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(..13..)
International Organisations
SYNOPSIS
I. Introduction-
II. Definition and Essentials of International Organisations-
1. According to Tunkin-
2. According to Wojeiech Morowiecki-
3. According to S. J. R. Bilgrmi-
Elements / Essentials of “International Organisations’-
1. Associations of States-
2. Set up through treaties-
3. Established for specific purposes-
4. Possesses international personality-
5. Created according to the rules of international law-
III. International Organisations-
Development of international organizations-
A) League of Nations-
(a) The Assembly-
(b) The Council-
(i) Permanent Members-
(ii) Non-Permanent members-
(c) The Secretariat-
B) United Nations Organisation-
a) Historical Background-
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b) Objectives / Purposes of the U.N.-
c) Principles of the U.N.-
d) Membership of the U.N.-
i) Original Members (Art. 3)-
ii) Subsequent members (Art. 4)-
e) Expulsion of the member (Art. 6)-
f) Composition / Organisations of the United Nations-
(1). The General Assembly-
a. Introduction-
b. Voting Procedure-
c. Powers and functions of the General Assembly-
1. Deliberative Functions-
2. Promotion of International Cooperation-
3. Supervisory Functions-
4. Financial Functions-
5. Functions relating to elections-
6. Constitutive Functions-
d. Effects of the resolutions of the General Assembly-
(2) The Security Council-
a. Introduction-
b. Composition-
c. Voting procedure-
d. Veto-
e. Double Veto-
Criticism of Veto power-
f. Functions and Powers of the Council-
(i) To maintain International peace and security-
(a) By peaceful means-
(b) By taking enforcement actions-
(ii) Elective Functions-
(iii) Supervisory Functions-
(iv) Constituent Functions (Art. 108)-
(3) Secretory of the United Nations-
a. Introduction-
b. Composition-
c. Powers and Functions of the Secretary General-
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(i). To act in the capacity of Secretary General-
(ii). To perform other functions-
(iii). To make an annual report-
(iv). Notify matters to General Assembly-
(v). To invite Security Council’s Attention-
(vi). To convey special session of the General Assembly-
(vii). To perform task of negotiation etc.-
(viii). Aid and advice-
(4) The Trusteeship Council-
(a). Introduction-
(b). Objects of the Trusteeship Council-
(i). To further International peace and security.
(ii). To Secure the advancement of inhabitants
(iii). To encourage respect for human rights-
(iv). To ensure equal treatment-
(c). Composition of the Trusteeship Council (Art. 86)-
(d). Voting System (Art. 89)-
(e). Functions and powers-
(i). To Consider Reports-
(ii). To Accept petitions-
(iii). To provide periodic visits-
(iv). To perform other actions-
(v). Present functioning of the Council-
(5) International Court of Justice
a. Introduction-
b. Composition and Structure of the ICJ-
c. Quorum-
d. Jurisdiction of the Court-
(i). Contentious Jurisdiction-
(a) Voluntary Jurisdiction-
(b). Ad hoc Jurisdiction-
(c). Optional or Compulsory jurisdiction-
(i) By making the declaration-
(ii) By the declarations under the earlier
statute-
(ii). Advisory Jurisdiction (Art. 65 to 68).-
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Nature of Advisory Opinion-
e. Immunities of the Judges-
f. The Law applied by the Court-
g. Role of the Court in the development of International law-
IV. Specialised Agencies of the United Nations-
1. Aims or objectives of the Specialised Agencies-
2. Characteristics of the Specialized Agencies-
3. Specialised Agencies of the United Nations-
[Special Note- This topic is not prescribed in the syllabus for some Universities.
However, students are advised to go through this topic for better understanding and
knowledge of International Law]]
I. Introduction-
International law is meaningless unless there is machinery to make and execute
it. Therefore, we will discuss important Organisations at the International level.
II. Definition of International Organisations-
We will discuss some of the definitions of ‘International Organization’ as follows.
1. According to Tunkin-
Tunkin defines ‘International Organisation’ as
i) an association of States,
ii) established on the basis of a treaty,
iii) in accordance with International law,
iv) in order to achieve specific objectives.
v) it possesses a system of organs and rights, and duties.
vi) that are distinct from those of member states.
2. According to Wojeiech Morowiecki-
International Organisation is a –
i. form of cooperation.
ii. of sovereign States,
iii. based on multilateral international agreements, and
iv. comprising a relatively stable range of participants
v. the fundamental features of which is
(a) the existence of permeant organs, and
(b) with definite competencies and powers
(c) acting to carry out common aims.
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3. According to S. J. R. Bilgrmi-
‘International Organisation’-
i) is the process by which,
ii) State establish and develop
iii) formal continuing international structures
iv. for the conduct of certain aspects of their relationship with each other.
v. it represents a reaction-
(a) to the extreme decentralisation of the traditional system of international
relations and
(b) the constantly increasing complexes of the independence of States.
Elements / Essentials of “International Organisations-
From the above definitions, we may lay down the following characteristics/
essentials of “International Organisations-
1. Associations of States-
International Organizations are the associations of States. Therefore, they are
sometimes described as ‘inter-governmental organisations’. The United Nations is the
best example of an ‘International association’. States represent themselves through their
‘official delegation’ in such associations.
2. Set up through treaties-
Treaties are established by States to establish international organisations. Treaties
form the foundation of an organisation, or treaties are the association's constitution.
3. Established for specific purposes-
International organisations are established for specific purposes mentioned in the
treaty constitution.
4. Possesses international personality-
The international organisation possesses a separate international personality.
Which gates distinct rights and duties.
5. Created according to the rules of international law-
International organisations are created according to international law.
III. International Organisations-
Development of international organisations-
International organisations started in the 19th century, specifically in Europe. The
development and inventions in European countries' means of communication,
transportation, etc., paved the way for the formation of international organisations.
In fact, before that, in the 17th and 18th centuries, conferences were held in all
European countries to resolve disputes among the European States. The instances of
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those conferences were the Congress of Westphalia of 1648 and Utrecht of 1717.
However, these conferences were convened for a specific purpose and ended with the
completion of that purpose. These purposes were to reach agreements after the war on
territorial changes and adjustments.
However, the 19th Century witnessed real steps towards the formation of
‘International organisations’. In this Century, International Conferences frequently
started meetings, even in peacetime, for subjects other than settlements after the war.
Frequent conferences paved the way for some ‘International administrative agencies' and
International public unions. Examples of such Unions are the Universal Telegraphic
Union (1865), the Universal Postal Union (1874), the International Bureau of Weights
and Measures (1875), etc.
The Hague Conferences in 1899 and 1907 also greatly contributed to the
development of ‘International organisations’. The conference established a permanent
Court of Arbitration for resolving disputes, the convention on laws and customs of Land
and naval warfare, etc.
A) League of Nations-
The experiences of the Hague Conferences and the devastating effects of World
War I led some right-minded individuals in England and America to propose the League
of Nations scheme. The main purpose of the League of Nations concept was to avoid
future wars.
The League of Nations was established on 10 June 1920 after thorough
deliberations. Its object was to maintain peace and security and to promote International
cooperation.
The League of Nations had the following organs-
(a) The Assembly-
The Assembly was represented by all the members of the League. Each member
of the League could send three representatives to the assembly; however, they all had
one vote. The Assembly was to meet at least once a year and more times if required.
The Assembly was to deal with any matter within the League's sphere of action or
affecting the world's peace.
(b) The Council-
The Council was the executive organ of the League. The Council was constituted
of-
(i) Permanent Members-
Permanent Members were those Great Powers who were members of the League.
Such as the U.S.A., the British Empire, France, Italy and Japan. However, the U.S.A.
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did not join the League.
(ii) Non-Permanent members-
There were eleven non-permanent members of the League.
The Council could deal with any matter within the sphere of action of the League
or affecting world peace.
(c) The Secretariat-
The Secretariat was headed by a Secretary General, appointed by the Council with
the approval of the majority of the members of the Assembly.
It was to assist all League organs by providing services such as research, drafting,
publication, coordination, registration of treaties, and arrangements of meetings.
However, due to its shortcomings, the League failed to perform its functions and
promote peace. The League ceased its activities during World War II and was dissolved
by the Assembly in 1946.
A) United Nations Organisation-
a) Historical Background-
The League of Nations failed to perform its functions. It could not prevent frequent
wars and World War II. However, the horror and ruthless destruction caused by World
War II slackened the whole of humanity. Therefore, even while World War II was not
finished, many Allied powers favoured the creation of an International organisation.
After WW II, the declaration to create an international organisation intensified,
resulting in the formation of the United Nations Organization on Oct. 24, 1945.
American President Roosevelt coined the name “United Nations Organisation” in 1942.
Subsequently, the same name was adopted in 1945.
However, the UNO did not come into existence without discussions at many
conferences. Prominent among them are as follows-
1. The Declaration of St. James Palace (June 12, 1941).
2. Atlantic Charter (ON August 14, 1941).
3. Washington Conference (January 1, 1942) (Also known as ‘United Nations
Declaration).
4. Moscow Declaration (On Oct. 30, 1943).
5. Tehran Declaration (On Dec. 1, 1943).
6. Dumbarton Oaks Declaration (August 21, 1944, and Oct. 7, 1943).
7. Yalta Conference (On Feb. 11, 1945) and
8. San Francisco Conference (On April 25, Jun 26- 1945).
After earlier conferences, the delegates of 50 nations met in San Francisco from
April 25 to June 26, and the Charter was finally signed by all 50 nations unanimously;
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India was one of the original signatories (even before independence). The Charter came
into force on 24 October 1945.
The Charter consists of 111 Articles divided into 19 Chapters. The U.N. has its
flag on which global is imprinted.
b) Objectives / Purposes of the U.N.-
The objects or purposes of the U.N. are mentioned in its preamble and elaborated
by Art. 1 of the Charter. We may summarise them as follows-
1. Maintenance of International peace and security.
2. Promotion of friendly relations among nations/states.
3. To achieve International cooperation.
4. To make the U.N. an International Forum for harmonisation.
c) Principles of the U.N.-
Art. 2 of the Charter lays down the basic principles as which the U.N. is founded,
viz.-
1. The Principle of sovereign equality-
2. The Principle of the Fulfilment of Obligations.
3. The Principle of peaceful settlement of an International dispute.
4. The Principle of non-use of force.
5. The Principle of Assistance to the U.N.
6. The Principle for non-member States.
7. The Principle of non-intervention in Domestic matters of a State.
d) Membership of the U.N.-
There are two categories of members-
i) Original Members (Art. 3)-
The original members are the States that participated in the San Francisco
conference, signed the U.N. declaration, and ratified it.
ii) Subsequent members (Art. 4)-
The state may be admitted to the UNO on the Security Council's affirmative
recommendations and by the General Assembly's election by a two-thirds majority.
However, affirmative votes of 9 members of the Security Council, including five
permanent members, were necessary.
The State shall also comply following five conditions, viz.-
1. it must be a State.
2. It must be peace-loving.
3. It must accept the obligations of the Charter.
4. It must be willing to carry on these obligations and
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5. it must be able to carry out these obligations.
Presently, there are 193 sovereign member States of the United Nations.
e) Expulsion of the member (Art. 6)-
Any member state that persistently violated the principles contained in the United
Nations charge may be expelled by the General Assembly upon the recommendations of
the Security Council. However, it requires nine affirmative votes of the Security Council,
including those of the permanent members and a decision by the General Assembly to a
two-thirds majority.
Similarly, as per Art. 5, membership may be suspended if the member states
against which preventive or enforcement action is taken by the Security Council.
f). Composition / Organisation of the United Nations-
The United Nations has the following six organs to achieve the above objectives.-
(1). The General Assembly-
a. Introduction-
The General Assembly is one of the principal organs of the United Nations. It is
the main deliberative and policy-making body. Chapter IV, from Art. 9 to 22 of the United
Nations Charter, contains the provisions relating to the General Assembly.
The Assembly shall consist of all the members of the United Nations (Art. 9). Each
Member State possesses an equal status irrespective of its size, power, and importance.
The member states shall have no more than five representatives in the Assembly.
The Assembly, at every session, elects a President, twenty-one vice-presidents and
the Chairman of the Assembly’s six main Committees. They hold office till the close of
the Session at which they are elected.
The Assembly meets in regular annual sessions beginning each year on Tuesday
in September and continuing until mid-December. In addition to its regular annual
sessions, the Secretary-General will carry out the Special Session at the request of the
Security Council or of a majority of the Assembly members.
b. Voting Procedure-
Each member of the General Assembly has one vote. Decisions of the Assembly
on important questions require two-thirds of the majority of members present and voting.
Such important questions or matters are the maintenance of International peace and
security, the election of non-permanent members, the election of other members of the
Economic and Social Council, the administration of new members to the United Nations,
etc. Decisions on other questions require a simple majority of the members present and
voting.
c. Powers and functions of the General Assembly-
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The functions of the Assembly are laid down under the United Nations Charter as
follows-
1. Deliberative Functions-
The Assembly is essentially a deliberative body. It discusses, studies, makes
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recommendations, and passes resolutions on matters before it.
It has the power of discussion, investigation, review, supervision, criticism, etc.
The Assembly may discuss any question or matter within the scope of the United Nations
Charter. After discussion, the Assembly may make recommendations to the Security
Council or the member Stets. However, the Assembly cannot discuss or make
recommendations on any dispute or situation under consideration by the Security
Council. The restriction is imposed to avoid conflict between the Security Council and
the Assembly.
2. Promotion of International Cooperation-
The Assembly may consider the general principles of cooperation in maintaining
International peace and security, including the principles governing disarmament and the
regulation of armaments. It may make recommendations about such principles applicable
to the members, to the Security Council or both. It can call the attention of the Security
Council to situations that are likely to endanger international peace and security.
The General Assembly shall promote International cooperation in political,
economic, social, cultural, educational, health, etc. It must also assist in securing human
rights and fundamental freedoms for all without distinction as to race, sex, language, or
religion.
3. Supervisory Functions-
The Assembly is a principal organ of the United Nations; therefore, it supervises
the Economic and Social Council, the Trusteeship Council, and other organisations and
organs of the United Nations. The General Assembly's supervisory power extends to all
18 independent specialised agencies and 14 major programmes and funds of the United
Nations. The Annual Reports of these organisations are submitted to the Assembly.
4. Financial Functions-
The General Assembly performs important financial functions of the United
Nations. It considers and approves the budget of the United Nations Organisation [Art.
17, Para 2]. It also considers and approves financial and budgetary arrangements relating
to specialised agencies.
5. Functions relating to elections-
The General Assembly performs very important functions in elections. It elects
some or all members of the different organs of the United Nations, including the Security
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Council, Economic and Social Council, Trusteeship Council, Judges of the International
Court of Justice, Secretary General, etc.
6. Constitutive Functions-
The General Assembly performs important functions relating to the Charter of the
United Nations amendment. Amendments to the United Nations Charter take place
through voting among the members of the General Assembly.
c. Effects of the resolutions of the General Assembly-
While performing its functions mentioned above, by adopting resolutions, the
General Assembly makes recommendations to the Security Council or the members or
to both or to non-members of the United Nations. However, the question arises regarding
the legal effect of its recommendations or resolutions adopted by the General Assembly.
In fact, the United Nations Charter has not conferred any law-making power on
the Assembly; therefore, its decisions, by way of recommendations, do not create any
legal obligations on its members by whatever majority they may have adopted. In other
words, we may say that the Assembly is incompetent to implement its recommendations.
These principles, at the most, can be called principles of morality.
Many problems in the world were not resolved due to the non-binding force of the
Assembly's recommendations and resolutions.
(2). The Security Council:-
a. Introduction-
The Security Council is one of the important organisations of the United Nations.
Chapter V of the Charter from Art. 23 to 27 deals with the Security Council.
The main object of the Council is to assist peace and security (Art. 24).
b. Composition-
The Council originally consisted of eleven members. However, by an amendment
in the Charter in 1965, the number of members was raised to fifteen. Out of the fifteen
members, five are permanent members. The five permanent members are China, France,
Russia, Britain (UK) and America (USA).
The other ten members are called non-permanent members. Non-permanent
members are elected by the General Assembly for two years. However, each year
election of five members takes place when an equal number of members retire. The
position is made with the object of avoiding the situation of retiring all members at the
time. A retiring member is not eligible for immediate reelection. The rationale behind
this is that the other members should become eligible for membership in the Council.
Each Council member state shall have one representative in the Council at all its
meetings.
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While electing non-permanent members of the Council, their contribution to
maintaining International peace and security and other purposes is considered.
Moreover, the equitable geographical distribution of membership is also considered.
Even the State, which is not either a member or non-member of the council, may also
participate in the Council’s discussion. The Council elects a President to preside over its
meetings. The Council generally meets at the Headquarters.
c. Voting procedure-
Each member of a Council has one vote. Decisions of the Council on procedural
matters are taken by the affirmative vote of nine members. On all other matters, decisions
are made by an affirmative vote of nine members, including concurring votes of the
permanent members. However, the party to the dispute shall abstain from voting.
d. Veto-
The right to reject a resolution passed by others is called a veto. The veto is the
power to prevent decisions by negative votes vested in the Council's five permanent
members. In other words, any permanent member State can negate any decision passed
by the other member of the Council even though it is passed unanimously.
The object of giving veto rights to five militarily big states was to avoid any
military conflict among them. Another object was to avoid the situation of halting
decisions of big states by small states by allowing them equal votes.
Now, with the veto power, Big Five powers are in a position to dominate over
other states and are themselves above the law. Due to veto rights, any permanent member
state negates any action by other members of the Council.
The veto power has been used by its members more than 265 times, which shows
that many decisions related to maintaining peace and security in the world have been
halted.
e. Double Veto-
The permanent members of the Council may exercise the right of veto on two
different occasions. Firstly, at the time of deciding the nature of the matter, i.e., whether
it is procedural or non-procedural.
As we have already discussed, the Council's decisions on procedural matters are
taken by the affirmative votes of nine members. In contrast, on all other matters,
decisions are taken by an affirmative vote of nine members, including the concurring
veto of the permanent members. In other words, we may say that permanent members
have the right to veto non-procedural matters. However, the permanent members can
veto when deciding whether the matter is procedural.
Any of the matters decided as procedural by the President of the Council may turn
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non-procedural if any of the members of the Council use its veto right. Secondly, the
permanent members have veto rights while deciding non-procedural matters. Thus, the
veto power on the above-mentioned two occasions is called a ‘double veto’.
The right of veto was exercised in many cases, such as in Spanish, Czechoslovak,
and Greek.
Criticism of Veto power-
The veto power vested in five permanent members is occasionally criticised, but
no positive step has been taken to eliminate it.
The major criticism is that only five members cannot decide the fate of the whole
world. They only act in the interest of their own or their allied States. A country like
India, which is the biggest democracy in the world and also contributes militarily and
economically to the United Nations, could not become a permanent member.
f. Functions and Powers of the Council-
The Council has the following powers and has to perform the following functions-
(i) To maintain International peace and security-
The Council's primary function is to maintain international peace and security. It
must do so in accordance with the principles and purposes of the United Nations.
The Charter provides two ways to maintain International peace and security, viz.
(a) By peaceful means-
The Council may take the following means to settle a dispute amicably before it.
(i) It may call upon the parties to settle the dispute peacefully (Art. 33 Para. 10.
(ii) It may investigate the dispute (Art. 37, Para. 1).
(iii) It may recommend that the parties to the dispute use appropriate procedures or
methods of adjustment (Art. 36, Par. 1).
(iv) It may recommend the settlement terms (Art. 37).
(b) By taking enforcement actions-
If the dispute is not settled amicably, then the Council may take enforcement
action, including military action.
(ii) Elective Functions-
The Council also has some elective powers. The Council and Assembly elect the
judges of the International Court of Justice. The Council also recommends the
appointment of a Secretary General of the United Nations [Art. 97].
(iii) Supervisory Functions-
The Council can supervise sanctions imposed against any state. Moreover, it can
recommend the expulsion of any member of the United Nations to the General
Assembly.
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It also exercises trusteeship functions in the United Nations in strategic areas.
(iv) Constituent Functions (Art. 108)-
Constituent Functions are the functions related to the amendments in the United
Nations Charter. Accordant to Art. 108, amendments to the present Charter shall come
into force for all members of the United Nations when they have been adopted by a vote
of two-thirds of members of the Assembly and ratified in accordance with their
respective constitutional processes by two-thirds of the members of the United Nations
including all the members of the Council.
In other words, no amendment of the Charter is possible unless and until all the
permanent members of the Council give their affirmative votes on it and their respective
governments ratify it.
(3). Secretory of the United Nations.
a. Introduction-
The Secretariat is one of the important organs of the United Nations. Chapter XV
of the United Nations Charter deals with the provisions relating to the Secretariat.
The Secretariat works as administrator of the policies of the United Nations. The
Secretary is the Chief Administrative officer of the United Nations. He is the Chief
administrative officer of the United Nations.
b. Composition-
The Secretariat comprises a Secretary General and such staff as the organisation
may require. The Secretary-General is appointed by the General Assembly upon the
recommendations of the Council.
Generally, the Council is appointed from a smaller and neutral state. Because the
appointment of the Secretary-General is a substantial matter, the concurrence of the five
permanent members is necessary.
The staff of the Secretariat is appointed by the Secretary-General as per the
regulations of the Assembly. The highest standards of efficiency, competence, and
integrity are expected from the staff. Due regard is given to the importance of recruiting
the staff on as wide a geographical basis as possible [Art. 101, Para. 2].
c. Powers and Functions of the Secretary-General-
The Secretary-General is the Chief Administrative Officer of the United Nations
(Art. 10). He has to perform the following functions conferred by the Charter.-
(i). To act in the capacity of Secretary General-
The Secretary-General acts in that capacity at all Assembly, Security Council,
Economic and Social Council meetings and Trusteeship Council meetings. It shall
perform other functions as entrusted to him by those organs (Art. 98).
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(ii). To perform other functions-
The Secretary-General shall perform other functions as entrusted to him by the
abovementioned organs. This function gives the Secretary-General a variety of powers
to perform.
(iii). To make an annual report-
The Secretary-General is required to make and present an annual report to the
General Assembly on the work of the United Nations Organisation.
(iv). Notify matters to General Assembly-
With the consent of the Security Council, the Secretary-General notifies the
Assembly of matters relating to the maintenance of peace and security that the Security
Council is dealing with (Art. 12, Para. 2).
He also notifies when the Security Council has ceased dealing with matters
relating to maintaining International peace and security (Art. 12, Par. 2).
(v). To invite Security Council’s Attention-
The Secretary-General may bring to the attention of the Council any matter which,
in his opinion, may threaten the maintenance of International peace and security (Art.
99).
(vi). To convey special session of the General Assembly-
The Secretary-General conveys a special session or the emergency special session
of the Assembly at the request of a majority of Member States or the Security Council
(Art. 20).
(vii). To perform the task of negotiation etc.-
At the instance of the Security Council or of the Assembly, the Secretary-General
may perform the task of negotiation, good offices and mediation.
(viii). Aid and advice-
The Secretary-General provides aid and advice to the Security Council and the
Assembly in finalising plans for developing a peacekeeping mission in a troubled nation.
(4). The Trusteeship Council-
(a). Introduction-
Chapter XIII, Articles 86 to 91 of the United Nations, deals with the Trusteeship Council.
The Trusteeship Council is a Special Committee that operates under the authority
of the General Assembly and is directly responsible to the Assembly. It is called the
successor of the mandate system existing in the League of Nations.
The Trusteeship Council was created as a principal organ of the United Nations to
1 For the sake of brevity The Trusteeship Council is called merely as “Council”.
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administer some of the territories ruled by the colonial powers and prepare these
territories for self-government and independence.
(b). Objects of the Trusteeship Council-
The Trusteeship Council is formed with the following objects-
(i). To further International peace and security.
(ii). To Secure the advancement of inhabitants
To promote the political, economic, social and educational advancement of the
inhabitants of the trust territories and their progressive development towards self-
government or independence.
(iii). To encourage respect for human rights-
To encourage respect for human rights and fundamental freedoms for all without
distinction as to race, sex, language, or religion and to recognize the independence of the
world's people.
(iv). To ensure equal treatment-
To ensure equal treatment in social, economic, and commercial matters for all
members of the United Nations and their nationals, as well as equal treatment for the
latter in the administration of justice.
The Trusteeship system applies to three types of territories viz. (i) former League
Mandates, (ii) territories detached from the enemy as a result of the Second World War,
and (iii) territories voluntarily placed under the system by States responsible for their
administration [Art. 77].
The territories are brought under trusteeship through an agreement between the
United Nations and the concerned State. On behalf of the United Nations, the General
Assembly or the Security Council enters into a contract in the case of strategic areas. The
agreement defines and designates the authority that will exercise the administration of
the trust territory. Such administration authority may be one or more states or the
organisation itself. The trusteeship agreement may designate the whole or part of an area
as a strategic or non-strategic area.
(c). Composition of the Trusteeship Council (Art. 86)-
The Trusteeship Council comprises the following members-
i) Those members administering trust territories.
ii) Such permanent members of the Security Council as do not administer trust territory
and
iii) States elected by the General Assembly for a period of three years. The General
Assembly selects as many states as necessary to ensure that the total number of members
of the Trusteeship Council is equally divided between those members of the United
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Nations which administer Trust Territories and those which do not.
Each member of the Trusteeship Council has to designate a specially qualified
person to represent it therein.
(d). Voting System (Art. 89)-
Each member of the Trusteeship Council possesses one vote. The decisions of the
Trusteeship Council are made by a majority of members present and voting. There exists
no veto power with any of the members of the Trusteeship Council.
(e). Functions and powers-
The Trusteeship Council performs the following functions and has the following
powers-
(i). To Consider Reports-
The Council may consider reports submitted by the administering authority related
to the inhabitants' political, economic, social, and educational advancement.
(ii). To Accept petitions-
The Council may accept petitions and examine them in consultation with the
administering authority.
(iii). To provide periodic visits-
The Council may visit the trust territories at times agreed upon with the
administering authority.
(iv). To perform other actions-
The Council may take other actions in addition to the above in accordance with
the terms of trusteeship agreements.
(v). Present functioning of the Council-
In total, eleven territories were pleased under the Trusteeship system. All the
eleven territories under the Trusteeship Council either gained independence or were
associated with neighbouring States. Thus, it shows that the Council has done remarkable
work.
The last territory under the Council, i.e. Palau, had gained independence, and the
trusteeship agreement with it was terminated on 10th November 1994. Since then, the
Council has suspended its operations. However, the Council has not yet been eliminated
despite frequent demands.
(5) International Court of Justice
(a). Introduction-
Organisation. Articles 92 to 96 of the United Nations Charter lay down provisions for
2 Hence forth for the sake of brevity is called as “ICJ
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the ‘International Court of Justice. ' A separate Statute, the ‘Statute of the International
Court of Justice, ' is attached to the United Nations Charter. The Statute contains 70
Articles.
The Statute of the International Court of Justice, which has constituted the present
ICJ, is based upon the ‘Statute of the Permanent Court of International Justice’, which
had constituted the Permanent Court of International Justice under the Charter of the
League of Nations in 1921. This Court was dissolved in 1946 after the dissolution of the
League of Nations. In other words, we may say that ICJ is succession or the Permanent
Court of International Justice.
(b). Composition and Structure of the ICJ-
The Court comprises 15 judges (Art. 3, Para 1). However, two judges may not be
from the same State. The judges are to be elected by the General Assembly and the
Security Council.
The Court is headed by the President and Vice-President. They are elected for a
team of 3 years by the members of the Court from amongst themselves.
Election and term of Judges (called Members)-
The judges are elected for a term of nine years. They are eligible for reelection.
They are elected so that 5 of them would retire on the expiry of 3 years and five more
would retire on the expiry of 6 years. New judges are elected in their places. They are
elected from amongst persons of high moral character and possessing requisite
qualifications. The judges are elected regardless of their nationality. However, no two
judges can be nationals of the same state.
(c) Quorum-
The quorum of the court is nine judges. All court decisions are made based on the
majority of the judges. The president of the Court is empowered to vote in the case of a
tie. Any judge can also pass dissenting judgment. All court decisions are final and
without appeal.
Subjects of the ICJ-
All the member states of the United Nations are ipso facto the members of the
statute of ICJ. Even any state which is not a member of the United Nations may also
become a party to the statute of ICJ. Even any state which is not a member of the United
Nations may also become a party to the statute of the ICJ on the recommendation of the
Security Council and on the conditions laid down by the General Assembly (Art. 93 of
the United Nations Charter.)
Each member of the United Nations undertakes to carry out the decisions of the
ICJ in the case in which they are parties (Art. 94 of the United Nations Charter).
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If any state against which the judgment is delivered fails to perform its obligations
under the judgment, the other party may have recourse to the Security Council. The
Council may, if it deems necessary, make recommendations or decide upon measures to
be taken to give effect to the judgment.
(d) Jurisdiction of the ICJ-
The court has the following jurisdictions-
1. Contentious Jurisdiction-
When the court decides the case on the basis of the consent of the disputant parties,
the jurisdiction is called Contentious Jurisdiction. This Jurisdiction is divided into the
following forms-
a) Voluntary Jurisdiction-
If the parties to the treaty or convention stipulate in that document that any dispute
under it shall be referred to the Court, the Court has jurisdiction on such matter. The
parties would be said to have voluntarily surrendered the dispute to the court's
jurisdiction. Such consent is given in advance, i.e., at the time of the conclusion of the
treaty itself. In such matters, the court has automatic jurisdiction.
In 1947, the General Assembly adopted a resolution calling upon the member
states to encourage the insertion of a clause allowing disputes to be submitted voluntarily
to the jurisdiction of the ICJ. However, only a few states have responded positively.
b. Ad hoc Jurisdiction-
When the disputant parties refer an already-arisen dispute to the court's
jurisdiction, the Court acquires ad hoc jurisdiction on that matter. In other words, the
court acquires ad hoc jurisdiction where parties to the dispute give their consent after the
dispute occurs by notifying a special agreement concluded between the parties.
The consent may be given by the disputant parties themselves or on the
recommendation of the Security Council in accordance with Art. 36, Para. 3 of the
Charter.
c. Optional or Compulsory jurisdiction-
The Court exercises its optional or compulsory jurisdiction in the following ways-
(i) By making the declaration-
Art. 36 (2) allows states to make declarations accepting the court’s jurisdiction as
compulsory (Optional clause declaration). It is optional whether the court's compulsory
jurisdiction is to be accepted or not; therefore, this jurisdiction of ICJ is described as
optional or compulsory jurisdiction. Acceptance of compulsory jurisdiction of ICJ
confers open jurisdiction as follows-
(a) Interpretation of a treaty.
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(b) As to any question of International law.
(c) The existence of any fact which, if established, would constitute a breach of
International obligation and
(d) the nature and extent of the representation to be made for the breach of an
international obligation and
Many states have accepted the ICJ's compulsory jurisdiction; however, many other
states have not accepted the Court's jurisdiction.
(ii) By the declarations under the earlier statutes-
Those states are bound by the compulsory jurisdiction of the ICJ, which has bound
themselves by a treaty with the Permanent Court of International Justice under the
League of Nations. By Art. 37 of the present statute of ICJ, the matters mentioned above
are automatically referred to the Court.
2. Advisory Jurisdiction (Art. 65 to 68).-
ICJ also has advisory jurisdiction. It advises on any “legal question” to anybody
authorised under the United Nations Charter or the Statute of ICJ.
As per Art. 96 of the United Nations Charter,
(i) The General Assembly or the Security Council may request the ICJ to give an
advisory opinion on any legal question.
(ii) other organs and specialised agencies of the United Nations may also be authorised
by the General Assembly to request an advisory opinion on the court on legal questions
arising within the scope of their activities.
Nature of Advisory Opinion-
The advice rendered by the ICJ is not binding upon the authority seeking advice.
However, the states may have a treaty or agreement to bind themselves in advance about
such advice. Even though the Court's advisory opinion is not binding, it is regarded as
an authoritative statement of International law. This is because the advisory opinion
comes from the higher judicial authority. The opinion given by the Court is cited by the
publishers and writers of International Law.
e. Immunities of the Judges-
Judges of the Court enjoy diplomat privileges and immunities. The salaries,
allowances and compensation of the judges are free of taxes. No judge can be dismissed
from the service unless, in the unanimous opinion of the other judges, he has creased to
fulfil the required conditions.
f. The Law applied by the Court-
As per Art. 38 (1) of the ICJ applies the following laws-
(a) International conventions, whether general or particular, as recognised by the
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contesting States.
(b) International custom, as evidence of a general practice accepted as law.
(c) Judicial decisions and the teachings of the most highly qualified publicists of the
various nations are subsidiary means for determining rules of law.
(d) Principles of equity.
The decisions of the Cotuit have no binding force except between the parties and
in respect of the particular case (Art. 59).
g. Role of the Court in the development of International law-
The Court has played an important role in the development of International Law.
It has made pronouncements on major questions of International Law, such as land
frontiers and maritime boundaries, territorial sovereignty, the non-use of forces, non-
interference in the internal affairs of other states, diplomatic relations, hostage taking,
the right of asylum, nationality, guardianship, right of passage, and economic rights.
The court has also given several advisory opinions on different questions like
United Nations membership, reparation for injuries suffered in the service of the United
Nations, the status of human rights, the use of nuclear weapons, etc.
While pronouncements, the court has contributed International the development
of International Law in two senses, viz. (1) it has interpreted and applied the existing
rules in such a way as to resolve big International disputes peacefully. (ii) where no rule
existed in International Law, new principles and rules have evolved.
Thus, in conclusion, we may say that the ICJ has performed well during the period.
However, much work remains to bring all International disputes under the ICJ's
jurisdiction.
IV. Specialised Agencies of the United Nations.-
The United Nations has two kinds of organs. Firstly, Principal Organs, and
secondly, subordinate Organisations. We have already discussed the principal
organs of the United Nations. Now, we will discuss the subordinate organs of the
United Nations.
The ‘Special agencies’ are organisations established by Inter-Government
agreements, having wide responsibilities in the economic, social, cultural,
educational, health and related fields (Art. 63).
The Economic and Social Council may enter into agreements with any of the
above-referred agencies, defining the terms on which the agency concerned shall be
brought into a relationship with the United Nations. Such an agreement needs to be
approved by the General Assembly. The Economic and Social Council may
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coordinate the activities of the specialised agencies through consultation with the
recommendations of such agencies. It consults with the General Assembly and the
members of the United Nations while coordinating with the agencies.
The organisation shall, where appropriate, initiate negotiations among the
states concerned to create any new specialised agencies required to accomplish the
purposes set forth in Art. 55.
1. Aims or objectives of the Specialised Agencies-
Art. 55 of the United Nations Charter sets out the aims and objectives of such
speculated agencies as follows-
(a) Promotion of higher living standards, full employment and conditions of full
economic and social progress and development.
(b) Solutions to International economic, social, health and related problems and
International cultural and educational court operations and
(c) Universal respect for and observance of human rights and fundamental freedoms
for all without distinction regarding race, sex, language or religion.
2. Characteristics of the Specialized Agencies-
From the above discussion, we may say that the specialised agencies have the
following characteristics-
i. All the specialised agencies came into existence due to the inter-governmental
agreements.
ii. All the specialised agencies have entered into a relationship with the U.N. through
special agreements and resolutions of the United Nations General Assembly.
iii. Each specialised agency has its own character describing its duties, functions,
aims and objectives, constitution, etc., but without contravening the Charter of the
United Nations.
iv. The specialised agencies have their organs: assembly, executive council, and
secretariat.
v. The specialised agencies work under the supervision of the Economic and Social
Council, but they are under the purview of the Security Council and General
Assembly.
These specialized agencies are autonomous bodies, but they are part and
parcel of the United Nations. These agencies undertake social and economic
activities, etc.
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Some of these agencies, like (i) the International Labour Organisation (ILO),
the United Postal Union, and the International Telecommunication Union, came into
existence much before the United Nations. At the same time, some agencies, like the
International Monitory Fund (IMF) and the International Bank for Re-Construction
and Development (IBRD) (World Bank), came into existence along with the United
Nations.
3. Specialised Agencies of the United Nations-
The United Nations has the following specialised agencies-
A. Relating to technical matters-
1. International Civil Aviation Organisation (ICAO) 1994.
2. World Meteorological Organisation (WMO) 1951.
3. International Maritime Consultative Organisation (IMCO) 1958.
4. International Telecommunication Union (ITU) 1865
5. Universal Postal Union (UPU) 1948.
6. International Atomic Energy Agency (IAEA) 1957.
B. Relating to the Social and humanitarian activities-
7. International Labour Organisation (ILO) 1919.
8. World Health Organisation (WHO) 1946.
9. United Nations Educational, Scientific and Cultural Organisation (UNESCO)
1946.
10. United Nations International Children’s Emergency Fund (UNICEF) 1946.
11. International Refugee Organisation (IRO) 1921.
C. Relating to International Financial problems-
12. International Development Agency 1960.
13. International Development Agency 1960.
14. International Financial Corporation (IFC)1956.
15. International Fund for Agricultural Development (IFAD) 1977
16. United Nations Industrial Development Organisation (UNIDO) 1985.
D. Related to Economic and Trade Problems-
17. International Monitory Fund 1945
18. Food and Agricultural Organisation (FAO).
19. World Trade Organisation (1996).
20. World Intellectual Property Organisation (WIPO) 1967.
21. United Nations World Tourist Organisation (UNWTO) 2003.*****