC (as an executive agent that sanctions particular states or individuals), instead, the resolutions address states in general.

Chapter 8 (Regional Arrangements):

Article 52: Existence of Regional Arrangements or agencies for dealing with matters relating to the maintenance of international peace and security… provided that their activities are consistent with the Purposes and Principles of the UN.

Existing regional Organizations: NATO, EU , The Organization of American States, The League of Arab States, the African Union, The Economic Community of West African States (ECOWAS), The Commonwealth of Independent States (former Republics of the URSS), (The Warsaw Pact Organization does not any longer exist), The Organization for Security and Co-operation in Europe (OSCE).

Article 53: The SC may utilize such regional arrangements for enforcement action under its authority. But no enforcement action shall be taken under regional arrangements without the authorization of the SC.

During the Yugoslav crisis: NATO ensured that humanitarian assistance reached some places in the former Yugoslavia, a ban on military flights over Bosnia and Herzegovina, and a naval blockade against the Republic of Yugoslavia (Serbia and Montenegro).

KFOR, the NATO forces were entrusted with the external defense of Kosovo in the framework of UNMIK.

Other functions:

o To formulate plans for the establishment of a system to regulate armaments;

o To recommend the admission of new Members;

o To recommend to the GA the appointment of the Secretary-General and, together with the Assembly, to elect the Judges of the International Court of Justice.

9. United Nations Secretariat (Chapter 15):

Article 97: The Secretariat shall comprise a Secretary-General and such staff as the Organisation may require. The Secretary-General shall be appointed by the General Assembly upon the recommendation of the Security Council. He shall be the chief administrative officer of the Organization.

The Secretariat carries out the diverse day-to-day work of the Organization. It services the other principal organs of the UN and administers the programs and policies laid down by them.

The Secretary General:

At the head of the Secretariat is the Secretary-General, who is appointed by the General Assembly on the recommendation of the Security Council for a five-year, renewable term.

The Secretary-General shall act in that capacity in all meetings of the General Assembly, of the Security Council, of the Economic and Social Council… and shall perform such other functions as are entrusted to him by these organs.

Equal parts diplomat and civil servant, the Secretary-General is a symbol of UN and a spokesman for the interests of the world’s peoples.

Staff Members:

Under the Secretary-General there is a very large bureaucratic system for carrying out the executive functions of the UN.

It consists of international staff working around the world.

Staff members shall be appointed by the Secretary-General under regulations established by the General Assembly, and regulations issued by the SG as delegated by the Assembly.

The normative power of the Assembly is of a general nature without infringing upon individual appointments made by the Secretary-General, but in practice, the Assembly conditions the appointment of higher-level official to previous consultation with the Member States and to subsequent confirmation by the Assembly itself.

Also staff members´ employment rights and obligations are regulated by rules laid down by the General Assembly.

Independence from their member states:

As international civil servants, the Secretary-General and staff members answer to the UN alone for their activities.

In the performance of their duties the Secretary-General and the staff shall not seek or receive instructions from any government or any other authority external to the Organization.

Privileges and Immunities enjoyed by the officials of the Organization:

Those necessary for the independent exercise of their functions …

The General Convention on the Privileges and Immunities of the UN, 46: “…UN officials shall be immune from legal process in respect of all acts performed by them in their official capacity…” Rules concerning higher ranking officials usually refer to the norms of customary

International law regarding diplomatic immunity.

The immunities and privileges of officials are granted in the interest of the Organization, which may always waive them in specific cases, and in the case of the Secretary-General, the Security Council has the right to waive the immunity.

Protection of UN officials:

The ICJ case of reparation for injuries suffered in the service of the UN, ICJ 49,: the territorial state has a duty to protect UN officials in order to protect the function, therefore the UN may bring an international claim against a State which fails to protect an official adequately and request reparation for damage caused to its function. It is excluded the reparation for damage caused to the official himself.

Functions of the UN Secretariat:

The duties carried out by the Secretariat are as varied as the problems dealt with by the UN:

Maintenance of International Peace:

- Conflict Prevention (about preventing disputes from arising), Peacemaking (use of diplomatic means such as mediation, good offices or recommendations to persuade parties in conflict to cease hostilities) : the Secretary General has often carried out peaceful settlement functions as a mediator in domestic crisis Mozambique, Liberia, Angola, the Democratic Republic of Congo, Darfur…. There are also numerous travelling envoys of the Secretary-General engaged in peace talks, and field-based and civilian-led UN "political missions" with mandates to help nations resolve conflicts peacefully (Burundi, Somalia, Libya, Iraq, Central Asia, The Middle East…)

- UN Electoral Assistance, which also intends to prevent conflicts.

- The Secretariat also provides data, reports and staff support to the UN Security Council and other bodies intended to prevent conflicts.

- Post-conflict peace-building: to assist countries in their transitions from war to peace (Sierra Leone, Central African Republic ….)

The Department of Political Affairs plays a central role in UN peace efforts, it manages political missions and peace-building support offices engaged in conflict prevention, peacemaking and post-conflict peace-building. DPA monitors political developments to detecting potential crises before they escalate, and devises effective responses, it also provides support to the Secretary-General and his envoys, and to deployed political missions.

- To administer Peacekeeping Operations: which are deployed with the authorization of the Security Council and the consent of the main parties to the conflict. The Department of Peacekeeping Operations (DPKO): dedicated to assisting States and the Secretary-General to maintain peace. DPKO provides political and executive direction to Peacekeeping operations and maintains contact with the Security Council, troop contributors, and parties to the conflict in the implementation of SC mandates; The Department of Field Support provides support in the general administration of the missions, in areas such as finance, logistics, Information, technology, human resources….

- The Secretary-General may bring to the attention of the Security Council any matter which in his opinion may threaten the maintenance of international peace and security. Art 99 of the UN Charter.

Administrative Functions: Preparation of work and Implementation of decisions of UN organs and bodies.

They include activities necessary to prepare the work of the GA, the SC or other organs of the UN or to give effect to their decisions.

- International Conferences, convening of meetings, committees…: organization and preparation of work; at the request of the GA and other organs proposing on the objectives, scope, agenda…

- Provision of staff, services and assistance to the organs and personnel of the UN, such as interpreting speeches and translate documents into the Organization’s official languages …

- Follow-up to UN organs´ resolutions: some resolutions request the SG to make inquiries as to whether the recommendation has been carried out by States or require the SG to carry out discussions with Governments

The Department for General Assembly and Conference Management is the main body concerned with those issues. Its goal is to provide the framework for those meetings, to do so the work follows three great through-lines: first, technical secretariat support and advice to intergovernmental bodies; second, meetings management (conference organization, provision of meeting room facilities, interpretation…); and third, documentation management (ranges from translation to printing of reports and publications).

- Coordination with Specialized Agencies since the Secretary General is the Chairman of the Administrative Committee on Coordination (ACC).

Information about the work of the UN

Department of Public Information (DPI) address this issue.

Registry and Publication of International Treaties

Treaties entered into by UN Members shall be registered with the Secretariat and published by it, and no party to any such treaty which has not been registered in may invoke that treaty or agreement before any organ of the United Nations.

The Office of Legal Affairs registers and publishes treaties, and performs the depositary functions of the Secretary-General.

International Economic and Social Issues: Development

- The Secretariat surveys economic and social trends and prepares studies on social and sustainable development: for example, Secretary-General Ban Ki-moon launched the High-level Panel on Global Sustainability to formulate a report on sustainable growth, and encourages Member States to take it into account in the Rio Conference.

- Supports the formulation of development policies and standards, the holding of international conferences and monitors the implementation of international agreements.

- It supports and promotes consensus in the Economic and Social Council and the General Assembly.

- It also assists nation states in addressing their development challenges.

The Department of Economic and Social Affairs is the main department within the Secretariat dealing with those issues.

Humanitarian Affairs:

The UN Office for the Coordination of Humanitarian Affairs (OCHA). It responds to requests from stricken states for disaster assistance.

- Coordination: bringing together humanitarian actors to ensure a coherent response to emergencies

- Humanitarian Financing: it mobilizes aid

- Information coordination centre.

It emphasizes disaster preparedness and prevention and the execution of UNDP-assisted projects.

Human Rights:

The Office of the High Commissioner for Human Rights (OHCHR): seeks to integrate human rights in all components of UN Peace Missions (Afghanistan, Côte d'Ivoire, Darfur, DRC, Haiti, Iraq, Liberia, Sierra Leone, Somalia…); also deploys Human Rights Advisers to the field, and follow up the human rights situation in the country.

OHCHR also works to offer expertise and secretariat support to the different human rights monitoring mechanisms in the UN : UN Charter-based bodies (the Human Rights Council), and bodies created under the human rights treaties and made up of independent experts mandated to monitor State parties' compliance with their treaty obligations.

Management: human resources and budget

- Finance and Budget: The Secretariat proposes the biennial UN Budget, which is after approved by the General Assembly.

- Human Resources.

It is The Department of Management (DM) which addresses the Budget and Human Resources of the UN.

10. The International Court of Justice:

Located at The Hague, in the Netherlands, the ICJ is the principal judicial organ of the UN, it is the successor to the Permanent Court of International Justice (26-46).

The Court performs its judicial duties independently of the other UN organs and is guided in its decisions by international law rather than international politics.

Composition:

The Court is composed of 15 independent Judges, which are elected by the General Assembly and the Security Council, voting independently.

They are chosen on the basis of their qualifications, regardless of their nationality, but care is taken to ensure that the principal legal systems of the world are represented in the Court.

No two Judges may be from the same country, and parties to a case who do not have a judge of their nationality among the fifteen are entitled to appoint a temporary ad hoc judge of their choosing.

The Judges serve a nine-year term and may be re-elected.

The Court normally sits in plenary session, but may form smaller units called chambers if the parties so request.

Access to the Court and Jurisdiction:

Contentious Jurisdiction:

Access to the Court and Legal Standing:

The Court is open to all states that are parties to its Statute, which includes all members of the UN.

Only States may be parties in contentious cases before the Court and submit disputes to it. The Court is not open to private persons or IO. However

Diplomatic protection: a State may take up the case of one of its nationals and invoke against another State the wrongs which its nationals claim to have suffered at the hands of the latter, but the dispute remains one between States.

Jurisdiction of the Court must be previously accepted since nothing prevents Members of the UN from entrusting the solution of their differences to other tribunals, the Court may never adjudicate if its jurisdiction has not been previously accepted by all the States parties to a dispute, therefore States may bind themselves to accept the jurisdiction of the Court through (art 36 of the Statute):

- An Agreement that provides for referral to the Court, so the Court has jurisdiction over all cases which the parties refer to the ICJ.

- A treaty containing a provision whereby, in the event of a disagreement over the interpretation or application of the treaty, one of them may refer the dispute to the Court (Jurisdictional clause);

- A Declaration accepting the Court´s jurisdiction for all future legal disputes with any other State accepting the same obligation.

Advisory Jurisdiction:

Legal Standing, art 96:

- The General Assembly and The Security Council may request advisory opinions on any legal question.

- Other organs of the UN and Specialized Agencies, when authorized by the Assembly, may request advisory opinions on legal questions arising within the scope of their activities.

Functions:

Setting of Legal Disputes: Contentious Jurisdiction:

The court settles legal disputes submitted to it by States in accordance with international law.

The Court´s jurisdiction cover all Legal Disputes between states:

- The interpretation of a treaty - Any question of international law- The existence of any breach of an international obligation- The reparation to be made for the breach of an international obligation.

The Court decides disputes by applying, (art 38 of the Statute of the ICJ):

- International Conventions establishing rules expressly recognized by the contesting states;- International Custom as evidence of a general practice accepted as law;- The General Principles of Law recognized by nations; and- Equity.

Judgment:

The judgment is final, binding on the parties to a case and without appeal, at most it may be be subject to:

- Interpretation: if either of the parties challenges their scope or meaning, it has the option to request an interpretation.  - Revision: in the event of the discovery of a fact hitherto unknown to the Court which might be a decisive factor, either party may apply for revision of the judgment.

Although its decisions apply only to disputing parties and do not constitute precedents binding on others, its opinions have been recognized as important statements of existing international law.

Enforcement:

- By signing the Charter, a Member State of the UN undertakes to comply with any decision of the Court, art 94. It is rare for a decision not to be implemented, and decisions have generally been carried out, but

- The court itself has no powers of enforcement, there are no effective means to enforce Court decisions against states that have ignored their obligation to comply, although.

According to article 94 a State which contends that the other side has failed to perform the obligations incumbent upon it may lay the matter before the SC, which is empowered to recommend or decide upon the measures to be taken.

Advisory Opinions:

The Court gives Advisory Opinions on legal questions, referred to it by the GA, the SC and authorized UN organs and specialized agencies:

Legal Authority:

- They are aimed at stating international law.

- They are advisory, they have no binding effect (unlike the Court’s judgments), the requesting organ remains free to give effect to the opinion or not to do so.

- Certain instruments can, however, provide beforehand that an advisory opinion by the Court shall have binding force: Convention on the privileges and immunities of the UN…

11. The Economic and Social Council (Chapter X):

Article 60: The Economic and Social Council is the principal organ to coordinate the economic and social work of the UN and the specialized agencies and institutions, “under the authority of the General Assembly”.

Although afforded the status of principal organ by the Charter, ECOSOC functions under the authority of the General Assembly, and in many respects its activities resemble to those of the main Assembly committees: Second (Economic and Financial) and Third (Social) Committees of the Assembly.

Composition & Sessions:

Article 61: Members: The Council has 54 members elected by the General Assembly to represent each region of the world. ECOSOC members serve for three-year terms. Voting in the Council is by simple majority; each member has one vote.

Sessions: The Council holds several short sessions and many preparatory meetings, round tables and discussions with the members of civil society throughout the year, to deal with the organization of its work. It holds a four-week substantive session in July. The main meeting is The High-level segment, which serves as a forum for Ministers, heads of international nstitutions, as well as civil society and private sector representatives to discuss key issues in the area of economic, social and environmental development.

Subsidiary and Related Bodies: Functional commissions: Statistical, Population, Social Development, Status of Women, Narcotic Drugs, Crime Prevention and Criminal Justice, Science and Technology, Sustainable Development;

Regional Economic Commissions: for Africa, for Asia and the Pacific, for Europe, for Latin America and the Caribbean; for Western Asia

Functions & Powers (62-66):

DECISION-MAKING ROLE:

ECOSOC has THE POWER ONLY TO RECOMMEND.

Members create and vote on resolutions to address global concerns; each resolution requires a simple majority to pass, namely ECOSOC:

- It is a Forum for discussing international economic and social issues and it makes Recommendations addressed to member states, to the General Assembly, and to the Specialized Agencies concerned.

- It makes Studies and Reports: the information gathered is vital to helping the UN and states come to grips with world problems.

- It assists in organizing International Conferences in the economic and social fields and promote a coordinated follow-up to these conferences;

- It drafts conventions (requiring approval by the GA and subsequent ratification by a number of member states)

- It coordinates the activities of the Specialized Agencies.

COORDINATION RESPONSABILITIES:

The Council also cooperates with and to a certain extent coordinates the work of:

- Specialized Agencies : the Charter charges ECOSOC with bringing the specialized agencies into a relationship with the UN through agreements negotiated by ECOSOC and approved by the GA , all of which report to the Council.

- The Council also receives reports from UN funds and programs.

- Relation with NGOs: ECOSOC consults with NGOs concerned with matters within its competence.

But always on the agenda two matters of overriding importance:

COOPERATION FOR DEVELOPMENT :

Through its discussion of international economic and social issues and its policy recommendations, ECOSOC should play a larger role in fostering international cooperation for development and in setting the priorities for action, but ECOSOC, has been constantly overshadowed by other institutions beyond its control.

Efforts are being made in order TO TURN ECOSOC INTO THE GLOBAL FORUM FOR DEVELOPMENT and the Millennium Development Goals (MDGs). ECOSCOC is mandated to hold (since 2005 World Summit):

- Annual Ministerial Review : assesses progress in achieving the internationally agreed development goals arising out of the major conferences: productive and decent work (2012), education (2011), women (2010), Public health (2009), sustainable development (2008), Eradicate extreme poverty and hunger (2007).

- Development Cooperation Forum: The DCF brings together developing and developed countries, civil society organizations, and the private sector for a dialogue on development cooperation. It reviews trends in development cooperation and aim at promoting greater coherence among the activities of various actors.

HUMAN RIGHTS :

In the absence a bill of rights in the Charter itself, art 68 provided that the ECOSOC “shall set up commissions in economic and social fields and for the promotion of human rights” , and the UN Commission on Human Rights was established, it was a subsidiary body of ECOSOC, and it was replaced in 2006 by a HUMAN RIGTHS COUNCIL, which is a subsidiary body of the General Assembly.

The proclamation of the Universal Declaration of Human Rights 1948: it was first a resolution of ECOSOC, after voted in the GA for implementation.

Economic and Social Rights:

ECOSOC may make recommendations to the GA on measures to realize the rights, and it was originally the monitoring body of the international Covenant of economic, social and cultural rights, now the Committee on Economic, Social and Cultural Rights, established by ECOSOC in 1985, monitors implementation of the Covenant.

12. International Trusteeship System:

Article 75: The United Nations shall establish under its authority an international trusteeship system for the administration and supervision of such territories as may be placed thereunder by subsequent individual agreements. These territories are hereinafter referred to as trust territories.

Objectives (article 76):

The system shall apply in accordance with the purposes of article 1:

- To further international peace and security;

- To promote the political, economic, social, and educational advancement of the inhabitants of the trust territories, and their progressive development towards self-government or independence as may be appropriate to the particular circumstances;

- To encourage respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion;

- To ensure equal treatment in social, economic, and commercial matters for all Members of the United Nations and their nationals, and also equal treatment.

Article 77: The trusteeship system shall apply to such territories: territories now held under mandate; territories which may be detached from enemy states as a result of the WWII, andTerritories voluntarily placed under the system by states responsible for their administration.

13. The Trusteeship Council:

Article 86: The Trusteeship Council is composed of the permanent members of the Security Council. Each member has one vote (article 89), and decisions are made by a simple majority.

Functions and Powers:

The major goals of the system were to promote he advancement of the inhabitants of Trust Territories and their progressive development towards self-government or independence.

- Consider reports submitted by the administering authority;- Accept petitions and examine them in consultation with the administering authority;- Provide for periodic visits to the respective trust territories at times agreed upon with the

-administering authority; and- Take these and other actions in conformity with the terms of the trusteeship agreements.

Article 91: The Trusteeship Council shall, when appropriate, avail itself of the assistance of the Economic and Social Council and of the specialized agencies in regard to matters with which they are respectively concerned.

Meetings:

Since the last Trust Territory (Palau, formerly administered by the US) achieved self-government in 1994, the Council has formally suspended operations after nearly half a century. It will meet only as the need arises.

Nearly 100 nations whose peoples were formerly under colonial rule have joined the UN as sovereign independent states since the Organization was founded in 1945.

Decolonization: a right of all colonized peoples:

The decolonization efforts of the United Nations derive from:

UN Charter:

The UN principle of “equal rights and self-determination of peoples”, and Three specific chapters (XI, XII and XIII), which are devoted to the interests of dependent peoples.

The Charter provided that trust territories are entitled to self-determination but it did not do the same in respect of non-self-governing territories, nevertheless

UN Practice, that extended the right to self- determination to all colonized peoples.

11 Trust Territories were placed under the trusteeship system, those who were:

- Held under mandates established by the League of Nations after WWI: New Guinea, Ruanda-Urundi, Togoland and Cameroon, Tanganyika (Tanzania), and Palestine. All remaining mandates became trust territories except South West Africa (Namibia).

- Detached from “enemy states” as a result of the WWII: Somaliland (Italy)

The Trusteeship System, like the mandate system, was established on the premise that colonial territories taken from countries defeated in war should not be annexed by the victorious powers but should be administered by a trust country under international supervision until their future status was determined.

Chapter XII and XIII: established the international trusteeship system and the Trusteeship Council for the supervision of 11 Trust Territories placed under it by individual agreements with the states administering them, and ensured that adequate steps were taken to prepare the Territories for self-determination.

The council met once each year, each member had one vote, and decisions were taken by a simple majority of those present.

By 1994, all Trust Territories had attained self-determination, with no Territories left on its agenda, the trusteeship system had completed its historic task, and it is no longer operational.

Non-Self-Governing Territories: Colonies held by victorious powers of WWII.

Chapter XI of the Charter, “Non-Self-Governing Territories”:

Member States administering territories which have not attained self-government must recognize “that the interests of the inhabitants of these territories are paramount”,

The Charter binds Administering Powers to promote progress in the Territories, to assist in developing forms of self-government and to take into account the political aspirations of each Territory.

Administering Powers are also obliged under the Charter to convey to the UN information on conditions in the Territories.

But the UN Charter does not establish the right to self determination of those territories, nevertheless

GA Resolution 1514 “Declaration on the granting of Independence to colonial countries and peoples” (1960) or Declaration on Decolonization, and the subsequent Practice of the UN recognize the right to self-determination of those territories.

It claimed that “the subjection of a people to alien domination was to be considered a denial of fundamental human rights, contrary to the UN Charter”

It adds that “immediate steps shall be taken, in Trust and Non-Self-Governing Territories, to transfer all powers to the peoples of those Territories, without any conditions….”.

Therefore it gave birth to a rule which binds the States still holding colonial territories not to hinder their independence, and that Resolution is confirmed by international custom.

The Assembly, in 1962 established a Special Committee on Decolonization (The Committee of 24) to examine the application of the Declaration and make recommendations on its implementation.

After the decolonization period of the 1950s and ’60s and their admission to the UN, these new states of Africa and Asia exerted increasing power especially in the General Assembly (G-77 group).

Despite the great progress made against colonialism, there are 16 Non-Self-Governing Territories remaining today: Western Sahara, Bermuda, Gibraltar, Falkland Islands…

The Right to Self Determination:

The practice that has given rise to new rules in the field of decolonization was inspired by the principle of self-determination of peoples, art 1.2 of the Charter, GA Resolution 1514, and GA Resolution 1541.

This right applies only to territories under domination of a foreign Government:

- Colonial territories: a territory that is geographically separate and is distinct ethnically/or culturally from the country administering it.

- Those which have been Conquered and Occupied by force.

Content of the principle of Self- Determination: GA Resolution 1541 which defined the three options offering for Non-Self-Governing Territories:

- Emergence as a Sovereign Independent state (independence)

- Free Association with an independent state

- Integration into an independent state

In short it obliges the Government controlling a territory that is not its own to allow either independence or the possible association or merger with another State, that is the people´s free choice of their own international status and their own political system.

14. The United Nations System:

The UN family of organizations (the “United Nations system”) consists of the UN, the UN funds and programs (subsidiary bodies of the General Assembly), the specialized agencies (such as UNESCO and WHO) and related organizations.

The UN System Chief Executives Board for Coordination (CEB) is the UN system’s highest coordinating mechanism. Chaired by the Secretary-General, its members are the leaders of the

main parts of the UN system. The CEB aims to coordinate UN action in the pursuit of the common goals of member states.

The UN Development Group unites the 32 UN funds, programs and agencies that play a role in development work within the Organization. This executive body works to enhance cooperation between policy-making entities and the distinct operational programs.

Programs and Funds:

The funds, offices and programs are subsidiary bodies of the General Assembly.

UNCTAD, UN Conference on Trade and Development, deals with development and related issues of trade, finance and technology. UNCTAD’s main goal is to help developing countries and transition economies use trade and investment as an engine for development and integration into the world economy.

It works in three main areas: research; consensus-building; and technical cooperation projects carried out with various partners.

Negotiations at UNCTAD’s meetings resulted in the Global System of Trade Preferences (1988), an agreement that reduced tariffs among participating developing countries; the Common Fund for Commodities (1989), and various agreements for debt relief. In the 1990s UNCTAD’s efforts were directed to help the poorest and least developed countries become integrated into the world economy.

ITC, International Trade Centre, is the joint agency of the WTO and the UN. As the development partner for small business export success, the ITC helps developing and transition countries achieve sustainable development through exports.

UNCDF, UN Capital Development Fund, is the UN’s capital investment agency for the world’s 49 least developed countries. It increases access to microfinance and investment capital.

UNFPA, UN Population Fund, it provides assistance for reproductive health, safe motherhood, family planning, sexual health, to reduce maternal disabilities, to address HIV/AIDS.

UN-HABITAT, UN Human Settlements Programme, it promotes sustainable human settlements development through policy formulation and capacity-building. Its technical projects focus on slum upgrading, urban poverty reduction, the provision of urban water and sanitation and shelter delivery.

UNEP, UN Environment Program, the principal UN body in the field of the environment, it promotes international cooperation on environmental issues and provides scientific advice and technical assistance for international conventions, including the Montreal Protocol on Substances that Deplete the Ozone Layer or the UN Convention on Biological Diversity.

One of UNEP’s most widely recognized activities is Earthwatch, a system designed to facilitate the exchange of environmental information among governments.

During 2010–2013, UNEP is focusing on climate change, ecosystem management, environmental governance, harmful waste, environmental disasters and resource efficiency.

UNHCR, Office of the UN High Commissioner for Refugees, in addition to providing basic international legal protection for displaced persons (in order to ensure minimal rights) it resettles refugees who are victims of war, political turmoil, or natural disasters. By the end of 2010, UNHCR was looking after some 36.5 million people.

UNRWA, UN Relief and Works Agency for Palestine Refugees in the Near East, it is the largest UN operation in the Middle East, this agency was created to provide relief services for Palestinians who lost both their homes during the Arab-Israeli wars following the establishment of the state of Israel in 1948.

By the late 20th century there were nearly four million Palestinian refugees, including the children of the original refugees.

World Food Programme (WFP), is the world’s largest humanitarian organization in the fight against global hunger. Over the years, the Program has reached hundreds of millions of people, using food assistance to meet emergency needs and support development. In 2009 it provided nearly 70 per cent of the world’s emergency food aid. Its Food-For-Life program aids victims of both natural and human-made disasters by collecting and transporting food to crisis areas. Its Food-for-Growth programs are directed at vulnerable groups—including children, pregnant women, and the elderly—and its Food-For-Work program encourages self-reliance by providing food in return for labour.

UN-Women, UN Entity for Gender Equality and the Empowerment of Women: In July 2010, the General Assembly created UN Women, the UN Entity for Gender Equality and the Empowerment of Women. The main roles of UN Women are to support inter-governmental bodies in their formulation of policies, to create global standards and norms, and to help Member States to implement these standards.

United Nations Children’s Fund (UNICEF), provides long-term humanitarian and developmental assistance to children and mothers in developing countries. It has evolved from an emergency fund to a development agency, committed to protecting the rights of every child to survival and development. UNICEF has concentrated much of its effort in the prevention and treatment of diseases, it also provides funding for educational facilities, and other welfare services. Since 1996 UNICEF programs have been guided by the Convention on the Rights of the Child (1989).

UNDP, United Nations Development Program, leads the UN’s global development network, so it is the key organ for assistance in cooperation for development. With activities in more than 160 countries, UNDP works throughout the developing world helping countries meet their development goals.

Its mandate is to work with countries to reduce poverty, promote democratic governance and protect the environment, in order to meet the Millennium Development Goals.

The UNDP´s representative in any given developing country is the nominal coordinator for development of the several funds, programs and agencies of the UN System.

Its tasks consist in approving national programs presented by individual states, to allocate the relative funds and to supervise the realization of the projects in the program. Such realization is usually entrusted to other agencies (Specialized Agencies or other UN bodies).

Its flagship publication is the annual Human Development Report, which focuses on key development issues and provides measurement tools, and policy proposals.

Specialized Agencies:

Autonomous organizations established by intergovernmental agreement and having international responsibilities in economic, social, cultural, educational, health, and related fields.

Relation with the UN

They shall be brought into relationship with the UN through agreements negotiated by the ECOSOC and approved by the GA .

Also the GA and ECOSOC have the power to make recommendations for the coordination of their policies and activities

The relations between the UN and the Agencies have become more intense in the framework of cooperation for development after the setting up of UNDP: special agreements between UNDP and the individual Agencies.

General Activities

They issue Recommendations and Draft Conventions, or They carry out Operational Tasks in the field of assistance and I aid.

ILO: International Labor Organization : is dedicated to improving labor conditions and living standards of workers: it provides technical assistance in social policies and in workforce training; it helps to protect the rights of international migrants and organized labor and to address the problem of child labor.

UNESCO: UN Educational, Scientific and Cultural Organization : It aims at promoting collaboration in education, science, and culture by assisting the national efforts of MS to eliminate illiteracy, to extend free education, to protect the humanity's common cultural heritage…

WHO: World Health Organization : It provides research services, a set of international sanitary regulations, (for example, designed to standardize quarantine measures) and it keeps MS informed of the latest developments in the use of vaccines, cancer research…. It sponsors measures for the control of disease, vaccination programs, provides technical advice to governments in the preparation of long-term national health plans…

FAO: Food and Agriculture Organization of the UN : established with the objective of eliminating hunger and improving nutrition and standards of living by increasing agricultural productivity. The FAO carries out research and coordinates and provides technical assistance on projects for developing agriculture, forestry, fisheries, and land and water resources. It also; on projects in individual countries.

World Bank: designed to finance projects that enhance the economic development of member states. It is the largest source of financial assistance to developing countries, it provides technical assistance and policy advice and supervises—the implementation of free-market reforms. Together with the IMF and the WTO, it plays a central role in overseeing economic policy and reforming public institutions in developing countries and defining the global macroeconomic agenda.

IFAD International Fund for Agricultural Development : It aims at combating rural poverty and hunger in developing countries, and promoting agricultural and rural development.

IMF International Monetary Fund: It Regulates operation of international monetary system, Promotes exchange stability, provides financial assistance, subject to conditions, to MS in balance of payments difficulties.

Others: ICAO lnternational Civil Aviation Organization, IMO International Maritime Organization, ITU International Telecommunication Union, UPU Universal Postal Union, WMO World Meteorological Organization, WIPO World Intellectual Property Organization .

Related Organizations:

WTO World Trade Organization 94, established to supervise and liberalize world trade and resolve trade disputes. It is the successor to the General Agreement on Tariffs and Trade (GATT), which was created in 1947 in the expectation that it would soon be replaced by a specialized agency of the UN to be called the lnternational Trade Organization (ITO). Although the ITO never materialized, the GATT proved successful in liberalizing world trade over the next five decades. Other core components include

the General Agreement on Trade in Services (GATS); the Agreement on Trade-Related Aspects of Intellectual Property Rights (to improve protection of intellectual property).

IAEA: it reports to the Security Council and the General Assembly.

- It promotes the safe use of nuclear power by supporting nuclear programs

- It helps countries to improve their capabilities in the peaceful applications of nuclear technology.

- It is the world’s nuclear inspectorate. It aims at stopping the spread of nuclear weapons.

15.Peace and Security:

Peaceful Settlement of Disputes and Prohibition of Force:

Peaceful Settelemnt of Disputes:

Under the UN Charter all Members shall settle their international disputes by peaceful means in such a manner that peace and security are not endangered.

The parties to any dispute, the continuance of which is likely to endanger the maintenance of international peace and security, shall seek a solution “by negotiation, enquiry, mediation, conciliation, arbitration (free choice of arbitrators, respect for international law, obligation to comply with the award) judicial settlement, resort to regional organizations, or other peaceful means of their own choice” such as good offices (bringing disputants together so that they may reach a settlement)” Art 33 UN Charter.

The obligation is to try to seek a solution, (therefore a dispute could go unresolved forever without constituting a Charter violation) and in any event not to seek resolution of a controversy by the use of violence.

The Prohibition of The Use of Force:

All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations.

Exceptions:

- Self-Defense: each state has an inherent right of individual or collective self-defense if an armed attack occurs against a member of the UN, until the SC has taken measures necessary to maintain peace and security, art 51 UN Charter.

- Collective action under chapter VII and under art 53: in the event of threats to peace, breaches of peace and acts of aggression, no particular article.

- Humanitarian Law: states are bound by certain rules when engaged in war (even illegal wars) which are mainly contained in the four Geneva Conventions of 1949, and their Protocols. Those rules demand states to protect civilians.

Contribution of the UN to Maintain Peace through its Conciliatory Functions: Prevention Diplomacy and Peace-making:

- Preventive Diplomacy refers to action to prevent disputes from arising and escalating into conflict, or to limit the spread of conflicts when they occur. Early warning is essential: the UN carefully monitors political and other developments around the world to detect threats to international peace and security.

- Peacemaking refers to the use of diplomatic means to persuade parties in conflict to cease hostilities and to negotiate the peaceful settlement of a dispute.

The UN provides various means through which disputes may be resolved, they may take the form of Good Offices, Mediation or Recommendations made by the Security Council, the General Assembly or the Secretary General.

The Security Council:

It may Recommend ways to resolve a dispute: one function under the Chapter VI of the Charter is to settle disputes peacefully, and whenever possible the SC has considered situations under Chapter VI as simple disputes rather than considering collective action under Chapter VII.

It may Request the Secretary-General’s mediation

It may create Political Missions: political offices or peacebuilding offices in the Country to help prevent and resolve conflicts, support peace, national dialogue, national institutions, development, strengthen human rights…examples: UNAMI (Iraq), UNSMIL (Libya), the UN peacebuilding mission office in Sierra Leone, UNAMA (Afghanistan)… All those political missions are The these political missions and peace-building support offices are managed by The Department of Political Affairs within the Secretariat (except for UNAMA, which is managed by the Department of Peacekeeping Operations).

The General Assembly:

The GA may discuss any question relating to the maintenance of international peace and security and may recommend measures for the peaceful adjustment of any situation (for example over the Israeli occupation of the Palestinian territories).

The Secretary-General:

The Secretary General plays a central role in peacemaking, he may take diplomatic initiatives:

He may act personally and use his “good offices” for mediation or to exercise preventive diplomacy.

He may dispatch Special Envoys or Good Offices Missions for specific tasks, such as negotiation or fact-finding: UN envoys or special advisers for Cyprus, Western Sahara, Libya, the FYROM-Greece name dispute…

He may set up Civilian-led “Political Missions”: field operations with mandates to help prevent and resolve conflicts, support national dialogue, national institutions, development, strengthen human rights... Examples: Political Offices in West Africa, Central Africa, Somalia, Central Asia, Burundi…. They are overseen by the Department of Political Affairs and headed by senior Representatives of the Secretary-General.

The Department of Political Affairs within the Secretariat plays a central role in UN efforts to prevent and resolve deadly conflict around the world.

The DPA monitor global political developments in order to detect potential crises before they escalate, and devise responses.

The Department also provides support to the Secretary-General and his envoys, as well as to UN political missions deployed to areas of tension around the world with mandates to help defuse crises or promote lasting solutions to conflict.

Contribution of the UN to Maintain Peace through its peace-keeping functions:

Peacekeeping: UN Peacekeepers provide security and the political and peacebuilding support to help countries make the transition from conflict to peace.

While not specifically envisaged in the Charter, UN pioneered peacekeeping in 1948 in the Middle East and nowadays there are 17 UN peacekeeping operations in Haiti, Timor-Leste, India and Pakistan, Cyprus, Kosovo, Darfur, Middle East, Israel and Syria, internal conflict in Syria, Lebanon…

Creation of Peacekeeping Operations:

Peacekeeping Operations are established by the Security Council and directed by the Secretary-General, usually through a special representative, and a Force Commander is responsible for the operation’s military aspects.

Since the UN has no military force of its own, member states provide the military and police personnel required for each operation.

The Department of Peacekeeping Operations gives political and executive direction to peacekeeping operations and the Department of Field Support provides support and guidance to all UN field peace operations in the areas of finance, logistics, information, technology, human resources and general administration.

Principles guiding Peacekeeping Operations:

They are deployed with the Consent of the parties to the conflict.

They are Impartial.

They do not use force except in self-defense, defense of the mandate, protection of humanitarian operations and of civilians (recent years).

Tasks:

- Maintenance of ceasefires and Separation of Forces: traditional function of peacekeeping missions, by providing “buffer zones” an operation based on a limited agreement between parties can foster an atmosphere conducive to negotiations. Examples: the first one being UNTSO (The UN Truce Supervision Organization) which is still supervising the armistice agreements in the Middle East; UNMOGIP (India and Pakistan), which Observes the ceasefire in Jammu and Kashmir the latest one being UNSMIS (UN Supervision Mission in Syria) which was set up in order to monitor the cessation of armed violence and comprises unarmed military observers.

- Today's multidimensional peacekeeping operations: are called upon not only to maintain peace and security, but also to facilitate the political process, protect civilian and Humanitarian operations (tasks which may require the use of force), assist in the demobilization and reintegration of former combatants; support the organization of elections, protect human rights and assist in restoring the rule of law. Examples: UNMISS (South Sudan on the ground to consolidate peace and security and to help establish conditions for development, UNAMID (protecting civilians, facilitating humanitarian aid and helping political process in Darfur), MONUSCO (Protecting civilians and consolidating peace in the Democratic Republic of the Congo), MINUSTAH (in Haiti)….

Contribution of the UN to Maintain peace through its peace-bulding functions:

It refers to efforts to assist countries in their transition from war to peace, that is Activities in a Post-War context of Reconstruction.

A peace-building process normally begins with the signing of a peace agreement by former warring parties and a UN role in facilitating its implementation.

Types of assistance:

They support the implementation of a peace process, the repatriation of refugees, the holding of elections and political consolidation, support justice and security sectors, the disarmament and reintegration of soldiers…

Peacebuilding offices are currently active in

Guinea-Bissau, The Central African Republic and Sierra Leone (war 91-2002, Peacekeeping mission 99, since 2005 Peace-building mission)

The Department of Political Affairs manages post-conflict peacebuilding missions.

The UN Peace-building Commission: was established in 2006 of to design and coordinate peace-building strategies.

Contribution of the UN to Restore Peace: Enforcement Actions in the event of Threats to or Breaches of the Peace:

The SC can take enforcement measures to maintain or restore international peace and security under chapter VII of the Charter. Such measures may range from economic sanctions to authorizing military action.

The Security Council determines the existence of threats to or breaches of peace:

The SC shall determine the existence of any threat to the peace, breach of the peace, or act of aggression and shall make recommendations, or decide what measures shall be taken to maintain or restore international peace and security.

The SC has established that International peace has been breached in several cases:

- International Conflicts (between states)

- Internal Conflicts (risk of spreading to other countries or when civilians are at imminent risk).

- If a State fails in its responsibility to protect its population from genocide, war crimes or crimes against humanity, the International Community has the responsibility to protect that population, and if the use of force is needed the SC may authorize it (Libya).

- Acts of Terrorism.

When the SC establishes that international peace has been breached it may:

- Impose sanctions on the states responsible

- Authorize some States (invoking Chapter VII) or Regional Organizations (art 53) to use force (“all necessary means”) in order to restore international peace.

Sanctions:

The Council has resorted to mandatory sanctions as an enforcement tool when peace was threatened and diplomatic efforts had failed.

The range of sanctions has included: comprehensive economic and trade sanctions, or more specific measures such as arms embargoes, travel bans and financial or diplomatic restrictions.

The use of sanctions seeks to apply pressure on a state or entity to comply with the objectives set by the SC without resorting to the use of force. Sanctions thus offer the Council an important tool to enforce its decisions.

Sanctions have been imposed against many countries such as Iraq, the former Yugoslavia, Haiti, Rwanda, Somalia, Sudan, Sierra Leone, the Federal Republic of Yugoslavia, Iran, the Democratic People’s Republic of Korea, Libya…

The adverse impact of sanctions on the civilian population has led to the use of the so called “Smart sanctions”, which seek to pressure those in power rather than the population at large, thus reducing humanitarian costs. They may involve measures such as freezing the financial assets elites whose illicit activities triggered sanctions in the first place.

Authorizing Military Actions:

When peacemaking efforts fail, stronger action by member states may be authorized under Chapter VII of the Charter. The SC has authorized coalitions of states to use “all necessary means”, including military action:

- To deal with an international conflict — as it did to restore the sovereignty of Kuwait after its invasion by Iraq (1991)

-To restore peace and security in an internal conflict: East Timor (1999 and 2006), Ivory Coast (2011).

- To protect civilians at risk: Libya (2011) or humanitarian operations Somalia (92); Albania (97)

- To restore the democratically elected government: Haiti (94), Ivory Coast (2011)

These actions, though sanctioned by the SC, were entirely under the control of the participating states. They were not UN peacekeeping operations — which are established by the SC and directed by the SG.

Contribution of the UN to Combat Terrorism:

Concept and features of Terrorism:

One of the many Definitions of Terrorism: “Politically motivated violence perpetrated against non-combatant targets”…

There are problems regarding the definition of Terrorism:

Muslim Countries want to exclude from the definition of terrorism the struggle of peoples under foreign occupation to achieve self-determination. They also want to include in the definition the activities of State´s militaries inasmuch as they are not in conformity with international law

Western Countries want to exclude from the definition the activities of armed forces during an armed conflict, as those terms are understood under international humanitarian law.

Features of Terrorism:

- The use of Violence to create Fear when direct military victory is not possible, that distinguishes terrorism from guerrilla warfare (which aims at military victory). The goal of terrorism generally is to destroy the public’s sense of security.

- The Unlawful Use of Force in furtherance of Political Motivations.

- The victims are most often Innocent Civilians.

Countering Terrorism:

A Global Convention on International Terrorism hasn´t yet been agreed on.

Fourteen instruments against international terrorism have been elaborated within the framework of the UN system relating to specific terrorist activities.

The 9/11 and other terrorist attacks underlined the potential danger of Weapons of Mass Destruction falling into the hands of non-state actors, and reflecting these concerns:

Member States agreed on a Global strategy to counter terrorism in 2006, the first time that all MS of the UN have agreed on a common strategy to fight terrorism by: tackling the conditions conducive to the spread of terrorism, preventing it and building States’ capacity to combat it. It builds on the consensus achieved at the 2005 Summit to condemn terrorism: “by whomever, wherever, and for whatever purposes.”

The Counter-Terrorism Implementation Task Force (CTITF): was established by the Secretary-General in 2005 and endorsed by the GA through the UN Global Counter-Terrorism Strategy. The mandate of the CTITF is to enhance coordination of counter-terrorism efforts of the UN system. Since the primary responsibility for the implementation of the Global Strategy rests with States, the CTITF provides them with policy support, knowledge of the Strategy and delivery of technical assistance.

Security Council Action:

Sanctions:

Since the early 1990s, the Security Council has established sanctions against States considered to have links to certain acts of terrorism: Libya (92); Sudan (96) and the

Since 2000 the Security Council has imposed sanctions against Al-Qaida members (requiring States to impose assets freeze, travel bans on individuals associated with Al-Qaida, and prohibiting them from training them).

Law-making Activity under Chapter VII:

Resolution 1373, (2001) obliges States to take measures to prevent terrorist activities, to criminalize terrorist actions and to adhere to international counter-terrorism instruments, and the MS will report regularly to the Counter Terrorism Committee on the measures they have taken to implement resolution 1373.

Resolution 1540, (2004) obliges States to refrain from supporting non-State actors from acquiring WMD. 1540 Committee reports on the implementation of the Resolution.

16.Economic, Social and Sustainable Development. Humanitarian Assistance:

One of the aims of the UN is to achieve co-operation in solving international problems of an economic, social, cultural, or humanitarian character

Different approaches to the Concept of Development:

Economic Development:

Economic Development means the growth of the Economy.

It is a central preoccupation of the Organization that half the world’s population—mostly in Africa, Asia, and Latin America — must live on less than $2 per day. The UN urges the adoption of macroeconomic policies that address current imbalances—the growing gap between the North and South—as well as the persistent problems of the LDCs.

Through their policies and loans, the lending institutions of the UN system have, collectively, a strong influence on the economies of developing countries, especially on those of LDCs.

In 1970, the General Assembly set an ODA target of 0.7 per cent of GNI gross national income. For years, the collective effort of members of the Development Assistance Committee (DAC) of the OECD (industrialized countries) hovered at around half that level. United Nations ODA is derived from two sources: grant assistance from UN agencies, funds and programs; and support from lending institutions such as the World Bank and IFAD.

Social Development:

Altogether with the need of economic development, over the decades, the UN has emphasized the need of putting people at the center of development, that means better lives for all people (eradication of hunger, education, healthcare, good government…).

Nowadays it is called Human Development, which is defined as a process of strengthening human capabilities and expanding human choices.

Sustainable Development:

Development should meet our current needs without diminishing the ability of future generations to meet theirs.

The UN plays a key role in shaping international action to protect our environment, and the UN Environment Program (UNEP) leads its global efforts. The UNEP conducts research, monitors the state of the environment, advises Governments on ways to preserve their natural resources, and brings Governments together to make international laws to solve environmental problems.

The UN Conference on Environment and Development (the Earth Summit), Rio de Janeiro, 92, where countries adopted Agenda 21 - a blueprint to rethink economic growth, advance social equity and ensure environmental protection. It produced The Rio Declaration and The UN Framework Convention on Climate Change, which reconciled the positions of the developing countries, concerned with their growth and the developed countries concerned with environment.

The Kyoto Protocol to the Convention on Climate Change was signed in 1997 and aimed to slow global warming by cutting green-house gasses.

The UN Conference on Sustainable Development (Rio+20) to take place in Rio de Janeiro, Brazil, in June 2012, the UN is again bringing together the international community to agree on measures that can reduce poverty while promoting clean energy and a more sustainable and fair use of resources.

Development Policies and Guidelines: General Assembly, ECOSCO and UNCTAD:

The Responsibility for the discharge of Economic and Social Cooperation shall be vested in the General Assembly and, under its authority, in the Economic and Social Council and in the Programs and Funds set up by these two organs. Within the UN System, The Specialized Agencies also have international responsibilities in economic, social, cultural, educational, health, and related fields.

The GA:

It has prepared a series of rules which the UN believes should regulate relationships between the States in this sector, through Declarations of Principles, Recommendations addressed to States and the Drafting of Conventions.

Evolution

The 60s: the importance of economic development was rising on the UN agenda, stimulated by the many newly independent countries that had or were about to become member states. The First Development Decade

The 70s: the path led to a greater concern for Poverty reduction and Redistribution to achieve Basic Needs. Third World called for a New International Economic Order (74), which recognized the developing countries´ right to permanent sovereignty over their own resources, to adopt its own economic and social system, but strong opposition from the industrial counties removed it from the international agenda.

The 80s: with rising debt and world recession the development agenda came to a halt, and the IMF and the World Bank set the international agenda for development with a dominant priority on Structural Adjustment (the Washington Consensus: reducing inflation, correcting imbalances in deficits). These programs increased poverty and were severely criticize by some UN institutions: UNICEF. And the role of the UN greatly diminished, and was left to dissent from these policies: The Declaration on the right to development (86).

The 90s: at the end of the Cold War official development assistance ODA fell sharply. However, much more assistance went to basic social services and more than four fifths of aid was no longer tied to the procurement of goods in the donor country.

The UN put forward a more active strategy, with the publication by the UNDP of its first annual Human Development Report, setting out an alternative to the Washington Consensus strategy, reinforcing earlier priorities for social development, food security, human rights, environment, good governance and gender equality.

Therefore international Development, Human Rights and Environmental Sustainability became interlinked, as a result of the numerous international Conferences of the 90s: The Declaration on Environment and Development (Río 92), The World Conference on Human Rights (Vienna 93), The World Summit for Social Development (Copenhagen, 95)….

And due to the criticism of aggravating poverty by the structural adjustment programs, the World Bank and the IMF launched a program in 1996 known as the Debt Initiative for Heavily Indebted Poor Countries (HIP), to help the world’s poorest countries with crippling debts.

The Millennium Declaration (2000): all UN institutions (including the World Bank and the IMF), and governments agreed on a set of Millennium Development Goals (MDGs): a series of specific, attainable targets including: the eradication of poverty and hunger, universal primary education; the empowerment of women; reducing child mortality; improving maternal health; environmental sustainability; and developing a global partnership for development...

The Monterrey Conference on Financing for Development, 2002 stimulated commitments from major donors to increase ODA as a first step towards reversing its decline in the 90s. It also sought to shift the focus of such assistance more towards poverty reduction, education and health.

Nowadays the efforts are also directed toward Aid Effectiveness: namely greater coordination between donors.

UNCTAD:

It was established to promote trade and investment in developing countries, and has also played an important role in the performance of normative functions: it has led to the preparation of a general system of preferences in trade exchanges in favor of developing countries…

The Economic and Social Council (ECOSOC):

Efforts are being made in order to turn ECOSOC into the global forum for development and the millennium Development Goals. ECOSCOC is mandated to hold (since 2005 World Summit):

Annual Ministerial Review: assesses progress in achieving the internationally agreed development goals arising out of the major conferences: decent work (2012) education (2011), women (2010), Public health (2009), sustainable development (2008), Eradicate extreme poverty (2007)

Development Cooperation Forum: The DCF brings together developing and developed countries, civil society organizations, and the private sector for a dialogue on development cooperation. It reviews trends in development cooperation and aim at promoting greater coherence among the activities of various actors.

Lending for Development and Operational functions:

The UN System is involved in solving social and economic problems by providing loans and grants to developing countries and by helping them implement programs of technical assistance.

The World Bank: is the largest source of financial assistance to developing countries. It also provides technical assistance and policy advice. The Bank orients its lending activities on two pillars for development: building a climate for investment, jobs and sustainable growth; and investing in poor people and empowering them to participate in development.

IFAD: The International Fund for Agricultural Development finances agricultural development programs that enable rural people to overcome poverty, to access the land, water, financial resources and agricultural technologies and services they need to farm productively, and to access markets.

UNDP United Nations Development Program: 1965 helps countries eliminate poverty and achieve sustainable human development. It is the largest UN development assistance program.

The task of UNDP is to approve national programs presented by the individual States, to allocate the relative funds, and to supervise the realization of the projects in the program. Such realization is usually entrusted to other agencies (Specialized Agencies or other UN bodies: such as the various special funds).

UNICEF: UN International Children´s Emergency Fund: is entrusted with improving the health, nutrition, education, and general welfare of children.

UNFPA: UN Population Fund: deals with reproductive health (family planning, safe motherhood, and the prevention of sexually transmitted diseases) and the population problems of developing countries

WFP World Food Program: their programs help victims of disasters and vulnerable groups (including children, women, the elderly), by collecting and transporting food.

UNEP: the UN Environment Program: promotes cooperation on environmental issues, provides guidance to UN organizations and assists developing countries in implementing environmentally policies

The UN Development Group : 97, It unites the UN funds, programs, agencies, departments, and offices that play a role in development, coordinating UN development activities.

Humanitarian Action:

Since it first coordinated humanitarian relief operations in Europe following the devastation and massive displacement of people in World War II, the UN has led the international community in responding to natural and man-made disasters that are beyond the capacity of national authorities alone: such as the displacement of population as a result of war in Afghanistan, Iraq, Somalia… the 2004 tsunami, or the 2010 earthquake in Haiti, or the summer’s floods in Pakistan, the March 2011 earthquake and tsunami in Japan….

Humanitarian assistance may be defined as the Essential Supplies to the Survival of the civilian population (food, medical supplies…)

Principles guiding humanitarian Assistance:

Humanitarian assistance must be:

- Humanitarian: “being concerned with the condition of man considered solely as a human being”

- Impartial: the absence of discrimination on the basis of membership of a social group (race, color, religion..); proportional and free of political conditions: assistance should be delivered on the basis of need, regardless of the beneficiary being innocent or guilty.

Confronted with conflict and natural disasters, the UN engages on two fronts:

- The UN system seeks strategies to prevent emergencies from arising through different mechanisms such as the Humanitarian Early Warning Service and the UN Strategy for Disaster Reduction. The FAO monitors impending famines, while the World Meteorological Organization carries out tropical cyclone forecasting and drought monitoring. The UNDP assists disaster-prone countries in developing contingency planning and other preparedness measures.

- When disaster strikes the UN brings immediate relief to the victims, through its operational agencies such as the World Food Program (WFP), or UNICEF or together with the Specialized Agencies such as the World Health Organization. Therefore the UN system provides food, clean water, sanitation facilities, shelter, sets up temporary learning centres…

- Coordination: The Office for The Coordination of Humanitarian Affairs (OCHA), coordinates assistance in humanitarian crises that go beyond the capacity and mandate of any single agency (governments, NGOs and UN agencies). The UN Emergency Relief Coordinator heads OCHA and is the Organization’s principal policy adviser and coordinator on humanitarian emergencies.