United Nations And International Law - Essay Example

United Nations And International Law Introduction The United Nation (UN) was founded as the successor of the League of Nations that had failed to instill peace amongst its member states and this led to the Second World War. The international organization was formally founded on January 1st, 1942, in Washington by 26 member countries which were at war with the Axis and China, United States, Soviet Union, and Great Britain serving as permanent security members- a policing role -to ensure that an occurrence of war does not inflict the world. In June 1945, San Francisco, delegates of fifty States met to officially conclude the Charter of the United Nations where they successfully formed the General Assembly with 5 nations as part of the Security Council of the body with 6 non- permanent members. Additionally, the charter provided for an Economic and Social Council, an International Court of Justice, a Trusteeship Council to manage colonial territories, and a Secretariat under a Secretary General. Later in October that year, 29 members formally ratified the charter. Currently, the international body comprises 193 member countries around the globe with each member being part of the General Assembly, the newest member of the General Assembly being South Sudan. The UN is also mandated with the maintenance of world peace and security among member States through its many organs and agencies by providing frameworks for application of international law in case of disputes that may arise between differing countries. International Law Relations amongst different states is very critical due to escalating political and volatile military environment around the globe this leads to the importance of international policing to ensure respect for fundamental human rights. The role of the United Nations through its different affiliate organs; the United Nations Secretariat, International Court of Justice and the Security Council carry this important function of ensuring peace in the world. the international Court of Justice have affiliate courts and tribunals that aid in reprimanding people and states who have committed acts against people in different parts of the globe. These include International Criminal Court-created by the Rome Statute, Secretary-General's Trust Fund and the Special Tribunal for Lebanon amongst others. International law is very beneficial in that without it there would be chaos this is based on a set of the outline on states as the key actors in the international legal system. The international law defines each and every states individual and collective role in their performance with one another, within each and every state's boundary and their treatment of their citizens of those member countries. International law covers very many different areas primal to their interest is the value of human rights, disarmament of militia communities and other unauthorized militias, refugees, migration, statelessness, organized crime, and treatment of inmates among others. Secretariat The headquarters of the United Nations hence the Secretariat is based in New York, although the body maintains the formidable presence in various cities across the globe and these include Ethiopia, Austria, Kenya, Santiago, Thailand, Switzerland, and Beirut. This refers to a host of international staff working in very many different duty stations around the world, they carry out diverse functions that relate to day-to-day roles of their offices and the general core values of the body. The Secretariat enhances the activities of other agencies and primary organs of the UN and thereafter oversees the programmes and functions established by them. At the heart of-secretariat there is a Secretary-General who is appointed by the UNGA with the assistance from UNSC and serves a five-year term, which is renewable. The secretariat is the core body of the United Nations and runs most of its day-to-day activities, coordinating the mandate of the United Nations all over the world. The range of duties includes but not limited to overseeing peacekeeping operations in volatile countries, meditation of international disputes amongst countries, surveying economic and social trends, and research and enforcement of human rights and enhancing sustainable development. The other key role of the Secretariat staff is to inform and issue a communiqué to the international community of the roles of the United Nations amongst other functions. In the year 2011, this body estimates that the staff working under the Secretariat across the globe number to about 43,747 members. Staff members of the secretariat are ranked as international civil servants and they are answerable only to the United Nations for their roles and functions to the body. The staff member s are bound by oaths of office guiding their conduct particularly in regard to Governments or international actors or authorities which may compromise their decisions. The member states also take an oath under the Charter, to uphold and revere the exclusively international image of the United Nations, respect the Secretary-General and the staff of the Secretariat and abstain from any effort to influence the Secretariat from dutifully carrying out their duties (United Nations, 2000). Under the direction of the Secretary-General and the Security Council, the United Nations currently pursues 16 peace keeping operations across four continents. This role of peace keeping and promotion is a hectic tasks placed upon the shoulders of the Secretary-General and the staff of the United Nations with the human resources at their disposal. Several countries under the banner of peacekeeping missions have contributed soldiers to the peacekeeping missions to enhance this important role across volatile nations. Countries that have benefitted from these peacekeeping missions include countries such as Sierra Leone, Democratic Republic of Congo, Yugoslavia, amongst others. The Secretariat of the Unite Nations is made up of a structure that is organized in offices headed by the executive office of the secretary-general with different offices that coordinate different functions of the United Nations. The offices under the secretary general include the office of the spokesperson for the Secretary-General, the protocol and liaison service office, the ethics office, the global compact office, the office of the information and communication technology officer and the United Nations Office for Partnerships. There is also the Office of Internal Oversight Services that deals with internal audit, inspection and evaluation and investigations. The legal affairs office deals with all the legal issues of the United Nations is composed of various departments to oversee its functions and the department of political affairs deals with political issues that concern the different regions of the world. This department also deals with specific regions that deal with political affairs in different parts of the world like that dealing with the Middle East region and the West Asia region. The political office also deals with a wide range of international policies including mediation and decolonization, however, the role of decolonization is no longer an integral part of the office's mandates as it seized in 1984. The Office for Disarmament Affairs has different branches that deal with weapon issues and arms, a vital role since it ensures security and safety of more than six billion people in the world. This department is fragmented into various other sub-departments including those of Weapons of Mass Destruction, the Conventions Arms, Information and Outreach, Regional Disarmament branch, the Department of Peacekeeping Operations dealing with peacekeeping missions around the world, the department of Field Support dealing with personnel, budget and finance as well as the logistics support division. It also deals with communication and technology service in the world. The Office of the Coordination of Humanitarian Affairs deals with world humanitarian issues through the adoption of relevant and appropriate coordination policies, advocacy, information management and humanitarian financing. The Disaster Risk Reduction office has sections that deal reduction of risks to protect people's lives and assets that include efforts to improve adaptation to climate change, public awareness on disaster risk reduction, gender inequality in the decision making process and sustainable development for the future. The Secretariat also has a Department of Economic and Social Affairs (DESA) tasked with financing for international developments, an office for economic and social council support and coordination, a division tasked with upholding of tights of persons of disabilities, and evaluation of the world social situation. DESA is also involved with keeping records of statistics on international social issues, development of policies and enhancement of public administration. There is also the department of General Assembly and Conference Management (DGCAM) divided into the Office of Protocol and Liaison Service, Central Planning and Coordination Service, General Assembly and Economic and Social Council Affairs office, Meetings and Publishing Division, and Documentation Division. The Department of Public Information relays the Secretariats’ decisions and notifications to the public through the news and media division and is also mandated with guiding of outreach programmes in various nations, and is aided by the strategic communications division. The organ also has a department dealing with management of planning, finance, the United Nation’s budget, and overall accounts. This department accommodates the treasury that oversees the overall financial performance of the international body in terms of preparations of budget and keeping of accounts. The Secretariat influences international law through international justice bodies such as the Office of the United Nations Ombudsman that deals with complains lodged against the union. The other body is Office of Administration of Justice that oversees fair, equal and just administration of justice, the United Nations Dispute Tribunal tasked with resolving of disputes between countries or between countries and other non-state politically based groups. The Appeals Tribunal handles any appeals or complaints any state, group or individual that may want seek redress from the union’s Secretariat. The secretariat performs its important role in combination with a number of other affiliated United Agencies. International Court of Justice This is the primary judicial organ of the United Nations functioning in agreement with the Act, a fundamental part of the UN Charter, and all member states of the United Nations are automatic parties of the ICJ although other non-member states may join upon decision by the Security Council. The International Court of Justice has the powers and authority to craft binding and obligatory resolutions on matters regarding international law and rules which have been forwarded to it by States (Butler, 2009), and is tasked with giving opinions on any legal issues to the Security Council or any other organs of the body. The ICJ helps in settling disputes between states basing its decision on international law that is binding to all member states. The court has helped settle contentious disputes between States concerning borders, fishing jurisdictions, nationality issues, the right of asylum, military disputes, and issues regarding passage over foreign territory Solis (2010). The ICJ is a major actor in world politics, after it was created in 1945 under the Charter of the United Nations, it was has been instrumental as the primary judicial body that all the member states have entrusted with refereeing international disputes. This international court succeeded the PCI -Permanent Court of International Justice that was operating under the League of Nations from1922 to 1946. The court has handled 153 cases to date from the initial case submitted before in 1947, currently there are up to 13 cases pending before the court with the majority being about boundaries. Critics of the court often argue that the court lacks the strength to bind sovereign states with its decision, that international law is merely a matter of willingness by a state, and that it cannot be compelled to follow such decisions. Despite, the critic’s perception, the ICJ has had a very great record concerning compliance to its decisions from states; however, the court has experienced its own potion of failures with respect to compliance. Article 94(2) of the Charter covers the mechanism that can be adopted to ensure enforcement of the primary orders of the ICJ (Grant, 2009). The primary enforcer of these orders is the Security Council and this organ might a number of tools to compel states that are complying with the ICJ orders to do so. The tools that the Security Council may adopt may range from s mere peaceful appeal to heavy decisions such as withdrawal of funding by international lenders such as World Bank and IMF, sanctions and other mechanisms. Currently Iraq is facing several sanctions from the international body and its affiliate bodies and the United States for its non-compliance decision, after it was ordered to halt uranium enrichment programme. It should however be noted the primary goal of the ICJ is to ensure that nations should abide by its decisions in a very peaceful manner and that the use of those other mechanisms should be last option for it on the table. Before the bush administration launched an offensive attack on Iraq, the United States sought out a directive from the ICJ so that the Saddam regime comply with this directive to allow United Nations Inspectors in the country. Additionally it is important to examine critically enforcement options that are available for the Winning state, any other third party; of importance are also options available through the General Assembly, and the Secretary-General. States might either choose to feign compliance or delay the period of compliance and this they do so as to be non compliant to the directives and orders of the ICJ. However, it should be noted that, it law any agreement that states have entered into is binding upon them and the Charter ratified by all member states of the international body is binding upon them. This therefore, means that the directives and orders issued by the ICJ are binding and parties involved in the dispute and have acknowledged its jurisdiction by submitting their cases before the court have a duty of complying with all the orders and directives issued by the court. The ICJ is governed by sources of international law as listed in Article 38(1) of the Statute which provide the court to apply treaties which are written agreements among States as set out in the 1969 Vienna Convention on the Law of Treaties. The Vienna Convention contains the elements of the treaty, the procedures to be followed to enforce such treaties and how they bind States, the steps to be taken in case of breach of the treaty by any State(s), and standards for inferring treaties (Villiger, 2009). States that are signatories to a treaty are bound to the treaty through consent by sending an instrument of ratification to the depository of the treaty while States that are not signatories to an international convention could decide to be party to the treaty by sending an instrument of accession that bears the same legal effect as the former document. The ICJ also applies international customary law which are general practices legally accepted as law through a consistent and identical usage among States over time and are binding to all member States when enforced. However, finding evidence for constant general practice is sometimes faced with obstacles because proving that a State acted out of political reasons rather than legal obligation is difficult. The State claiming that a certain customary law exists has the weight to prove consistent and regular general practice of the alleged law among countries. In cases where there is a constant and widespread application of a custom without contradiction from any States, it is easy for the court to find existence of the rule of customary law. Judicial decisions of international courts and tribunals affiliated to the United Nations are very important as they play a substantive role in promotion of economic and social growth as well as worldwide peace and tranquility among the states. Unbeknown to very many people around the globe, these key United Nations decisions and those of its affiliate organs and agencies touch the lives of billions of people. The United Nations key mandate is to settle political disputes arising out of pertinent issues amongst differing states, to this end they apply relevant international laws, rules and treaties to which the parties assented and to minimize the effects of such international squabbles on the individual rights of innocent civilians. The United Nations has played a key role in the reduction of greenhouse gas emissions, for instance in 1992, a treaty was assented to at the UN Framework Convention on Climate obliging member states to adopt measures to ensure reduction of carbon dioxide emissions into the atmosphere. International Atomic Energy Agency Another important body charged with ensuring peaceful coexistence amongst states and humanity is the International Atomic Energy Agency. Nuclear weapons are the biggest threat to human existence on the face of this planet this was realized after the effect of the fateful atomic bomb attack on Hiroshima, Nagasaki and the Chernobyl nuclear disaster in Ukraine. The Tsunami that damaged the Japanese Fukushima Daiichi nuclear plant has brought to attention the important role of this United Nations agency. The agency’s primary role is to serve as the globe’s primary police officer on nuclear cooperation; it has a pool of scientists that aid in setting up intergovernmental atomic sharing strategies. The official role of the agency is to promote peaceful ways and mechanisms, in which states can utilize nuclear energy, and it steps in to perform its policing role to ensure states do not use illicit means to exploit nuclear activity, this is more so in relation to production of weapons. It does not arrest states, but rather perform evaluations on those states to ensure that they are compliance with the safety regulations of nuclear activity. The law does not give the agency the power to enforce standard of safety, but the agency can facilitate the creation of a standard, neither does it posses the jurisdiction to monitor and criticize the nuclear power industries. The inspection role of the agency relies heavily on the deliberate and voluntary collaboration of the affected member states and they are not mandated to follow such instruction or to produce such information publicly. The Chernobyl tragedy in Ukraine was a failure by the body or agency to conduct its evaluation and assessment duty and responsibility effectively. The agency has also been accused to be merely representing the interest of western countries; this was expressed in the wake of the agency’s effort in inspecting nuclear activities in Iran (Borger, 2012). Conclusion The United Nations has ensured promotion of world peace and security through convention, treaties and other judicial directives by its international courts and tribunals and affiliated agencies. When these conventions and treaties are submitted to the Secretariat, they represent the desire of the member States to operate within a set of rules, laws and obligations among themselves to ensure peace and a resolve of disputes. It is also the mandate of the international body to provide a basic structure for application of international rule of law as outlined in the Statutes and the UN Charter. References Borger, J (2012). Nuclear watchdog chief accused of pro-western bias over Iran. The Guardian Retrieved from http://www.guardian.co.uk/world/2012/mar/22/nuclear-watchdog-iran-iaea Butler, M. J. (2009). International conflict management. London: Routledge. Grant, T. D. (2009). Admission to the United Nations: Charter Article 4 and the rise of universal organization. Leiden: Martinus Nijhoff Publishers. Solis, G. D. (2010). The law of armed conflict: International humanitarian law in war. Cambridge, [Eng: Cambridge University Press. United Nations. (2000). Basic facts about the United Nations. New York: United Nations. Villiger, M. E. (2009). Commentary on the 1969 Vienna Convention on the Law of Treaties. Leiden: Martinus Nijhoff Publishers. Read More