THE CHARTER OF THE UNITED NATIONS Unit 26 Preview History Origins of the UN Charter of the UN Purposes of the UN Principles of the UN Structure of the UN First International Organizations 1865 The International Telecommunication Union 1874 International Telegraph Union; Universal Postal Union First International Peace Conference 1899 1st International Peace Conference (The Hague): 1) the Convention for the Pacific Settlement of International Disputes and 2) the Permanent Court of Arbitration (1902) The League of Nations Established in 1919 under the Treaty of Versailles “to promote international cooperation and to achieve peace and security” 1919 The International Labour Organisation created as an affiliated agency of the League The League of Nations ceased its activities after failing to prevent the Second World War Dissolved in 1946; transferral of functions and property to the UN United Nations: Name The term UN was coined by Franklin D. Roosevelt; first used in the “Declaration by United Nations” of 1 Jan. 1942 when representatives of 26 nations pledged their governments to continue fighting together against the Axis Powers Origins of the UN Charter 1941 1942 1943 1944 1944 The Atlantic Charter Declaration by United Nations The Moscow Conference Dumbarton Oaks Proposals Yalta conference 1941 The Atlantic Charter The Atlantic Charter (14 Aug.1941) Principles laid down by President Rosevelt and Prime Minister Churchill The Charter did not contemplate the establishment of an organization of States to replace the League The need of creating a collective security system and establishing strong economic and social cooperation between the States Goals of the Atlantic Charter -No territorial gains, neither by the U.S. nor by Britain. – Any territorial adjustments that were made, would have to be in accord with the wishes of the people involve – All people would have a right to self-determination. – The trade barriers would be lowered after the war’s conclusion. – Global economic cooperation and an advancement on social welfare, were to be made. – Participants would work to create a world that was free of want and free of fear. – Freedom of the seas -another goal that the participants would work together to attain; and, – Disarmament of aggressor nations was a central goal. Declaration by United Nations (1942) Roosevelt, Churchill, Litvinov (USSR),T. V. Soong (China) signed a short document which later came to be known as the United Nations Declaration representatives of 22 other nations added their signatures. Declaration by United Nations (1942) The original 26 signatories: US, UK, USSR, China, Australia, Belgium, Canada, Costa Rica, Cuba, Czechoslovakia, Dominican Republic, El Salvador, Greece, Guatemala, Haiti, Honduras, India, Luxembourg, Netherlands, New Zealand, Nicaragua, Norway, Panama, Poland, Union of South Africa, Yugoslavia Declaration by United Nations (1942) the basis of the modern UN. The term United Nations became synonymous with the Allies and was considered to be the formal name that they were fighting under. The declaration affirmed "that complete victory over their enemies is essential to defend life, liberty, independence and religious freedom, and to preserve human rights and justice in their own lands as well as in other lands, and that they are now engaged in a common struggle against savage and brutal forces seeking to subjugate the world". The principle of "complete victory" established an early precedent for the Allied policy of obtaining the Axis' powers' "unconditional surrender". The defeat of "Hitlerism" constituted the overarching objective, The declaration, furthermore, "upheld the principles of self determination," Declaration by United Nations (1942) The Moscow Conference (1943) The Declaration of the Four Nations (U.S., Soviet Union, UK, China) recognized: “the necessity of establishing ...a general international organization, based on the principle of the sovereign equality of all peace-loving States and open to membership by all such States, large and small, for the maintenance of international peace and security” Dumbarton Oaks Proposals (Washington Conversations on International Peace and Security Organization (Oct. 7, 1944) Representatives of the same 4 Governments met to lay down the foundations of the future world organization Purposes of the Organization: to maintain international peace and security, develop friendly relations among nations, promote cooperation in economic and social matters Basic organs: the Assembly, the Council, the Secretariat, headed by the Secretary General, and the Court of Justice Dumbarton Oaks Proposals (October 7, 1944) Another important feature:member states were to place armed forces at the disposal of the Security Council in its task of preventing war and suppressing acts of aggression. The absence of such force -a fatal weakness in the League of Nations machinery for preserving peace. Dumbarton Oaks Yalta conference (11 Feb. 1945) Churchill, Roosevelt and Stalin Yalta conference(11 Feb. 1945) “We are resolved upon the earliest possible establishment with our Allies of a general international organization to maintain peace and security… Yalta conference(11 Feb. 1945) “We have agreed that a Conference of United Nations should be called to meet at San Francisco in the United States on the 25th April, 1945, to prepare the charter of such an organization, along the lines proposed in the formal conversations of Dumbarton Oaks.” The San Francisco Conference (April 25 – June 26, 1945) Representatives of 50 states met to draw up the UN Charter based on Dumbarton Oaks proposals by the Great Powers (China, the Soviet Union, the UK, the US) The Charter – unanimously approved and signed by all the participating States, original members of the UN The San Francisco Conference (April 25 – June 26, 1945) United Nations Charter "The Charter of the United Nations which you have just signed is a solid structure upon which we can build a better world. History will honor you for it. Between the victory in Europe and the final victory, in this most destructive of all wars, you have won a victory against war itself. . . . With this Charter the world can begin to look forward to the time when all worthy human beings may be permitted to live decently as free people." (President Truman) United Nations Charter "If we fail to use it,we shall betray all those who have died so that we might meet here in freedom and safety to create it. If we seek to use it selfishly - for the advantage of any one nation or any small group of nations — we shall be equally guilty of that betrayal. " United Nations Charter (www.un.org/aboutun/charter) Constituting instrument of the Organization Rights and obligations of member states UN organs and procedures Preamble WE THE PEOPLES OF THE UNITED NATIONS DETERMINED to save succeeding generations from the scourge of war, which twice in our lifetime has brought untold sorrow to mankind, and to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small, and to establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained, and to promote social progress and better standards of life in larger freedom, Preamble AND FOR THESE ENDS to practice tolerance and live together in peace with one another as good neighbours, and to unite our strength to maintain international peace and security, and to ensure, by the acceptance of principles and the institution of methods, that armed force shall not be used, save in the common interest, and to employ international machinery for the promotion of the economic and social advancement of all peoples, Preamble “HAVE RESOLVED TO COMBINE OUR EFFORTS TO ACCOMPLISH THESE AIMS. Accordingly, our respective Governments, through representatives assembled in the city of San Francisco, who have exhibited their full powers found to be in good and due form, have agreed to the present Charter of the United Nations and do hereby establish an international organization to be known as the United Nations.” Purposes of the UN To maintain international peace and security To develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples To help nations work together to improve the lives of poor people, to conquer hunger, disease and illiteracy, and to encourage respect for human rights and fundamental freedoms; To be a centre for harmonizing the actions of nations in attaining these common ends UN Principles It is based on the sovereign equality of all members All members are to fulfil in good faith their Charter obligations They are to settle their international disputes by peaceful means and without endangering international peace, security and justice UN Principles Members are to refrain from the threat or use of force against any other state They are to give the UN every assistance in any action it takes in accordance with the Charter Nothing in the Charter is to authorize the UN to intervene in matters which are essentially within the domestic jurisdiction of any state Membership Open to all peace-loving nations which accept the obligations of the Charter The General Assembly admits new member states on the recommendation of the Security Council The Charter provides for the suspension or expulsion of a member for violation of the principles of the Charter (no such action has ever been taken) Official languages Arabic Chinese English French Russian Spanish Structure of the Organization The The The The The The General Assembly Security Council Economic and Social Council Trusteeship Council International Court of Justice Secretariat General Assembly (www.un.org/ga) Representatives of all member states (193), each of which has one vote Decisions on important issues, e.g. peace and security, admission of new members, budgetary matters require a two thirds majority Security Council Maintenance of international peace of security 15 members: 5 permanent (China, France, the Russian Federation, the UK, the US); 10 members elected by the General Assembly for two-year terms Security Council Decisions on procedural and substantive matters require 9 votes Permanent members: power of veto All members of the UN have are obliged to accept the decisions of the Security Council Economic and Social Council (www.un.org/esa/coordination/ecosoc) Coordinates the economic, social and related work of the UN and the specialized agencies and institutions 54 members, who serve for threeyear terms International Court of Justice (www.icj-cij.org) The principal judicial organ of the UN Settles legal disputes between states Gives advisory opinions to the UN Open to all member states; not open to private persons and entities or international organizations Jurisdiction of the ICJ Decides disputes by applying: International conventions establishing rules recognized by the contesting states; International custom as evidence of a general practice accepted as law; The general principles of law recognized by nations Judicial decisions and the teachings of the most qualified scholars of the various nations Membership of ICJ 15 judges elected by the General Assembly and the Security Council, voting independently Chosen on the basis of their qualifications; care is taken that principal legal systems of the world are represented Membership of ICJ No two judges can be from the same country Serve 9-year term and may be reelected They cannot engage in any other occupation during their term of office Secretariat (www.un.org/documents/st) Secretary General – appointed by the General Assembly on the recommendation of the Security Council for a five-year, renewable term Administering peacekeeping operations, mediating international disputes, surveying economic and social trends, preparing studies on human rights and sustainable development Secretariat Informs the world’s media about the work of the UN, organizes international conferences, translates documents into the official languages Staff of 7,500 drawn from 170 countries Headquarters: New York; main centres of activities: Geneva (disarmament, human rights), Vienna (crime prevention, international trade law, peaceful uses of outer space), Nairobi (environment, human settlements) Secretary-General (www.un.org/News/ossg/sg) Symbol of UN ideals and a spokesman for the interests of the world’s peoples Chief administrative officer of the UN Brings to the attention of the Security Council any matter which may threaten the maintenance of international peace and security Secretary General Consultations with world leaders, government officials, representatives of civil society groups, the private sector and others Annual report on the work of the Organization The UN family of organizations UN secretariat UN funds and programmes (e.g. UNICEF) Specialized agencies (e.g. UNESCO, WHO) Related organizations (e.g. WTO, World Bank, International Monetary Fund) International tribunals International Criminal Tribunal for the Former Yugoslavia (ICTY) International Criminal Tribunal for Rwanda (ICTR) International Criminal Tribunal for the Former Yugoslavia (ICTY) (www.un.org/icty) Created by the Security Council in 1994 Mandate to prosecute persons responsible for serious violations of international humanitarian law committed since 1991 16 permanent judges, 27 ad litem judges, staff of 1,238 from 84 countries Fill in the missing words: Observance, rule, development, recognition, conscience, foundation, realization, freedom, standards, promotion Observance, rule, development, recognition, conscience, foundation, realization, freedom, standards, promotion Whereas _____of the inherent dignity and of the equal and inalienable rights of all members of the human family is the _____ of freedom, justice and peace in the world, Observance, rule, development, recognition, conscience, foundation, realization, freedom, standards, promotion Whereas disregard and contempt of human rights have resulted in barbarous acts which have outraged the ___ of mankind, and the advent of a world in which human beings shall enjoy ___ of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people, Observance, rule, development, recognition, conscience, foundation, realization, freedom, standards, promotion Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the __ of law, Whereas it is essential to promote the ____ of friendly relations between nations, Observance, rule, development, recognition, conscience, foundation, realization, freedom, standards, promotion Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better ___of life in larger freedom, Observance, rule, development, recognition, conscience, foundation, realization, freedom, standards, promotion Whereas Member States have pledged themselves to achieve, in co-operation with the United Nations, the ___ of universal respect for and ___ of human rights and fundamental freedoms, Whereas a common understanding of these rights and freedoms is of the greatest importance for the full ___ of this pledge, Universal Declaration of Human Rights: Preamble Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world, Preamble Whereas disregard and contempt of human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people, Preamble Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law, Whereas it is essential to promote the development of friendly relations between nations, Preamble Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom, Preamble Whereas Member States have pledged themselves to achieve, in co-operation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms, Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge, Preamble Now, therefore, The General Assembly Proclaims this Universal Declaration of Human Rights as a common standard of achievement for all peoples and all nations….. The International Court of Justice ICJ is the principal judicial body of the UN. Its seat is in The Hague. It began work in 1946, when it replaced the Permanent Court of International Justice which had functioned in The Hague since 1922. The International Court of Justice Below is some information about the court and its activities. Match the information to the following headings. You will need to use some headings more than once: Exercise Functions of the Court Composition The Parties in Cases between States Jurisdiction in Cases between States Procedure in Cases between Sttes Sources of Applicable law Advisory Opinions Exercise ICJ One of the roles of the Court is to settle in accordance with international law the legal disputes submitted by States The advisory procedure of the Court is open solely to international organizations Headings Exercise ICJ 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 jurists Headings Exercise ICJ The Members of the Court do not represent their governments but are independent magistrates The court is competent to entertain a dispute only if the States concerned have accepted its jurisdiction Headings Exercise ICJ The other role is to give advisory opinions on legal questions referred to it by duly authorized international organs and agencies Only States may apply to and appear before the Court Headings Exercise ECJ The Court is composed of 15 judges elected to nine-year terms of office by the UN General Assembly and Security Concil After the oral proceedings, the Court deliberates in camera and then delivers its judgement at a public sitting Headings Exercise ECJ If one of the States involved fails to comply with it, the other party may have recourse to the Security Council of the UN Headings At which of the following conferences was the United Nations Charter adopted? Quiz a) The Yalta Conference b) The San Francisco Conference c) The Dumbarton Oaks Conference http://www.unmultimedia.org/avl ibrary/asset/1288/1288630/