English
for lawyers
The 1st year
term 2
The Main Organs of the United Nations
The United Nations Organization is an international organization based in New York and Geneva. It was set up by the United Nations Charter in 1945 to replace the League [li:g] of Nations. The main aims of the UN are: 1. to maintain international peace and security and to bring about settlement of international disputes by peaceful means; 2. to develop friendly relations among nations; and 3. to achieve international cooperation in solving international problems of an economic or cultural nature and in promoting respect for human rights. The Charter sets out certain fundamental principles, which include refraining from using or threatening force against the territory or political independence of any state. The United Nations system is based on five principal organs (formerly six - the Trusteeship Council suspended operations in 1994); the General Assembly (the main deliberative body), the Security Council (decides certain resolutions for peace and security), the Economic and Social Council (assists in promoting international economic and social cooperation and development), the Secretariat (provides studies, information, and facilities needed by the UN); and the International Court of Justice (the primary judicial organ). Four of the five principal organs are located at the main United Nations headquarters located on international territory in New York City. The International Court of Justice is located in the Hague [heig], while other major agencies [`eidЗ(ə)nsiz] are based in the UN offices at Geneva[dЗə΄ni:və], Vienna [vi΄enə] and Nairobi [nai΄rəubi]. Other UN institutions are located throughout the world.
The General Assembly is composed of representatives of nearly all the nations of the world. It is where countries can voice their concerns to the rest of the world. There are currently 192 member states, including nearly every recognized independent state in the world. Switzerland is one country which is not a member of the UN, although the European headquarters of the UN is in Geneva. Each member state has a single vote no matter what its size or wealth. The General Assembly normally meets in New York. Each country is represented by a senior diplomat but, at times, foreign ministers or even heads of states attend meetings of the General Assembly. It meets regularly from September to mid-December and also holds special sessions when the need arises. The General Assembly serves as a forum where member states may discuss any matters of global concern. It promotes the cooperation of nations in social and economic affairs and encourages the observation of human rights for all. It has special committees on such matters as disarmament, finance, humanitarian issues, and social and economic concern. Deliberations in the General Assembly have resulted in significant agreements and the creation of new international law. These agreements, or adopted resolutions, are only recommendations and, as such, cannot be enforced. However, they carry great weight because they represent the opinion of a majority of countries.
The International Court of Justice consists of 15 judges elected by the General Assembly. The judges are chosen on the basis of their qualification and not on their nationality. However, no two judges can be from the same country. The seat of the Court is in the Hague, Netherlands. Member states can refer matters to it such as border disputes, fishing and mineral rights and other matters to do with the Charter. The General Assembly or the Security Council may ask the Court for an advisory opinion on any matter.
The main function of the Security Council is to maintain international peace. The Security Council meets whenever necessary in New York. It has 15 members, five of which are permanent. They are China, France, the Russian Federation, the United Kingdom and the United States. The other 10 members are elected by the General Assembly, on the basis of geographic representation, for two-year terms, five being elected each year. Under the terms of the Charter, all the members of the UN have agreed to accept the decisions of the Security Council.
While the other organs of the UN, such as the General Assembly, can only make recommendations to governments, the Security Council has the power to take decisions which member states are obliged to carry out. However, any one of the five permanent members can forbid an action even if the other 14 are in favour – this is veto power. The Security Council has been criticised for being unable to act in a clear and decisive way when confronted with a crisis.
Economic and Social Council (ECOSOC, as it is often called) deals with the matters which many Ministries deal with. The Council has 54 members who serve for three years – 18 new members are elected each year. Voting is by a simple majority. It holds one month-long session each year. It discusses, studies and makes recommendations to the General Assembly relating to economic development, environmental issues, human rights and other economic issues. It also coordinates the work of the Commissions and the Specialized Agencies such as the World Health Organization (WHO), the International Labour Organization (ILO), the Food and Agriculture Organization (FAR) and the UN Educational and Cultural Organization (UNESCO).
Secretariat The United Nations Secretariat is headed by the Secretary-General, assisted by a staff of international civil servants worldwide. It provides studies, information, and facilities needed by United Nations bodies for their meetings. It also carries out tasks as directed by the UN Security Council, the UN General Assembly, the UN Economic and Social Council, and other UN bodies.
Universal Declaration of Human Rights
The Universal Declaration of Human Rights (UDHR) is a declaration adopted by the United Nations General Assembly. The Guinness Book of Records describes the UDHR as the "Most Translated Document" in the world. The Declaration arose directly from the experience of the Second World War and represents the first global expression of rights to which all human beings are inherently entitled. It consists of 30 articles which have been elaborated in subsequent international treaties, national constitutions and laws. The International Bill of Human Rights consists of the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, and the International Covenant on Civil and Political Rights and its two Optional Protocols. In 1966 the General Assembly adopted the two detailed Covenants which complete the International Bill of Human Rights; and in 1976, after the Covenants had been ratified by a sufficient number of individual nations, the Bill took on the force of international law.
The Universal Declaration was adopted by the General Assembly on 10 December 1948 by a vote of 48 in favour, 0 against, with 8 abstentions (all Soviet Bloc states, South Africa and Saudi Arabia). The adoption of the Universal Declaration is a significant international commemoration marked each year on 10 December and is known as Human Rights Day or International Human Rights Day. The commemoration is observed by individuals, community and religious groups, human rights organisations, parliaments, governments and the United Nations.
Legal Effect. Some international lawyers believe that the Declaration forms part of customary international law and is a powerful tool in applying diplomatic and moral pressure to governments that violate any of its articles. The declaration has served as the foundation for two binding UN human rights covenants: the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights. It continues to be widely cited by academics, advocates and constitutional courts.
Preamble
The Universal Declaration begins with a preamble consisting of seven paragraphs followed by a statement "proclaiming" the Declaration.
Each paragraph of the preamble sets out a reason for the adoption of the Declaration. The first paragraph asserts that the recognition of human dignity of all people is the foundation of justice and peace in the world. The second paragraph observes that disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind and that the four freedoms: freedom of speech and belief, and freedom from fear and want have been "proclaimed as the highest aspiration" of the people. The third paragraph states that so that people are not compelled to rebellion against tyranny, human rights should be protected by rule of law. The fourth paragraph relates human rights to the development of friendly relations between nations. The fifth paragraph links the Declaration back to the United Nations Charter which reaffirms faith in fundamental human rights and dignity and worth of the human person. The sixth paragraph notes that all members of the United Nations have pledged themselves to achieve, in cooperation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms. The seventh paragraph observes that "a common understanding" of rights and freedoms is of "the greatest importance" for the full realization of that pledge.