17
STRUCTURE AND FUNCTIONS OF THE UNITED NATIONS
The Strength of an organisation depends upon its structure. The well
organised organisation achieves its ends without much difficulties. One of the
important cause for the failure of the League of Nations was its defective
organizational structure. The UNO as such structured in a befitting manner.
ORGANS OF THE UNITED NATIONS
The Charter of the UN establishes six organs of the United Nations. It is
through these organs that the manifold work of the United Nations is carried
out. The principal organs are: the General Assembly, the Security Council, the
Economic and Social Council, the International Court of Justice and the
Secretariat. The General Assembly, the Security Council and, the Economic
and Social Council are authorized to create subsidiary organs consistent with
the provisions of the Charter.
THE GENERAL ASSEMBLY
The General Assembly is the largest of all the organs of the United
Nations. This is the deliberative body of the Organization, which discusses,
every matter within the scope of the chapter.
Structure of the General Assembly:
The General Assembly is the only organ of the UN on which all
members are represented1. When it was established in 1945 its membership
was only 50 and now it has raised to 191. Each member state is entitled to send
five representatives to participate in its deliberations, but each state enjoys only
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one vote. The matters relating to maintenance of peace and security, the
admission, suspension or expulsion of member states, budgetary questions are
decided by the two-third majority of the members present and voting. All other
questions are decided by a simple majority vote. Normally the assembly has to
meet in regular sessions once every year in September but special sessions may
be convened at the request of the Security Council or by a majority of the
member states. The president is elected by the General Assembly for each
session. It also elects seven vice presidents and six working committees.
Functions:
The most important functions of the General Assembly are initiative,
discussion, study and recommendation. It has the right to discuss all questions
and matters within the scope of the Charter and within the activity of the
United Nations. The Assembly is competent to take up and discuss any issue
bearing on the maintenance of peace and security submitted to it by any
member-state by the Security Council or in certain circumstances by non
member and make recommendations either to the Security Council or to the
member states direct.
The General Assembly facilitates the admission of new members and
the choice of members for other organs. It elects the ten non-permanent
members to the Security Council, and all eighteen members of the Trusteeship
Council. The General Assembly also appoints the Secretary General on the
recommendation of the Security Council. It also elects the Judges of the
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International Court of Justice for a period of nine years in concurrence with
Security Council.
The General Assembly receives and considers reports from other organs.
The annual report of the Secretary-General is submitted to it. It considers and
approves the budget of the entire organisation and apportions the expenses
among the members.
Although the primary purpose of the Assembly is "to consider, discuss
and make recommendation," it is by no means an ineffective body. Its moral
authority has been increasing everyday2.
THE SECURITY COUNCIL
The Security Council is often described as "Enforcement Wing" of the
United Nations. Its primary responsibility is to maintain international peace and
security. The Security Council is a smaller body than General Assembly.
Originally it consists of Eleven members, live permanent members(UK, USA,
USSR, France and Russia) and six non-permanent members. In 1965 the
strength of non-permanent members was raised to ten. Thus total membership
of the Council is raised to fifteen. The General Assembly elects non-permanent
members for two years. The non-permanent members are not eligible for
immediate re-election. While electing non-permanent members, the General
Assembly ensures that different geographical regions get equitable distribution.
Each member of the Council has one vote. Each of the permanent
members has the right of Veto on all substantive questions. Abstinence does
not constitute a negative vote nor does absence. A valid decision on all
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substantive questions require ten votes including the votes of the permanent
five. On procedural matters the affirmative votes of any 10 members are
sufficient3.
The Security Council is in permanent session. The interval between
meetings is not to exceed fourteen days. The council is to be ready to meet as
soon as there is a situation or dispute, which threatens the maintenance of
international peace and security.
Powers and Functions:
The Charter confers on the Security. Council the primary responsibility
of maintaining international peace and security. It is responsible for framing
plans for the establishment of a system for the control of armaments. The
United Nations Atomic Energy Commission was set up by virtue of a
resolution of the General Assembly, but it is responsible to and operates under
the supervision of the Security Council. It recommends the General Assembly
to admit new members or suspend or expel the members. It supervises the trust
areas classified as 'strategic'. Any threat to the peace, breach of the peace, act of
aggression of whatever nature is subject to preventive and enforcement action
by the Security Council. Voting simultaneously, but independently, the
Security Council and the General Assembly elect the Judges of International
Court of Justice4.
The Security Council maintains as military staff committee to assist and
advise on all its military requirements including the employment and command
of the armed forces placed at the disposal of the Council and on the regulation
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of armaments and dis-armaments. The Security Council can urge the member-
nations to apply sanctions against an aggressor.
ECONOMIC AND SOCIAL COUNCIL
The Economic and Social Council (ECOSOC) co-ordinates the
economic and social work of the United Nations and the specialised agencies
and institutions, known as the "United Nations Family". The authors of the UN
Charter are quite aware of the economic and social mal adjustments, which
finally leads to violence and war. So in order to avoid such a situation, the
Economic and Social Council was made an important organ of the UN.
Originally the Council had 18 members. Amendments to the Charter,
which came in to force in 1965 and 1973, enlarged the membership
respectively to 27 and 54. So at present its membership is 54. The General
Assembly elects the members for a 3 years term. Every year 1/3 members (18
members) retires. Retiring members are eligible for re-election5. Each country
elected to the Council has one representative with one vote. All decisions are
taken by a simple majority of those present and voting. The Council elects its
own president for one year and meets at least thrice in a year at the seat of the
UN. It may meet elsewhere if it so desires.
Functions and Powers:
According to Article 45 (55) of the Charter, the Council is responsible
for promoting;
a. Higher standards of living, full employment and conditions of
economic and social progress and development.
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b. Solutions of international economic, social health and related
problems; international culture and educational co-operation;
c. Universal respect for and observance of human rights and
fundamental freedoms for all without distinctions as to race, sex,
language and religion.
The Charter makes it obligatory on the part of the Economic and Social
Council to make or initiate studies and prepare reports on international
economic, social, cultural, educational, health and other matters. The Economic
and Social Council also makes recommendation with regard to international
economic, social, cultural, educational, health and related matters to the
General Assembly, the members of the United Nations, the specialised
agencies of the UN. The Economic and Social Council also undertakes the
preparation of draft convention for submission to the General Assembly, with
regard to all matters falling with in its jurisdiction6.
Co-ordinating the work among the specialised agencies is the most
important function of the Economic and Social Council. The specialised
agencies as the term is used in the Charter are the inter-governmental
organizations created by the inter-governmental agreements, having wider
international responsibilities. There are 15 specialized agencies working under
the supervision and guidance of the Economic and Social Council. It also sets
up different commissions for the performance of its functions.
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THE TRUSTEESHIP COUNCIL
Article 86 of the UN Charter envisages the establishment of Trusteeship
Council Consisting of administering states, the five permanent members of the
Security Council. At present there are only five members of the Trusteeship
Council viz, USA, the administering state and four other permanent members
of the Security Council - China, France, Russia and the United Kingdom7.
The Trusteeship Council acts under the authority of the General
Assembly or in case of 'strategic areas' under the authority of the Security
Council. The Trusteeship Council provides for an international Trusteeship
System for the administration and supervision of;
a. The territories placed under it by means of trusteeship agreements
submitted by the administering powers and approved by the United
Nations.
b. The territories held under the mandate system of the League of
Nations and territories detached from enemy states as a result of the
second.
c. The territories voluntarily place under the trusteeship system.
Powers and Functions:
For the well-being of the inhabitants of the trusteeship territories it
undertakes different steps. It treats the inhabitants justly and protect them
against abuse. It ensure to the inhabitants of the trusteeship territories, the
political, economic, social and educational advancement without in any way
undermining their indigenous cultures. It assists the people in the progressive
development of their own free political institution. It considers the report by
administering powers. It examines the petitions from residents of trust
territories, visit trust territories regularly and take other measures in accordance
with the provisions of Trusteeship Agreements.
INTERNATIONAL COURT OF JUSTICE
The International Court of Justice in many respects is a continuation of
the Permanent Court of International Justice under the League of Nations. It is
the principal Judicial organ of the United Nations, with its head quarters at the
Huage in Netherlands. All members of the UN are Ipso facto members of the
International Court of Justice.
The Court consists of fifteen members elected independently by the
General Assembly and the Security Council. The Judges should be persons of
high moral Charter and possess qualification required in their respective
countries for the highest judicial offices or they should be juris consults of
recognized ability in international law. No two of the judges may be nationals
of the same state. The normal term of judges is nine years. The judges elect
from among themselves the President of the Court for a term of three years.
The court is permanently in session, except during judicial vacations. A
quorum of nine judges is necessary to hear a case and all decision are by
majority of the Judges present. If the votes are equal, the President has a
casting vote. Where there is on the court, a Judge of the nationality of one party
to a dispute and more of the other, the other party is permitted to choose a
Judge for the hearing of that dispute.
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Powers and Functions:
The International Court Justice decides the cases in accordance with
International Law, international customs, the general principles of law
recognized by civilized nations; and judicial decisions and the teachings of the
most highly qualified publicists as subsidiary means for the determination of
the rules of law. The Court can decide the cases on the principle of equity if the
parties concerned agree.
The jurisdiction of the International Court of Justice extends to cases,
which involve the interpretation of a treaty, questions of International Law, the
existence of any fact which, it established, would constitute breach of an
international obligation and the nature or extent of the reparation to be made
for wrongs suffered by a state. Several nations have signed the so-called
"optional clause” by which they have agreed that the Court may try all cases or
all cases relating to specified subjects, which may arise in future. But most
countries have specified a limited number of subjects. Once a case has been
brought before the Court, the parties to the dispute must abide by its obligation
under a judgment of the Court. The Security Council is empowered by the
character to make recommendations or decide upon measure to be taken to give
effect to the judgement.
THE SECRETARIAT
The Secretariat coordinates and administers the programmes and
policies laid down by the organisation. The Secretary General, who is the Chief
Administrative Officer of the United Nations, is appointed by the General
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Assembly on the recommendation of Security Council for a five-year
renewable term. The Secretariat staff is appointed by the Secretary General
under regulations framed by the General Assembly. The staff of the Secretariat
consist of over 2500 men and women drawn from over 150 countries. They are
International civil servants pledged to work for the United Nations. While
joining duty they have to take an oath not to seek or receive instructions from
their governments or any other outside authority. The member states have also
pledged to respect the exclusively international Charter of the responsibilities
of the Secretary General and the staff and not to influence them in the
discharge of their duties. The Secretariat has nine departments. Each under an
Assistant Secretary General.
Powers and Functions:
The Secretariat assist the UN in its varied activities such as
administration of peace-keeping operations organisation of international
conferences on problems of world wide concern, survey of world economic and
social trends and problems, preparation of studies on subjects like human
rights, disarmament and development. It interprets the speeches and translates
documents and provides information about the United Nations to the World
communication media. The Secretary-General can bring to the attention of the
Security Council any matter, which poses a threat to International peace and
security. He can also use his good offices to resolve International disputes8.
The Secretary General performs various duties in relation to the Security
Council, the General Assembly, the summoning of special session of the
General Assembly, the receiving of reports from countries administering, non
self governing territories, the registration of treaties and the election of Judges
to the International Court of Justice. One of his special privileges is to bring to
notice of the Security Council any matter which in his opinion is a threat to the
maintenance of intentional peace and security.
SPECIALIZED AGENCIES OF UNO
The United Nations Organisation is not only concerned with
establishment of peace and security in the world but also expected to promote
higher standards of living, full employment and conditions of economic and
social progress and development. It is charged with the duty of providing
solutions for the International economic, social, health and related problems
and promoting universal respect for and observance of human rights and
fundamental freedoms for all without any distinction of race, sex, language and
religion. In this task the United Nations is assisted by number of specialised
agencies, which though not a part of the world body play an important role in
this regard.
The specialised agencies can be broadly classified into four categories:
1. First, there are some agencies like International Civil Aviation
Organisation (ICAO), World Meteorological Organisation (WMO),
International Maritime Consultative Organisation (IMCO), Universal
Postal Union (UPU) and International Telecommunication Union
(ITU), which are concerned with technical matters.
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2. Secondly, there are agencies like the International Labour
Organisation (ILO), United Nations Educational, Scientific and
Cultural Organisation(UNESCO) and World Health Organisation
(WHO) which are concerned with social and humanitarian activities.
3. Thirdly, there are agencies like International Bank for
Reconstruction and Development (IBRD) (the World Bank),
International Development Association (IDA), International
Monitory Fund (IMF) etc. which are concerned with financial and
economic development.
4. Finally, there are agencies like Food and Agriculture Organisation
(FAO) and International Trade Organisation, which are concerned
purely with economic problems.
All specialised agencies fall in one of the above noted categories, Some
of these agencies like Universal Postal Union have largest membership than the
United Nations. Almost all these agencies work through a Central Bureau. In
addition they have general assemblies composed of representatives of the
member states and a secretariat.
UNITED NATIONS EDUCATIONAL, SCIENTIFIC AND CULTURAL ORGANISATION
(UNESCO)
It came into existence in November-1946, and was recognised as a
specialised agency of the United Nations in December 19469. The organisation
of UNESCO consists of a General Conference, an Executive Board and the
Secretariat. The General Conference, which is the governing body of the
29
organisation, consists of representatives of the member states. Each member
state can send up to five delegates but possess only one vote. The Executive
Board is composed of 51 members elected by General Conference from
amongst delegates appointed by the member states. The members of the
Executive Board are elected for three years. The Board meets at least twice in a
year. The Executive Board is responsible for the execution of programmes
adopted by the Conference. The Secretariat is headed by the Director General,
who is appointed by the General Conference on the recommendations of the
Executive Board for a period of Six Years.
The UNESCO mainly performs three types of functions. In the first
place it promote education among children as well as adults. It provides
educational materials, books, fellowships and study grants to the war
devastated countries. It helps in the promotion of education by providing
advice and expert assistance on matters like teachers training, school
construction, preparation of curricula and text books etc.
The UNESCO has also attached great importance to problems of human
rights and socio-economic implications of disarmament. It helps the member
states in the preservation and protection of their cultural heritage and gives
every possible encouragement to artistic activities. The UNESCO tries to
promote a spirit of intellectual co-operation amongst the people of different
countries of the world with a view to promote peace.
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THE INTERNATIONAL LABOUR ORGANISATION (ILO)
This organisation was created in April 1919 as a part of the League of
Nations. In 1946 it became the first specialised agency of the United Nations. It
has three organs, viz., International Labour Conference, the Governing Body
and the International Labour Office. The International Labour Conference is
the General Conference of the member states. Each member sends four
delegates to the General Conference. These delegates represent the government
(2), Workers(l), and employers (1). The Governing Body of ILO consists of 56
memebrs - 28 representing the Government, 14 representing the employers and
14 representing the workers. The Governing Body elects a Chairman and a
Vice-Chairman for one year from amongst its members. The governing body
appoints the International Labour Office. The International Labour Office is a
sort of Secretariat of the ILO. In addition it also acts as World Information
Centre and Publishing House. The Director General appointed by the
Governing Body heads the office.
Main Functions:
1. It tries to raise the standards of the workers by setting International
Labour Standards through International Conventions.
2. It prevents unemployment and conducts comprehensive studies of
the factors, which can help in achieving the objective of full
employment.
3. It looks after the problems of social security of employees in
industry, commerce and agriculture.
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4. It tries to improve the working conditions of the merchant sailors.
5. It encourages the employees as well as employers to form their own
associations.
6. It pays special attention to the problems of women and children.
7. It provides technical assistance to members states.50
THE WORLD HEALTH ORGANISATION (WHO)
The World Health Organisation came into being on 7th April 1948 when
26 United Nations members ratified its constitution. Its membership is open to
all the members of the UNO. The states, which are not members of UNO can
become member of WHO after their application is approved by the Health
Assembly. Non-sovereign states and territories can become its associate
members. It aims at creating proper health conditions through international co
operation.
The organisation of the WHO consists of the World Health Assembly,
the Executive Board, and the Secretariat. The World Health Assembly is
composed of representatives of all the member states. The Assembly holds
annual meetings and it is responsible for laying down general policies. The
Assembly appoints the Director General, who heads the secretariat. The
Executive Board consists of 31 members. These members are selected by the
World Health Assembly from amongst person most qualified by their technical
competence in the field of health. These members are elected for three years.
The Board carries out the decision of the Assembly 1'.
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Functions:
The WHO performs following functions:
1. The WHO to prevent the spread of disease by providing assistance to
the states, to check the disease at the source, to prevent it from
spreading to other countries.
2. The WHO tries to cure the disease once it has spread, by imparting
scientific knowledge about the disease and suggesting ways to
compact the same.
3. The WHO provides training to personnels of different states for the
prevention of diseases.
4. The WHO helps the members states to improve the heath
administration by imparting education regarding health through
seminars, conferences and training projects to deal with problems
like environmental, hygiene, eradication of disease, control of
disease etc.
FOOD AND AGRICULTURE ORGANISATION (FAO)
The FAO has founded at a conference in Quebec on 16 October 1945
with a view to find out means for developing and maintaining an adequate food
supply by encouraging the use of modem tools and methods, serving existing
food supplies, searching new sources etc. The FAO like other agencies also
operates through three organs, viz., the Conference, the Council and the
Secretariat. The Conference consists of representatives of member states with
each such state enjoying only one vote. The conference decides the policy of
the organisation. The Council consists of 49 members elected by the
Conference. It discharges all the functions of the Conference during the
intervening period between its sessions. The secretariat is headed as by the
Director General Choosen by the conference. The Secretariat has five
Technical divisions. In addition it has certain regional offices as well.
Functions:
The Main functions of the FAO includes the following.
1. It collects, analyses, interprets and disseminates information relating
to nutrition, food and agriculture. It has setup an International
Emergency Food Council which recommends allocation of scare
food stuffs and other products among the importing countries.
2. It provides technical assistance to the members states to improve
food production.
3. It helps in combating various animal and plant diseases. It has done
valuable work in this regard by inventing new vaccines and
medicines. It also helps in controlling the locust.
4. It helps the countries in increasing production of food stuffs by
developing and introducing new seeds and methods of cultivation. It
also helps in promoting fishery by suggesting new methods.
5. It seeks to check disease among children resulting from malnutrition
INTERNATIONAL MONETARY FUND(IMF)
The organisation of the IMF comprise of Board of Governors, the
Executive Board and the Managing Director. The Board of Governors is the
34
highest authority and comprises of representatives of all the member states. It
meets once a year. The daily business of the fund is conducted by the
Executive Board comprising Director. The Managing Director also acts as the
Chief of staff of more than 1700 international civil servants. It helps to promote
International monetary co-operation through permanent institution which
provides the Machinery for consultation and collaboration on international
monetary problems. It facilitate the expansion and balanced growth of
international trade and to promote high levels of employment and real
income12. It aims to promote exchange stability and maintain orderly exchange
arrangements among members. It also provide fund resource available to the
members with a view to correct mal- adjustment in the balance of payments
without resorting to measures destructive of national or international
prosperity.
The necessary funds for the IMF are contributed by the members.
Actually in the IMF the states have been accorded weightage of voting in
accordance with their contributions to the fund which gives an advantages to
countries like UK and USA. As a result of this, changes can be effected only
with the consent of these two countries.
INTERNATIONAL BANK FOR RECONSTRUCTION AND DEVELOPMENT
The IBRD came into existence in December 1945 and was accorded the
status of a special agency of the UN in November 1947. All powers of Bank
are vested in the Board of Governors, which meets annually and consists of one
Governor and one Alternate appointed by each member. The Board has
35
delegated most of its powers to twenty Executive Directors, who meet at least
once in a month. They function as a Board. The President of the Bank is
selected by the Executive Director and serves as their Chairman. Subject to the
general direction of the executive directors on questions of policy, he is
responsible for conducting the business of the bank.
The International Bank for Reconstruction and Development is an
essential adjunct to the International Monetary Fund. The primary purpose of
the Bank is as its title indicates, to assist the reconstruction and development of
member states and this is to be achieved by facilitating the investment of
capital for productive purpose. It makes loans to members-governments and
govt, agencies of private enterprises under governmental guarantee.
UNITED NATIONS INTERNATIONAL CHILDREN EMERGENCY FUND (UNICEF)
The UNICEF was created in December 1946 through a resolution of the
UN General Assembly with a view to help those countries with money, goods
and services, who are unable to meet the needs of their children out of their
own resources. The UNICEF works through an Executive Board of 41
members designated by the Economic and Social Council of the UN. It also has
an Executive Director who is appointed by the General Secretary of UNO in
consultation with the members of the Executive Board. The necessary funds for
the UNICEF are raised through voluntary contributions of governments,
persons and organisations. Roughly three-quarter of its income is from
government and the remainder from general public. The UNICEF renders
assistance in providing balanced food to children and provides assistance in
36
providing to them protective food like milk, meat, fish, fats, fish liver oil etc. It
also co-operates with other organisations for the improvement of children’s is
health and provision of clothing.
UNIVERSAL POSTAL UNION (UPU)
The Universal Postal Union has established in 1874 by the Berne Treaty
with a view to overcome the difficulties which the states were facing with
regard to International mail. This union has to administer the services necessary
for uniting the world in a single postal territory for the reciprocal exchange of
correspondence. Most of the states are members of this Union despite their
ideological differences. The Universal Postal Union works through a central
office, the International Bureau, headed by the Director General. The Bureau is
responsible for the Collections.
The Universal Postal Union Compiles useful information regarding the
list of airports, air-mail lines, world map of surface communication routes, a
directory of post offices etc. The Bureau also brings out a monthly journal in a
number of languages to keep the members informed about the latest
developments. The Universal Postal Union has greatly contributed to the
creation and maintenance of conditions for free flow of message among the
people of the world and they contributed to the promotion of world peace and
fraternity of nations.
INFERENCE
Because of the vast changes that have come about in the structure and
composition of International Society since the organisation came into existence
37
fifty years ago, it is widely acknowledged that the U.N. Charter and the
organisation it self are out dated in many ways. There is even a demand for a
revision of the Charter and for changes in the structure and functioning of the
Organisation. However, owing to lack of consensus among member states, the
matter is still being debated. So far we have had only five amendments largely
in respect of the composition of the Security Council and the Economic
Council. The Trusteeship Council is in the process of being wound up because
it has fulfilled the purpose for which it has set up. There is need for many more
changes in the Charter and in the structure and functioning of the organisation.
As of today, however, there is no consensus even on the essential major
changes. As for the composition of the Security Council, member states of the
organisation, which are not permanent members of the Security Council are
aggrieved that the composition of the Security Council is un-democratic and
unrepresentative. On 31 August 1965 the number of non-permanent members
were enlarged from six to the present ten. Since the strength of the United
Nations has steadily rises to 191 states. This has rendered the number of non
permanent members hopelessly inadequate.
India is demanding for the inclusion of some African, Asian and Latin
American member state as permanent members in the Security Council. There
is no consensus so far particularly among the present permanent members of
the Security Council beyond that Germany and Japan might be considered for
permanent membership. The members of the Non-aligned Movement (NAM)
now membering 115 and who comprise over two-thirds of the UN membership,
38
are especially vocal about this subject. India criticised that the elevation of just
Germany and Japan would mean converting the Security Council into a club of
rich states-like the organisation for European Economic Cooperation.
A major criticism urged by the vast majority of member states during
the last five decades centres round the use (or misuse) of the power of Veto by
the permanent members of the Security Council. India claimed that a
significant benefit acquiring from the end of the cold war is the nonuse of that
power on a wider plane, as Krishna Menon once remarked, the power of Veto
exclusively in the hands of the Great Powers is only symptom of a disease, the
disease itself being lack of understanding among the Great Powers.
39
REFERENCES
1. S Rama Melkote and A. Narasimha Rao, . International Relations.
Sterling Publishers Pvt. Ltd., Banglore, 1992, p. 146.
2. Urmila Shrma and S.K. Sharma, International Relations ( Since world
War II), Atlantic Publishers and Distributors, New Delhi, 1997, p. 122.
3. J.A. Naik, A Text Book of International Relations, Me Millan India Ltd.,
New Delhi, 1995, p. 152.
4. V.N. Khanna, International Relations, Vikas Publishing House Pvt. Ltd.
New Delhi, p. 382.
5. Ibid, p. 383.
6. Hans J. Morgenthau; Kenneth W. Thomson, Politics Among Nations,
Kalyani Publishers, New Delhi, 1985, p.169.
7. L.N Srivatsava,. International Relations (From 1914 to Present Day),
S.B.D. Publication and Distributors, New Delhi, 1993, p. 1.90.
8. Urmila sharma and S.K.Sharma, Op. Cit., p. 139.
9. A.C. Roy, International Relations since -1919, the World Press Pvt. Ltd.,
Cultutta, 1994, p. 189.
10. V.D. Mahajan, International Relations since 1900, S.Chand & Company,
New Delhi, 1986, p. 294.
-oOo-