The United Nations and International Relations – Peu Ghosh

INTRODUCTION

• The First World War shocked the world and led to global efforts to prevent future wars and promote international peace and security.

• The League of Nations was the first international attempt to achieve world peace, but adverse political conditions and power politics during the inter-war period weakened it, and it effectively collapsed with the outbreak of the Second World War.

• Despite the League’s failure, the ideal of peace endured, and renewed concern during the Second World War resulted in the creation of the United Nations as the guardian of global peace and security.

BIRTH OF THE UN

• The failure of the League of Nations to prevent the Second World War led to renewed global efforts to create an organization to save future generations from war, with the United States under President Franklin D. Roosevelt strongly supporting a global peacekeeping body and coining the name “United Nations.”

• The process began with the Inter-Allied Declaration (12 June 1941) pledging cooperation in war and peace, and the signing of the Atlantic Charter (14 August 1941) by Franklin D. Roosevelt and Winston Churchill aboard HMS Prince of Wales, marking the historic beginning of the UN idea.

• The Declaration by United Nations (1 January 1942) was signed in Washington DC by 26 Allied nations, representing the first official use of the term United Nations.

• The movement advanced through the Moscow Declaration (30 October 1943), calling for a general international organization based on sovereign equality, and the Tehran Declaration (1 December 1943), which outlined plans for a peacekeeping organization.

• The blueprint was prepared at the Dumbarton Oaks Conference (21 September – 7 October 1944), and at the Yalta Conference (11 February 1945), Roosevelt, Churchill and Stalin reaffirmed the resolve to establish the organization.

• The San Francisco Conference (25 April – 26 June 1945), attended by 280 delegates from 50 nations, finalized and signed the UN Charter on 26 June 1945, which came into force on 24 October 1945 after ratification by the P-5 and a majority of signatories, now celebrated as United Nations Day.

• The First General Assembly met in Westminster, London on 10 January 1946 with representatives of 51 nations, the Security Council met first on 17 January 1946, and Trygve Lie of Norway became the first Secretary-General on 1 February 1946.

Purposes and Principles of the UN

• The Preamble of the UN Charter outlines the purposes and objectives of the United Nations and reflects a vision of a world based on peace, justice, truth and fraternity, beginning with the words “We the peoples of the United Nations”, expressing determination to save future generations from war, reaffirm faith in fundamental human rights, dignity and worth of the human person, equal rights of men and women, and equality of nations large and small, while establishing respect for treaties, international law, social progress and better standards of life in larger freedom.

• The Preamble bears testimony to the devastating experiences of the First World War and Second World War and conveys the collective urge of founding members to prevent future wars, establish lasting peace, respect human rights, recognize sovereign equality of states, and ensure better economic and social living conditions for people worldwide.

• The Preamble also contains pledges to practise tolerance and live in peace as good neighbours, unite strength to maintain international peace and security, ensure armed force is not used except in the common interest, and employ international machinery for economic and social advancement of all peoples.

• Despite its lofty ideals, the Preamble is criticized for the phrase “We the peoples”, as scholars argue that the UN was created by governments, not peoples, and that governments, not populations, were represented at the San Francisco Conference, though there was still a genuine global desire to establish an organization for world peace and security.

• The purposes of the UN are formally laid down in Article 1 of the Charter, which commits the organization to maintaining international peace and security through collective measures, preventing and removing threats to peace, suppressing acts of aggression, and settling disputes peacefully in accordance with justice and international law.

• Article 1 further aims to develop friendly relations among nations based on equal rights and self-determination of peoples, achieve international cooperation in economic, social, cultural and humanitarian fields, promote human rights and fundamental freedoms without discrimination, and serve as a centre for harmonizing actions of nations toward common goals.

• The effectiveness of Article 1(1) is weakened by Article 2(7), which prohibits UN intervention in matters within the domestic jurisdiction of states, thereby limiting its ability to address internal conflicts that may evolve into international threats to peace.

• Article 2 of the Charter prescribes principles to realize UN purposes, including sovereign equality of all members, good faith fulfillment of Charter obligations, peaceful settlement of disputes, prohibition on threat or use of force, obligation to assist the UN in its actions, ensuring non-member states follow these principles when necessary for peace, and non-intervention in domestic matters except under Chapter VII enforcement measures.

• Although all member states have equal representation in the General Assembly, the Security Council structure contradicts sovereign equality due to the dominance of the Permanent Five (P-5) and their veto power, creating disparity among members, as noted by Nicholas, who argues that the veto protects great powers at the expense of equality.

• The Charter amendment procedure further strengthens the dominance of the P-5, while the limitations imposed by Article 2(7) restrict UN intervention, though the General Assembly resolved that issues cease to be purely domestic if they endanger international peace and involve international obligations.

• Due to these factors, the functioning of the UN suffers from structural problems that make achieving its stated purposes and principles difficult.

• Article 55 of the Charter emphasizes the socio-economic dimension of peace, stating that stable and friendly international relations require promotion of higher standards of living, full employment, economic and social development, solutions to international economic, social and health problems, cultural and educational cooperation, and universal respect for human rights and fundamental freedoms without discrimination.

• Overall, while the UN Charter contains noble and lofty provisions, their realization is largely constrained by the oligarchic and hegemonic structure of the UN, especially the composition and dominance of the Security Council and the P-5.

Membership

• Chapter II (Articles 3–6) of the UN Charter lays down the rules regarding the acquisition, suspension and revocation of membership of the United Nations.

• Article 3 declares that the original members of the UN are those states which either participated in the United Nations Conference on International Organization at San Francisco or had previously signed the Declaration by United Nations on 1 January 1942, and which thereafter signed the UN Charter and ratified it in accordance with their constitutional processes.

• Article 4 provides that UN membership is open to all other peace-loving states that accept the obligations of the Charter and are, in the judgment of the Organization, able and willing to carry out these obligations, and that admission is made by the General Assembly upon the recommendation of the Security Council.

• Article 5 authorizes the suspension of the exercise of rights and privileges of membership of any member against whom preventive or enforcement action has been taken by the Security Council, such suspension being effected by the General Assembly on the recommendation of the Security Council, and restoration of these rights being decided by the Security Council.

• Article 6 states that any member persistently violating the principles of the Charter may be expelled from the United Nations by the General Assembly upon the recommendation of the Security Council.

• At present, the United Nations has 192 member states.

Organs of the United Nations

Article 7(1) outlines the principal organs of the United Nations.

They are the:

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

Article 7(2) contains such subsidiary organs, as may be found necessary, may be established in accordance with the present Charter.

THE GENERAL ASSEMBLY

• Chapter IV of the UN Charter contains provisions relating to the composition, powers and functions of the General Assembly, which was established in 1945 under the Charter of the United Nations.

• The General Assembly occupies a central position as the chief deliberative, policy-making and representative organ of the United Nations.

• It is composed of all 192 member states of the United Nations and serves as a forum for multilateral discussion on the entire range of international issues covered by the Charter.

• The Assembly also plays an important role in the standard-setting process and in the codification of international law.

• The General Assembly meets in regular sessions from September to December each year, and subsequently meets as required.

Composition

• Article 9 provides that the General Assembly shall consist of all members of the United Nations, and that each member state, whether big or small, shall have not more than five representatives in the Assembly.

• The limit of five seats per state was decided at the San Francisco Conference, replacing the earlier limit of three representatives that existed in the League Assembly.

Sessions

• The General Assembly holds annual regular sessions, usually beginning on the third Tuesday of September each year, and these sessions generally continue for nearly three months.

• At each session, the Assembly elects one President, 21 Vice-Presidents, and Chairmen of Committees, with the Vice-Presidents distributed as follows: 6 from African States, 5 from Asian States, 1 from Eastern European States, 3 from Latin American States, 2 from Western European or other States, and 5 from the P-5 of the Security Council, subject to the condition that the election of the President reduces the number of Vice-Presidents by one.

• The first session of the General Assembly was held in the Central Hall of Westminster on 10 January 1946, which was the twenty-sixth birthday of the League of Nations.

• The agenda of the General Assembly mainly covers issues relating to International Peace and Security, Economic Growth and Sustainable Development, Development of Africa, Human Rights, Humanitarian and Disaster Relief Assistance, Justice and International Law, Disarmament, Drugs, Crime, International Terrorism, and Organizational and Administrative Matters.

• Apart from regular sessions, the Assembly may hold special sessions, which under Chapter IV, Article 20, are convened by the Secretary-General at the request of the Security Council or a majority of the UN Members.

• Any member state may also request the Secretary-General to call a special session, after which the Secretary-General informs all members and, if within thirty days a majority concurs, a special session is summoned.

• Several special sessions have been held, including the First (1947) and Second (1948) on Palestine, the Third (1961) on Tunisia, the 2005 Session on the sixtieth anniversary of the liberation of Nazi concentration camps, the 2002 Session on the World Summit for Children, the 2001 Session on HIV/AIDS, and the 2001 Session on the Habitat II Conference outcome.

• The General Assembly may also convene emergency special sessions, and under Resolution 377A(V) – “Uniting for Peace”, adopted on 3 November 1950, such a session can be called within 24 hours.

• Emergency special sessions have been held on illegal Israeli actions in Occupied East Jerusalem and the Occupied Palestinian Territory, the question of Namibia, the situation in Afghanistan and its implications for international peace and security (1980), the question of Congo, and other similar issues.

Subsidiary Organs of the General Assembly

• For the effective functioning of the General Assembly, agenda items are distributed among six main committees, which discuss the issues, attempt to harmonize the approaches of states, and submit draft resolutions and decisions to the plenary meeting of the Assembly.

• The First Committee (Disarmament and International Security Committee) deals with disarmament and related international security matters.

• The Second Committee (Economic and Financial Committee) addresses economic questions.

• The Third Committee (Social, Humanitarian and Cultural Committee) handles social and humanitarian issues.

• The Fourth Committee (Special Political and Decolonization Committee) considers various political subjects not covered by the First Committee and matters relating to decolonization.

• The Fifth Committee (Administrative and Budgetary Committee) is responsible for the administration and budget of the United Nations.

• The Sixth Committee (Legal Committee) deals with international legal matters.

• Other important bodies include the Credentials Committee and the General Committee, the latter being composed of the President, 21 Vice-Presidents, and the Chairmen of the six main committees, and it advises the Assembly on the agenda, allocation of items, and organization of work.

• The General Assembly also functions through informal regional groupings, namely the African States, Asian States, Eastern European States, Latin American and Caribbean States, and Western European and Other States, which facilitate procedural work.

• Under Article 22, the General Assembly is empowered to establish subsidiary organs as it considers necessary for the performance of its functions.

Commissions

• The General Assembly has established several important Commissions, including the Disarmament Commission, the International Civil Service Commission, the International Law Commission, the United Nations Commission on International Trade Law (UNCITRAL), the United Nations Conciliation Commission for Palestine, and the United Nations Peacebuilding Commission, the latter being created by GA Resolution 60/180 and Security Council Resolutions 1645 (2005) and 1646 (2005).

Advisory Commission:

• There also exists an Advisory Commission on the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), which was established by GA Resolution 302 (IV), 1949.

Working Groups:

• The Working Groups of the General Assembly include the High-level open-ended Working Group on the Financial Situation of the United Nations, established by GA Resolution 49/143 (1994), the Working Group on the Future Operations of the International Research and Training Institute for the Advancement of Women, established by GA Resolution 56/125 (2001), and the Working Group on the Finance of the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), established by GA Resolution 2656 (XXV) (1970).

Open-Ended ad hoc Working Groups:

• The General Assembly has also constituted an open-ended ad hoc Working Group on the Integrated and Coordinated Implementation and follow-up of major United Nations Conferences and Summits in the Economic and Social Fields, which was established by GA Resolution 57/270 (2002).

• The Councils established by the General Assembly include the Human Rights Council, created by GA Resolution 60/251, and the Council of the United Nations University, established by GA Resolution 3081 (XXVIII), 1973.

• The Governing Councils of the General Assembly comprise the Governing Council of the United Nations Environment Programme (UNEP), established by GA Resolution 2997 (XXVII), and the Governing Council of the United Nations Human Settlements Programme (UN-Habitat), established by GA Resolution 56/206, 2001.

• There also exists a Panel of External Auditors for the United Nations, Specialized Agencies and the International Atomic Energy Agency, which was established by GA Resolutions 347 (IV) and 1438 (XIV).

Functions and Powers

Deliberative Functions:

• The General Assembly, comprising all UN members, is the central organ of the United Nations, but the primary responsibility for maintaining international peace and security rests with the Security Council, and the Assembly’s role in this sphere is mainly advisory.

• The San Francisco Conference fixed clear limits on the Assembly’s authority in matters of peace and security.

• Under Article 10, the General Assembly may discuss any questions or matters within the scope of the Charter or relating to the powers and functions of UN organs and, except as provided in Article 12, may make recommendations to the Member States, the Security Council, or to both.

• According to Article 12, while the Security Council is exercising its functions regarding any dispute or situation, the General Assembly shall not make recommendations on that matter unless the Security Council so requests.

• The Secretary-General, with the consent of the Security Council, may inform the General Assembly at each session of matters concerning international peace and security under the Council’s consideration, and must also notify the Assembly, or the UN Members if the Assembly is not in session, immediately when the Security Council ceases to deal with such matters.

Functions Relating to Maintenance of International Peace and Security:

• Under Article 11, the General Assembly may consider the general principles of cooperation in maintaining international peace and security, including principles of disarmament and regulation of armaments, and may make recommendations to Member States, the Security Council, or both, these being known as the Assembly’s teaching functions.

• Exercising this authority, the Assembly adopted resolutions such as “Essentials of Peace” (1949) and the “Declaration Concerning the Peaceful Coexistence of States”, and established the Atomic Energy Commission (1946), the Disarmament Commission (1952), and the Scientific Committee on the Effects of Atomic Radiation (1955).

• The General Assembly may also discuss any question concerning international peace and security brought before it by a UN Member, the Security Council, or a non-member State under Article 35(2), and, subject to Article 12, may make recommendations to the states concerned, the Security Council, or both.

• Any question requiring action must be referred to the Security Council by the General Assembly, either before or after discussion, and the Assembly may also draw the attention of the Security Council to situations likely to endanger peace and security.

• Under Article 14, subject to Article 12, the General Assembly may recommend peaceful measures for adjusting any situation, regardless of origin, that may impair general welfare or friendly relations, including those arising from violations of the Charter.

• During the Korean crisis of the 1950s, the importance of the General Assembly increased due to Cold War rivalry, repeated use of the veto, and the absence of the Soviet Union, which led to a deadlock in the Security Council.

• Consequently, the historic “Uniting for Peace Resolution (UPR), 1950” was adopted, empowering the General Assembly to act when the Security Council fails to maintain peace due to lack of unanimity among permanent members.

• The UPR resolved that if the Security Council fails in cases of threats to peace, breaches of peace, or acts of aggression, the General Assembly shall immediately consider the matter and make recommendations for collective measures, including the use of armed force when necessary.

• If not in session, the General Assembly may meet in an emergency special session within 24 hours, called at the request of the Security Council by any seven members or by a majority of UN Members.

• Acting under the UPR, the General Assembly intervened in crises such as Korea, Suez, Hungary, Jordan and Lebanon, reaching its zenith in the 1950s, after which, from the 1960s onward, the Security Council again assumed primary responsibility.

• Although the General Assembly can make only non-binding recommendations, it has initiated significant political, economic, humanitarian, social and legal actions affecting millions worldwide.

• Major achievements include the Millennium Declaration (2000) and the World Summit Outcome Document (2005), reflecting commitments to peace, security, disarmament, development, poverty eradication, human rights, rule of law, environmental protection, Africa’s needs, and strengthening the United Nations.

Functions Relating to Codification of International Law:

• The function of codification of international law by the General Assembly is described as a quasi-legislative function, and, as noted by Nicholas, it is the function “nearest to the law-making activities of a national legislature.”

• Under Article 13 of the Charter, the General Assembly shall initiate studies and make recommendations to promote international cooperation in the political field and encourage the progressive development and codification of international law, as well as in the economic, social, cultural, educational and health fields.

• The Assembly also assists in the realization of human rights and fundamental freedoms for all, without distinction of race, sex, language or religion.

• To perform its quasi-legislative role, the Assembly established the International Law Commission (1948), whose primary task is to conduct studies and prepare draft codes and declarations for submission to the Assembly.

• On the basis of such recommendations, the Assembly affirmed the principles of international law embodied in the Charter of the Nuremberg Trial and the judgements of that trial, and has made several similar affirmations in other cases.

• Even without guidance from the Law Commission, the General Assembly may prepare and adopt conventions and declarations that lay down codes of conduct for states.

• The Assembly has adopted major human rights instruments, including the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights (1966) (ICCPR), the International Covenant on Economic, Social and Cultural Rights (ICESR), the Convention on the Elimination of All Forms of Racial Discrimination (1965), and the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984) (CAT), among others.

Supervisory Functions:

• Under Article 15, the General Assembly performs supervisory functions by receiving and considering annual and special reports of the Security Council, which must include details of the measures taken or decided upon to maintain international peace and security.

• The General Assembly also receives and examines reports from other UN organs, and under Article 85, the Economic and Social Council and the Trusteeship Council are placed under the direct supervision of the General Assembly, while specialized agencies are required to submit their annual reports to it.

• According to Article 16, the General Assembly is entrusted with functions relating to the international trusteeship system under Chapters XII and XIII, including the approval of trusteeship agreements for non-strategic areas.

Budgetary Functions:

• The budgetary functions constitute a vital financial role of the General Assembly, and under Article 17, it considers and approves the UN budget, with expenses borne by member states as apportioned by the Assembly.

• The General Assembly also considers and approves financial and budgetary arrangements with specialized agencies under Article 57, and examines their administrative budgets to make recommendations to the agencies concerned.

Amendment of the Charter:

• Under Article 108, relating to amendments of the UN Charter, the General Assembly plays a crucial role, as amendments come into force only when adopted by a two-thirds majority of the General Assembly, and ratified, in accordance with constitutional procedures, by two-thirds of UN Members, including all Permanent Members of the Security Council.

Elective Functions:

• The General Assembly elects the Secretary-General, the Judges of the International Court of Justice, and admits new members on the recommendation of the Security Council, and also exercises exclusive powers to elect the non-permanent members of the Security Council, the members of the Economic and Social Council, and several members of the Trusteeship Council.

Voting in General Assembly

• Article 18 lays down the voting procedure in the General Assembly, beginning with the rule that each member state has one vote.

• Under Article 18, important questions require a two-thirds majority of members present and voting, and these include recommendations on international peace and security, election of non-permanent Security Council members, election of Economic and Social Council members, election of Trusteeship Council members under Article 86(1)(c), admission of new members, suspension of membership rights, expulsion of members, matters concerning the trusteeship system, and budgetary questions.

• Other questions, including the decision to classify additional matters as requiring a two-thirds majority, are decided by a simple majority of members present and voting.

• Article 19 provides that any Member in arrears of financial contributions to the UN loses its voting right in the General Assembly if the arrears are equal to or exceed the contributions due for the preceding two full years, though the Assembly may allow voting if the failure to pay is due to conditions beyond the Member’s control.

• In recent practice, the Assembly increasingly seeks consensus, and the President, after consultation with delegations, may propose the adoption of resolutions without a formal vote.

Evaluation

• The General Assembly is the most important and largest organ of the United Nations, comprising all member states, and is often described as the “town meeting of the world.”

• Because of the limited membership of the Security Council, the General Assembly serves as the main platform of developing nations and a forum for collective bargaining.

• The power and influence of the Assembly reached their zenith with the adoption of the Uniting for Peace Resolution, through which it addressed several peacekeeping challenges.

• From the 1960s onwards, as the Security Council resumed primary responsibility for peace and security, the role of the General Assembly in these matters declined.

• Despite this, the Assembly has not become ineffective and continues to function as the world’s Parliament and a major forum for deliberation and discussion.

• The supervisory functions of the Assembly continue, and its central objective remains the promotion of peaceful cooperation among nations for a peaceful and secure world.

• The General Assembly is also the key forum for generating ideas and debates on UN reform and for the review of the Organization’s work to enhance its effectiveness.