United Nations: Organs and Functions notes — Unit 5

Following the catastrophic failure of the League of Nations to prevent World War II, the victorious Allied powers (USA, UK, USSR, China) drafted the UN Charter in 1945 in San Francisco.

⇒The Primary Purpose (Article 1)

• To maintain international peace and security.
• To develop friendly relations based on equal rights and self-determination.
• To achieve international cooperation in solving economic, social, cultural, and humanitarian problems.

⇒The Six Principal Organs

The UN operates through six main bodies: The General Assembly, The Security Council, The Economic and Social Council (ECOSOC), The Trusteeship Council (now suspended), The International Court of Justice (ICJ), and The Secretariat.

The UNGA is the main deliberative, policymaking, and representative organ of the UN. It is the only organ with universal representation (all 193 Member States).

⇒Voting and Powers

• Equality: Every state, whether as massive as China or as tiny as Tuvalu, gets exactly one vote.
• Resolutions: Decisions on important questions require a 2/3rds majority. However, UNGA resolutions are not legally binding on member states; they are merely recommendations (except for internal budget matters).
• Functions: Approves the UN budget, elects the non-permanent members of the UNSC, appoints the Secretary-General, and debates global issues.

⇒Uniting for Peace Resolution (1950)

Normally, only the Security Council can authorize military action. But during the Korean War, the USSR kept vetoing everything in the UNSC. The UNGA passed this resolution, declaring that if the UNSC fails to act due to a veto, the UNGA can step in and recommend armed force. (Though its legality is highly debated).

The UNSC has the primary responsibility for the maintenance of international peace and security. Unlike the UNGA, the UNSC has the power to make decisions that are legally binding on all member states.

⇒Composition (15 Members)

• 5 Permanent Members (P5): USA, UK, France, Russia, China. (The victors of WWII).
• 10 Non-Permanent Members: Elected by the UNGA for 2-year terms.

⇒Chapter VII Powers (The Teeth of the UN)

If the UNSC determines there is a 'threat to the peace, breach of the peace, or act of aggression' (Article 39), it can order:

• Article 41: Measures not involving armed force (Economic sanctions, arms embargoes, severing diplomatic ties).
• Article 42: Military action by air, sea, or land forces (e.g., authorizing the Gulf War in 1991).

The voting mechanics of the UNSC represent the absolute inequality of International Law.

⇒How Voting Works

• Procedural Matters: Require the affirmative vote of any 9 out of 15 members.
• Substantive Matters (e.g., sending troops, sanctions): Require the affirmative vote of 9 members, including the concurring votes of all 5 Permanent Members.

If even ONE of the P5 votes 'No' on a substantive matter, the resolution fails. This is the Veto. (Note: An abstention or absence by a P5 member is not considered a veto).

⇒The 'Double Veto'

What if there is an argument over whether a matter is 'Procedural' (no veto allowed) or 'Substantive' (veto allowed)?
The decision of whether a matter is procedural or substantive is itself treated as a substantive matter. Therefore, a P5 member can use a veto to declare the matter substantive, and then use a second veto to kill the actual resolution. This is the 'Double Veto'.

Located in The Hague (Netherlands), the ICJ is the principal judicial organ of the UN.

⇒Composition

It consists of 15 judges elected for 9-year terms by the UNGA and the UNSC voting simultaneously but independently. A candidate must get an absolute majority in both organs.

⇒Contentious Jurisdiction (State vs State)

The ICJ can ONLY hear disputes between States. Individuals or corporations cannot sue in the ICJ.

• Consent is Required: The ICJ cannot force a state to appear before it. Both states must consent to the ICJ's jurisdiction.
• The 'Optional Clause' (Art 36(2)): A state can make a permanent declaration saying 'We accept the ICJ's jurisdiction in advance for all future legal disputes with any other state that makes the same promise'.

⇒Advisory Jurisdiction (Article 65)

The UNGA and the UNSC (or other specialized agencies authorized by the UNGA) can ask the ICJ to give a legal opinion on any legal question. States cannot ask for advisory opinions.

• Unlike judgments in contentious cases, advisory opinions are not legally binding. However, they carry immense moral and legal weight in shaping international law (e.g., The Advisory Opinion on the Legality of the Threat or Use of Nuclear Weapons).

⇒Specialized Agencies

The UN operates various autonomous agencies linked to it through the ECOSOC:

• ILO (International Labour Organization): Sets international labor standards (tripartite structure of govts, employers, and workers).
• WHO (World Health Organization): Directs global health responses.

⇒Summary of Master Concepts

• UNGA: Democratic (1 state, 1 vote), but weak (resolutions are non-binding recommendations).
• UNSC: Oligarchic (P5 hold all the power), but strong (decisions under Chapter VII are binding on all).
• Veto Power: The ability of any P5 member to kill a substantive resolution. The 'Double Veto' solidifies this power.
• ICJ Contentious: Only states can sue. Jurisdiction strictly requires state consent (often via the Optional Clause).
• ICJ Advisory: Only UN organs can ask for it. The opinions are highly influential but not legally binding.

⇒University Exam Tips for this Unit (Premium Advice)

• The Veto Mechanics: Examiners love asking about the 'Double Veto'. Always explain it clearly: Veto 1 stops a matter from being declared 'procedural', Veto 2 kills the substantive resolution.
• ICJ Jurisdiction: Emphasize that the ICJ is fundamentally different from a domestic Supreme Court. A domestic court can summon anyone. The ICJ is entirely crippled without the express consent of the states involved.
• Chapter VII Power: If writing about the UNSC, you must mention 'Chapter VII' and 'Article 41/42'. Using these specific article numbers elevates your answer from an essay to a legal analysis.