Dispute Settlement, UN Organs, & Use of Force

Question 1

Ways ICJ can gain jurisdiction

Answer 1

Explicit agreement between states.

Treaty clauses granting the ICJ jurisdiction.

Implicit acceptance (forum prorogatum) through undergoing proceedings. Ex: Albania participated in porceedings without raising jurisidictional objections in Corfu Channel case, implying consent.

Compulsory jurisdiction under Article 36(2) of the ICJ statute, but with limits and reservations.

Advisory jurisdiction when UN organs or other authorized agencies request an ICJ advisory opinion on legal matters.

Question 2

Role of the UNGA

Answer 2

Known as the “Parliament of Nations.”

Each member state has one vote.

Handles key issues like international peace and security, admitting new members.

Decisions require a 2/3 majority.

Has six main committees focusing on various issues.

Question 3

Historical evolution of prohibition on the use of force

Answer 3

The idea of jus ad bellum (just war theory) developed over time.

Ancient Rome had the jus fetiale (law of diplomacy) for justifiable war declarations.

Christian just war doctrine was established by figures like St. Thomas Aquinas and St. Augustine.

The Peace of Westphalia (1648) to WWI: war was seen as inherent to state sovereignty.

The League of Nations and Kellogg-Briand pact (1928) attempted to restrict war, but ultimately failed.

The UN Charter (Article 2(4)) established the modern-day prohibition on the use of force.

Question 4

Six main committees of the UNGA

Answer 4

1. Disarmament/security
2. Economic/financial
3. Humanitarian/social/cultural
4. Special political/decolonization
5. Administration/budget
6. Legal

Question 5

Function of the Secretariat

Answer 5

The Secretariat carries out the administrative work of the UN and is led by the Secretary-General.

Question 6

Exceptions to the prohibition of the use of force

Answer 6

Self-defense (Art. 51 UN Charter)

Collective enforcement authorized by UNSC, typically through economic sanctions

Question 7

UN organ that prosecutes international criminals

Answer 7

International Criminal Court (ICC)

Question 8

Purpose of ECOSOC

Answer 8

ECOSOC fosters international cooperation for development and has 54 members elected by the UNGA for three-year terms.

Question 9

Main organs of the UN

Answer 9

1. United Nations General Assembly (UNGA)
2. United Nations Security Council (UNSC)
3. Economic and Social Council (ECOSOC)
4. Secretariat
5. International Court of Justice (ICJ)
6. Trusteeship

Question 10

Humanitarian intervention

Answer 10

Use of force to prevent or stop humanitarian crisis

Controversial, ideally authorized by UNSC

Question 11

What is the UN Family?

Answer 11

Specialized agencies linked to the UN through cooperative agreements (e.g. FAO, ILO, IMF, WHO).

Question 12

What did the Trusteeship Council do?

Answer 12

The Trusteeship Council ensured that trust territories were prepared for self-governance and suspended its activities in 1994.

Question 13

Different interpretations of self-defense

Answer 13

Restrictive:
- Self-defense only after an attack has occured

Anticipatory:
- Self-defense if attack is imminent
- Must be necessary and proportional

Preemptive:
- Self-defense with fewer restrictions
- Controversial