Overview of United Nations Membership and Organs
Classified in Law & Jurisprudence
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Membership: Can be classified into 2 heads:
a) Original members - states that participated in UN conference at San Francisco.
b) States admitted as members - a state may be admitted to UN on the affirmative recommendation of Security Council and by resolution of General Assembly by 2/3 majority. Essentials:
a) Must be a state
b) Must be a peace-loving state
c) Must accept obligations of UN Charter
d) Must be willing to carry out those obligations
e) Must be able to carry out those obligations. Suspension of Members: A member of UN against which preventive or enforcement action has been taken by the Security Council may be suspended from the exercise of rights and privileges of membership. Suspension is done by General Assembly upon the recommendation of Security Council.
Principle Organs of UN:
1) General Assembly: Is the most democratic and representative organ. Each member state can send 5 representatives. In the General Assembly, each member is entitled to one vote. At present, there are 193 members in the General Assembly. Functions and Powers:
a) Deliberative function
b) Supervisory function
c) Financial functions
d) Elective functions
e) Constituent function
2) Security Council: It consists of 15 members, 5 permanent and 10 non-permanent members. The permanent members are America, Britain, China, France, and Russia. The 10 non-permanent members are elected by General Assembly for a term of 2 years. Each member state is entitled to send one representative to the Security Council.
Double Veto: The decision of Security Council on all important and substantive matters shall be made by an affirmative vote of all members, including the affirmative votes of permanent members. Whenever a question arises whether a matter is procedural or substantial, the decision on that matter is substantial, and a permanent member can exercise the power of veto and convert that matter into a substantive matter. Again, when that matter comes for the decision of Security Council, the permanent members which earlier exercised veto power can exercise veto power. It is called double veto. Powers and Functions:
a) Maintenance of international peace and security
b) Elective functions
c) Supervisory function
d) Constituent function.
3) The Secretariat: It comprises the Secretary-General and its staff. The Secretary-General is appointed by the General Assembly upon the recommendation of Security Council. He is the chief administrative officer of the organization. The appointment of Secretary-General is a substantial matter, and the affirmative vote of 5 permanent members is necessary.
4) International Court of Justice: It consists of 15 judges elected by General Assembly and Security Council separately. These judges are elected for a period of 9 years and can be reappointed after the expiry of the term. All decisions of the court are made based on the majority of judges. The President of the court can give a casting vote in case of a tie. The seat of the court is at The Hague, Netherlands. Jurisdiction: Is open for all states of the world. Only states may be parties to any dispute before the court. International organizations may request the court to give an advisory opinion on legal matters. It has jurisdiction to decide all cases referred to it by the parties, and the decision of the court shall be binding upon the parties. This jurisdiction of the court is known as voluntary jurisdiction. According to Article 36(2) of the Statute of the International Court of Justice, parties to the statute can confer compulsory jurisdiction upon the court by making such a declaration in respect of any other state that also accepts similar obligations. This is called optional jurisdiction of the court.
5) The Economic and Social Council: It consists of 27 members elected by General Assembly for a term of 3 years. It may make studies and reports with respect to international economic, social, cultural, educational, health, and related matters. It may make recommendations for promoting respect for human rights and fundamental freedoms for all.
6) The Trusteeship Council: Is one of the principal organs of UN. The main function of the Trusteeship Council is to administer trust territories.