United Nations Flashcards
What has the creation of the United Nations achieved?
The creation of the UN has led to international cooperation becoming the norm and not the exception. It was created under the 1945 UN Charter, and it is aimed to provide a forum for better cooperation among states. It is not intended to constitute a world government. Membership is open to all peace-loving states [Art 4], but state membership may be suspended [Art 5] or terminated [Art 6].
How does the General Assembly function?
This is the ‘parliamentary branch’ of the UN [Art 10]. It has the power to discuss any matter within its jurisdiction, and it may address its resolutions to organs of the UN, member or non-member states, NGOs and even individuals. It may not make any recommendations on issues currently before the SC [Art 2(7) and 12]. Its resolutions are not binding, unless they concern the internal affairs of the organisation. The GA must also approve the budget. Each state is entitled to one vote in the GA.
What was held in the Uniting for Peace resolution?
In any cases where the Security Council, because of a lack of unanimity amongst its five permanent members, fails to act as required to maintain international peace and security, the General Assembly shall consider the matter immediately and may issue any recommendations it deems necessary in order to restore international peace and security.
How does the Security Council function?
This has 15 member states, five of whom are permanent members (USA, France, UK, Russia, China). The other ten are elected for terms of two years each (5 from Africa/Asia, one from Eastern Europe, two from Latin America and 2 from Western Europe and other states). Continuous representation in New York is required. Decisions taken by the SC are binding on member states, who may face sanctions for non-compliance. The permanent five have veto power on substantive issues, not procedural ones [Art 27].
What is the definition of aggression?
Defines certain acts as aggression, such as armed invasions or attacks, bombardments, blockades, armed violations of territory, permitting other states to use one’s own territory to perpetrate acts of aggression and the employment of armed irregulars or mercenaries to carry out acts of aggression.
What is the role of the ICJ?
The ICJ has the power to review actions taken by organs of the UN.
What was held in the Lockerbie case?
1992 SC resolution calling on Libya to surrender two officials who had been indicted in the USA and Scotland for causing the destruction of an American aircraft over Lockerbie. Libya claimed a right to try the officials themself. However, SC resolutions override rights created by treaty.
What was held in the Wall in Occupied Territory case?
The GA now interprets the words ‘is exercising the functions’ as meaning ‘is exercising the functions at this moment.’ The court has noted that there has been an increasing tendency over time for the GA and SC to deal with the same matter concerning international peace and security simultaneously. It is now increasingly common for both the GA and the SC to deal with the same matter at the same time. While the SC tends to focus on the aspects of such matters related to international peace and security, the GA has taken a broader view and focused on the humanitarian, social and economic aspects.
What does the UN think about human rights?
The UN Charter contained the first universal legal statement of human rights. It requires member states to enocourage respect for human rights and for fundamental freedoms without distinction based on race, sex, language or religion. These were not binding obligations to recognise rights. Rather, they only required states to promote them. Hence, it is hard to enforce them.
What was held in McCallum v South Africa?
The Human Rights Commission held South Africa liable for failing to protect the interests of Mr McCallum in accordance with international law.
What is the African Union?
This is a supranational body, committed to achieving greater unity, defending the sovereignty of members, accelerating integration of the continent, encouraging international co-operation (taking into account to UNC and UDHR), promoting peace, security, democratic principles, good governance and human rights.
Its main organs are a Pan-African Parliament, Assembly (heads of states), Commission (secretariat), Executive Council, and several judicial and human rights institutions.
