THE POLITICS OF CONSTITUTIONAL LAW IN THE UNITED NATIONS

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This article is written by Anushka Bagri, an Intern under Legal Vidhiya

Abstract

This Article is basically on the politics of Constitutional Law on United Nations which means the interplay of political factors and consideration in development, interpretation, and application of constitutional principles in United Nations. This article covers the basic introduction about united nations and united charter then it proceeds with the basic organs of united nations or the structure of United Nations and Membership of United Nations and the basic constitutional rules followed in recognition of members of United Nations.

Key Words

United Nations, Constitutional Law, Organs of United Nations, UN Charter, International law

Introduction

The United Nations is an international organization that was created in 1945. The United Nations, which now has 193 member states, and its operations are driven by the aims and ideals outlined in its founding Charter. The founding document of the United Nations, which was signed on June 26, 1945, is known as the United Nations Charter. It specifies the main UN organisations and processes, as well as the rights and responsibilities of Member States. The Charter is a convention that codifies fundamental principles of international relations, such as the sovereign equality of all nations and the proscription against using force in any way that is at odds with the goals of the United Nations. This article deals with politics of Constitutional law in the United Nations which means how United Nations works, what is its role, powers and structure and how it works to achieve its goals.

History of United Nations

Nations were in ruins when World War II ended in 1945, and the world desired peace. From April 25 to June 26, 1945, representatives from 50 nations assembled in San Francisco, California for the United Nations Conference on International Organization. They spent the next two months drafting and then signing the UN Charter, which established a new international organization, the United Nations, with the intention of preventing another global war like the one they had just experienced. The United Nations formally started four months after the San Francisco Conference concluded, on October 24, 1945, when its Charter was accepted by China, France, the Soviet Union, the United Kingdom, the United States, and a majority of other signatories.

United Nations Charter

The United Nations was founded on the principles set out in its Charter. At the end of the United Nations Conference on International Organization, it was signed on June 26, 1945, in San Francisco, and it went into effect on October 24, 1945. Due to its special international status and the authority granted by its Charter, which is regarded as an international treaty, the United Nations can act on a broad range of topics. As a result, the UN Charter is a part of international law and is binding on all UN Member States. The UN Charter contains the fundamental principles of international relations, including the sovereign equality of States and the prohibition on the use of force in such interactions.

The UN’s original Charter, which has been modified three times in 1963, 1965, and 1973, contains the goals and guiding principles that have shaped the Organization’s mission and activity since its creation in 1945.

Structure of United Nations

The United Nations is neither a government of governments nor a supra-State. It does neither levy taxes nor does it have an army. Its decisions must be implemented by the political will of its Member States, and it depends on the contributions of its members to carry out its operations.

The sections below provide an overview of each of the six United Nations bodies:

General Assembly

The major decision-making body of the United Nations is the General Assembly (UNGA). It offers a single platform for multilateral debate of the whole range of international problems covered by the United Nations Charter since it is comprised of all Member States. Every one of the 193 United Nations members states has an equal number of votes. The Assembly convenes in regular sessions from September through December of every year, and then as needed beyond that. The approval of resolutions results from the discussion of certain subjects under designated agenda items or sub-items.

Additionally, the UNGA takes important decisions for the UN, such as:

on the Security Council’s proposal, appointing the Secretary-General
selecting the Security Council’s non-permanent members
adoption of the UN budget
- Security Council

The Security Council is one of the six primary UN bodies created by the UN Charter. The Security Council, which may convene anytime peace is endangered, is given primary responsibility for preserving global peace and security.

The Charter lists the following four goals for the UN:

to uphold world peace and security,
foster amicable relations between states,
work together to resolve global issues and advance respect for human rights, and
serve as a hub for coordinating international action.

The Security Council’s decisions are accepted and will be implemented by all UN members. merely the Security Council has the authority to adopt decisions that member states are subsequently required to execute in accordance with the Charter, whereas other UN entities may merely offer recommendations to member states.

At Church House in Westminster, London, the Security Council had its first meeting on January 17, 1946. The Security Council has had a permanent abode in the UN’s New York City headquarters ever since its first meeting. It visited several locations as well, having meetings in Addis Abeba, Ethiopia, in 1972, Panama City, Panama, and Geneva, Switzerland, in 1990.

At the UN Headquarters, a representative of each of its members should be always present to enable the Security Council to convene whenever necessary.

Economic and Social Council

The Economic and Social Council is at the Centre of the UN system’s efforts to improve the economic, social, and environmental aspects of sustainable development. It serves as the main forum for promoting discussion and original thought, establishing agreement on the best course of action, and coordinating efforts to meet globally recognised objectives. In addition, it oversees the follow-up to important UN summits and conferences.

One of the six primary United Nations agencies, the ECOSOC was founded in 1945 under the UN Charter.

ECOSOC serves as a gateway for international cooperation with and involvement in the UN, building on its coordinating function within the UN system. It provides a singular worldwide forum for fruitful discussions between legislators, academics, foundations, corporations, young people, and 3,200+ registered non-governmental organisations.

The activity of ECOSOC is organised around a yearly subject that has global significance for sustainable development. This guarantees concentrated attention among the many partners of ECOSOC and throughout the UN development system. By highlighting interrelated economic, social, and environmental issues, ECOSOC promotes consensus on cogent policies and initiatives that forge crucial connections between the three.

Trusteeship Council

The Trusteeship Council was formed by the UN Charter as one of the principal UN bodies, and it was given the responsibility of overseeing the management of Trust Territories put under the International Trusteeship System. The growth of Trust Territory inhabitants and their progressive transition to self-government or independence were the main goals of the International Trusteeship System. The Trusteeship Council is made up of China, France, the Russian Federation, the United Kingdom, and the United States, the five permanent members of the Security Council. To the degree that all Trust Territories have achieved self-government or independence, either as distinct States or by joining other nearby sovereign nations, the objectives of the Trusteeship System have been achieved.

According to the Charter, the Trusteeship Council is authorised to examine and discuss reports from the Administering Authority on the political, economic, social, and educational advancement of the peoples of Trust Territories, as well as to examine petitions from and undertake periodic and other special missions to Trust Territories in consultation with the Administering Authority.

International Court of Justice

The International Court of Justice (ICJ) is the United Nations’ (UN) primary judicial arm. The United Nations Charter created it in June 1945, and it started operations in April 1946.

The Court is headquartered in the Peace Palace in The Hague, Netherlands. It is the only one of the six primary institutions of the UN that does not have its headquarters in New York (United States of America).

The Court’s duty is to resolve legal disputes brought to it by States in line with international law, as well as to provide advisory opinions on legal problems addressed to it by authorised United Nations institutions and specialized agencies.

The Court is made up of 15 justices who are chosen for nine-year periods by the United Nations General Assembly and Security Council. It is aided by a Registry, which serves as its administrative organ.

The Court has two functions: to resolve, in line with international law, legal disputes brought to it by States (contentious cases) and to provide advisory opinions (advisory processes) on legal problems addressed to it by fully authorised United Nations institutions and specialized agencies.

The abbreviation v. for the Latin versus is used to distinguish the names of the parties in the official title of a case when a dispute is brought before the Court in a contentious action involving a unilateral application filed by one State against another (example: Cameroon v. Nigeria). The names of the parties are separated by an oblique stroke (for example, Indonesia/Malaysia) when a dispute is brought before the court based on a special agreement between two States.

On May 22, 1947, the first case put into the Court’s General List (Corfu Channel (United Kingdom v. Albania)) was presented.

Between May 22, 1947 and June 27, 2023, 189 instances were added to the General List.

Secretariat

The UN Secretariat, which consists of workers from various nationalities working at duty stations all around the globe, manages the Organization’s day-to-day operations. The Secretariat provides support to the United Nations’ other major institutions and implements the activities and policies adopted by them.

The UN Secretariat is in charge of carrying out daily activities as ordered by the General Assembly and the Organization’s other important bodies. The Secretary-General oversees the Secretariat, which employs tens of thousands of UN personnel in duty stations across the globe. UN personnel are recruited both worldwide and locally, and they serve at duty stations and on peacekeeping missions. In a violent world, serving the cause of peace is a perilous career. Hundreds of heroic men and women have lost their lives in the service of the United Nations since its inception.

The Secretariat is divided into departments or offices, with each having its own area of operation and responsibility. Offices and departments work together to maintain coherence in the UN’s work agenda. The UN Secretariat is headquartered in New York City, USA. Outside of its headquarters, the UN operates three primary offices and five Regional Economic Commissions.

Membership of United Nations

According to the United Nations Charter, membership in the Organization “is open to all peace-loving States that accept the obligations contained in the United Nations Charter and, in the Organization’s judgement, are able to carry out these obligations.” States are admitted to the United Nations by a resolution of the General Assembly based on the Security Council’s proposal. Only other states and governments may give or withhold recognition to a new state or government. It typically indicates a willingness to get into diplomatic ties. The United Nations is neither a state nor a government, and so lacks the ability to recognize either. As an organization of sovereign States, it has the authority to admit new members or recognize the credentials of delegates from new governments.

Briefly, the process is as follows:

The State sends a formal letter acknowledging its acceptance of the Charter’s commitments together with an application to the Secretary-General.
The application is examined by the Security Council. If none of the Council’s five permanent members — China, France, the Russian Federation, the United Kingdom of Great Britain and Northern Ireland, and the United States of America — have cast a vote against the recommendation, it must receive the support of nine of the council’s fifteen members.
If the Council recommends admittance, the General Assembly is informed of the recommendation. For a new State to be admitted, the Assembly must vote by a two-thirds majority.
On the day the resolution for admission is approved, membership takes effect.

The General Assembly reviews the credentials of each participant from a participating Member State during each session. The question of whether a specific delegate has been accredited by the Government in power may be brought up during such deliberation, which usually takes place first in the nine-member Credentials Committee but may also come up at other times. The Assembly will finally settle this matter by a majority vote. It should be highlighted that a democratic election or a regular change of government does not raise any questions about the representative of the State in question’s qualifications.

Conclusion

United Nations being an international organization work for world peace and security so it is necessary for it to have proper structure to tackle all the issues at international level or to achieve its goals. These were the following main organs of the United Nations which work as per the principles laid down in the United Nations Charter which is the constitution of United Nations or the main driving force of United Nations. Also, United Nations has developed with changes in society it has never lagged and it is working with a good team that can handle all the issues with perfection but still there has been chances of non-implementation of its policies sometimes so it should also work on those issues.

References