DR. B.R.

AMBEDKAR NATIONAL LAW UNIVERSITY,

SONEPAT

SUBMITTED TO: SUBMITTED BY

DR. RENU SHARMA SIDDHARTH PANDEY
(ASSOCIATE PROF.) 2001107
SUBJECT: PUBLIC INTERNATIONAL LAW

1
The United Nations (UN) is a diplomatic and political international organization with the
intended purpose of maintaining international peace and security, developing friendly
relations among nations, achieving international cooperation, and serving as a center for
coordinating the actions of member nations. It is widely recognised as the world's largest
international organization. 1 The UN is headquartered in New York City, in international
territory with certain privileges extraterritorial to the United States, and the UN has other
offices in Geneva, Nairobi, Vienna, and The Hague, where the International Court of Justice
is headquartered at the Peace Palace.

The UN was established after World War II with the aim of preventing future world wars, and
succeeded the League of Nations, which was characterized as being ineffective. On 25 April
1945, 50 nations assembled in San Francisco, California, for a conference and initialised the
drafting of the UN Charter, which was adopted on 25 June 1945. The charter took effect on
24 October 1945, when the UN began operations. The UN's objectives, as outlined by its
charter, include maintaining international peace and security, protecting human rights,
delivering humanitarian aid, promoting sustainable development, and upholding international
law. At its founding, the UN had 51 member states; as of 2024, it has 193 sovereign states,
nearly all of the world's recognized sovereign states

The UN's mission to preserve world peace was complicated in its initial decades due in part
to Cold War tensions that existed between the United States and Soviet Union and their
respective allies. Its mission has included the provision of primarily unarmed military
observers and lightly armed troops charged with primarily monitoring, reporting and
confidence-building roles. UN membership grew significantly following the widespread
decolonization in the 1960s. 2 Since then, 80 former colonies have gained independence,
including 11 trust territories that had been monitored by the Trusteeship Council. By the
1970s, the UN's budget for economic and social development programmes vastly exceeded
its spending on peacekeeping. After the end of the Cold War in 1991, the UN shifted and
expanded its field operations, undertaking a wide variety of complex tasks.

1
https://www.cfr.org/backgrounder/un-general-assembly-unga-role
2
https://www.britannica.com/topic/United-Nations/Arms-control-and-disarmament

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The UN comprises six principal operational organizations: the General Assembly, the
Security Council, the Economic and Social Council, the International Court of Justice, the
UN Secretariat, and the Trusteeship Council, although the Trusteeship Council has been
suspended since 1994. The UN System includes a multitude of specialized agencies, funds,
and programmes, including the World Bank Group, the World Health Organization, the World
Food Programme, UNESCO, and UNICEF. Additionally, non-governmental organizations
may be granted consultative status with the Economic and Social Council and other agencies.

The UN's chief administrative officer is the secretary-general, currently António Guterres,
who is a Portuguese politician and diplomat. He began his first five-year term on 1 January
2017 and was re-elected on 8 June 2021. The organization is financed by assessed and
voluntary contributions from its member states.

The UN, its officers, and its agencies have won multiple Nobel Peace Prizes, although other
evaluations of its effectiveness have been contentious. Some commentators believe the
organization to be a leader in peace and human development, while others have criticized it
for ineffectiveness, bias, and corruption.

The United Nations is comprised of five main organs- the General Assembly, the Security
Council, the Economic and Social Council, the Secretariat, and the International Court
of Justice. Historically, a sixth main organ, the Trusteeship Council, played a significant
role in the process of decolonization. 3 The Trusteeship Council suspended its operations in
1994 and is no longer active, but it cannot be formally dissolved without amending the UN
Charter. The six main UN organs are:

3
https://byjus.com/free-ias-prep/united-nations-principal-organs-and-its-affiliates/

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The General Assembly

The General Assembly is the main deliberative organ of the United Nations and includes all
its Members. It may discuss any matter arising under the UN Charter and make
recommendations to UN Members (except on disputes or situations which are being
considered by the Security Council). In the Assembly, each nation, large or small, has one
vote and important decisions are taken by a two-thirds majority vote.

The Assembly meets every year from September to December. Special sessions may be
summoned by the Assembly, at the request of the Security Council, or at the request of a
majority of UN Members.4

The secretary-general must submit a biennial budget to the General Assembly for its
approval. The Charter stipulates that the expenses of the organization shall be borne by
members as apportioned by the General Assembly. The Committee on Contributions prepares
a scale of assessments for all members, based on the general economic level and capacity of
each state, which is also submitted to the General Assembly for approval. The United States
is the largest contributor, though the proportion of its contributions has declined continually,
from some two-fifths at the UN’s founding to one-fourth in 1975 and to about one-fifth in
2000. Other members make larger per capita contributions. The per capita contribution of San
Marino, for example, is roughly four times that of the United States.

A general Convention on the Privileges and Immunities of the United Nations, approved by
the General Assembly in February 1946 and accepted by most of the members, asserts that
the UN possesses juridical personality. The convention also provides for such matters as
immunity from legal process of the property and officials of the UN. 5 An agreement between
the UN and the United States, signed in June 1947, defines the privileges and immunities of
the UN headquarters in New York City.

4
https://en.wikipedia.org/wiki/United_Nations_Trusteeship_Council
5
https://www.cfr.org/backgrounder/un-general-assembly-unga-role

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The U.S. contribution became a controversial issue during the 1990s, when the country
refused to pay its obligations in full and objected to the level of funding it was required to
provide. In 1999 the U.S. Congress passed a UN reform bill, and after intense negotiations
UN members agreed to reduce the U.S. share of the budget and to increase contributions from
other states to make up the shortfall.

When the cost of the special programs, specialized agencies, and peacekeeping operations is
added to the regular budget, the total annual cost of the United Nations system increases
substantially. (Special programs are financed by voluntary contributions from UN members,
and specialized agencies and peacekeeping operations have their own budgets.) Partly
because of a rapid increase in the number of appeals to the UN for peacekeeping and other
assistance after the end of the Cold War and partly because of the failure of some member
states to make timely payments to the organization, the UN has suffered continual and severe
financial crises. 6

The work of the General Assembly is also carried out by its six main committees, the Human
Rights Council, other subsidiary bodies and the UN Secretariat.

The Security Council

The Security Council has primary responsibility under the Charter for maintaining peace and
security. It can be convened at any time, whenever peace is threatened. Member States are
obligated to carry out its decisions. When a threat to peace is brought before the Council, it
usually first asks the parties to reach agreement by peaceful means. If fighting breaks out, the
Council tries to secure a ceasefire. It may then send peacekeeping missions to troubled areas
or call for economic sanctions and embargoes to restore peace.7

The UN's role in international collective security is defined by the UN Charter, which
authorizes the Security Council to investigate any situation threatening international peace;
recommend procedures for peaceful resolution of a dispute; call upon other member nations
to completely or partially interrupt economic relations as well as sea, air, postal and radio
communications, or to sever diplomatic relations; and enforce its decisions militarily, or by

6
https://www.britannica.com/topic/United-Nations-General-Assembly
7
https://www.britannica.com/topic/United-Nations/Arms-control-and-disarmament

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any means necessary. The Security Council also recommends the new Secretary-General to
the General Assembly and recommends new states for admission as member states of the
United Nations. The Security Council has traditionally interpreted its mandate as covering
only military security, though US Ambassador Richard Holbrooke controversially persuaded
the body to pass a resolution on HIV/AIDS in Africa in 2000.

Under Chapter VI of the Charter, "Pacific Settlement of Disputes", the Security Council "may
investigate any dispute, or any situation which might lead to international friction or give rise
to a dispute". The Council may "recommend appropriate procedures or methods of
adjustment" if it determines that the situation might endanger international peace and
security. 8 These recommendations are generally considered to not be binding, as they lack an
enforcement mechanism. A minority of scholars, such as Stephen Zunes, have argued that
resolutions made under Chapter VI are "still directives by the Security Council and differ
only in that they do not have the same stringent enforcement options, such as the use of
military force".

Under Chapter VII, the council has broader power to decide what measures are to be taken in
situations involving "threats to the peace, breaches of the peace, or acts of aggression. 9" In
such situations, the council is not limited to recommendations but may take action, including
the use of armed force "to maintain or restore international peace and security. “This was the
legal basis for UN armed action in Korea in 1950 during the Korean War and the use of
coalition forces in Iraq and Kuwait in 1991 and Libya in 2011. Decisions taken under Chapter
VII, such as economic sanctions, are binding on UN members; the Security Council is the
only UN body with authority to issue binding resolutions.

The Rome Statute of the International Criminal Court recognizes that the Security Council
has authority to refer cases to the Court in which the Court could not otherwise exercise
jurisdiction.10 The Council exercised this power for the first time in March 2005, when it

8
https://www.britannica.com/topic/United-Nations/Economic-welfare-and-cooperation
9
https://en.wikipedia.org/wiki/United_Nations_Trusteeship_Council
10
https://treaties.un.org/pages/ViewDetails.aspx?src=TREATY&mtdsg_no=XVIII-10&chapter=18&clang=_en

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referred to the Court "the situation prevailing in Darfur since 1 July 2002"; since Sudan is not
a party to the Rome Statute, the Court could not otherwise have exercised jurisdiction. The
Security Council made its second such referral in February 2011 when it asked the ICC to
investigate the Libyan government's violent response to the Libyan Civil War. 11

Security Council Resolution 1674, adopted on 28 April 2006, "reaffirms the provisions of
paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the
responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes
against humanity". 12 The Security Council reaffirmed this responsibility to protect in
Resolution 1706 on 31 August of that year. These resolutions commit the Security Council to
protect civilians in an armed conflict, including taking action against genocide, war crimes,
ethnic cleansing and crimes against humanity.

The Council has 15 members, including five permanent members: China, France, the Russian
Federation, the United Kingdom and the United States of America. The other 10 are elected
by the General Assembly on the basis of geographical representation for two-year terms. 13
Decisions require nine votes; except on procedural questions, a decision cannot be taken if
there is a negative vote by a permanent member (known as the “veto”). The Council also
makes recommendations to the General Assembly on the appointment of a new Secretary-
General and on the admission of new members to the UN. Many countries want to expand the
membership of the Council to include new permanent and non-permanent members.

The Economic and Social Council

The Economic and Social Council (ECOSOC) is the central body for coordinating the
economic and social work of the United Nations and the UN family of organizations. It has

11
https://www.icc-cpi.int/about/the-court
12
https://www.un.org/en/about-us/un-charter/chapter-5
13
https://research.un.org/en/unmembers/scmembers

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54 member nations elected from all regions. As much as 70 per cent of the work of the UN
system is devoted to promoting higher standards of living, full employment, and conditions
of economic and social progress and development.14 The Council recommends and directs
activities aimed at promoting economic growth of developing countries, supporting human
rights and fostering world cooperation to fight poverty and under-development.

REFORMS OF SOCIAL COUNCIL

The governance of the multilateral system has historically been complex and fragmented.
This has limited the capacity of ECOSOC to influence international policies in trade, finance,
and investment. Reform proposals aim to enhance the relevance and contribution of the
council. A major reform was approved by the 2005 World Summit based on proposals
submitted by secretary-general Kofi Annan. The Summit aimed to establish ECOSOC as a
quality platform for high-level engagement among member states and with international
financial institutions, the private sector, and civil society on global trends, policies, and
action. It resolved to hold biennial high-level Development Cooperation Forums at the
national-leadership level, transforming the high-level segment of the Council to review trends
in international development cooperation and promote greater coherence in development
activities. 15 At the Summit it was also decided to hold annual ministerial-level substantive
reviews to assess progress in achieving internationally agreed on development goals
(particularly the Millennium Development Goals). These "Annual Ministerial Reviews" will
be replaced by the High-Level Political Forum from 2016 onwards after the new post-
MDG/post-2015 Sustainable Development Goals are agreed upon.

Subsequent proposals by the High-Level Panel Report on System-Wide Coherence in

November 2006 aimed to establish a forum within the ECOSOC as a counter-model to the
exclusive clubs of the G8 and G20. The Forum was to comprise 27 heads of state (L27,
corresponding to half of ECOSOC's membership) to meet annually and provide international
leadership in the development area. This proposal however, was not approved by the General
Assembly.

14
https://www.britannica.com/topic/Economic-and-Social-Council
15
https://byjus.com/free-ias-prep/economic-and-social-council-ecosoc/

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The UN Charter authorizes ECOSOC to grant consultative status to nongovernmental
organizations (NGOs). Three categories of consultative status are recognized: General
Category NGOs (formerly category I) include organizations with multiple goals and
activities; Special Category NGOs (formerly category II) specialize in certain areas of
ECOSOC activities; and Roster NGOs have only an occasional interest in the UN’s activities.
Consultative status enables NGOs to attend ECOSOC meetings, issue reports, and
occasionally testify at meetings. 16 Since the mid-1990s, measures have been adopted to
increase the scope of NGO participation in ECOSOC, in the ad hoc global conferences, and
in other UN activities. By the early 21st century, ECOSOC had granted consultative status to
more than 2,500 NGOs. (Jacques, 2013)

Originally, ECOSOC consisted of representatives from 18 countries, but the Charter was
amended in 1965 and in 1974 to increase the number of members to 54. Members are elected
for three-year terms by the General Assembly. Four of the five permanent members of the
Security Council—the United States, United Kingdom, Soviet Union (Russia), and France—
have been reelected continually because they provide funding for most of ECOSOC’s budget,
which is the largest of any UN subsidiary body. Decisions are taken by simple majority
vote.17

To meet specific needs, the General Assembly has set up a number of specialized agencies,
such as the Food and Agriculture Organization of the United Nations (FAO), the World
Health Organization (WHO) and the UN Educational, Scientific and Cultural Organization
(UNESCO) and programmes such as the UN Development Programme (UNDP), the UN
Children’s Fund (UNICEF) and the Office of the UN High Commissioner for Refugees
(UNHCR). The work of these agencies and programmes is coordinated by ECOSOC.18

16
https://www.dagdok.org/w/dd/en/un-system/economic-and-social-council
17
https://www.unhcr.org/sites/default/files/legacy-pdf/4e1ee75f0.pdf
18
https://www.britannica.com/topic/United-Nations/Economic-welfare-and-cooperation

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The Trusteeship Council

The Trusteeship Council was assigned under the UN Charter to supervise the administration
of Trust Territories — former colonies or dependent territories — which were placed under
the International Trusteeship System. The system was created at the end of the Second World
War to promote the advancement of the inhabitants of those dependent Territories and their
progressive development towards self-government or independence.

In order to implement the provisions on the trusteeship system, the General Assembly passed
resolution 64 on 14 December 1946, which provided for the establishing of the United
Nations Trusteeship Council. The Trusteeship Council held its first session in March 1947.
(Web, 2017)

In March 1948, the United States proposed that the territory of Mandatory Palestine be placed
under UN Trusteeship with the termination of the British Mandate in May 1948 (see
American trusteeship proposal for Palestine). 19 However, the US did not make an effort to
implement this proposal, which became moot with the declaration of the State of Israel.

Under the Charter, the Trusteeship Council was to consist of an equal number of United
Nations Member States administering trust territories and non-administering states. Thus, the
Council was to consist of all U.N. members administering trust territories, the five
permanent members of the Security Council, and as many other non-administering members
as needed to equalize the number of administering and non-administering members, elected
by the General Assembly for renewable three-year terms. Over time, as trust territories
attained independence, the size and workload of the Trusteeship Council was reduced.
Ultimately, the Trusteeship Council came to include only the five permanent Security Council
members (China, France, the Soviet Union/Russian Federation, the United Kingdom, and the
United States), as the only country administering a Trust Territory (the United States) was a
permanent member.20

19
https://www.un.org/en/ccoi/trusteeship-council
20
https://www.britannica.com/topic/Trusteeship-Council

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With the independence of Palau, formerly part of the Trust Territory of the Pacific Islands, in
1994, there presently are no trust territories, leaving the Trusteeship Council without
responsibilities. (Since the Northern Mariana Islands was a part of the Trust Territory of the
Pacific Islands and became a commonwealth of the USA in 1986, it is technically the only
area not to have joined as a part of another state or gained full independence as a sovereign
nation.)21

The Trusteeship Council was not assigned responsibility for colonial territories outside the
trusteeship system, although the Charter did establish the principle that member states were to
administer such territories in conformity with the best interests of their inhabitants.

The Trusteeship Council, which met once each year, consisted of states administering trust
territories, permanent members of the Security Council that did not administer trust
territories, and other UN members elected by the General Assembly. Each member had one
vote, and decisions were taken by a simple majority of those present. 22 With the
independence of Palau, the last remaining trust territory, in 1994, the council terminated its
operations. No longer required to meet annually, the council may meet on the decision of its
president or on a request by a majority of its members, by the General Assembly, or by the
Security Council. Since 1994 new roles for the council have been proposed, including
administering the global commons (e.g., the seabed and outer space) and serving as a forum
for minority and indigenous peoples. (Sam, 2018)

Since the creation of the Trusteeship Council, more than 70 colonial Territories, including all
of the original 11 Trust Territories, have attained independence with the help of the United
Nations. As a result, in 1994, the Council decided formally to suspend its operation and to
meet as and when occasion might require. 23

21
https://research.un.org/en/docs/tc/documents
22
https://www.lewik.org/term/12162/chapter-xiii-the-trusteeship-council-charter-of-the-united-nations/
23
https://en.wikipedia.org/wiki/United_Nations_Trusteeship_Council

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The International Court of Justice

The International Court of Justice (ICJ) is the UN’s main judicial organ. Presiding over the
ICJ, or “World Court”, are 15 judges, each from a different nation, elected by the General
Assembly and Security Council. The Court settles legal disputes between nations only and
not between individuals, in accordance with international law.24 If a country does not wish to
take part in a proceeding it does not have to do so, unless required by special treaty
provisions. Once a country accepts the Court's jurisdiction, it must comply with its decision.

The first permanent institution established for the purpose of settling international disputes
was the Permanent Court of Arbitration (PCA), which was created by the Hague Peace
Conference of 1899. Initiated by the Russian Tsar Nicholas II, the conference involved all the
world's major powers, as well as several smaller states, and resulted in the first multilateral
treaties concerned with the conduct of warfare. 25 Among these was the Convention for the
Pacific Settlement of International Disputes, which set forth the institutional and procedural
framework for arbitral proceedings, which would take place in The Hague, Netherlands.
Although the proceedings would be supported by a permanent bureau—whose functions
would be equivalent to that of a secretariat or court registry—the arbitrators would be
appointed by the disputing states from a larger pool provided by each member of the
convention. The PCA was established in 1900 and began proceedings in 1902. (Cambridge
Companion to International Court of Justice, 2023)

The court’s decisions are binding, and its broad jurisdiction encompasses “all cases which the
parties refer to it and all matters specially provided for in the Charter of the United Nations or
in treaties and conventions in force.” Most importantly, states may not be parties to a dispute
without their consent, though they may accept the compulsory jurisdiction of the court in
specified categories of disputes. The court may give advisory opinions at the request of the
General Assembly or the Security Council or at the request of other organs and specialized
agencies authorized by the General Assembly. Although the court has successfully arbitrated
some cases (e.g., the border dispute between Honduras and El Salvador in 1992),
governments have been reluctant to submit sensitive issues, thereby limiting the court’s
ability to resolve threats to international peace and security. 26 At times countries also have
refused to acknowledge the jurisdiction or the findings of the court. For example, when

24
https://www.un.org/en/about-us/un-charter/statute-of-the-international-court-of-justice
25
https://www.britannica.com/topic/International-Court-of-Justice
26
https://research.un.org/en/docs/icj

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Nicaragua sued the United States in the court in 1984 for mining its harbours, the court found
in favour of Nicaragua, but the United States refused to accept the court’s decision, blocked
Nicaragua’s appeal to the Security Council, and withdrew from the compulsory, or general,
jurisdiction of the court, which it had accepted since 1946.27

The seat of the International Court of Justice is at The Hague in the Netherlands. The offices
of the Court occupy the “Peace Palace”, which was constructed by the Carnegie Foundation,
a private non-profit organization, to serve as the headquarters of the Permanent Court of
International Justice, the predecessor of the present Court. The UN makes an annual
contribution to the Foundation for the use of the building.

The Secretariat

The Secretariat is made up of an international staff working at UN Headquarters in New

York, as well as UN offices in Geneva, Vienna, Nairobi and other locations. It consists of
departments and offices with a total staff of around 16,000, drawn from some 175 countries.
Including civil staff in peacekeeping missions the total number comprises approximately
30,000 staff. Staff members carry out the substantive and administrative work of the United
Nations as directed by the General Assembly, the Security Council and the other organs.28

The UN secretary-general's duties include helping resolve international disputes,

administering peacekeeping operations, organizing international conferences, gathering
information on the implementation of Security Council decisions, and consulting with
member governments regarding various initiatives. Key secretariat offices in this area include
the Office of the Coordinator of Humanitarian Affairs and the Department of Peacekeeping
Operations. The secretary-general may bring to the attention of the Security Council any
matter that, in his or her opinion, may threaten international peace and security. The current
secretary-general of the UN is António Guterres.29

Since its creation, the secretariat has undergone extensive reforms. On 21 March 2005,
Secretary-General Kofi Annan proposed several reforms for the secretariat. He announced his

27
https://www.un.org/en/about-us/main-bodies
28
https://unfccc.int/about-us/about-the-secretariat
29
https://www.dagdok.org/w/dd/en/un-system/secretariat

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intentions to appoint a scientific adviser, create a peacebuilding support office, establish a
cabinet-style decision-making mechanism, and strengthen the mediation function. (Joost,
2022) He also asked the General Assembly to appropriate funds for a one-time staff buyout;
to work with him in revising budgetary and human resources rules; to grant the secretary-
general more managerial authority and flexibility; to strengthen the Office of Internal
Oversight Services; and "to review all mandates older than five years to see whether the
activities concerned are still genuinely needed or whether the resources assigned to them can
be reallocated in response to new and emerging challenges". 30

The Secretariat influences the work of the United Nations to a much greater degree than
indicated in the UN Charter. It is responsible for preparing numerous reports, studies, and
investigations, in addition to the major tasks of translating, interpreting, providing services
for large numbers of meetings, and other work. Under the Charter the staff is to be recruited
mainly on the basis of merit, though there has been a conscious effort to recruit individuals
from different geographic regions. Some members of the Secretariat are engaged on
permanent contracts, but others serve on temporary assignment from their national
governments. In both cases they must take an oath of loyalty to the United Nations and are
not permitted to receive instructions from member governments. 31 The influence of the
Secretariat can be attributed to the fact that the some 9,000 people on its staff are permanent
experts and international civil servants rather than political appointees of member states.

The Secretariat is headed by the Secretary-General. He is appointed by the General Assembly

on the recommendation of the Security Council for a five-year term. As the chief
administrative officer of the Organization, the Secretary-General directs its work. He is also
responsible for implementing decisions taken by the various organs of the United Nations. 32

The Secretary-General may bring to the attention of the Security Council any matter which,
in his opinion, may threaten international peace and security. He may use his “good offices”
to prevent conflicts or promote peaceful settlement of disputes between countries. The
Secretary-General may also act on his own initiative to deal with humanitarian or other
problems of special importance.

30
https://www.un.org/en/model-united-nations/secretariat
31
https://www.un.org/en/about-us/secretariat
32
https://research.un.org/en/docs/secretariat

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Bibliography
Cambridge Companion to International Court of Justice. (2023). Cambridge University Press.

Jacques, F. (2013). United Nations.

Joost, P. (2022). Guardians of the System. American Journal of International Law.

Sam, D. (2018). The Oxford Handbook on United Nations. Oxford University Press.

Web, P. (2017). Important Constituents of UN.

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