By : Tracy Tania

ILMS Public Int’l Law Training Camp

25 April 2010
Article 7 UN Charter
1. There are established as principal organs of
the United Nations: a General Assembly, a
Security Council, an Economic and Social
Council, a Trusteeship Council, an
International Court of Justice and a Secretariat.
2.Such subsidiary organs as may be found
necessary may be established in accordance
with the present Charter.
 Consists of 15 member states (5 permanent +
non permanent)
 Permanent members = China, France, UK, US,
Russia (article 23 UN Charter)
 Non permanent members are elected every 2
years by the General Assembly
Article 24(1) UN Charter
1. In order to ensure prompt and effective action by the United
Nations, its Members confer on the Security Council primary
responsibility for the maintenance of international peace and
security, and agree that in carrying out its duties under this
responsibility the Security Council acts on their behalf.

Making recommendations for the peaceful settlement of

disputes and taking enforcement action to deal with
threats to the peace, breaches of the peact and acts of
agression
Article 25 UN Charter
The Members of the United Nations agree to
accept and carry out the decisions of the
Security Council in accordance with the
present Charter.

Binding Power?  “agree to accept and carr y

out”
Article 39 UN Charter
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.
Article 41 UN Charter
The Security Council may 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 complete or partial interruption of
economic relations and of rail, sea, air, postal, telegraphic, radio, and
other means of communication, and the severance of diplomatic
relations.
Article 43 UN Charter
Should the Security Council consider that measures
provided for in Article 41 would be inadequate or
have proved to be inadequate, it may 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.
 Each permanent member has a veto on non-
procedural matter
 Implications?
• Criticized as a crippling-limitation on the powers of SC
• Most political organin UN
 Consists of all the member states of the UN
 192 member states
 A forum for multilateral discussion of a very wide scope of
international issues covered by the Charter.
Article 10 UN Charter
The General Assembly may discuss any questions or any
matters within the scope of the present Charter or relating to
the powers and functions of any organs provided for in the
present Charter, and, except as provided in Article 12, may
make recommendations to the Members of the United
Nations or to the Security Council or to both on any such
questions or matters.
 Consider and make recommendations on the general principles of cooperation for
maintaining international peace and security, including disarmament;
 Discuss any question relating to international peace and security and, except where
a dispute or situation is currently being discussed by the Security Council, make
recommendations on it;
 Discuss, with the same exception, and make recommendations on any questions
within the scope of the Charter or affecting the powers and functions of any organ
of the United Nations;
 Initiate studies and make recommendations to promote international political
cooperation, the development and codification of international law, the realization
of human rights and fundamental freedoms, and international collaboration in the
economic, social, humanitarian, cultural, educational and health fields;
 Make recommendations for the peaceful settlement of any situation that might
impair friendly relations among nations;
 Receive and consider reports from the Security Council and other United Nations
organs;
 Consider and approve the United Nations budget and establish the financial
assessments of Member States;
 Elect the non-permanent members of the Security Council and the members of
other United Nations councils and organs and, on the recommendation of the
Security Council, appoint the Secretary-General.
 Binding Power?
• GA Resolution is not bindind upon member states
• It may however take decisions which are binding on
member states for some matter (ex: Budgetary)
• Although it’s not binding, it can have important legal
effects  It may be evidence of CIL or correct
interpretation of the UN Charter (Nuclear Weapon Adv
Opinion 1996 par 70)
Article 97 UN Charter
The Secretariat shall comprise a Secretary-
General and such staff as the Organization
may require. The Secretary-General shall be
appointed by the General Assembly upon the
recommendation of the Security Council. He
shall be the chief administrative officer of the
Organization.
 Around 40.000 staffs around the world
 Carry out day-to-day work of the organization 
mostly administrative works (ex: administering
peacekeeping operations to mediating international
disputes, surveying economic and social trends and
problems to preparing studies on human rights and
sustainable development, inform the world's
communications media about the work of the United
Nations; organize international conferences on issues of
worldwide concern; and interpret speeches and translate
documents into the Organization's official languages.)
Article 99 UN Charter
The Secretary-General may bring to the attention of
the Security Council any matter which in his
opinion may threaten the maintenance of
international peace and security.
Secretary General is expected to take political
initiatives.
 1989 : Javier Pérez de Cuellar requested an urgent
meeting of the Security Council to be convened
after an escalation in the military confrontation in
and around Beirut, Lebanon.
 54 member states (18 members are elected
each year by the GA)
 Main function = make or initiate studies and
reports, make recommendations, prepare draft
conventions, and organize int’l conferences
(like GA but limited to international
economic, social, cultural, educational, health,
and related matters)
 Coordinate the activities of the ‘specialized
agencies”
 Specialized Agencies = organizations
established by intergovernmental agreement
and having wide international responsibilities,
such as economic, social, cultural, educational,
health, and related fields (ex: ILO, IMF,
UNESCO)
Article 86 UN Charter
The Trusteeship Council shall consist of the following Members of the United
Nations:
a. those Members administering trust territories;
b. such of those Members mentioned by name in Article 23 as are not
administering trust territories; and
c. as many other Members elected for three-year terms by the General
Assembly as may be necessary to ensure that the total number of members
of the Trusteeship Council is equally divided between those Members of the
United Nations which administer trust territories and those which do not.
The Trusteeship Council suspended operation on 1 November 1994, with
the independence of Palau, the last remaining United Nations trust
territory, on 1 October 1994.
 Supervising the administration of Trust Territories placed
under the Trusteeship System
 Promote the advancement of the inhabitants of Trust
Territories and their progressive development towards self-
government or independence
 Examine and discuss reports from the Administering
Authority on the political, economic, social and educational
advancement of the peoples of Trust Territories and, in
consultation with the Administering Authority, to examine
petitions from and undertake periodic and other special
missions to Trust Territories (Article 87 UN Charter)
 UN Principal Judiciary Organ of the United
Nation
 15 Judges elected by the GA and SC
 Competency = Contentious Case + Advisory
Opinion
 States entitled to appear before the court
- State parties to ICJ Statute which consist of UN
member states and non UN member states
- Non state parties to the ICJ
SC Res9 (1946)
1. State that has previously deposited with the
Registrar of the Court a declaration by which it accepts
the jurisdiction of the Court
2. State undertakes to comply in good faith with the
decision or decisions of the Court and to accept all the
obligations of a Member of the United Nations under
Article 94 of the Charter.
 Special Agreement
 Case provided for in treaties and conventions
 Compulsory jurisdiction in legal disputes
 Forum prorogatum
 Interpretation of a Judgement
 Revision of a Judgement
 Art 59 ICJ Statute  ICJ’s decision only binds
state parties
 Art 94 UN Charter  each Member of the United
Nations undertakes to comply with the decision of
the International Court of Justice in any case to
which it is a party
 Non compliance  enforcement measure under
article 94(2) UN Charter
• recourse to the Security Council  recommendations or
decide upon measures to be taken to give effect to the
judgment.
 Only organisations authorised or in
accordance by UN Charter can request an
advisory opinion
• Art 96 UN Charter  SC and GA
• Other authorised specialised agencies

 No binding power except in special

circumstances
 Advisory opinion represents the participation of
the Court in UN activities
 The exercise of advisory opinion involves
coordination between UN organs and ICJ
 UN principles = specialisation, non-
subordination, competence, and
COORDINATION (Judge Bedjaoui)
 ICJ and UN bodies concerns of achieveing UN
main goals  coordination  advisory opinion
work as a “media”
 Relationship between ICJ and Security Council
• Does ICJ has the authority to review the action taken
by SC?
• If yes, does ICJ has the authority to review SC’s action
related to the matter of maintenance of peace and
security?
• If yes, what is the standard of of review to such
decision?