Diplomatic handbook

(i) Privileges and immunities granted to an honorary consular officer do not apply to members of his family, nor to the family of a consular employee in a post headed by an honorary consul.

 

 

 

 

 

 

 

 

 

 

Chapter 7

THE UNITED NATIONS

PURPOSES AND PRINCIPLES

 

 

The United Nations has been aptly described as a Standing Diplomatic Conference: it is a worldwide association of states which, on signing the Charter of the United Nations, subscribe to its purposes and agree to act in accordance with its principles; these are:

 

PURPOSES

 

I  To maintain international peace and security, and to that end: to take effective collective measures for the prevention and removal of threats to the peace, and for the suppression of acts of aggression or other breaches of the peace, and to bring about by peaceful means, and in conformity with the principles of justice and international law, adjustment or settlement of international disputes or situations which might lead to a breach of the peace;

II To develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, and to take other appropriate measures to strengthen universal peace;

III To achieve international cooperation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion; and

IV To be a centre for harmonising the actions of nations in the attainment of these common ends.

 

PRINCIPLES

 

I The United Nations is based on the principle of the sovereign equality of all its members.

II All members, in order to ensure to all of them the rights and benefits resulting from membership, shall fulfil in good faith the obligations assumed by them in accordance with the Charter.

III All members shall settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered.

IV All members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations.

V All members shall give the United Nations every assistance in any action it takes in accordance with the Charter, and shall refrain from giving assistance to any state against which the United Nations is taking a preventive or enforcement action.

VI The United Nations shall ensure that states which are not members of the Organisation act in accordance with these Principles so far as may be necessary for the maintenance of international peace and security.

VII Nothing contained in the Charter shall authorise the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state or shall require the members to submit such matters to settlement under the Charter; but this principle shall not prejudice the application of enforcement measures under chapter VII.

 

 

 

 

 

 

THE UNITED NATIONS CHARTER

 

The Charter is divided into 111 articles grouped in nineteen chapters:

 

I	Purposes and Principles	(articles 1and 2)
II	Membership	(articles 3-6)
III	Organs	(articles 7 and 8)
IV	The general Assembly
	Composition	(article 9)
	Functions and powers	(articles 10-17)
	Voting	(articles 18 and 19)
	Procedure	(articles 20-22)
V	The Security Council
	Composition	(article 23)
	Functions and powers	(articles 24-26)
	Voting	(article 27)
	Procedure	(articles 28-32)
VI	Pacific Settlement of disputes	(articles 33-38)
VII	Action with respect to threats to
	the peace, breaches of the peace, and acts of aggression	(articles 39-51)
VIII	Regional arrangements	(articles 52-54)
IX	International economic and
	Social cooperation	(articles 55-60)
X	The Economic and Social Council
	Composition	(article 60)
	Functions and powers	(articles 62-66)
	Voting	(article 67)
	Procedure	(articles 68-72)
XI	Declaration regarding
	non-self-governing territories	(articles 73 and 74)
XII	International Trusteeship system	(articles 75-85)
XIII	The Trusteeship Council
	Composition	(article 86)
	Functions and powers	(articles 87 and 88)
	Voting	(article 89)
	Procedure	(articles 90 and 91)
XIV	The International Court of Justice	(articles 92-96)
XV	The Secretariat	(articles 97-101)
XVI	Miscellaneous provisions	(articles 102-105)
XVII	Transitional security arrangements	(articles 106 and 107)
XVIII	Amendments	(articles 108 and 109)
XIX	Ratification and signature	(articles 110 and 111)

 

Membership of the United Nations consists of the 'original members' (those states which signed the Washington Declaration in 1942 or took part in the United Nations Conference on International Organisation in San Francisco in 1945, and signed and ratified the Charter in accordance with the prescribed procedure); and those states subsequently accepted as members in accordance with the provisions of the Charter.

Membership is further open to all other 'peace-loving' states which accept the obligations contained in the Charter and, in the judgement of the United Nations, are able and willing to carry them out. The admission of new members is dependent on the approval of the General Assembly on the recommendation of the Security Council.

A member which has persistently violated the principles of the Charter may be expelled from the United Nations by the General Assembly on the recommendation of the Security Council; or may have its rights and privileges of membership suspended by the General Assembly on the recommendation of the United Nations by the General Assembly on the recommendation of the Security Council; or may have its rights and privileges of membership suspended by the General Assembly on the recommendation of the Security Council if it has been the object of preventive or enforcement action taken by the Security Council. These rights and privileges, however, may be restored by the Security Council.

Each state is entitled to one vote in the General Assembly and in its dependent committees and councils.

Provision is made in chapter XVIII for amendments to the Charter, and these come into force when they have been (a) adopted by a vote of two-thirds of the members of the General Assembly, and (b) ratified in accordance with their respective constitutional processes by two-thirds of the members of the Security Council. The procedure is the same if a General Conference of the members of the United Nations is convened in terms of article 109 for the purpose of reviewing the Charter, except that the requirement for the initial vote (prior to ratification) is a two-thirds majority of those present at the Conference.

The official languages of the United Nations are Arabic, Chinese, English, French, Russian and Spanish.

The United Nations, in terms of its Charier, is based on six principal organs: the General Assembly, the Security Council, the Economic and Social Council, the Trusteeship Council, the International Court of Justice, and the Secretariat. Generally speaking the Assembly and Security Council are the political and legislative bodies, ECOSOC and the Trusteeship Council are specialist bodies dependent on the General Assembly, and the International Court of Justice is an independent body.

The reform of the administration and decision-making process of the United Nations is currently under consideration, and is centred on the composition of the Security Council and the creation of a Development Operations Group, amalgamating such related organisations as UNDP, UNFPA and UNICEF.

THE GENERAL ASSEMBLY

 

The General Assembly consists of all members of the United Nations. In terms of the Charter, the United Nations may not intervene in matters which are essentially within the jurisdiction of a state, except in respect of the application of enforcement measures in accordance with chapter VII (threats to the peace, breaches of the peace and acts of aggression). Subject to this proviso, the functions of the Assembly are:

 

To consider and discuss (i) any matter within the scope of the Charter or relating to the powers and functions of any of the organs provided for in the Charter, (ii) general principles of cooperation in the maintenance of international peace and security, including principles governing disarmament and the regulation of armaments, and (iii) any question relating to the maintenance of international peace and security.

To call the attention of the Security Council to situations which are likely to endanger international  peace and security.

To  make recommendations to the Security Council or to member states (or both) or to a non-member state

involved in questions relating to the maintenance of international peace and security in respect of (ii) and (iii) above; for the purpose of promoting international cooperation in the political field and encouraging the progressive development of international law and its codification; and for promoting international cooperation in the economic, social, cultural, educational and health fields, and assisting in the realisation of human rights and fundamental freedoms for all without distinction as to race, sex, language or religion.

To make recommendations - subject to the proviso that if the Security Council is already exercising its prescribed function in respect of such matters, recommendations will only be made if asked for relating to:

(a) any matter within the scope of the Charter or relating to the powers and functions of any of the organs provided for in the Charter;

(b) the peaceful adjustment of any situation, regardless of origin, which it deems likely to impair the general welfare or friendly relations among nations, including situations resulting from a violation of the provisions of the Charter setting forth the Purposes and Principles of the United Nations.

 

To receive and consider annual and special reports from the Security Council (including an account of the

measures that it has decided upon or taken to maintain international peace and security), and from the other organs of the United Nations.

To perform such functions with respect to the international trusteeship system as are assigned to it under chapters XII and XIII, including the approval of the trusteeship agreements for areas not designated as strategic.

To consider and approve the United Nations budget and any financial and budgetary arrangements with the Specialised Agencies and to examine the administrative budgets of such Specialised Agencies with a view to making recommendations to the Agencies concerned.

 

In the event of a non-member state being involved in a question relating to the maintenance of international peace and security, the Assembly may make recommendations to the state concerned; and any question on which action is necessary in such circumstances shall be referred to the Security Council by the Assembly either before or after discussion.

 

 The regular sessions of the Assembly as a rule begin in New York on the third Tuesday in September each year and continue until mid-December, but special sessions may be called by the Secretary-General at the request of the Security Council or of a majority of the members of the United Nations. At the start of each regular session, the Assembly elects a new President, twenty-one Vice-Presidents and the Chairmen of the Assembly’s seven Main Committees. To ensure equitable geographical representation, the Presidency of the Assembly rotates each year among groups of States who select their own candidate.

The work of the General Assembly is coordinated and to a considerable extent organised by two procedural committees: the General Committee, which is made up of the President and Vice-Presidents of the General Assembly and the heads of the seven Main Committees and the Credentials Committee.

The Main Committees, which consider in advance matters placed on the agenda of the General Assembly and (when so requested) make recommendations for consideration by the Assembly in plenary session, are:

 

First Committee: Disarmament and related international security matters

Special Political Committee

Second Committee: Economic and Financial

Third Committee: Social, Humanitarian and Cultural

Fourth Committee: Trusteeship and non-self-governing territories

Fifth Committee: Administrative and Budgetary

Sixth Committee: Legal

 

The Special Political Committee was created primarily to relieve the First Committee; and there are two Standing Committees: the Committee on Contributions, and the Advisory Committee on Administrative and Budgetary Questions. Subsidiary and ad hoc committees are set up from time to time to deal with specific problems.

Voting in the Assembly is by simple majority of the members present and voting, except in the following circumstances, when the necessary majority is the affirmative vote of two-thirds of the members present and voting:

 

• recommendations with respect to the maintenance of international peace and security,
• the election of non-permanent members of the Security Council,
• the election of members of the Economic and Social Council,
• the election of members of the Trusteeship Council,
• the admission of new members to the United Nations,
• the suspension of the rights and privileges of members,
• the expulsion of members,
• matters relating to the operation of the trusteeship system,
• budgetary questions,
• any other matters considered by the Assembly (by a simple majority of the members present and voting) to be sufficiently important to require a two-thirds majority.

 

A member in arrears in the payment of its financial contributions to the United Nations is not entitled to vote if its arrears equal or exceed the amount of its contributions due for the preceding two full years, unless the General Assembly is satisfied that failure to pay is due to circumstances beyond the member’s control.

Much of the work of the United Nations is conducted on the basis of regional groups: e.g. African States, Asian States, Latin American States and Western European and Other States. For election purposes the USA falls within Western European and Other States.

 

THE SECURITY COUNCIL

 

The Security Council consists of fifteen members: China, France, Russia, the United Kingdom and the USA, who constitute the five permanent members; and ten non-permanent members elected by the General Assembly for a term of two years (provided that no member is elected for two consecutive periods). In order that it may function continuously, a representative of each of its members must be present at all times at the United Nations Headquarters. It has primary responsibility for the maintenance of international peace and security, and for this purpose acts on behalf of the members of the United Nations and in accordance with its purposes and principles. The members of the United Nations, for their part, agree to accept and carry out the decisions of the Security Council in accordance with the Charter.

The powers of the Security Council are specified in chapters VI and VII of the Charter. In terms of chapter VI the Council may investigate any dispute or situation which is referred to it by a state or which it considers may lead to international friction; and if it determines that its continuation is likely to endanger the maintenance of international peace and security it will try to resolve it by peaceful settlement.

If it determines the existence of any threat to the peace, breach of the peace or act of aggression, the Security Council is empowered in terms of chapter VII to decide what measures shall be taken to maintain or restore international peace and security; these may take the form of non-violent measures or, if they fail, the use of force by land, sea or air. The provision of armed forces by member states is governed by article 43 of the Charter, and is subject to special agreements requiring ratification between such states and the Security Council.

The Security Council is required to submit annual and, where necessary, special reports to the General Assembly for its consideration, including plans for the establishment of whatever subsidiary organs it may consider necessary for the performance of its functions (e.g. the United Nations Truce Supervision Organisation in Palestine).

The General Assembly or any member state (or a non-member state under certain conditions) may bring to the attention of the Security Council any dispute or situation likely to endanger international peace and security.

Any state, whether it is a member of the United Nations or not, which is a party to a dispute under consideration by the Security Council and is not itself a member of the Council, has the right to participate (but not vote) in the deliberations. Similar provisions apply to any member state which, not being a party to a dispute nor a member of the Security Council, is nevertheless considered by the Council to be affected by the dispute.

In terms of articles 27 and 109 (l) of the Charter (as amended), decisions of the Security Council require the affirmative votes of nine members including the concurring votes of the permanent members; except (a) on procedural matters and (b) for deciding to hold and for fixing a date and place for a Conference to review the Charter, when the affirmative votes of any nine members suffice. Abstentions have not, in practice, always been interpreted in terms of the Charter. Amendments to the Charter require to be ratified by all the permanent members of the Council.

In decisions under chapter VI (pacific settlement of disputes) and article 52, paragraph 3 (the pacific settlement of local disputes through regional arrangements) any member of the Security Council who is a party to a dispute is required to abstain from voting.

 

THE ECONOMIC AND SOCIAL COUNCIL

 

ECOSOC consists of fifty-four members elected by the General Assembly, and is responsible under the Assembly and in conjunction with the Specialised Agencies and other governmental and non-governmental international organisations for promoting:

 

(a) higher standards of living, full employment, and conditions of economic and social progress and development;

2. solutions of international economic, social, health, and related problems; and international cultural and educational cooperation;
3. universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language or religion.

 

The Council meets twice a year: in New York in April and in Geneva in July. Decisions in the Council are reached on a simple majority of those members present and voting.

ECOSOC functions on the basis of four standing committees, eleven standing expert bodies, various functional commissions and five regional commissions; as well as various ad hoc expert bodies.

The standing committees are on Non-Governmental Organisations; Programme Coordination; Natural Resources; and Development Planning.

The functional commissions are:

 

Commission on Statistics

Commission on Human Rights (including the Sub-Commission on the Prevention of Discrimination and Protection of Minorities)

Commission for Social Development

Commission on the Status of Women

Commission on Narcotic Drugs

Commission on Population and Development

Commission on Crime and Criminal Justice

Commission on Science and Technology for Development

Commission on Sustainable Development

Commission on Human Settlements

Commission on New and Renewable Sources of Energy for Development

 

The regional commissions, which act on behalf of the United Nations in all social and economic matters are:

 

Economic Commission for Europe (Geneva)

Economic and Social Commission for Asia and the Pacific (Bangkok)

Economic Commission for Latin America and the Caribbean (Santiago, Chile)

Economic Commission for Africa (Addis Ababa)

Economic and Social Commission for Western Asia (Baghdad)

 

THE TRUSTEESHIP COUNCIL

 

The Trusteeship system was established under the authority of the United Nations for the administration and supervision of certain territories falling within the categories defined in article 77 of the Charter and placed under trusteeship by means of individual agreements with the states directly concerned (including mandatory powers where such already existed). The agreements require the approval of the General Assembly, and the principles of trusteeship are defined in article 76. Eleven territories have been placed under United Nations’ Trusteeship, and have now achieved independence. Although its work is completed, the possibility remains for territories to come within the scope of the Council at some time in the future, and it is relevant to note that Trust territories are directly controlled by the administering states in terms of their particular Trusteeship Agreement; that the Trusteeship Council consists of the administering state and the permanent members of the Security Council; and that it meets annually in New York, receives reports from the administering state, accepts petitions and makes periodic visits of inspection.

 

 

THE INTERNATIONAL COURT OF JUSTICE

 

The International Court of Justice is situated in The Hague and is the principal judicial organ of the United Nations. It functions in accordance with the provisions of its Statute to which all members of the United Nations automatically subscribe. The Court is composed of fifteen suitably qualified judges elected by secret ballot by the General Assembly and by the Security Council (independently) for a term of nine years. They retire in groups of five every three years (their re-election is permitted); and no two judges may be nationals of the same state.

Access to the Court is open to states which subscribe to its Statute, and to non-subscribing states under certain conditions. The functions of the Court are twofold: to give judgement on all contentious cases referred to it by states by mutual consent, and on all matters specially provided for in the United Nations Charter, in treaties or in conventions; and to give advisory opinions on legal questions referred to it by any branch of the United Nations or its Agencies. The Court will normally reach its conclusions in accordance with international treaties and conventions currently in force, international custom and general principles of law. It will also take into consideration judicial comments and decisions, and may reach a decision, if both parties agree, ex aequo et bono, i.e. on general principles of fairness and natural justice.