The United Nations

The United Nations

Overview:

The United Nations officially came into existence on the 24 October 1945 with 51 Member States.

Today, membership totals 188 countries.

When States become Members, they agree to accept the obligations of the UN Charter.

According to the Charter, the UN has 4 purposes:

- To maintain international peace and security,

- to develop friendly relation among nations,

- to cooperate in solving international problems and in promoting respect for human rights,

- and to be a centre for harmonising the actions of Nations.

The UN has six main organs.

The following five are based at UN headquarters in New York.

1. The General Assembly

It is a kind of parliament of nations where every Member State is represented, which meets to consider the world's most pressing problems.

The Assembly cannot force action by any state, but its recommendations are an important indication of world opinion.

2. The Security Council

Through the Charter it has primary responsibility for maintaining international peace and security. Under the Charter, all member states are obligated to carry out the council's decisions.

There are 15 council Members: five as permanent, 10 elected for two -year terms.

3. Economic and Social council

Beginning in 1998, the Council coodinates the economic and social work for the UN and the UN family. Its 54 members are elected by the General Assembly and under its authority.

4. The Trusteeship Council

This Council was established to provide international supervision for 11 Trust Territories and to prepare them for independence. Its work completed in 1994, it consists today only of the five permanent members of the Security Council.

5. The Secretariat

The Secretariat carries out the substantive and administrative work of the UN as directed by the other organs.

The sixth organ is the International Court of Justice which has its seat at the Peace Palace in The Haque.

It is also called "World Court" and the principal judicial organ of the UN. It began work 1946.

Composition:

Judges:

The Court is composed of 15, highly qualified judges, all off different nationality, elected to nine- year terms of office by the General Assembly and the Security Council. Elections are held every three years for one-third of the seats, and retiring judges may be re-elected. The Members of the Court do not represent their governments, but are independent magistrates.

The Parties

Only the States of the UN, and Switzerland which has become party to the Court's Statute, may apply to and appear before the Court

Jurisdiction

The Court is competent to entertain a dispute only if the States concerned have accepted its jurisdiction in one or more of the following ways:

1. by the conclusion between them of a special agreement to submit the dispute to the Court;
2. by virtue of a jurisdictional clause
3. through the reciprocal effect of declarations made by them under the statute whereby each has accepted the jurisdiction of the Court as compulsory in the event of a dispute with another state having made a similar declaration.

In case of doubt as to whether the court has jurisdiction, it is the Court itself which decides.

Procedure defined by its statute

The proceedings include a written phase, in which the parties file and exchange pleadings,

and an oral phase consisting of public hearings at which agents and counsel address the Court. As the Court has two official languages (English and French) everything written or said in one is translated into the other.

After the oral proceedings the Court deliberates in camera and then delivers its judgement at a public sitting.

The judgement is final and without appeal. Should one of the states involved fail to comply with it, the other party may have recourse to the Security Council.

The Court discharges its duties as a full court but, at the request of the parties, it may also establish a special chamber.

Since 1946 the Court has delivered 69 judgements on disputes, i.e. diplomatic relations or the right of asylum.

Sources of applicable law

The Court decides in accordance with international treaties and conventions in force, international custom, the general principles of law and, as subsidiary means, judicial decisions and the teachings of the most highly qualified publicists.

The second part for the Court's dual rule are the "Advisory Opinions"

The advisory procedure of the Court is at present open solely to the five organs of the UN and

16 specialised agencies of the UN family.

On receiving a request, the Court decides which States and organisations might provide useful information and gives them an opportunity of presenting statements.

In principle the Court's advisory opinions are consultative in character and are therefor not binding.

Since 1946 the Court has given 24 advisory opinions.