Sunday, July 6, 2008

ORGANS OF THE UNITED NATIONS


Organs of the United Nations

The United Nations is composed of principal and subsidiary organs. There are six principal organs to wit: a.] the General Assembly, b.] the Security Council, c.] the Economic and Social Council, d.] the Trusteeship Council, e.] the International Court of Justice and f.] the Secretariat.


A.] The General Assembly

This comprises of all the members of the United Nations Organization. Each member state is entitled to send not more than five [5] representatives, five [5] alternates and the technical staff it needs. Each member shall be entitled to a vote in deciding matters of the organization. For decisions involving “important issues” the decision of at least two-thirds [2/3] of the members who are present are voting are to be attained. For all other matters not classified as important, only a majority vote of all those present and voting are needed.

The General Assembly’s functions are as follows:

a.] Deliberative Functions – initiates studies and recommendations towards the progressive development of international law.

b.] Supervisory Functions – receives and recommends annual reports from other organs of UN.

c.] Financial Functions – for the approval of the Organization’s budget and apportionment of expenses.

d.] Elective Functions – for the election of all the elective members of UN

e.] Constituent Functions – for the admission of members and amendment of the organization’s charter.

The United Nations General Assembly is currently headed by H.E. Srgjan Kerim, which was put into position on September 18, 2007, presiding as the President of the 62nd Session.


B.] The Security Council

This UN organ is for the maintenance of international peace and security. It is composed of the Big Five [China, France, UK, Russia and US] as the permanent members and ten non-permanent elective members who shall serve a term of two [2] years to be selected from members as follows: five [5] from Africa and Asia, two [2] from Latin American States, two [2] from Western Europe and one [1] from Eastern Europe.

Voting in the council shall be in accordance to the Yalta Formula which shall be characterized as procedural and non-procedural matters. Procedural matters are to be decided by a vote of at least nine [9] members. Non-procedural and substantive matters on the other hand needs a vote of at least nine [9] members including all of the so-called Big Five as permanent members. The Yalta formula intends the Big Five’s support in substantive matters since they are expected to exert the full force of their leadership in the preservation international peace and security which is the primary aim of the UN Security Council.

As of the year 2005 and 2006, the following have been considered as the non-permanent members of the Security Council: Algeria, Argentina, Benin, Brazil, Denmark, Greece, Japan, Romania, Philippines and the United Republic of Tanzania. Their terms shall end on every 31st day of December of their 2nd year.

C.] The Economic and Social Council

The Economic and Social Council consists of fifty-four [54] members which are elected by the General Assembly and shall serve a term of three [3] years with re-election. Terms are arranged in such a way that every year, one-third [1/3] of the members are done with their term and replaced if not re-elected. Voting shall require a majority of all those present and voting.

The General Assembly through this Council aims to improve:

a. Higher standards of living, full employment, and conditions of economic and social progress and development;

b. Solutions of international, economic, social, health and related problems, and international, cultural and educational cooperation; and

c. Universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language or religion.


D.] The Trusteeship Council

This organ is the one charged with the duty of assisting the General Assembly and the Security Council in the administration of the international trusteeship system. Its general purpose is to supervise the administration of trust territories. It is composed of the Big Five as permanent members.

However, according to Justice Isagani Cruz, this system has now become largely obsolete since almost all trust territories are now practically converted into full-fledged miniature states. The council has formally suspended its operations since November 1, 1994 after the independence of Palau, the last remaining UN Trust Territory. They have amended their rules of procedure to only meet as occasion would require instead of meeting once a year, by its decision or the decision of its president, the request of its majority, the General Assembly or Security Council.

E.] The International Court of Justice

This UN organ is tasked to decide contentious cases and to render advisory opinions. It shall functions in accordance with the Statute. All members of the Organization shall become ipso facto parties to the Statute, non-members may become a party on case to case conditions to be determined by the General Assembly upon the recommendation of the Security Council.

This organ comprises of fifteen [15] members who must be of high moral character, posses the qualifications of their respective countries for appointment in the highest judicial offices, are jurisconsults of recognized competence in international law and are elected by a majority vote of the General Assembly and the Security Council. They shall have a term of nine [9] yearswith re-election. Their terms are arranged in such a way that one-third [1/3] of the members are elected at three year intervals. They shall sit either en banc or in chambers composed of three [3] or more judges and shall decide by the majority of the judges present or nine [9] with the full court sitting.

The current President is H.E. Rosalyn Higgins from the UK. Other judges are Ronny Abraham from France, Awn Shawkat Al-Khasawneh from Jordan, Shi Jiuyong from China, Abdul G. Koroma from Sierra Leone, Hisashi Owada from Japan, Gonzalo Parra-Aranguren from Venezuela, Bruno Simma from Germany, Peter Tomka from Slovakia. Other members whose terms expired last 2006 are Thomas Buerghental from the US, Pieter H. Kooijmans from Netherlands, Jose Franco Rezek from Brazil and Vladlen S. Vereshchetin from Russia.

F.] The Secretariat

This organ of the United Nations is their chief administrative organ. It shall be headed by the Secretary-General who is chosen by the General Assembly upon recommendation of the Security Council. He has a fixed five [5] year term per resolution of the General Assembly. He may also be re-elected. The current Secretary-General of the Secretariat is Ban Ki Moon from Korea. He is entitled to full diplomatic immunities and privileges and is taked to bring into the attention of the Security Council any matter which in his opinion may threaten international peace and security. He also acts as the secretary in all the meetings of the primary organs of the UN except in the International Court of Justice and performs functions as may be assigned to him by the other organs.

Source:
International Law by Justice Isagani Cruz
www.un.org

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