United Nations Flashcards
Organs of the UN
Security Council, General Assembly, The Secretariat, ECOSOC, ICJ
Security Council
- 15 member States (RUS, USA, CHINA, UK & FR permanent)
- Function –> maintenance of international peace and security. They make non binding recommendations or binding decisions.
- Voting –> yes of 9/15 members, if there are not procedural matters 5 of those have to be permanent members.
The general Assembly
-is the plenary organ of the UN
- 193 member. All have representation and voting right. (Art. 18 uN Charter)
- function –> wide. They discuss every matter within the scope of the UN (powers, functions etc.), but only non-binding recommendations.
The Secretariat
- Function –> chief administrative officer
- Elections made by the General Assembly with Security Council recommendations for a 5 year term.
- Competences Art. 98 and 99 UN charter.
Wat is the ICJ? what is his role?
The international law of Justice is the main judicial organ of the UN. It is the most important permanent court with general universal jurisdiction for the settlements of disputes.
Its two roles:
- To settle legal disputes between states in accordance with international law. they have binding force
- To give advisory opinions on legal questions referered to it duly by authorized United Nations organs and agencies.
Will the ICJ take the case?
- The parties must have access to the court. These are the States parties to the ICJ Statute and members of the UN (Art. 35 & and 92 UN Charter).
- The State must have accepted the jurisdiction of the ICJ. This requirement is met if the parties express their consent to the Treaty itself or in an special agreement or that they recognize the jurisdiction of the ICJ as compulsory wo special agreement (Art. 36)
Requirements to self-defense
- There must be an armed attack i.e. a grave military incident
- The counter-attacks can only be directed against the state responsible for the armed attacks, i.e. to whom later can be legally attributed
- Any act of self-defense must follow international principles and can only be legal under the principles of proportionality and necessity.
art 4 and 51 UN charter.
Chapter VII — Collective Security
The Security Council shall determine if there is any breach or threat of the peace, act or aggression and shall make recommendations, or decide on measures shall be taken according to 41 y 42, to maintain or restore international peace and security