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Establishment and Objectives of the UN

Historical Context of UN Formation

The formation of the United Nations (UN) is deeply rooted in the devastating experiences of the first half of the 20th century, particularly the two World Wars. The failures of its predecessor, the League of Nations, in preventing the outbreak of World War II highlighted the urgent need for a more robust and effective international organisation dedicated to maintaining global peace and security.

Failure of the League of Nations

The League of Nations was established after World War I with the primary goal of preventing future wars through collective security, disarmament, and settling international disputes through negotiation and arbitration. However, it ultimately failed due to several reasons:

Road to the United Nations

Even as World War II raged, Allied leaders began planning for a post-war world order that would prevent a recurrence of such a global conflict. Several key milestones marked the path to the UN's creation:

The UN officially came into existence on 24 October 1945, when the Charter was ratified by China, France, the Soviet Union, the UK, the US, and a majority of the other signatories. This date is now celebrated annually as United Nations Day.

The establishment of the UN represented a collective determination to learn from past mistakes and create a framework for international cooperation to prevent war and address global challenges. India, as one of the original signatories, has been a strong supporter of the UN and its principles since its inception, actively participating in various UN organs and peacekeeping operations.

Purposes and Principles of the UN Charter

The Preamble and Article 1 of the UN Charter set out the fundamental purposes of the organisation, while Article 2 lays down the principles upon which the organisation and its members shall act. These purposes and principles are the guiding lights for all UN activities and the behaviour expected of member states.

Maintaining international peace and security

This is the primary purpose of the United Nations, inherited from the League of Nations but with stronger mechanisms. Article 1(1) of the Charter states this purpose as: "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."

Mechanisms for achieving this purpose include:

Developing friendly relations among nations

Article 1(2) highlights the importance of friendly relations: "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."

This purpose acknowledges that mutual respect and understanding are essential for preventing conflict. It explicitly mentions the principle of equal rights and self-determination of peoples, which became particularly significant during the decolonisation era, where the UN played a key role in supporting the independence movements of colonised territories, including indirectly influencing the context of India's independence movement as it aligned with these global principles. Friendly relations are fostered through diplomacy, cultural exchange, and cooperation in various fields.

Promoting international cooperation

Article 1(3) broadens the scope of the UN's activities: "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 fundamental freedoms for all without distinction as to race, sex, language, or religion."

This purpose reflects the understanding that many global challenges cannot be solved by individual states alone. The UN serves as a platform for states to cooperate on a wide range of issues, including poverty, disease, illiteracy, environmental degradation, and human rights. This is carried out through various UN specialised agencies, funds, and programmes (like WHO, UNICEF, UNDP, UNESCO, etc.) and through setting international standards and coordinating global efforts.

The emphasis on human rights and fundamental freedoms is particularly significant. The UN Charter was the first major international treaty to place such importance on these issues, paving the way for key human rights instruments like the Universal Declaration of Human Rights (1948) and various human rights conventions. India has ratified many of these conventions and has incorporated several human rights principles into its Constitution and laws, reflecting this cooperative spirit.

Harmonizing actions of nations

Article 1(4) defines the UN's role as a centre: "To be a centre for harmonizing the actions of nations in the attainment of these common ends."

This purpose positions the UN as the central forum where states can come together to discuss common problems, coordinate their efforts, and work towards shared goals. It provides a framework for multilateral diplomacy and collective action. The UN facilitates dialogue, negotiation, and the development of international law and norms across diverse areas.

Fundamental Principles (Article 2)

Article 2 outlines the principles governing the conduct of the UN and its member states:

These principles form the bedrock of the international legal order as envisioned by the UN Charter.

Principal Organs of the UN

General Assembly

The General Assembly (GA) is the main deliberative, policymaking, and representative organ of the United Nations. It is the most representative organ as it comprises all 193 Member States of the UN, each having one vote. The Assembly meets in regular session intensely from September to December each year, and thereafter as required. It can also convene in special sessions or emergency special sessions.

Decisions on important questions, such as recommendations on peace and security, admission of new members, and budgetary matters, require a two-thirds majority of the members present and voting. Decisions on other questions are made by a simple majority. While General Assembly resolutions are generally non-binding on Member States (they are recommendations), they carry significant moral and political authority and contribute to the development of international law.

Powers and Functions

The powers and functions of the General Assembly are broad and are outlined in Chapter IV of the UN Charter:

The General Assembly serves as a global forum for states to express their views on major international issues, set the agenda for global action, and legitimise norms and policies through its resolutions. India has consistently been an active participant in the General Assembly, contributing to debates, sponsoring resolutions, and participating in various committees.


Security Council

The Security Council (SC) is the most powerful organ of the UN and is primarily responsible for the maintenance of international peace and security. Unlike the General Assembly, its decisions are legally binding on Member States under Article 25 of the Charter.

The Security Council consists of fifteen members:

For a resolution to be adopted by the Security Council, it needs nine affirmative votes, including the concurring votes of the five permanent members. This voting procedure gives the permanent members their significant power, including the ability to veto any substantive resolution.

Primary Responsibility for Peace and Security

Article 24 of the Charter confers on the Security Council the primary responsibility for the maintenance of international peace and security. It acts on behalf of the entire membership of the UN in carrying out this responsibility.

When a complaint concerning a threat to peace is received, the Council usually first recommends that parties seek a peaceful settlement through means listed in Chapter VI of the Charter, such as negotiation, mediation, arbitration, or judicial settlement.

Powers of enforcement

If a dispute leads to hostilities or constitutes a threat to the peace, a breach of the peace, or an act of aggression, the Security Council can take action under Chapter VII of the Charter. These powers include:

The Security Council's power to authorise the use of force makes it a unique and central actor in the international system.

The Veto Power

The veto power held by the five permanent members (P5) is arguably the most controversial aspect of the Security Council's structure. In any non-procedural vote, if any one of the P5 members casts a negative vote, the resolution is not adopted, even if it receives nine or more affirmative votes.

The veto power was included in the Charter to ensure the cooperation of the major powers essential for maintaining peace in the aftermath of WWII. However, its use has often paralysed the Council and prevented action on critical issues due to disagreements among the P5, particularly during the Cold War and in contemporary conflicts. This has led to frequent calls for reform of the Security Council, including expansion of both permanent and non-permanent membership and modification or abolition of the veto power. India is a strong advocate for Security Council reform and aspires to become a permanent member.


Economic and Social Council (ECOSOC)

The Economic and Social Council (ECOSOC) is the principal organ for coordination, policy review, policy dialogue, and recommendations on economic, social, and environmental issues, as well as implementation of internationally agreed development goals.

ECOSOC has 54 members, elected by the General Assembly for staggered three-year terms. It meets annually, usually in July.

Its functions include:

ECOSOC plays a vital role in promoting sustainable development and coordinating the vast array of UN activities in the economic, social, and environmental spheres. India has been actively involved in ECOSOC and its subsidiary bodies, contributing to global development agendas.


Trusteeship Council

The Trusteeship Council was established to oversee the administration of the 11 Trust Territories that were placed under the international trusteeship system by administering states. These territories were mostly former mandates of the League of Nations or territories taken from states defeated in World War II. The goal was to promote the advancement of the inhabitants of these territories and their progressive development towards self-government or independence.

The Council consisted of the permanent members of the Security Council that were not administering Trust Territories, plus other members elected by the General Assembly.

Its functions included:

With the independence of the last Trust Territory, Palau, in 1994, the Trusteeship Council successfully completed its mission. It formally suspended operation on 1 November 1994. Although it still exists on paper as a principal organ of the UN, its role is effectively dormant. Its future status would require an amendment to the UN Charter.


International Court of Justice (ICJ)

The International Court of Justice (ICJ) is the principal judicial organ of the United Nations. It is located at the Peace Palace in The Hague, Netherlands. It was established in June 1945 by the UN Charter and began work in April 1946. It succeeded the Permanent Court of International Justice (PCIJ), which was the judicial organ of the League of Nations.

The Court is composed of 15 judges elected for nine-year terms by the General Assembly and the Security Council, voting independently. Judges are chosen based on their qualifications, not nationality, but no two judges may be nationals of the same state.

The ICJ performs two main functions:

India has been a party to several cases before the ICJ and has had distinguished Indian judges serving on the Court, including Justice Dalveer Bhandari, who is currently serving his second term.

Role in peaceful settlement of disputes

The ICJ plays a crucial role in the peaceful settlement of international disputes by providing a judicial mechanism for states to resolve their legal disagreements based on international law. By deciding cases brought before it and clarifying the interpretation and application of international law, the Court contributes to the maintenance of international peace and security and promotes the rule of law in international relations. Its existence encourages states to settle disputes through legal means rather than resorting to unilateral action or force.


Secretariat

The Secretariat is the administrative arm of the United Nations, carrying out the day-to-day work of the Organization as mandated by the General Assembly and the other principal organs. It comprises the Secretary-General and tens of thousands of international UN staff members who work in duty stations around the world.

Administrative arm of the UN

The functions of the Secretariat include:

The Secretary-General is the chief administrative officer of the Organization, appointed by the General Assembly upon the recommendation of the Security Council for a five-year renewable term. They serve as a symbol of the UN's ideals and a spokesperson for the interests of the world's peoples, particularly the poor and vulnerable. The Secretary-General can bring to the attention of the Security Council any matter which in their opinion may threaten the maintenance of international peace and security (Article 99).

The UN staff are international civil servants who pledge not to seek or receive instructions from any government or external authority. Their international status is essential for them to carry out their duties impartially. Many Indian nationals serve in various capacities within the UN Secretariat and its agencies globally.

Functions and Powers of UN Organs

Law-making capacity of the UN

While the United Nations is primarily an organization of states and its main function is the maintenance of international peace and security, it also plays a significant role in the creation and development of international law. The UN provides a crucial framework and forum for states to negotiate, codify, and progressively develop international legal rules. Its organs contribute to law-making in various ways, although the process differs depending on the specific organ and the type of legal instrument involved.

Treaties and Conventions sponsored by UN

One of the most direct ways the UN contributes to international law is by facilitating the negotiation, adoption, and entry into force of multilateral treaties and conventions. These are formal agreements between states that create legally binding obligations for the states that become parties to them. The UN provides the institutional infrastructure, diplomatic forums, and expert support needed for states to develop international legal norms on a wide range of subjects.

The process typically involves:

  1. Initiation and Drafting: A UN organ (like the General Assembly, ECOSOC) or a specialized agency identifies a need for a treaty on a specific issue. Expert bodies, such as the International Law Commission (ILC), which is a subsidiary organ of the General Assembly, may be tasked with studying the subject and preparing draft articles. The ILC plays a vital role in the codification and progressive development of international law. Codification involves formulating existing customary international law into precise treaty texts, while progressive development involves drafting new rules in areas not yet covered by international law.
  2. Negotiation and Adoption: The draft articles are then usually considered by a conference of plenipotentiaries (representatives of states) convened under the auspices of the UN. States negotiate the text of the treaty. Adoption of the text typically requires a two-thirds majority vote of the states participating in the conference, or by consensus. Prominent examples include the Vienna Convention on the Law of Treaties (1969), the UN Convention on the Law of the Sea (1982), and various human rights treaties like the International Covenant on Civil and Political Rights (1966) and the Convention on the Rights of the Child (1989).
  3. Signature and Ratification/Accession: Once adopted, the treaty is open for signature by states. Signature often signifies a state's intention to be bound, but the state must typically formally express its consent to be bound through ratification (if it signed the treaty) or accession (if it did not sign). The instrument of ratification or accession is deposited with the UN Secretary-General, who serves as the depositary for most multilateral treaties.
  4. Entry into Force: A treaty enters into force when a specified number of states have ratified or acceded to it, as stipulated in the treaty itself. Once in force, the treaty becomes legally binding on the states that are parties to it (pacta sunt servanda - agreements must be kept).

This treaty-making process is the most direct and concrete way the UN facilitates the creation of binding international law. India is a party to a large number of UN-sponsored treaties, demonstrating its commitment to the international legal framework developed through the organization.

Resolutions of the General Assembly and Security Council

The resolutions adopted by the principal organs, particularly the General Assembly and the Security Council, also play a role in the development of international law, although their legal effect differs significantly.

General Assembly Resolutions

As mentioned earlier, resolutions of the General Assembly are generally non-binding recommendations to Member States. They do not, by themselves, create new rules of international law. However, GA resolutions can contribute to the development of international law in several ways:

Therefore, while not directly law-making, GA resolutions are a significant element in the international legal landscape, reflecting the collective will of the international community and influencing the behaviour and legal obligations of states over time.

Security Council Resolutions

Resolutions adopted by the Security Council under Chapter VII of the UN Charter are legally binding on all Member States. When the Security Council determines the existence of any threat to the peace, breach of the peace, or act of aggression, it can take decisions and impose measures (sanctions, use of force) that states are legally obligated to comply with (Article 25, Article 48).

For example, resolutions imposing sanctions on specific entities or individuals (e.g., related to terrorism financing) create legal obligations for states to implement those sanctions within their domestic jurisdiction. Resolutions authorising the use of force provide the legal basis under international law for military action by states or coalitions of states.

Resolutions adopted under Chapter VI (Peaceful Settlement of Disputes) are generally recommendatory and not legally binding in the same way as Chapter VII decisions, although they carry significant political weight.

In summary, while GA resolutions primarily influence the development of soft law and customary international law, Security Council resolutions under Chapter VII create hard law – legally binding obligations for UN Member States. Both types of resolutions are important elements in the evolving framework of international law shaped within the UN system.


Peaceful Settlement of Disputes

One of the core purposes of the United Nations is to maintain international peace and security by preventing and resolving conflicts. The UN Charter provides a framework and mechanisms for states to settle their disputes peacefully, thereby avoiding the use of force. This framework is primarily laid out in Chapter VI and Chapter VII of the Charter.

Chapter VI of the UN Charter

Chapter VI of the UN Charter is titled "Pacific Settlement of Disputes" and outlines various methods that states can use to resolve their disagreements peacefully. Article 33(1) of the Charter states:

"The parties to any dispute, the continuance of which is likely to endanger the maintenance of international peace and security, shall, first of all, seek a solution by negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their own choice."

This article lists a range of diplomatic, legal, and political methods available to states:

The Security Council's role under Chapter VI (Articles 34-38) is primarily recommendatory:

Chapter VI emphasizes the autonomy of states in choosing the means of settlement and the Security Council's role as a facilitator and recommender of peaceful procedures, without imposing a specific outcome (unlike Chapter VII).

Chapter VII of the UN Charter (Enforcement Measures)

Chapter VII of the UN Charter is titled "Action with Respect to Threats to the Peace, Breaches of the Peace, and Acts of Aggression." This chapter provides the Security Council with the power to take mandatory enforcement action when peaceful methods fail and the situation escalates to a level threatening international peace and security.

The activation of Chapter VII powers is based on a formal determination by the Security Council under Article 39:

"The Security Council shall determine the existence of any threat to the peace, breach of the peace, or act of aggression and shall make recommendations, or decide what measures shall be taken in accordance with Articles 41 and 42, to maintain or restore international peace and security."

Once such a determination is made, the Council can decide upon and implement enforcement measures:

Measures Not Involving the Use of Armed Force (Article 41)

Article 41 allows the Security Council to decide what measures not involving the use of armed force are to be employed to give effect to its decisions, and it may call upon the Members of the United Nations to apply such measures. These may include:

These measures are binding on all Member States, which must take steps to implement them domestically.

Measures Involving the Use of Armed Force (Article 42)

If the Security Council considers that measures under Article 41 would be inadequate or have proved to be inadequate, Article 42 empowers it to "take such action by air, sea, or land forces as may be necessary to maintain or restore international peace and security." Such action may include demonstrations, blockade, and other operations by air, sea, or land forces of Members of the United Nations.

The Charter originally envisaged a system where Member States would make forces available to the Security Council through special agreements (Articles 43-47), enabling the Council to have its own standing or readily available forces led by a Military Staff Committee. However, this system was never fully implemented, largely due to disagreements among the permanent members during the Cold War.

In practice, the Security Council has instead authorized Member States or coalitions of states to use "all necessary means" (interpreted as including the use of force) to achieve objectives specified by the Council (e.g., expelling an invading force, protecting civilians). This has become the basis for multilateral military interventions authorized by the UN. The Council also authorizes and mandates peacekeeping operations, which, while typically non-enforcement measures based on consent (and sometimes described as falling between Chapter VI and VII), can sometimes be given stronger mandates allowing the use of force for protection of civilians or self-defence, drawing implicitly on Chapter VII authority.

Chapter VII represents the collective security mechanism of the UN, giving the Security Council unique and powerful tools to address situations that genuinely threaten global stability. Its application is subject to the political dynamics and the veto power within the Council.