INTERNATIONAL

ORGANIZATION
UN Day – 24 October

DR. RAJU KD

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INTERNATIONAL
ORGANIZATIONS

 An international organization is an organization with an

international membership, scope, or presence.
 1. International nongovernmental organizations (INGOs)
 Non-profit organizations – Scout Movement, Red Cross
 2. Intergovernmental organizations – UN, WTO, EU
 international organizations – inter governmental Organizations

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EARLY DEVELOPMENTS

 Treaty of Westphalia – 1648

 States voluntary making treaties
 19th Century – rapid development of international society.
 The International Telecommunication Union (ITU) and Universal Postal Union (UPU)
were founded in the 1860s.
 The Hague Conference - 1899
 UN
 UN specialised agencies
 Regional Organizations such as EU.
 Intergovernmental organizations

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FUNCTIONS

 Mostly promotional in nature and in some cases operational in nature.

 Each institution having its own limited field of activity.
 Their constitutions and rules explains the objectives, purposes and powers.
 Recommendatory in nature
 Each organization should possesses the totality of international rights and
duties recognised by international law, the rights and duties of an entity
such as the organization must depend upon its purposes and functions as
specified or implied in its constituent documents and developed practice.
ICJ 1949, 180.

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CHARACTERISTICS

 International personality separate from its Members

 Financed by the Members
 Permanent secretariats
 1919 – Versailles Peace Conference
 The League of Nations was an international organization founded as
a result of the Treaty of Versailles in 1919–1920.
 At its greatest extent from 28 September 1934 to the 23 February
1935, it had 58 members.

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LEAGUE OF NATIONS

 avoid a repeat of a devastating war, the League of Nations objective was to maintain
universal peace within the framework of the fundamental principles of the Pact
accepted by its Members : « to develop cooperation among nations and to guarantee
them peace and security.
 In spite of these early successes, the League of Nations did not manage to prevent
neither the invasion of Mandchuria by Japan, nor the annexation of Ethiopia by Italy in
1936, nor that of Austria by Hitler in 1938.
 The powerlessness of the League of Nations to prevent further world conflict, the
alienation of part of its Member States and the generation of the war itself, added to
its demise from 1940.

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UN

 The onset of the Second World War suggested that the League had
failed in its primary purpose, which was to avoid any future world
war.
 The United Nations replaced it after the end of the war and
inherited a number of agencies and organizations founded by the
League1919-1946

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UN

 The United Nations (UN) is an international organization whose

stated aims are to facilitate cooperation in international law,
international security, economic development, social progress,
human rights, and achieving world peace.
 The UN was founded in 1945 after World War II to replace the
League of Nations, to stop wars between countries and to provide a
platform for dialogue.

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PERSONALITY

 The primary test is functional.

 Reparation case – injury to UN Employees and consequent
claims – no explicit provision dealing with personality – ICJ draw
personality from the whole Charter.
 Criteria: a permanent association of states with lawful objects
equipped with organs;
 Distinction of legal personalities between organization and its
members.
 Existence of legal powers in the international plane.

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UN MEMBERS

Presently 192 Members

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UN

 Present Secretary General – Banki-moon

 The organization is divided into administrative bodies, primarily:
 The General Assembly (the main deliberative assembly);
 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);
 The International Court of Justice (the primary judicial organ).

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UN CHARTER
 9 - INTERNATIONAL ECONOMIC AND
 The charter SOCIAL CO-OPERATION.

 1 - PURPOSES AND PRINCIPLES  10 - THE ECONOMIC AND SOCIAL

COUNCIL
 2 – MEMBERSHIP
 11 - NON-SELF-GOVERNING
 3 – ORGANS TERRITORIES
 4 - THE GENERAL ASSEMBLY
 12 - INTERNATIONAL TRUSTEESHIP
 5 - THE SECURITY COUNCIL SYSTEM

 6 - PACIFIC SETTLEMENT OF DISPUTES  13 - THE TRUSTEESHIP COUNCIL

 7 – Enforcement  14 - ICJ
 8 – Regional Arrangements
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PURPOSES

 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 co-operate in solving international economic, social, cultural and
humanitarian problems and in promoting respect for human rights
and fundamental freedoms.
 To be a centre for harmonizing the actions of nations in attaining
these common ends.

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PRINCIPLES

 It is based on the sovereign equality of all its Members

 All members are to fulfill in good faith their Charter obligations
 They are to settle their international disputes by peaceful means and
without endangering international peace and security and justice.
 they 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;

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PRINCIPLES

 States shall not assist States against which the UN is taking

preventive or enforcement action;
 Nothing in the Charter is to authorize the UN to intervene in matters
which are essentially within the domestic jurisdiction of any state.

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MEMBERSHIP

 A.2
 Membership in the United Nations is open to all other peace-
loving states which accept the obligations contained in the
present Charter and, in the judgment of the Organization, are
able and willing to carry out these obligations.
 The admission of any such state to membership in the United
Nations will be effected by a decision of the General Assembly
upon the recommendation of the Security Council.

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GA

 Composed of all United Nations member states, the assembly meets in

regular yearly sessions under a president elected from among the
member states.
 When the General Assembly votes on important questions, a two-thirds
majority of those present and voting is required.
 The Security Council is charged with maintaining peace and security
among countries. While other organs of the United Nations can only make
'recommendations' to member governments, the Security Council has the
power to make binding decisions that member governments have agreed
to carry out, under the terms of Charter Article 25.

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GA

 Established in 1945 under the Charter of the United Nations, the

General Assembly occupies a central position as the chief
deliberative, policymaking and representative organ of the United
Nations.
 Comprising all 192 Members of the United Nations, it provides a
unique forum for multilateral discussion of the full spectrum of
international issues covered by the Charter.
 It also plays a significant role in the process of standard-setting
and the codification of international law.

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FUNCTIONS AND
POWERS

 Consider and make recommendations on the general principles of

cooperation for maintaining international peace and security,
including disarmament;
 Discuss any question relating to international peace and security
and, except where a dispute or situation is currently being
discussed by the Security Council, make recommendations on it;
 Discuss, with the same exception, and make recommendations on
any questions within the scope of the Charter or affecting the
powers and functions of any organ of the United Nations;

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FUNCTIONS AND
POWERS

 Initiate studies and make recommendations to promote international

political cooperation, the development and codification of
international law, the realization of human rights and fundamental
freedoms, and international collaboration in the economic, social,
humanitarian, cultural, educational and health fields;
 Make recommendations for the peaceful settlement of any situation
that might impair friendly relations among nations;
 Receive and consider reports from the Security Council and other
United Nations organs;

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FUNCTIONS AND
POWERS

 Consider and approve the United Nations budget and establish the
financial assessments of Member States;
 Elect the non-permanent members of the Security Council and the
members of other United Nations councils and organs and, on the
recommendation of the Security Council, appoint the Secretary-
General.

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FUNCTIONS AND
POWERS

 Pursuant to its
“Uniting for Peace” resolution of November 1950 (resolution 377 (V
))
[PDF], the Assembly may also take action if the Security Council
fails to act, owing to the negative vote of a permanent member, in a
case where there appears to be a threat to the peace, breach of the
peace or act of aggression.
 The Assembly can consider the matter immediately with a view to
making recommendations to Members for collective measures to
maintain or restore international peace and security (see "
Special sessions and emergency special sessions”).
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FUNCTIONS

 While the Assembly is empowered to make only non-binding

recommendations to States on international issues within its
competence.
 To make recommendations for the peaceful settlement of any
situation, regardless of origin, which might impair friendly relations
among nations;

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SC

 The Council is composed of five permanent members — China, France,

Russian Federation, the United Kingdom and the United States — and
ten non-permanent members (with year of term's end):
 Belgium (2008) Indonesia (2008) South Africa (2008) Burkina Faso
(2009) Italy (2008) Viet Nam (2009) Costa Rica (2009)
Libyan Arab Jamahiriya (2009) Croatia (2009) Panama (2008)
 The General Assembly elected Austria, Japan, Mexico, Turkey and
Uganda to serve as non-permanent members of the Security Council for
two-year terms starting on 1 January 2009. The newly elected countries
will replace Belgium, Indonesia, Italy, Panama and South Africa.

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SC

 The Security Council has primary responsibility, under the Charter

for the maintenance of international peace and security.
 When a complaint concerning a threat to peace is brought before
it, the Council's first action is usually to recommend to the parties
to try to reach agreement by peaceful means.
 On many occasions, the Council has issued cease-fire directives
which have been instrumental in preventing wider hostilities.
 It also sends United Nations peace-keeping forces to help reduce
tensions in troubled areas.

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SC

 A Member State against which preventive or enforcement action

has been taken by the Security Council may be suspended from the
exercise of the rights and privileges of membership by the General
Assembly on the recommendation of the Security Council.

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FUNCTIONS
 Under the Charter, the functions and powers of the Security Council are:
 to maintain international peace and security in accordance with the
principles and purposes of the United Nations;
 to investigate any dispute or situation which might lead to international
friction;
 to recommend methods of adjusting such disputes or the terms of
settlement;
 to formulate plans for the establishment of a system to regulate armaments;
 to determine the existence of a threat to the peace or act of aggression and
to recommend what action should be taken;

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FUNCTIONS

 to call on Members to apply economic sanctions and other measures

not involving the use of force to prevent or stop aggression;
 to take military action against an aggressor;
 to recommend the admission of new Members;
 to exercise the trusteeship functions of the United Nations in "strategic
areas";
 to recommend to the GeneralAssembly the appointment of the
Secretary-General and, together with the Assembly, to elect the Judges
of the International Court of Justice.

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SECRETARIAT

 The United Nations Secretariat is headed by the

Secretary-General, assisted by a staff of
international civil servants worldwide.

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SECRETARY GENERALS OF
THE UN

No. Name Country of origin Took office Left office Note

1 Trygve Lie  Norway 2 February 1946 10 November 1952 Resigned

2 Dag Hammarskjöld  Sweden 10 April 1953 18 September 1961 Died while in office

First Secretary-
3 U Thant  Burma 30 November 1961 1 January 1972
General from Asia

4 Kurt Waldheim  Austria 1 January 1972 1 January 1982

First Secretary-
5 Javier Pérez de Cuél  Peru 1 January 1982 1 January 1992 General from
lar South America

First Secretary-
6 Boutros Boutros-Gh  Egypt 1 January 1992 1 January 1997 General from Africa
ali

7 Kofi Annan  Ghana 1 January 1997 1 January 2007

8 Ban Ki-moon  South Korea 1 January 2007

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ECOSOC

 Charter established ECOSOC as the principal organ to coordinate the

economic and social work of the UN and the specialized agencies
and institutions.
 54 Members selected among Members
 Functions:
 To serve as the central forum for discussing international economic
and social issues, and for formulating policy recommendations.
 To make studies and reccomendatons.

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ECOSOC

 To promote respect for, and observance of, human rights and

fundamental freedoms.
 To call international conferences ad prepare draft conventions for
submission to the GA.
 To co-ordinate the activities of the specialized agencies
 To consult with non-governmental organizations concerned with
subjects deal with the council.

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TRUSTEESHIP
COUNCIL

 Supervise the trust territories

 5 permanent members
 Redundant after 1994 –
 Last country to become independent is Palau.

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ICJ

 The International Court of Justice (ICJ), located in The Hague,

Netherlands, is the primary judicial organ of the United Nations.
 Established in 1945 by the United Nations Charter, the Court
began work in 1946 as the successor to the
Permanent Court of International Justice.
 The Statute of the International Court of Justice, similar to that of
its predecessor, is the main constitutional document constituting
and regulating the Court

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ICJ

 The ICJ is composed of fifteen judges elected to nine year terms by

the UN General Assembly and the UN Security Council from a list of
persons nominated by the national groups .
 A Judge can be appointed for 9 years and can be re-elected.

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CURRENT
Name Country Position
COMPOSITION
Elected Term End
Dame Rosalyn Higgins United Kingdom President 1995, 2000 2009

Awn Shawkat Al-Khasawn Jordan Vice-President 2000 2009

eh
Raymond Ranjeva Madagascar Member 1991, 2000 2009
Shi Jiuyong China Member 1994, 2003 2012
Abdul G. Koroma Sierra Leone Member 1994, 2003 2012

Gonzalo Parra Aranguren Venezuela Member 1996, 2000 2009

Thomas Buergenthal United States Member 2000, 2006 2015

Hisashi Owada Japan Member 2003 2012
Bruno Simma Germany Member 2003 2012
Peter Tomka Slovakia Member 2003 2012
Ronny Abraham France Member 2005 2009
Sir Kenneth Keith New Zealand Member 2006 2015

Bernardo Sepúlveda Amor Mexico Member 2006 2015

Mohamed Bennouna Morocco Member 2006 2015

Leonid Skotnikov Russia Member 2006 2015

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JURISDICTION

 As stated in Article 93 of the UN Charter, all 192 UN members are

automatically parties to the Court's statute.
 Non-UN members may also become parties to the Court's statute
under the Article 93(2) procedure.
 Disputes
 Advisory opinion

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DISPUTES

 In contentious cases (adversial proceedings seeking to settle a dispute),

the ICJ produces a binding ruling between states that agree to submit to
the ruling of the court.
 The key principle is that the ICJ has jurisdiction only on the basis of
consent.
 Article 36 outlines four bases on which the Court's jurisdiction may be
founded.
 First, 36(1) provides that parties may refer cases to the Court (jurisdiction
founded on "special agreement" or "compromis"). This method is based
on explicit consent rather than true compulsory jurisdiction.

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JURISDICTION

 Second, 36(1) also gives the Court jurisdiction over "matters

specifically provided for ... in treaties and conventions in force". Most
modern treaties will contain a compromissory clause, providing for
dispute resolution by the ICJ.
 during the Iran hostage crisis, Iran refused to participate in a case
brought by the US based on a compromissory clause contained in the
Vienna Convention on Diplomatic Relations, nor did it comply with
the judgment.
 Third, Article 36(2) allows states to make optional clause declarations
accepting the Court's jurisdiction.

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JURISDICTION

 the Court may have jurisdiction on the basis of tacit consent (forum
prorogatum).
 In the absence of clear jurisdiction under Article 36, jurisdiction will
be established if the respondent accepts ICJ jurisdiction explicitly or
simply pleads on the merits.
 The notion arose in the Corfu Channel Case (UK v Albania) (1949) in
which the Court held that a letter from Albania stating that it
submitted to the jurisdiction of the ICJ was sufficient to grant the
court jurisdiction.

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LAW

 International conventions establishing rules expressly recognized

by the contesting states.
 International custom as evidence of a general practice accepted as
law
 The general principle of law recognized by nations and;
 Judicial decisions and the teachings of the most qualified scholars
of the various nations.

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ADVISORY OPINION

 An advisory opinion is a function of the Court open only to specified

United Nations bodies and agencies.
 In principle, the Court's advisory opinions are only consultative in
character, though they are influential and widely respected.
 Whilst certain instruments or regulations can provide in advance that
the advisory opinion shall be specifically binding on particular agencies
or states, they are inherently non-binding under the Statute of the Court.
 An advisory opinion derives its status and authority from the fact that it
is the official pronouncement of the principal judicial organ of the United
Nations.

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ICC

 A related court, the International Criminal Court (ICC), began operating

in 2002 through international discussions initiated by the General
Assembly.
 The International Criminal Court (ICC) is an independent, permanent
court that tries persons accused of the most serious crimes of
international concern, namely genocide, crimes against humanity and
war crimes.  The ICC is based on a treaty, joined by 108 countries.
 It is the first permanent international court charged with trying those
who commit the most serious crimes under international law, including
war crimes and genocide.

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ICC

 The ICC is functionally independent of the UN in terms of personnel and

financing, but some meetings of the ICC governing body, the Assembly of
States Parties to the Rome Statute, are held at the UN.
 There is a "relationship agreement" between the ICC and the UN that
governs how the two institutions regard each other legally.
 The ICC is a court of last resort.  It will not act if a case is investigated or
prosecuted by a national judicial system unless the national proceedings
are not genuine, for example if formal proceedings were undertaken
solely to shield a person from criminal responsibility. 
 addition, the ICC only tries those accused of the gravest crimes. 

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THANK YOU

RGSOIPL, IIT Kharagpur

KDR/IIT KGP/RGSOIPL/-2008