ORGANS OF UNITED NATIONS
The General Assembly
- is the most representative of the United Nations.
Members:
- All members of the Organization, each of which is entitled to send not more than five representatives and five alternates as well as technical staff as it may need.
Session:
- Regular annual session – beginning on the third Tuesday of September
- Special session
o At all of the majority of its members
o At the request of the Security Council
Voting:
There must be a determination of whether the question is important or not. This matter is decided by a majority of those present and voting.
- Important questions- taken by two thirds of those present and voting
- Not important questions / all other matters- decided by majority of those present and voting
Functions:
- Deliberative
Initiating studies and making recommendations toward the progressive development of international law and its codification and recommending measures for the peaceful adjustment of any situation which it deems likely to impair the general welfare or friendly relation among nations.
- Supervisory
Receiving and considering annual and special reports from the other organs of the United Nations, making recommendations for the coordination of their various functions and approving trusteeship arrangements in non-strategic areas.
- Financial
Consideration and approval of the budget of the Organization, the apportionment of expenses among its members and approval of financial arrangements with the specialized agencies.
- Elective
Election of the non-permanent members of the Security Council, all the members of the Economic and Social Council, and some of the members of the Trusteeship Council, as well as, in concurrence with the Security Council, the Secretary-General and the Judges of the International Court of Justice.
- Constituent
Admission of members and the amendment of the Charter of the United Nations.
Security Council
- the key organ of the United Nations in the maintenance of the international peace and security.
Members:
- 5 permanent members (the Big Five)
-China
- France
- United Kingdom
- Russia
- United States
*permanent members was given preferred position because of the feeling that they were states that, in view of their prestige and power, would provide leadership and physical force that might be needed to preserve the peace of the world
- 10 non-permanent members
- 5 from African and Asian states
- 2 from Latin American states
- 2 from Western European and other states
- 1 from Eastern European states
* elected for 2 years
* not eligible for immediate re-election
*geographical distribution of the non-permanent members was recognition of the relative importance of the areas affected in the maintenance of international order.
Sessions:
Voting:
Governed by Yalta Formula which is incorporated in Article 27 of the Chater.
Each member shall have one vote but distinction must be made between procedural matters and substantive matters.
- Procedural matters- decided by the affirmative vote of at least 9 members
- Substantial matters- decided by the concurrence of at least 9 members, but including the Big Five
*No member, permanent or not, is allowed to vote on questions concerning the pacific settlement of a dispute to which it is a party.
*a permanent member can cast what is known as veto and thereby prevent agreement on a non-procedural question even if it is supported by all the other members of the Security Council.
*a permanent member may also exercise the so called double veto or the Rule of Great power Unanimity by means of which it can disapprove any proposal to consider a question merely procedural and thereafter vote against the question itself on the merits.
Functions:
- Pacific settlement of dispute or, when necessary, even preventive or enforcement action
LIMITATION: dispute must be international, that is, it must not be an internal dissension, such as civil war UNLESS the parties themselves submit the matters to the United Nation.
- Approves trusteeship agreement in strategic areas.
- Performs a number of voting and constituent functions such as those relating to the admission and discipline of the members of the United Nations.
- Election of judges of International Court of Justice and Secretary –General.
- Amendment of Charter of United Nations.
Economic and Social Council
Members:
- 54 members
*elected for three-year terms by General-Assembly.
*may be re-elected immediately.
Sessions:
- Regular session- as required in accordance with its rules
- Special session- at the request of a majority of its members
*members of the United Nations and representatives of the specialized agencies may be allowed to participate, without vote, in the deliberations of the Council.
Voting:
Function:
- Responsibility for the promotion of international economic and social cooperation is vested in the General Assembly and, under its authority, the Economic and Social Council.
- It exert efforts toward:
o Higher standard of living, full employment, and conditions of economic and social progress and development.
o Solutions of international economic, social, health and related problems, and international, cultural and educational cooperation.
o Universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language or religion.
- Collaborates and may enter into agreements, subject to the approval of the General Assembly, with specialized agencies like the International Monetary Fund and the International Trade Commissions.
*in the performance of its duty, the organs like the Commissions on the Status of Women and the regional economic commissions for Europe, Asia and Far East, and Latin America.
International Court of Justice
- judicial organ of the United Nations.
Members:
- 15 judges
*elected by absolute majority vote in the General Assembly and the Security Council.
*QUALIFICATION:
- high moral character
- possesses the qualifications required in their respective countries for appointment to their highest judicial offices or are jurisconsults of recognized competence in international law.
*no two of them may be nationals of the same state. In event that more than one national of the same state obtain the required majorities, only the ELDEST shall be considered elected.
*having a term of nine years
*may be re-elected
*The court shall elect its President and Vice-President who shall serve for tree years and may be re-elected
Sessions:
- Shall permanently in session, at the Hugue or elsewhere EXCEPT during the judicial vacations and may meet either:
-en banc
-chambers- composed of three or more judges
Voting:
- All questions are decided by a majority of the judges present
QUORUM: 9 when the full Court is sitting.
Functions:
- Decide contentious cases
- Render advisory opinions
Secretariat
- chief administrative organ of the United Nations which is headed by Secretary-General
Secretary-General
- Chosen by the general assembly upon recommendation of the Security Council.
- His term is fixed at five years.
- May be re-elected.
- Highest representative of the United Nations and uthorized to act in its behalf.
- Entitled to full diplomatic emmunities and priviledges which only the Security Council may waive.
- Immunities and priviledges of other key-officials of the United Nations may be waived by him.
Functions:
-To bring the attention of the Security Council any matter which in his opinion may threaten international peace and security or he can personally mediate such matter upon authority of the Security Council.
-Act as secretary in all meetings of the General Assembly, Sicurity Council and the Trusteeship Council and perform any other duties as may be assigned to him by these organs.
-Prepares the budget of the United Nations for Submissions to the General Assembly.
-Provides technical facilities to the different organs of the Organization
-Coordinates its vast administrative machinery.
*Secretary-General and the members of his staff are international officers solely responsible to the Organization and are prohibited from seeking or receiving instruction from any government or any other authority external to the United Nations.
Trusteeship
- organ charged with the duty of assisting the Security Council and the General Assembly in the administration of the International trusteeship system.
Members:
- The members of the United Nations administering trust territories.
- Permanent members of the Security Council not administering trust territories.
- Many other members elected for three-year terms by General Assembly as maybe necessary to ensure that the total number of the members of the Trusteeship Council is divided equally between those members of the UN which administers trust territories and those which do not.
Sessions:
- Regular session as required with its rules
- Special session at the request of a majority of its members.
Voting:
- Each member has one vote and decisions are reached by a majority of those present and voting.
Functions:
- Consider reports submitted by the administering authorities.
- Accept petitions and examine them in consultation with the administering authorities
- Provide for periodic visits to the trust territories at times agreed upon with the administering authorities.
- Take such other actions in conformity with the terms of the questionnaire on the political, economic, social, and educational advancement of the inhabitants of the trust territories.
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