United

Nations (UN)
Jochen A Frowein

Content Product: Max Planck

type: Encyclopedia entries Encyclopedia of Public
Article last International Law [MPEPIL]
updated: March 2013

Subject(s):
Universal international organizations
Published under the auspices of the Max Planck Foundation for International Peace and the Rule of Law
under the direction of Rüdiger Wolfrum.

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 A. Origins
1 When the → United Nations Charter was adopted in San Francisco on 26 June 1945, World War
II had ended on the European continent but still continued in the Pacific. The decision to establish
an organization embracing all countries in the world to preserve the peace after the war had come
to an end goes back to the → Atlantic Charter (1941) of 14 August 1941 (204 LNTS 384), in which
President Franklin D Roosevelt and Prime Minister Winston Churchill declared that ‘after the final
destruction of the Nazi tyranny, they hope to see established a peace which will afford to all
nations the means of dwelling in safety within their own boundaries’ (at Principle 6). The two
statesmen also expressed their desire ‘to bring about the fullest collaboration between all nations in
the economic field with the object of securing, for all, improved labour standards, economic
advancement, and social security’ (at Principle 5). On New Year’s Day 1942 the Declaration by the
UN was signed in Washington DC (204 LNTS 381), and 26 governments subscribed to the common
programme of purposes and principles embodied in the Atlantic Charter.

2 The first concrete steps towards the creation of the UN were taken during the late summer of
1944 at the → Dumbarton Oaks Conference (1944), Washington DC, by representatives of the
Soviet Union, the UK, and the US and, in a second phase, also by those of China. The Four Powers
reached a number of agreements—which came to be known as the Dumbarton Oaks Proposals—on
the purposes and principles of the organization, its membership, and principal organs. Although the
permanent representation of the ‘Big Five’ (including France) in the central organ for the
preservation of the peace—the UN Security Council—was already agreed upon, the voting
procedure to be used in the Council could not then be settled. This question was later discussed at
the → Yalta Conference (1945), and the three participants, Churchill, Roosevelt, and Stalin,
accepted the voting formula which was later embodied in Art. 27 UN Charter. The invitation to the
‘Conference of United Nations’ which met at San Francisco from 25 April to 26 June 1945 for the
preparation of the Charter was sponsored by the US, the UK, the Soviet Union, and China, France
having decided not to act as a sponsoring nation. The Conference adopted the UN Charter, which
entered into force on 24 October 1945 (see also → United Nations Charter, History of). There were
51 original members of the organization. In 2013 the number of members was 193.

3 The organization of the UN was conceived as an answer to the failure of its predecessor, the
→ League of Nations. The important innovations of the UN were the complete outlawing of the use
of force between States except in → self-defence, and the system of → collective security, with the
UN Security Council having the competence to take action by military force (see also → Use of
Force, Prohibition of).

B. Structure
4 According to Art. 7 UN Charter, the principal organs of the UN are: the General Assembly
(→ United Nations, General Assembly), the Security Council (→ United Nations, Security Council),
the Economic and Social Council (→ United Nations, Economic and Social Council [ECOSOC]), the
Trusteeship Council (→ United Nations Trusteeship System), the → International Court of Justice
(ICJ), and the Secretariat. The most important organs for realizing the principal function of the
organization, ie to keep the peace, are the Security Council, the General Assembly, and the
Secretary-General (→ United Nations, Secretary-General).

5 The Security Council has ‘primary responsibility for the maintenance of international peace and
security’ (Art. 24 (1) UN Charter) and is composed of the five permanent members (China, France,
Russia, the UK, and the US) and 10 members elected for two years, having regard to equitable
geographical distribution (Art. 23 (1) UN Charter). Every permanent member has the right of → veto
in all decisions, with the exception of procedural matters (Art. 27 (3) UN Charter). Whether a matter
is procedural or not will be decided by a vote which is regarded as non-procedural because at that
stage it will not have been clarified whether the matter at issue is procedural or not. This approach

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 was laid down by a statement of the four sponsoring powers at the San Francisco Conference and
has not been challenged since. Despite the wording of Art. 27 (3) UN Charter, abstention and even
non-participation by permanent members has not in practice hindered the adoption of a decision.
This interpretation of the UN Charter was confirmed by the ICJ in its Legal Consequences for States
of the Continued Presence of South Africa in Namibia (South West Africa) Notwithstanding
Security Council Resolution 276 (1970) (Advisory Opinion) ([1971] ICJ Rep 16; → South West
Africa/Namibia [Advisory Opinions and Judgments]).

6 In the General Assembly each member has one vote; decisions on important matters require a
two-thirds majority (Art. 18 UN Charter, which includes a definition of ‘important questions’;
→ International Organizations or Institutions, Voting Rules and Procedures). The Secretary-
General is appointed by the General Assembly upon the recommendation of the Security Council.
According to the UN Charter, the General Assembly may consider the general principles of co-
operation in the maintenance of international peace and security and discuss ‘any questions’
relating thereto and make recommendations (Art. 11 UN Charter). The decisions to maintain or
restore international peace and security are to be taken by the Security Council (Chapters VI and
VII un Charter). According to Art. 12 UN Charter, the General Assembly may not make any
recommendations while the Security Council is exercising its functions. During the period until 1990
the Security Council has frequently been unable to reach a decision due to lack of unanimity
among the permanent members. This situation led to the famous → Uniting for Peace Resolution
(1950) adopted by the General Assembly on 3 November 1950 during the → Korean War (1950–
53). The resolution confirmed the power of the General Assembly to recommend action as soon as
the Security Council fails to act and when this is required by any nine members (originally seven) of
the Security Council. Although initially its legality was much disputed, the possibility of calling
emergency sessions of the General Assembly has been used frequently even by those States who
had originally objected to the resolution.

7 The Secretary-General has only comparatively few functions under the UN Charter. But the other
principal organs, especially the General Assembly and the Security Council, may entrust to the
Secretary-General functions within the area of their competence (Art. 98 UN Charter). In practice,
the Secretary-General has carried out the important role of mediator in many instances
(→ Conciliation; → Mediation).

8 ECOSOC is a nucleus for the many activities of the UN in the fields of economic, social, cultural,
educational, health (→ Public Health, International Co-operation), and related matters, many of
which are the final responsibility of the General Assembly. Its activities in the field of → human
rights have also been important and led to the adoption by the General Assembly of the
→ Universal Declaration of Human Rights (1948), the → International Covenant on Civil and
Political Rights (1966), and the → International Covenant on Economic, Social and Cultural Rights
(1966) (both in force since 1976). ECOSOC is composed of 27 members elected by the General
Assembly. Chapters XI and XII UN Charter concerning non-self-governing territories have been the
basis of a supervised and regulated process of → decolonization unprecedented in history which
has more than doubled the number of independent States in the world.

9 The ICJ based on its statute which forms an annex to the UN Charter is ‘the principal judicial
organ of the United Nations’ (Art. 92 UN Charter). Of primary importance for the role of the Court
within the structure of the Organization is the power of the General Assembly and the Security
Council to request an advisory opinion on any legal question under Art. 96 UN Charter (→ Advisory
Opinions). This provision may be extended by a resolution of the General Assembly to other
organs and UN Specialized Agencies (→ United Nations, Specialized Agencies), as has happened
on several occasions. The practice of the ICJ in particular since about 1980 has been of great
importance for the development of international law.

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 C. Development of the UN

1. Growth of Membership
10 From the original 51 members the UN has grown to 193 by 2013. Most of the new members are
former colonies which gained their independence after 1945 or States which became members
after the disintegration of the former Soviet Union or of Yugoslavia. Several very small States with a
population of far below one million, sometimes even below 100,000, have been admitted, although
there had been discussions until 1971 over whether → micro States should be allowed to become
members. Only a few very small States preferred not to apply for membership, eg, Nauru and the
Cook Islands. Of the States divided after World War II, the two German States, then the Federal
Republic of Germany and the German Democratic Republic (‘GDR’), were admitted in 1973 (see
also → Germany, Legal Status after World War II). With the reunification of Germany in 1990 the
Federal Republic of Germany remained a Member State while the GDR acceded to the Federal
Republic and lost its membership. The reunited Vietnam was admitted in 1977. The seat of China in
the UN organs was taken by the representatives of the People’s Republic of China under UNGA Res
2758 (XXVI) of 25 October 1971 (GAOR 26th Session Supp 29, 2). The two Korean States were
admitted to membership in 1991. Switzerland which had not sought membership for a long period
was admitted in 2002. → Taiwan is the only territory with a considerable population which has not
become a member and is not represented in the UN.

2. Impact of World Politics

11 The deterioration of East-West relations after 1948, commonly called the period of the → Cold
War (1947–91), had a considerable influence on the UN. The veto power was used frequently by
the Soviet Union, and the Security Council could not fulfil its primary task. Open hostilities in Korea,
Vietnam, and the Middle East could not be prevented by the UN. The United Nations
→ peacekeeping system developed in a direction not foreseen by the UN Charter. While military
→ sanctions were used during this period only in connection with Southern Rhodesia (UNSC Res
221 [1966] [9 April 1966] SCOR 21st Year 5; → Rhodesia/Zimbabwe) UN Forces were used several
times fairly successfully with the → consensus of all concerned (see also → International Military
Forces). Economic sanctions under Chapter VII UN Charter were applied against South Africa and
Southern Rhodesia. This situation changed completely after 1990. With the fall of the Berlin Wall
and the disappearance of the East-West conflict which had lasted for almost 50 years, the United
Nations system, as designed in 1945, could be, for the first time, tested as to its possibilities. While
binding decisions by the Security Council under Chapter VII UN Charter were practically excluded
during the East-West conflict, they have become a normal occurrence since 1990. In many
conflicts the Security Council has applied its competence under Chapter VII UN Charter. Economic
boycotts of a far-reaching nature have been decided on the basis of Art. 41 UN Charter.
Authorization to use armed force has been given by the Security Council in several instances.
However, it has also become clear that States may be willing to use armed force unilaterally without
formal authorization by the Security Council as happened against Iraq in 1998 and in 2003 (→ Iraq,
Invasion of [2003]) as well as against the Federal Republic of Yugoslavia in 1999 (see also
→ Kosovo).

3. Charter Amendments and Proposals for Reform

12 The only amendments to the UN Charter which have been adopted since the Organization
came into existence concerned the enlargement of the Security Council and ECOSOC as well as
the consequences of this enlargement for the voting procedure in the Security Council. For several
years discussions have been held in the ‘Special Committee on the Charter of the United Nations
and on the Strengthening of the Role of the Organization’ with a view to amend the UN Charter. The
question whether Germany, Japan, India, Brazil, and possibly other States should become

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 permanent members of the Security Council has been discussed but no consensus has been
reached. A report by a High-Level Panel ‘A More Secure World: Our Shared Responsibility’ of 2004
has addressed the issue of UN reform as well as the challenges for the Organization.

D. Maintenance of International Peace and Security

1. Breach of the Peace and Threat to the Peace in Art. 39 UN

Charter
13 The Security Council has determined in a great number of cases that a breach of the peace
occurred or a threat to the peace existed. This started in 1990 when Iraq occupied Kuwait and the
Security Council immediately determined a breach of the peace and authorized Member States co-
operating with the government of Kuwait to use military force (UNSC Res 661 [1990] [6 August
1990] SCOR 45th Year 19; UNSC Res 678 [1990] [29 November 1990] SCOR 45th Year 27). The
Security Council also applied Chapter VII UN Charter from 1991 onwards concerning the former
Yugoslavia. Since then resolutions based on Chapter VII have become normal practice of the
Security Council.

14 The experience of the practice since 1990 has shown that Chapter VII UN Charter measures
mainly concerned internal conflicts or conflicts which developed from internal ones into
international conflicts. This happened concerning the former Yugoslavia where the former federal
entities gained full sovereignty during the conflict (→ Yugoslavia, Dissolution of). Sometimes the
Security Council expressly determined that a civil war was a threat to the peace in the region, for
instance in UNSC Resolution 788 (1992) of 19 November 1992 (SCOR 47th Year 99) concerning
Liberia. Concerning Haiti the Security Council decided that a threat to the peace existed because
the democratic government had not been reinstated and persecution existed which could increase
the number of Haitians seeking refuge in neighbouring Member States (UNSC Res 841 [1993] [16
June 1993] SCOR 48th Year 119). In UNSC Resolution 1199 (1998) of 23 September 1998 (SCOR
53rd Year 13) the Security Council affirmed that the deterioration of the situation in Kosovo
constituted a threat to peace and security in the region. In this practice the Security Council based
its evaluation on the recognition that States do not live in isolation and that extreme violence or
human rights violations within a country is likely to destabilize a region.

15 On the basis of Art. 41 UN Charter the Security Council has introduced arms embargos, far-
reaching economic sanctions, and targeted sanctions aimed at individuals. Under the system
established for terrorists States are obliged to freeze economic assets of suspected terrorists. Also,
travel bans have been laid down. The Security Council used Chapter VII to create a system of
supervision for Iraqi petroleum sales to finance the compensation fund set up (UNSC Res 706
[1991] [15 August 1991] SCOR 46th Year 21). The Security Council also adopted the Oil for Food
Programme under Art. 41 UN Charter making it possible that Iraq use special funds for foodstuff and
medical supplies (UNSC Res 986 [1995] [14 April 1995] SCOR 50th Year 101).

2. The Authorization to Use Armed Force

16 In many cases the Security Council has authorized Member States to use armed force. This
happened after the invasion of Kuwait by Iraq with UNSC Resolution 678 (1990) of 29 November
1990, or with UNSC Resolution 794 (1992) of 3 December 1992 (SCOR 47th Year 63), concerning
the authorization for Member States ‘to use all necessary means to establish as soon as possible a
secure environment for humanitarian relief operations in Somalia’ (at para. 10). It was clear that
military means should be used in that respect. Concerning Yugoslavia the Security Council
authorized the use of force in several resolutions. In UNSC Resolution 816 (1993) of 31 March 1993
(SCOR 48th Year 4) the flight prohibition which had already been established was connected with
an authorization to use force. Military aircraft violating the flight prohibition were shot down on the

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 basis of this resolution. In UNSC Resolution 836 (1993) of 4 June 1993 (SCOR 48th Year 13), the
Security Council authorized Member States to take all necessary measures through the use of air
power in and around the safe areas in the Republic of Bosnia and Herzegovina to support the
United Nations force present there in the performance of its mandate. Concerning Rwanda, UNSC
Resolution 929 (1994) of 29 June 1994 (SCOR 49th Year 10) authorized the use of force and UNSC
Resolution 940 (1994) of 31 July 1994 (SCOR 49th Year 51) authorized the use of force against Haiti
in a limited way. In UNSC Resolution 1244 (1999) of 10 June 1999 (SCOR 54th Year 32) the Security
Council authorized Member States and relevant international organizations to establish the
international security presence in Kosovo. This was again a clear authorization to use military
force. Although Art. 43 UN Charter includes an obligation in principle of all Member States to make
available to the Security Council armed forces, this obligation was never implemented. According to
Arts 43 (2) and (3) UN Charter specific agreements had to be concluded in that respect which
never happened. Therefore, the authorization for Member States to use armed force is the only
possibility for the Security Council to take military action in case of a threat to or breach of the
peace.

3. Authorization for Regional Organizations to Use Armed Force

17 According to Art. 53 (1) UN Charter no enforcement action shall be taken under regional
arrangements or by regional agencies without the authorization of the Security Council.
Enforcement action in this sense refers to the use of military force. Economic boycotts by regional
organizations are lawful if they are covered by the statute of the organization and lawful under
general public international law. Only for the use of armed force, where the general prohibition of
Art. 2 (4) UN Charter is applicable, do regional organizations need the authorization by the Security
Council. The Security Council has given this authorization in some cases but has used different
wording which is not always absolutely clear. In UNSC Resolution 787 (1992) of 16 November 1992
(SCOR 47th Year 29) the Security Council gave the mandate to control maritime shipping in the
Adriatic Sea and expressly stated that it acted ‘under Chapters VII and VIII of the Charter of the
United Nations’ (at para. 12). This can only be seen as the formal authorization to use armed force.
Indeed armed inspections of shipping were carried out by NATO and WEU naval forces. Again, in
UNSC Resolution1132 (1997) of 8 October 1997 (SCOR 52nd Year 83) the Security Council
authorized ECOWAS to use force if necessary to halt inward maritime shipping.

18 Other references to regional organizations are less clear. In many resolutions concerning
former Yugoslavia the Security Council just added ‘recalling the provisions of Chapter VIII of the
Charter of the United Nations’ when it in fact referred to NATO. In other resolutions it addressed the
States and asked that they ‘acting nationally or through regional agencies or arrangements’ should
take measures. In those cases the wording is reminiscent of Art. 48 (2) of Chapter VII UN Charter,
according to which decisions by the Security Council shall be carried out by the members of the
United Nations directly and through their action in the appropriate international agencies of which
they are members. Nevertheless, it would seem that a special mentioning of the organizations in
the resolution must be interpreted as authorization in the sense of Art. 53 UN Charter. In UNSC
Resolution 1031 (1995) of 15 December 1995 (SCOR 50th Year 18) which created the legal basis for
the Implementation Force, the Security Council referred to action by Member States ‘acting through
or in cooperation with the organization referred to in Annex 1-A’ (at para. 12). This is again a
reference to NATO and must be seen as an authorization under Art. 53 UN Charter. In UNSC
Resolution 1244 (1999) of 10 June 1999 the Security Council expressly ‘authorizes Member States
and relevant international organizations to establish the international security presence in
Kosovo…with all necessary means to fulfil its responsibilities’ (at para. 7).

19 It is not always evident whether the use of armed forces by regional organizations needs the
authorization of the Security Council. This is particularly so where the consent of the territorial State
may exist and the regional organization therefore uses peacekeeping forces which cannot be seen
as enforcement action. Sometimes the Security Council, after a period of doubt, has expressed the

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 view that there was peacekeeping in the traditional sense not needing formal authorization. In
UNSC Resolution 937 (1994) of 21 July 1994 (SCOR 49th Year 65) the Security Council referred to
the situation in Abkhazia:

recognizing that the deployment of a CIS peace-keeping force to the area is predicated
upon the request and consent of the parties to the conflict (at Pmbl)…Welcomes the
contribution made by the Russian Federation and indications of further contributions from
other members of the CIS, of a peacekeeping force, in response to the request of the
parties. (At para. 4)

4. Action to Restore Peace after the Use of Armed Force

20 After the liberation of Kuwait, UNSC Resolution 687 (1991) of 3 April 1991 (SCOR 46th Year 11)
set up for the first time a detailed system of supervision concerning Iraq to restore peace and
security in the area. The Security Council decided that Iraq was to accept unconditionally the
destruction, removal, or rendering harmless under international supervision of all chemical and
biological weapons and all ballistic missiles with a range greater than 150 kilometres. The resolution
also set up a fund for claims against Iraq. A procedure for granting compensation was developed
and has been implemented by a compensation commission located in Geneva (→ United Nations
Compensation Commission [UNCC]). On the basis of UNSC Resolution 687 (1991) a boundary
commission was set up which was given the task to demarcate the boundary between Iraq and
Kuwait. On 21 May 1993 its Final Report on the Demarcation of the International Boundary between
the Republic of Iraq and the State of Kuwait by the United Nations Iraq-Kuwait Boundary
Demarcation Commission ([20 May 1993] UN Doc S/25811/Appendix) was communicated to the
Security Council which by UNSC Resolution 833 (1993) of 27 May 1993 (SCOR 48th Year 36) acting
under Chapter VII reaffirmed that the decisions of the commission regarding the demarcation are
final and guaranteed the inviolability of the boundary.

5. Measures against War Criminals

21 With UNSC Resolution 808 (1993) of 22 February 1993 (SCOR 48th Year 28) the Security
Council decided that an international tribunal would be established for the prosecution of persons
responsible for serious violations of international humanitarian law committed in the territory of the
former Yugoslavia since 1991. On 25 May 1993, the Security Council, by UNSC Resolution 827
(1993) of 25 May 1993 (SCOR 48th Year 29) established the → International Criminal Tribunal for
the Former Yugoslavia (ICTY) and adopted its statute as annex to the resolution. The ICTY has
been operative since then and has developed an impressive case-law. A similar tribunal has been
set up by UNSC Resolution 955 (1994) of 8 November 1994 (SCOR 49th Year 15) for Rwanda. These
examples show that the Security Council has far-reaching powers to deal with situations after
armed conflicts.

E. Other Activities

1. General Political Activities

22 Since the General Assembly has a wide mandate to discuss all matters related to peace and
security, → disarmament and political co-operation (Arts 11 and 13 UN Charter), there are hardly
any matters of international concern which have not been at issue in the debates of the General
Assembly. The problems of disarmament have been discussed repeatedly at special sessions.
Many important treaties have been adopted as a consequence of discussions in the General
Assembly. The UN Conference on the Law of the Sea, the most important example of an effort to
regulate a matter of grave concern to the international community by consensus, was instituted by
the General Assembly and led to the adoption of the United Nations Convention on the Law of the

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 Sea ([signed 10 December 1982, entered into force 16 November 1994] 1833 UNTS 396; see also
→ Law of the Sea).

2. Economic and Social Questions

23 Art. 55 UN Charter lays down the principle according to which it is the task of the UN to promote
higher standards of living, full employment, and conditions of economic and social progress and
development. This article has been the basis of numerous activities; inter alia the creation of UN
Specialized Agencies, conferences, and organizations. The international economic order has been
and remains on the agenda of the General Assembly during most sessions. The problem of
overcoming the economic North-South divide in the world has been studied continuously.

3. Human Rights
24 It was the experience with National Socialism and World War II which led to the inclusion of Art.
55 (c) in the UN Charter, according to which the UN shall promote ‘universal respect for, and
observance of, human rights and fundamental freedoms for all without distinction as to race, sex,
language, or religion’. The Universal Declaration of Human Rights adopted by the General
Assembly in 1948 was the first step towards the implementation of this task. The International
Covenant on Civil and Political Rights and the International Covenant on Economic, Social and
Cultural Rights, both signed in 1966 and entering into force in 1976, are the most important
examples of UN activities in the field of human rights. The United Nations Commission on Human
Rights was established as a sub-commission of ECOSOC for discussion and possibly investigation
of alleged violations of human rights. In 2006 the Commission was transformed into the United
Nations Human Rights Council (→ United Nations Commission on Human Rights/United Nations
Human Rights Council). From the beginning the decision to mention the promotion of human rights
as one of the tasks of the UN precluded their being regarded as ‘essentially within the domestic
jurisdiction of any state’ in the sense of Art. 2 (7) UN Charter (see also → Domaine réservé).
However, this view was always disputed by some important States, during the Cold War by the
communist States.

4. Decolonization
25 The process of decolonization brought about under the supervision of the UN has been one of
the most successful activities. The UN Trusteeship System was based on the objective of reaching
independence for the territories concerned, at least as one alternative (Art. 76 (b) UN Charter). But
under Chapter XI the principle of → self-determination was recognized for all non-self-governing
territories, a principle that was further emphasized in the Declaration on the Granting of
Independence to Colonial Countries and Peoples (UNGA Res 1514 [XV] [14 December 1960] GAOR
15th Session Supp 16 vol 1, 66). By 1980, most colonial territories had reached independence and
had become sovereign members of the UN.

5. Development of International Law and Codification

26 The era since the foundation of the UN has been of great importance for the development of
international law. The → codification and progressive development of international law through
multilateral treaties has made unprecedented progress. In other areas new problems have been
regulated by treaties. The UN has acted as a central agency for this development. The General
Assembly established the → International Law Commission (ILC) already in 1947, and this organ
has prepared some of the most important codification treaties, such as the → Vienna Convention
on Diplomatic Relations (1961), the → Vienna Convention on Consular Relations (1963), and the
→ Vienna Convention on the Law of Treaties (1969). The ILC has also adopted detailed rules on
important areas of international law without proposing to transform them into treaties. These rules

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 may be indications of generally recognized rules of international law or may play a role in shaping
customary international law. Among the most important examples are the Draft Articles on
Responsibility of States for Internationally Wrongful Acts ([2001] GAOR 56th Session Supp 10, 43)
published with detailed commentaries by the ILC. Other draft treaties were prepared by committees
of the General Assembly or specific drafting conferences. The development of the law of the sea
was brought about by several conferences on the law of the sea initiated by the General Assembly.
Resolutions and declarations adopted by the General Assembly have also contributed to the
clarification and development of international law. A good example is the Declaration on Principles
of International Law concerning Friendly Relations and Cooperation among States in Accordance
with the Charter of the United Nations (UNGA Res 2625 [XXV] [24 October 1970] GAOR 25th
Session Supp 28, 121; → Friendly Relations Declaration [1970]). Although the General Assembly
has of course no competence to create new law, these resolutions may indicate how Member
States see the legal obligations under general international law, and may show the existence or
non-existence of consensus over important legal developments. Resolutions and declarations have
been quoted by the ICJ and are used in legal arguments between States, showing that they play an
important role in the development of present-day public international law.

F. Legal Status of the UN

1. International Legal Personality

27 The UN Charter does not expressly regulate the international legal personality of the UN. It is
clear, however, that the UN is seen as a subject of international law where the conclusion of
international agreements is expressly provided for (eg, in Art. 43 UN Charter; → Subjects of
International Law). The ICJ has recognized that the UN is in possession ‘of a large measure of
international personality and the capacity to operate upon an international plane’ (→ Reparation for
Injuries Suffered in the Service of the United Nations [Advisory Opinion] [1949] ICJ Rep 174, at
179). In fact, the UN has concluded a considerable number of international agreements, such as
headquarters agreements for the UN seats in New York and Geneva, agreements concerning
peacekeeping operations, agreements concerning specific meetings or conferences organized by
the UN, and agreements related to the privileges and immunities enjoyed by the UN on the basis of
the Convention on the Privileges and Immunities of the United Nations of 1946 (‘CPIUN’; see also
→ International Organizations or Institutions, Headquarters; → International Organizations or
Institutions, Privileges and Immunities). Also, the UN has acted on the international plane by
demanding reparation for injuries suffered by its representatives and by accepting responsibility for
damages caused by its agents, especially in the course of peacekeeping operations
(→ International Organizations or Institutions, Responsibility and Liability). Thus, the UN enjoys a
far-reaching international legal personality.

2. Legal Status in Municipal Law

28 According to Art. 104 UN Charter, the Organization is to ‘enjoy in the territory of each of its
Members such legal capacity as may be necessary for the exercise of its functions and the
fulfilment of its purposes’. The CPIUN of 1946 provides in Art. I (1): ‘The United Nations shall
possess juridical personality. It shall have the capacity: a) to contract; b) to acquire and dispose of
immovable and movable property; c) to institute legal proceedings’. This convention is in force for
most Member States of the UN and clarifies the position of the Organization under Art. 104 UN
Charter.

3. Privileges and Immunities

29 Art. 105 UN Charter provides that the UN and its officials as well as the representatives of
members shall enjoy privileges and immunities. Under Art. 105 (3) UN Charter the General Assembly

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 has the right to propose conventions to specify the details of these rights. In accordance with this
provision, the CPIUN, adopted by the General Assembly on 13 February 1946 (UNGA Res 22 [I]),
grants full immunity to the Organization, the representatives of the members and the officials
except where it has been waived (→ Waiver). The ICJ delivered an advisory opinion in 1999 on a
request by the ECOSOC concerning the Difference relating to Immunity from Legal Process of a
Special Rapporteur of the Commission on Human Rights (Advisory Opinion) ([1999] ICJ Rep 62).
The Court found that the rapporteur enjoyed immunity which had to be respected.

4. Status of UN Headquarters
30 The legal status of the seat of the UN in the City of New York was regulated by the Agreement
between the United Nations and the United States regarding the Headquarters of the United Nations
(‘UN Headquarters Agreement’). The Headquarters District is put ‘under the control and authority of
the United Nations as provided in this agreement’ (Art. III (7) (a) UN Headquarters Agreement).
Although US federal, state, and local law remains applicable in the District, it may be superseded by
UN regulations. The Headquarters District is to be inviolable. United States officers and officials may
not enter the District to perform official functions except with the consent of the Secretary-General.
Transit to and from the Headquarters District is guaranteed by the agreement. Police protection for
the Headquarters District is also regulated in the agreement. Similar agreements were concluded
between the UN and Switzerland relating to the ‘Ariana Site’ in Geneva, on the basis of which the
UN premises in Geneva are inviolable and immune from search or other interference. Disputes
under the Headquarters Agreements are to be decided by arbitration on the basis of special
provisions. The ICJ was asked on 2 March 1988 by the General Assembly to give an advisory
opinion on the question of whether the US, as a party to the agreement between the UN and the US
regarding the Headquarters, was under an obligation to enter into arbitration in accordance with
Section 21 UN Headquarters Agreement (→ United Nations Headquarters Agreement, Obligation
to Arbitrate [Advisory Opinion]). The ICJ was unanimously of the opinion ‘that the United States of
America as a party to the agreement…is under an obligation…to enter into arbitration for the
settlement of the dispute between itself and the United Nations’ (Applicability of the Obligation to
Arbitrate under Section 21 of the United Nations Headquarters Agreement of 26 June 1947
[Advisory Opinion] [1988] ICJ Rep 12; at para. 58). The dispute concerned the status of the
Palestine Liberation Organization observer mission.

G. Financing and Budget

31 Under Art. 17 UN Charter, the General Assembly is to consider and approve the budget of the
Organization and apportion the expenses between the members (→ United Nations Budget). The
biennial budget is initially submitted by the Secretary-General and reviewed by a 16-member
expert Advisory Committee on Administrative and Budgetary Questions which recommends
modifications to the General Assembly. Contributions of members constitute the main source of
funds for the regular budget which was approved by UN General Assembly Resolution 66/248 of 24
December 2011 to US$5.1 billion for 2012–2013. How much a State pays is determined primarily by
its total national income in relation to that of other Member States. The US, Japan, and Germany pay
47% of the regular budget (2007). The US pays the maximum contribution possible, ie 22%, Japan
16%, Germany 8%, UK 6%, France 6%, and Italy 5%. Only 11 other States pay more than 1%. A
quarter of members pay only 0.001% which is the minimum.

32 The regular budget covers administrative and other expenses of the central Secretariat and the
other principle organs of the UN. Many other activities are financed mainly by voluntary
contributions made outside the regular budget, such as those made to the peacekeeping
operations, the → United Nations Development Programme (UNDP), and the → World Food
Programme (WFP).

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 H. Special Legal Problems

1. Binding Nature of UN Decisions

33 Art. 25 UN Charter obliges all members ‘to accept and carry out the decisions of the Security
Council in accordance with the present Charter’. It is clear that this obligation exists primarily for
decisions taken under Chapter VII where Art. 39 UN Charter empowers the Security Council to make
recommendations or decide what measures shall be taken in accordance with Arts 41 and 42 UN
Charter, to maintain or restore international peace and security. Recommendations are not binding
but decisions create an obligation. The ICJ has rejected the view that Art. 25 UN Charter applies
only in relation to Chapter VII. Rather, the Court expressed the opinion in 1971 that the language of
a resolution should be carefully analysed before a conclusion can be made as to its binding effect.
The ICJ even speaks of ‘the powers under Article 25’ (South West Africa/Namibia [Advisory
Opinion] at para. 114). It is very doubtful whether this position is correct. As Sir Gerald Fitzmaurice
has pointed out in his dissenting opinion:

If, under the relevant chapter or article of the Charter, the decision is not binding, Article 25
cannot make it so. If the effect of that Article were automatically to make all decisions of
the Security Council binding, then the words ‘in accordance with the present Charter’
would be quite superfluous. (South West Africa/Namibia [Advisory Opinion] [Dissenting
Opinion of Judge Fitzmaurice] [1971] ICJ Rep 220; at para. 113)

Inpractice, the Organization acts on the understanding that the decisions of the Security Council
outside Chapter VII are not automatically binding on the States concerned. The wording of Chapter
VI shows that, here, only non-binding recommendations can be made by the Security Council.
34 As for the General Assembly, Arts 10–14 UN Charter are the basis for making recommendations
which are not binding, although the States concerned are under an obligation to consider their
content. The ICJ has stated, however, that

it would not be correct to assume that, because the General Assembly is in principle
vested with recommendatory powers, it is debarred from adopting, in specific cases within
the framework of its competence, resolutions which make determinations or have operative
design. (Ibid para. 105)

Again, it is not quite clear under which circumstances this rule would apply except in cases where
internal matters of the UN are at issue, for instance, decisions on budgetary matters (see also
→ International Organizations or Institutions, Internal Law and Rules).

2. Legality of UN Acts
35 As the ICJ has pointed out, there is no procedure for determining the validity of acts of the UN.
Therefore, ‘each organ must, in the first place at least, determine its own jurisdiction’ (Certain
Expenses of the United Nations [Article 17, Paragraph 2, of the Charter] [Advisory Opinion] 168).
The Court has also stated that ‘[a] resolution of a properly constituted organ of the United Nations
which is passed in accordance with that organ’s rules of procedure, and is declared by its
President to have been so passed, must be presumed to have been validly adopted’ (South West
Africa/Namibia [Advisory Opinion] para. 20). In Certain Expenses of the United Nations (Advisory
Opinion), the Court hinted at the possibility that the violation of internal provisions may not make
the act itself illegal if it is within the functions of the Organization. A presumption is seen to exist for
actions appropriate for the fulfillment of one of the stated purposes of the UN not being ultra vires
(at 168). Where no possibility exists of settling by judicial procedure a dispute as to the lawfulness
of any act of an international organization, the danger is always present that the States concerned
may take the law into their own hands. This is what happened when the Soviet Union and France
refused to pay their share of the budget for peacekeeping operations because they considered

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 these acts to be illegal under the UN Charter. The advisory opinion of the ICJ which was requested
in this case was not binding and was, in fact, not accepted by the two States. Unless a compromise
is found, a dispute as to the legality of UN acts may well lead to the non-recognition of the acts by
the States concerned. For the financing of peacekeeping operations, compromises were in fact
found. A special budget for the peacekeeping operations has been established ever since. It is a
considerable weakness of the UN system that, unlike in the European Union, no procedure for
binding settlement of disputes as to the legality of UN acts exists.

3. UN Acts in Municipal Law

36 Decisions of the UN are directed towards the Member States if they do not concern internal
matters of the Organization, where they may be addressed to another organ. Even where direct
obligations are created for the State by the decision, it is up to its internal law to determine whether
State organs can comply with it (→ International Law and Domestic [Municipal] Law, Law and
Decisions of International Organizations and Courts). When the US adopted legislation in violation
of Security Council resolutions introducing a trade embargo against Rhodesia, US courts had to
apply US legislation (Charles Coles Diggs v George P Shultz, Secretary of Treasury United States
Court of Appeal for the District of Columbia Circuit [31 October 1972] [1972] 11 ILM 1252).
Resolutions by UN organs will not create individual rights enforceable before national courts
(Charles Coles Diggs v Frederick B Dent United States District Court for the District of Columbia [13
May 1975] [1975] 14 ILM 797). When the Postmaster-General of Australia interrupted the telephone
connections of the Rhodesian Information Centre, the High Court of Australia held that resolutions of
the Security Council are not part of the law of the Commonwealth (Bradley v The Commonwealth
High Court of Australia [Canberra 10 September 1973] 128 Commonwealth Law Reports 557). In
Attorney-General v Nissan (United Kingdom House of Lords [11 February 1969] [1969] 1 All ER
629) the British House of Lords refused to accord the UN the position of a foreign State concerning
acts relating to the seizure of a hotel on Cyprus.

37 In the very important judgment Yassin Abdullah Kadi and Al Barakaat International Foundation
v Council of the European Union and Commission of the European Communities by the European
Court of Justice (‘ECJ’) of 3 September 2008 in the cases concerning the listing procedure as to YA
Kadi and Al Barakaat International Foundation, the ECJ held that fundamental rights as protected by
European Community law limit the implementation of Security Council decisions (→ Kadi Case). The
lack of any procedure of judicial review was seen by the ECJ as a violation of the fundamental
rights protected by European Community law. The ECJ held that the implementing regulation of the
European Community must be amended to bring it into conformity with fundamental rights. The
judgment is of considerable importance because it clarifies that the binding nature of Security
Council decisions does not automatically override the protection of fundamental rights in municipal
or regional law.

38 There may be situations, where municipal courts have to respect the erga omnes objective
effect of UN acts unless this entails their State becoming responsible under international law. This
could be the consequence of Security Council resolutions declaring → annexation[s] of territory to
be ‘null and void’ (cf UNSC Res 497 [1981] [17 December 1981] SCOR 36th Year 6, declaring
Israeli measures concerning the Golan to be ‘null and void’). After the General Assembly had
terminated the mandate for Namibia, the ICJ found that this act had validity erga omnes and had to
be respected by all States. The illegal presence of South Africa in the territory should not be
recognized, according to the ICJ. This applies also to the recognition of acts performed by the
illegal administration, except for certain categories of acts, for instance, registration of births,
deaths, and marriages (South West Africa/Namibia [Advisory Opinion] para. 125).

39 Similarly the Security Council, after the invasion of northern Cyprus by Turkey, adopted UNSC
Resolution 541 (1983) of 18 November 1983 (SCOR 38th Year 15) declaring the proclamation of the
establishment of the Turkish Republic of Northern Cyprus (‘TRNC’) to be legally invalid and called

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 upon all States not to recognize any Cypriot State other than the Republic of Cyprus. The European
Court of Human Rights based itself on the Security Council resolutions as evidence for the invalidity
of the establishment of the TRNC and applied the principle laid down in the Namibia case. It
concluded that some remedies existing to the advantage of individuals could be seen as being
remedies to be exhausted under the European Convention for the Protection of Human Rights and
Fundamental Freedoms (‘ECHR’; Cyprus v Turkey [ECtHR] Reports 2001-IV, 1).

4. Withdrawal from the UN

40 The UN Charter does not provide for the withdrawal of members from the organization. This was
a clear decision taken at San Francisco. At first there were even proposals to make participation
‘obligatory’ but this was rejected. A declaration adopted by a committee during the drafting of the
UN Charter shows that it was not considered to be the intention to compel those members to
continue their ‘cooperation in the Organization’ who wish to withdraw for specific reasons (United
Nations [ed], Documents of the United Nations Conference on International Organization San
Francisco, 1945 vol 7 Commission I: General Provisions [United Nations Information Organization
New York 1945] 273). When Indonesia informed the Secretary-General that she had decided ‘to
withdraw from the United Nations’ on 20 January 1965 (United Nations [ed], Repertory of Practice of
United Nations Organs Supp 3 vol 1 Articles 1–22 of the Charter [United Nations New York 1972]
189), the attention of the UN was drawn to that problem and the earnest hope was expressed that
Indonesia would resume full co-operation in due course. On 19 September 1966 Indonesia informed
the Secretary-General that she had ‘decided to resume full co-operation with the United Nations
and to resume participation in its activities starting with the twenty-first session of the General
Assembly’ (United Nations [ed], Repertory of Practice of United Nations Organs Supp 3 vol 1
Ariticles 1–22 of the Charter [United Nations New York 1972] 190). The President of the General
Assembly then made a statement according to which Indonesia had not withdrawn from the UN but
had only ceased to co-operate. Since the members of the UN have ratified the UN Charter, which
does not provide for withdrawal, it can be argued that this possibility does not exist. It seems,
however, that under ‘exceptional circumstances’ States will recognize a withdrawal as justified.
Withdrawal has, of course, to be distinguished from issues arising by State succession and by
extinction of States. Issues of that sort had to be solved when the old Member State Yugoslavia
disintegrated. The new States coming into existence with the secession were all admitted to
membership on the basis of the normal procedure. As to the State from which the new Member
States had seceded, and which acted first under the name of Yugoslavia, then Serbia and
Montenegro, and then Serbia, difficult problems arose. After a period of uncertainty Serbia and
Montenegro was admitted as a new Member State, Montenegro then seceded from this State and
the State called itself Serbia.

5. Suspension; Expulsion
41 According to Art. 5 UN Charter, a member against which preventive or enforcement action has
been taken may be suspended from the exercise of the rights and privileges of membership by the
General Assembly upon the recommendation of the Security Council. The Security Council may
restore these rights and privileges. This article has never been applied. The same is true for Art. 6
UN Charter, which gives the General Assembly, again upon the recommendation of the Security
Council, the competence to expel a member which has ‘persistently violated the Principles
contained in the present Charter’. A very dubious practice has been developed in the General
Assembly, however, where the credentials of the South African delegates have not been
recognized in a period after 1971 before the changes of 1989 because of the lack of
representativeness of the government of South Africa of the majority of the South African people
(see also → Apartheid). In 1974 the South African delegates were excluded from the General
Assembly, and South Africa has not participated in the work of the General Assembly before the
constitutional changes in South Africa. The procedure which was applied there may well be called

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 a circumvention of Arts 5 and 6 UN Charter, which clearly regulate the matters of suspension and
expulsion.

42 Problems have also arisen in connection with Art. 19 UN Charter, under which a State ‘shall
have no vote in the General Assembly if the amount of its arrears equals or exceeds the amount of
the contributions due from it for the preceding two full years’. When several countries had objected
to peacekeeping operations as not being in conformity with the UN Charter and had not paid those
parts of their contributions attributable to those operations, the applicability of Art. 19 UN Charter
had to be clarified. A compromise was reached to proceed by consensus without formal vote in the
General Assembly, thereby avoiding the issue under Art. 19 UN Charter (Repertory of Practice of
United Nations Organs Supp 3 vol 1 Articles 1–22 of the Charter 396–99). A special procedure for
the financing of peacekeeping operations was applied from then on.

6. Responsibility of the United Nations

43 Since the UN has legal personality and is involved in far-reaching international activities, in
particular concerning peacekeeping, it follows that the Organization may become responsible
under international law. This is generally recognized and there are many cases where the UN have
accepted that such responsibility may exist. In his report Financing of the UN Protection Force the
Secretary-General on 29 September 1996 stated that the

international responsibility of the United Nations for the activities of United Nations forces is
an attribute of its international legal personality and its capacity to bear international rights
and obligations. (At Para. 6)

Inseveral cases the UN have paid compensation to individuals who suffered damage by non-
justified action of United Nations personnel. Frequently the UN has established ‘local claims review
boards’ to settle claims. It is not always clear what law is being applied when compensation is being
agreed upon. It would seem correct to assume that international law may be the basis for claims of
compensation where the UN and its organs exercise UN authority based on the UN Charter. Where
UN personnel is involved in traffic accidents one may come to the conclusion that the local law
applies. Although international law is not generally a limitation for UN activities it would seem to be
generally recognized that the UN is bound to respect → ius cogens as well as individual human
rights. Where violations of these rules occur the UN is liable. A considerable problem exists since
there are no judicial remedies available against the UN. Because of the immunity of the
organization national courts will normally not have jurisdiction to decide on the merits. However,
the question must be asked whether the UN should not be seen under an obligation to waive
immunity where responsibility for important violations of international law are at issue. The
→ genocide at Srebrenica, recognized by the ICJ, is an example. A procedure in the Netherlands
may clarify this matter. It is interesting to note that there are also tendencies to reject immunity. An
Advisory Commission to the Dutch government for example, in a report on responsibility for UN
peace operations, stated that national courts should, in case of a claim against the UN, inquire
whether an adequate alternative internal remedy is available. If this is not the case the court should
reject a plea of immunity (Advisory Committee on International Law Affairs ‘Report on Responsibility
for Wrongful Acts Committed During UN Peacekeeping Operations’ [2002] para. 4.5.1). The ILC is
preparing a report on the international responsibility of international organizations. The European
Court of Human Rights has decided that actions by the United Nations Interim Administration Mission
in Kosovo and the Kosovo Force are to be attributed only to the UN and, therefore, applications
against Member States of the ECHR are incompatible ratione personae (Agim Behrami and Bekir
Behrami v France and Ruzhdi Saramati v France, Germany and Norway [Decision of
Admissibility] of 2 May 2007). This is highly problematic. English courts have underlined the
importance of the ECHR where British forces in Iraq interned people on the basis of a UN resolution.
The European Court of Human Rights held that the resolution qualified convention law as to
internment but not as to the obligations under Art. 3 ECHR not to torture or not to apply inhumane

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 treatment (The Queen on the Application of Mazin Jumaa Gatteh al Skeini v Secretary of State for
Defence England and Wales High Court of Justice [Queen’s Bench Division] [14 December 2004]
[2004] EWHC 2911).

I. General Evaluation
44 As a world-wide organization with a mandate to concern itself with all the issues vital to the
preservation of mankind and to the overcoming of the great dangers to peace threatening the
globe, the UN can achieve nothing without the support of its members. The Organization is a mirror
of the conditions existing in the international society of States. With a veto power in the Security
Council the structure of the organization takes account of the differences existing between States
as far as their political importance is concerned. Of course, the political importance of several non-
permanent Member States may be seen as justifying their admission to permanent membership.
However, no consensus has been reached on that matter. Where the permanent members are in
agreement as to the method to solve a specific dangerous situation, the UN may serve as the
institutional structure through which the influence of the most important powers may be exercised
and may become more acceptable to smaller countries. Where there is a rift between the
permanent members, whether or not the veto will be used will depend on the importance of the
question. Even then the forum of discussion in the Security Council may not be without influence in
the final resolution of the problem. In the General Assembly all important issues concerning the
international society can be addressed. A sort of ‘parliamentary procedure’ which the States of the
world have to use to justify their general policy has been created.

45 With the fall of the Berlin Wall in 1989 and the disappearance of the East-West conflict which
had lasted for almost 50 years, the United Nations system, as designed in 1945, could be, for the
first time, tested as to its possibilities. Since then the Security Council has applied its competence
under Chapter VII UN Charter in many cases. The Security Council has moved into the centre of UN
activities as far as preservation of peace is concerned. Open → aggression, as by Iraq against
Kuwait, could be answered by very clear and strong United Nations action. In other cases UN
action was less successful. Although the Secretary-General has expressed the wish that States
may negotiate treaties under Art. 43 UN Charter for making it possible that the UN has military
forces available under its control, no State has shown any intention to implement that demand. It
would seem that the UN Charter, in 1945, was modelled on the basis of the situation during World
War II when use of armed force against the aggressor seemed quite natural and it was believed
that States could be willing to transfer the decision to use their troops to the United Nations.
However, no government has been willing to do that in a period of general peace and it is unlikely
that anything will change here. However, the UN response to external and internal threats to the
peace is rather impressive. The Security Council has not hesitated to address resolutions based on
Chapter VII also to non-State entities as factions in internal conflicts. This is based on the view that
the Security Council has full jurisdiction at least concerning the territory of all Member States.

46 The development of public international law can no longer be separated from the organization
of the United Nations. It has become the most important world-wide law-creating body. It is
frequently stated that the possibilities for → peaceful change, mentioned in Art. 14 UN Charter,
should be strengthened. The process of decolonization brought about within the UN framework is
probably the best example of peaceful change in history.

47 The United Nations organization is not only essential concerning peace and security, but also
to address issues which concern mankind as a whole. Compared with the difficult history of the
League of Nations, which never became the recognized forum of all the States in the world, the
development of the UN has been much more successful. Its contribution to international law in the
second half of the 20th century and in the 21st century can be seen throughout this encyclopedia.

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Peace Palace Library; date: 13 January 2018
 Select Bibliography
H Kelsen The Law of the United Nations: A Critical Analysis of its Fundamental Problems
(Stevens London 1950, with supplement 1951). Find it in your Library
Q Wright International Law and the United Nations (Asia London 1960). Find it in your
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BV Cohen The United Nations: Constitutional Developments, Growth, and Possibilities
(Harvard University Press Cambridge 1961). Find it in your Library
RL Bindschedler ‘La délimitation; des compétences des Nations Unies’ (1963) 108 RdC 307–
423. Find it in your Library
R Higgins The Development of International Law Through the Political Organs of the United
Nations (OUP London 1963). Find it in your Library
O Schachter ‘The Relation of Law, Politics and Action in the United Nations’ (1963) 109 RdC
165–256. Find it in your Library
A Ross The United Nations: Peace and Progress (Bedminster Totowa 1966). Find it in your
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LM Goodrich E Hambro, and AP Simons Charter of the United Nations: Commentary and
Documents (3rd edn Columbia University Press New York 1969). Find it in your Library
TO Elias United Nations Charter and the World Court (Nigerian Institute of Advanced Legal
Studies Lagos 1989). Find it in your Library
C Tomuschat (ed) The United Nations at Age Fifty: A Legal Perspective (Kluwer The Hague
1995). Find it in your Library
R Wolfrum and C Philipp (eds) United Nations: Law, Policies and Practice (Beck München
1995). Find it in your Library
H Fox (ed) The Changing Constitution of the United Nations (British Institute of International
and Comparative Law London 1997). Find it in your Library
M de Almeida Ribeiro A organização das Nações Unidas (Livraria Almedina Coimbra
1998). Find it in your Library
JA Frowein ‘Unilateral Interpretation of Security Council Resolutions: A Threat to Collective
Security?’ in V Götz, P Selmer, and R Wolfrum (eds), Liber amicorum Günther Jaenicke zum
85 Geburtstag (Springer Berlin 1998) 97–112. Find it in your Library
MI Glassner (ed) The United Nations at Work (Praeger Westport 1998). Find it in your Library
B Simma (ed) The Charter of the United Nations: A Commentary (2nd edn OUP Oxford
2002). Find it in your Library
SC Schlesinger Act of Creation: The Founding of the United Nations: A Story of
Superpowers, Secret Agents, Wartime Allies and Enemies and Their Quest for a Peaceful
World (Westview Boulder 2003). Find it in your Library
S von Schorlemer (ed) Praxishandbuch UNO: Die Vereinten Nationen im Lichte globaler
Herausforderungen (Springer Berlin 2003). Find it in your Library
B Conforti The Law and Practice of the United Nations (3rd edn Nijhoff Leiden 2005). Find it in
your Library
JP Cot A Pellet, and M Forteau (eds) La Charte des Nations Unies: Commentaire article par
article (3rd edn Economica Paris 2005). Find it in your Library
L Ziring RE Riggs, and JC Plano The United Nations: International Organization and World
Politics (4th edn Thomson Wadsworth Belmont 2005). Find it in your Library
A Polsi Storia dell’ONU (Laterza Rome 2006). Find it in your Library
S von Schorlemer (ed) “Wir, die Völker (…)” – Strukturwandel in der Weltorganisation (Lang
Frankfurt am Main 2006). Find it in your Library
J Varwick (ed) Die Reform der Vereinten Nationen: Bilanz und Perspektiven (Duncker &
Humblot Berlin 2006). Find it in your Library
M Hordijk (ed) The Role of the United Nations in Peace and Security, Global Development,
and World Governance: An Assessment of the Evidence (Mellen Lewiston 2007). Find it in
your Library
st rd

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Peace Palace Library; date: 13 January 2018
 KA Mingst and MP Karns The United Nations in the 21st Century (3rd edn Westview Boulder
2007). Find it in your Library
TG Weiss (ed) The Oxford Handbook on the United Nations (OUP Oxford 2007). Find it in
your Library
TG Weiss DP Forsythe and RA Coate The United Nations and Changing World Politics (5th
edn Westview Boulder 2007). Find it in your Library
KP Clements (ed) The Center Holds: United Nations Reform for 21st Century Challenges
(Transaction New Brunswick 2008). Find it in your Library
JA Moore and J Pubantz Encyclopedia of the United Nations (2nd edn Facts on File New York
2008). Find it in your Library
HJ Münk (ed) Die Vereinten Nationen sechs Jahrzehnte nach ihrer Gründung: Bilanz und
Reformperspektiven (Lang Bern 2008). Find it in your Library
M Zwanenburg ‘UN Peace Operations between Independence and Accountability’ (2008) 5
IntlOrgLRev 23–47. Find it in your Library

Select Documents
Agim Behrami and Bekir Behrami v France and Ruzhdi Saramati v France, Germany and
Norway (Decision of Admissability) (ECtHR) App 71412/01 and 78166/01.
Agreement between the United Nations and the United States of America regarding the
Headquarters of the United Nations (signed 26 June 1947, entered into force 21 November
1947) 11 UNTS 11.
Certain Expenses of the United Nations (Article 17, Paragraph 2, of the Charter) (Advisory
Opinion) [1962] ICJ Rep 151.
Convention on the Privileges and Immunities of the United Nations (adopted 13 February
1946, entered into force 17 September 1946) 1 UNTS 15.
Joined Cases C–402/05 P and C–415/05 P Kadi and Al Barakaat International Foundation v
Council of the European Union and Commission of the European Communities (3 September
2008) [2008] ECR I-3651.
‘Proposals for the Establishment of a General International Organization’ (done 7 October
1944) in United States Department of State (ed), Foreign Relations of the United States
Diplomatic Papers 1944: General vol 1 (United States Government Printing Office
Washington 1944) 890 (Dumbarton Oaks Proposals).
UN High-Level Panel on Threats, Challenges and Change ‘A More Secure World: Our Shared
Responsibility’ (2 December 2004) UN Doc A/59/565, 8.
UNGA ‘Financing of the United Nations Protection Force, the United Nations Confidence
Restoration Operation in Croatia, the United Nations Preventive Deployment Force and the
United Nations Peace Forces Headquarters: Report of the Secretary-General’ (20 September
1996) UN Doc A/51/389.
UNGA Res 22 (I) ‘Privileges and Immunities of the United Nations’ (13 February 1946) GAOR
1st Session Part I Resolutions 25.
UNGA Res 217 A (III) ‘Universal Declaration of Human Rights’ (10 December 1948) GAOR 3rd
Session Part I Resolutions 71.
UNGA Res 377 (V) ‘Uniting for Peace’ (3 November 1950) GAOR 5th Session 10.
UNGA Res 2625 (XXV) ‘Declaration on Principles of International Law concerning Friendly
Relations and Cooperation Among States in Accordance with the Charter of the United
Nations’ (24 October 1970) GAOR 25th Session Supp 28, 121.
UNGA Res 66/248 'Programme Budget for the Biennium 2012–2013' (24 December 2011) UN
Doc A/RES/66/248.

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