Abstract
The United Nations is the only international organization whose membership and institutional reaches are genuinely universal. It therefore serves as the principal forum for addressing problems that extend beyond national borders and cannot be effectively resolved through the unilateral action of a single State. Although the Organization was initially created to preserve peace, protect human rights, facilitate international justice, and advance economic and social development, its work has expanded during the seven decades since its establishment to encompass newer challenges, including AIDS, big data, and climate change. Conflict settlement and peacekeeping remain among the most visible aspects of the United Nations’ work. Nevertheless, the Organization and its specialized agencies undertake a much broader range of activities intended to improve living conditions worldwide. These activities include disaster relief, educational advancement, the promotion of women’s rights, and the peaceful use of atomic energy.
One of the United Nations’ most significant contributions has been the creation and consolidation of a body of international law. That legal framework is central both to economic and social advancement and to the preservation of international peace and security. It is expressed through conventions, treaties, and internationally accepted standards. Numerous treaties negotiated under United Nations auspices now constitute part of the legal framework governing relations among States. Although this aspect of the Organization’s work may receive less public attention, it affects the daily lives of individuals across the world. The Charter of the United Nations expressly directs the Organization to assist in the peaceful settlement of international disputes, including through arbitration and judicial settlement under Article 33, and to encourage the progressive development and codification of international law under Article 13. More than 560 multilateral treaties have, over time, been deposited with the Secretary-General of the United Nations, while many other treaties have been deposited with States or other institutions. These instruments address subjects including human rights, disarmament, and environmental protection.
Introduction
The United Nations was created in 1945 with the central objective of ‘saving succeeding generations from the scourge of war.’ The preservation and maintenance of international peace consequently constitute one of its principal purposes. Within the United Nations system, primary responsibility for international peace and security rests with the Security Council. To discharge that responsibility, the Security Council may adopt measures under Chapters VI, VII, and VIII of the United Nations Charter. Chapter VI establishes procedures and methods for the peaceful settlement of disputes. Chapter VII addresses measures concerning threats to the peace, breaches of the peace, and acts of aggression. Chapter VIII regulates the contribution of regional arrangements and agencies to the maintenance of international peace and security.
The founders of the United Nations understood that peace provides the necessary foundation for the enjoyment of other rights. Although the Charter does not expressly formulate a separate and independent ‘right to peace,’ its provisions concerning the creation and preservation of international peace directly or indirectly advance the peaceful existence of millions of people.
The United Nations and Its Legal Authority
Established in the aftermath of the Second World War, the United Nations is the world’s largest intergovernmental organization and the principal institutional framework for the formulation, supervision, and implementation of international legal norms. Its membership has increased from the original 51 members to nearly 200 sovereigns States.
Under the United Nations Charter, any ‘peace-loving state’ may seek membership if it accepts the obligations contained in the Charter and, in the judgment of the Organization is able and willing to carry them out. Admission requires a recommendation from nine of the fifteen members of the Security Council, followed by approval of that recommendation by a two-thirds majority of the General Assembly. The United Nations is widely associated with peace promotion, the limitation of force in inter-State relations, and responses to humanitarian crises. Its institutional purposes, however, extend further. They include the reduction of global poverty, environmental protection, the promotion of international health, support for democratic governance, and the advancement of human rights.
The principal organs of the United Nations are the General Assembly, the Security
Council, the Secretariat headed by the Secretary-General, the International Court of
Justice, the Economic and Social Council, and the Trusteeship Council, whose regular
functions have effectively become obsolete.
- General Assembly
- Security Council
- Secretariat and Secretary-General
- International Court of Justice
- Economic and Social Council
- Trusteeship Council
General Assembly
The General Assembly is distinctive among United Nations organs because every member State enjoys equal representation and possesses one vote. It is principally a deliberative and policy-making body. It adopts resolutions, establishes subsidiary organs, appoints the Secretary-General, and elects the non-permanent members of the Security Council.
Ordinary questions are decided by a simple majority of the members present and voting. Matters regarded as particularly important require a two-thirds majority. These include the admission of new members, the suspension or expulsion of existing members, budgetary questions, and recommendations concerning peace and security.
Most General Assembly resolutions are recommendatory rather than legally binding upon Member States, which has led to debate concerning the Assembly’s practical authority. Nevertheless, the General Assembly may take independent action when aggression or another threat to international peace exists, and the Security Council is unable to act because a permanent member has exercised its veto.
- Admission of new member States
- Expulsion or suspension of existing member States
- Budgetary matters
- Recommendations relating to peace and security
Security Council
Unlike the General Assembly, the Security Council may adopt resolutions that are legally binding upon United Nations Member States. It may impose sanctions, authorize military action, and establish or support peacekeeping forces in order to preserve or restore international peace and security. Member States ordinarily contribute military personnel to such forces on a voluntary basis. The Security Council is also involved in approving amendments to the United Nations Charter and in recommending the admission of new Member States. Substantive decisions require a three-fifths vote rather than a simple majority.
The Council consists of fifteen members: ten non-permanent members elected for two-year terms and five permanent members—the United States, the United Kingdom, France, Russia, and China. The five permanent members have occupied that position since the establishment of the Security Council following the Second World War. Each possesses the power to veto a substantive resolution, and the exercise of that power may prevent the Council from adopting measures even where a majority of members supports action.
Secretariat and Secretary-General
The Secretariat comprises the departments and offices responsible for implementing the mandates adopted by the General Assembly and the other principal organs. The Secretary General, who serves as the Organization’s chief administrative officer, supervises the Secretariat. The Charter authorizes the Secretary-General to bring to the attention of the Security Council any matter that, in the Secretary-General’s opinion, may threaten the maintenance of international peace and security. Through the exercise of ‘good offices,’ the Secretary-General may also act publicly or privately to prevent, contain, or resolve international disputes.
In carrying out these responsibilities, the Secretary-General must reconcile the concerns of Member States with the purposes and principles of the United Nations. The officeholder may disagree with Member States where necessary and issues annual reports describing the Organization’s activities and identifying objectives for the future. Each Secretary-General retains a degree of discretion to define the practical emphasis of the office in light of the international circumstances prevailing during the term.
International Court of Justice
The International Court of Justice may be regarded, in broad institutional terms, as the judicial counterpart of the General Assembly and the Secretary-General. The General Assembly and the Security Council independently elect the Court’s fifteen judges by absolute majority. No Member State may have more than one national serving on the Court. Judges serve nine-year terms and may be re-elected. They cannot ordinarily be removed during their terms except by unanimous agreement of the other judges. The
Court determines legal disputes between States and gives advisory opinions to authorized United Nations organs and specialized agencies. A dispute may be submitted to the Court only where all States concerned have consented to its jurisdiction. Judgments in contentious cases are binding upon the parties, whereas advisory opinions are not formally binding, although they possess substantial legal and persuasive authority.
Economic and Social Council
The Economic and Social Council supervises fifteen specialized agencies, eight functional commissions, and five regional commissions. It develops policy recommendations for the United Nations and its Member States and consists of fifty-four members selected through a rotating system of membership. The Council holds one principal session each year and also meets annually with representatives of the World Bank and the International Monetary Fund. A substantial number of non-governmental organizations maintain consultative relations with the Council.
Trusteeship Council
The Trusteeship Council is composed of the five permanent members of the Security Council. It was established to supervise the administration of United Nations Trust Territories under the International Trusteeship System created by the Charter. Because every Trust Territory has achieved independence, the Council has suspended its ordinary operations and does not meet on a regular basis. A meeting may nevertheless be convened if requested by a majority of the General Assembly, the Security Council, or the Trusteeship Council, or if the Trusteeship Council or its President determines that a meeting is necessary.
Main United Nations Bodies
Certain activities of the Security Council have direct implications for international law. These include peacekeeping operations, the establishment of ad hoc tribunals, the imposition of sanctions, and the adoption of resolutions under Chapter VII of the Charter. Under Article 13(b) of the Rome Statute, the Security Council may refer situations to the Prosecutor of the International Criminal Court when it appears that international crimes including genocide, crimes against humanity, war crimes, or the crime of aggression may have occurred.
The General Assembly is empowered by the Charter to initiate studies and adopt recommendations intended to advance the development and codification of international law. Various subsidiary bodies examine particular fields of law and submit reports to the plenary Assembly. Legal questions are ordinarily considered by the Sixth Committee, which then reports to the General Assembly. The International Law Commission and the UN Commission on International Trade Law also report to the Assembly. The General Assembly further considers issues concerning the institutional law of the United Nations, including the adoption of Staff Regulations and the organization of the international system of justice.
General Assembly Sixth Committee (Legal)
The Sixth Committee is the General Assembly’s principal forum for the examination of legal questions. Every United Nations Member State is entitled to representation on the Committee, which is one of the Assembly’s main committees.
Other United Nations Entities and Offices
The International Law Commission was created by the General Assembly in 1947, pursuant to Article 13(1)(a) of the Charter of the United Nations. Its mandate is to ‘initiate studies and make recommendations for the purpose of encouraging the progressive development of international law and its codification.’ The Commission holds an annual session in Geneva, Switzerland, lasting approximately ten to twelve weeks, as authorized by the General Assembly.
- The United Nations Commission on International Trade Law (UNCITRAL) was established by General Assembly resolution 2205 (XXI) of 17 December 1966. It contributes to the progressive harmonization and modernization of international trade law by preparing and promoting legislative and non-legislative instruments in significant areas of commercial law.
- The United Nations Office of Legal Affairs includes the Legal Counsel, the Codification Division, the Division for Ocean Affairs and the Law of the Sea, the International Trade Law Division, and the Treaty Section.
- The Division for Ocean Affairs and the Law of the Sea (DOALOS) serves as the
secretariat of the Convention on the Law of the Sea. That Convention establishes a comprehensive legal order for the world’s oceans and seas and sets out rules governing
the use of marine spaces and their resources.
United Nations Programme of Assistance in the Teaching, Study, Dissemination and Wider Appreciation of International Law
The Programme was established by General Assembly resolution 2099 (XX) of 20
December 1965. Its purpose is to promote knowledge of international law ‘as a means for strengthening international peace and security and promoting friendly relations and co-operation among States.’ It remains one of the principal components of the United Nations’ efforts to advance international legal education and understanding. The General Assembly initially renewed the Programme through resolutions adopted at its annual sessions until its twenty-sixth session and thereafter on a biennial basis. At its sixty-fourth session, the Assembly decided that the agenda item should be considered annually through resolution 64/113.
- Legal Technical Assistance
The United Nations provides Member States with technical assistance in a broad range of legal fields. Such assistance may involve legal advice, specialized expertise, research, analysis, training, or other forms of institutional support. - United Nations Internal Justice System
The internal system of justice within the United Nations enables staff members to seek informal resolution of employment-related disputes. Where informal procedures do not produce a satisfactory result, disputes may proceed through management evaluation, the UN Dispute Tribunal, and the UN Appeals Tribunal.
Specialized Agencies, Subsidiary Organs, and Multilateral Negotiating Bodies
The International Labour Organization (ILO) is committed to social justice and to the protection of internationally recognized human and labour rights. Its founding premise is that social justice is indispensable to universal and lasting peace. The International Maritime Organization established the IMO International Maritime Law Institute (IMLI) in 1988. Operating under the auspices of the IMO, IMLI was created to train officers particularly those from developing countries in international maritime law. During the past three decades, its work has helped create a body of maritime-law specialists capable of preparing, reviewing, and advising on the implementation of maritime legislation and regulations.
The Legal Bureau of the International Civil Aviation Organization advises the Secretary-General, the Council, other organs of the Organization, and ICAO Member States on constitutional, administrative, procedural, and international-law matters. Its work extends to air law, commercial law, labour law, and related fields. The Bureau also undertakes research in public and private international air law, prepares documentation for the Legal Committee, supports relevant Assembly bodies, and assists diplomatic conferences that adopt multilateral treaties on international air law.
The model laws prepared by the United Nations Office on Drugs and Crime (UNODC) function as instruments of technical assistance. They assist governments in translating treaty obligations into domestic legislation and facilitate both the revision of existing laws and the adoption of new legislative measures. The World Intellectual Property Organization (WIPO) operates as the global forum for intellectual-property services, policy, information, and cooperation. It is a self-financing United Nations agency with 193 Member States. Its principal functions include multilateral law-making and negotiations concerning intellectual-property law and policy.
Courts and Tribunals
The International Court of Justice (ICJ), established in 1945 as the principal judicial organ of the United Nations, determines legal disputes submitted to it in accordance with international law and issues advisory opinions on legal questions referred to it by authorized United Nations organs and specialized agencies. The Permanent Court of International Justice (PCIJ) was the first permanent international tribunal with general jurisdiction. Its jurisprudence clarified numerous aspects of international law and contributed materially to the field’s development. Its published materials include judgments from 1923–1930, advisory opinions from 1923– 1930, judgments, orders, and advisory opinions issued from 1931 onward, pleadings and oral arguments, organizational documents, annual reports, general indexes, and related records.
The International Residual Mechanism for Criminal Tribunals (MICT) performs several essential functions previously undertaken by the International Criminal Tribunal for Rwanda (ICTR) and the International Criminal Tribunal for the former Yugoslavia (ICTY). In doing so, it preserves the institutional legacies of those two ad hoc tribunals and seeks to apply established best practices in international criminal justice. The International Criminal Tribunal for the former Yugoslavia (ICTY) was a United Nations tribunal established to prosecute war crimes committed during the conflicts in the Balkans in the 1990s. During its mandate, which lasted from 1993 to 2017, it significantly influenced international humanitarian law, provided victims with an opportunity to testify about the atrocities they experienced, and demonstrated that persons bearing the greatest responsibility for serious violations during armed conflict could be held accountable.
The International Criminal Tribunal for Rwanda (ICTR) was established to prosecute persons responsible for genocide and other serious violations of international humanitarian law committed in Rwanda between 1 January 1994 and 31 December 1994. Its jurisdiction could also extend to Rwandan citizens responsible for genocide and related violations committed in neighboring States during the same period.
The Residual Special Court for Sierra Leone was established pursuant to an agreement between the United Nations and the Government of Sierra Leone. Its purpose is to supervise continuing legal obligations following the closure of the Special Court for Sierra Leone in 2013, including witness protection, oversight of prison sentences, and administration of the Court’s archives. The Extraordinary Chambers in the Courts of Cambodia (ECCC) is a Cambodian court that receives international assistance through the United Nations Assistance to the Khmer Rouge Trials (UNAKRT). Although created by the Cambodian government and the United Nations, it operates independently and includes international participation while applying international legal standards.
The Special Tribunal for Lebanon (STL) is a tribunal of an international character established to try persons alleged to be responsible for the attack of 14 February 2005 in Beirut. The attack caused the death of former Lebanese Prime Minister Rafiq Hariri and the death or injury of other persons. The Tribunal applies Lebanese criminal law. The International Criminal Court (ICC) was established through conventions drafted within the United Nations framework but operates as an independent institution subject to special cooperation agreements. It investigates and, where appropriate, prosecutes individuals accused of genocide, war crimes, crimes against humanity, and the crime of aggression. As a court of last resort, it complements rather than replaces national courts. The ICC is governed by the Rome Statute and is the first permanent international criminal court.
The International Tribunal for the Law of the Sea (ITLOS) is an independent judicial body created under the United Nations Convention on the Law of the Sea. It adjudicates disputes concerning the interpretation and application of that Convention. The Tribunal consists of twenty-one independent members elected from among persons of recognized competence in the law of the sea and of the highest reputation for fairness and integrity.
The United Nations
The League of Nations, established in 1919, was the first international organization created with responsibility for promoting peace among States. Its inability to prevent the outbreak of the Second World War led to the creation of a new institution the United Nations. The expression ‘United Nations’ was coined in 1942 in the Declaration by United Nations associated with Winston Churchill and Franklin D. Roosevelt.
The United Nations formally came into existence on 24 October 1945, following ratification of the Charter by China, France, the Soviet Union, the United Kingdom, the United States, and a majority of the other signatories. Since its establishment, the Organization has been entrusted with the responsibility of maintaining international peace and security and of supporting conditions in which peace processes may be developed and consolidated. The principal organs of the United Nations perform distinct but interrelated functions. The General Assembly is the representative and deliberative body of the Organization. It includes all Member States and is led by a President elected from among those States. The Security Council is the most powerful of the principal organs. It may authorize the deployment of Member States’ armed forces, require cease-fires, and impose consequences upon States that fail to comply with its decisions. It comprises five permanent members and ten rotating members.
The International Court of Justice, located in The Hague, Netherlands, performs the Organization’s principal judicial functions. The Economic and Social Council assists the General Assembly in promoting economic and social development and cooperation among Member States. The Secretariat, headed by the Secretary-General, supplies studies, information, and other materials required by the Organization’s organs in connection with their work.
Role of the United Nations
The establishment of peace was one of the foundational purposes of the United Nations, and questions concerning peace have remained central to its work since 1945. The idea of a right to peace, although capable of being grounded in the Charter, gained particular prominence during the middle of the 1970s. Since then, the concept has been examined and developed by international-law scholars at both the national and international levels, with active participation and support from the Secretary-General, the General Assembly, the United Nations Human Rights Commission, and UNESCO.
The concept has also been considered within the broader framework of solidarity rights, group rights, or third-generation human rights, as formulated and advanced by K. Vasak. Various jurists have emphasized the need to consolidate the right to peace within international law. V. Kartashkin, for example, argued that a convention should be adopted to recognize, by agreement, the right of every person to peace and liberty and to establish appropriate forms of cooperation among States for the detection, arrest, extradition, and punishment of persons responsible for crimes against peace, war crimes, and crimes against humanity.
Important stages in the development and international recognition of the right to peace included two expert conferences held under UNESCO auspices in 1978 and 1980; reports submitted by the UN Secretary-General to the Human Rights Commission at its XXXVI and XXXVII sessions in 1978 and 1981; and the 1981 Seminar on the Interrelationship Between Human Rights, Peace and Development held at United Nations Headquarters in New York.
The proposal to recognize peace as a human right first received prominent formal expression through a declaration adopted by the General Assembly. In 1978, the General Assembly adopted the Declaration on the Preparation of Societies for Life in Peace without any votes against. The Declaration states: “Every nation and every human being, regardless of race, conscience, language or sex, has the inherent right to life in peace. Respect for that right, as well as for the other human rights, is in the common interest of all mankind and an indispensable condition of advancement of all nations, large and small, in all fields.”
In 1981, through resolution 36/67, the General Assembly declared that the third Tuesday of September the opening day of its regular session should be observed as the International Day of Peace. The day was intended to commemorate and strengthen the ideals of peace within and among all nations and peoples. On 12 November 1984, the General Assembly adopted Resolution 39/11, annexing the Declaration on the Right of Peoples to Peace. The Declaration reaffirmed “that the principal aim of the United Nations is the maintenance of international peace and security” and recognized “the aspirations of all peoples to eradicate war from the life of mankind and, above all, to avert a world-wide nuclear catastrophe”. Operative paragraph 2 proclaimed “that the preservation of the right of peoples to peace and the promotion of its implementation constitute a fundamental obligation of each State.”
Paragraph 3 of the Declaration “demands that the policies of States be directed towards the elimination of the threat of war, particularly nuclear war, the renunciation of the use of force in international relations and the settlement of international disputes by peaceful means.” Through resolution 37/16, the General Assembly declared 1986 the International Year of Peace and decided to proclaim it solemnly on 24 October 1985, the fourteenth anniversary of the United Nations. Following the International Year of Peace, the General Assembly adopted further initiatives relevant to the development of a right to peace.
These included the Declaration on the Prevention and Removal of Disputes and Situations Which May Threaten International Peace and Security and on the Role of the United Nations in this Field, 1988; the Declaration on Fact-finding by the United Nations in the Field of the Maintenance of International Peace and Security, 1991; the Declaration on the Enhancement of Cooperation between the United Nations and Regional Arrangements
or Agencies in the Maintenance of International Peace and Security, 1994; and the Declaration and Programme of Action on a Culture of Peace, 1999. Philip Alston observed that, by the 1990s, the right to peace had been ‘dropped like a stone’ within the United Nations because it’s uncertain meaning as a collective right prevented it from capturing the global imagination or substantially strengthening the rights of peoples.
In Resolution 2002/71, entitled “Promotion of the right of peoples to peace,” and adopted on 25 April 2002, the Human Rights Commission connected the right to peace with the right to development. It affirmed “that all States should promote the establishment, maintenance and strengthening of international peace and security and, to that end, should do their utmost to achieve general and complete disarmament under effective international control, as well as to ensure that the resources released by effective disarmament measures are used for comprehensive development, in particular that of the developing countries”. The Commission further urged “the international community to devote part of the resources made available by the implementation of disarmament and arms limitation agreements to economic and social development, with a view to reducing the widening gap between developed and developing countries.”
In 2005, the Commission on Human Rights adopted a resolution entitled Promotion of Peace as a vital requirement for the full enjoyment of all human rights by all. The Human Rights Council replaced the Commission in 2006. A further development occurred on 17 June 2009, when the Human Rights Council adopted Resolution 11/4 on “The Right of Peoples to Peace.” The resolution affirmed in its preamble “human rights include social, economic and cultural rights and the right to peace, a healthy environment and development, and that development is, in fact, the realization of these rights” (paragraph 15).
It further recognized that, pursuant to Article 28 of the Universal Declaration on Human Rights, “everyone is entitled to a social and international order in which the rights and freedoms can be fully realized” (paragraph 17). It also stated that a life without war is the primary international prerequisite for the material well-being, development, and progress of countries and for the full implementation of the rights and fundamental human freedoms proclaimed by the United Nations. Pursuant to Resolution 11/4, the Office of the UN High Commissioner for Human Rights organized an expert workshop on the right of peoples to peace at the United Nations Office in Geneva on 15–16 December 2009. The participants examined both the collective and individual dimensions of the right to peace and related it to the principle of international solidarity grounded in common human dignity.
On 5 July 2012, the Human Rights Council adopted resolution 20/15 on “The promotion of the right to peace.” That resolution established an Open-Ended Working Group with a mandate to negotiate progressively a draft United Nations declaration on the right to peace, based on the draft prepared by the Advisory Committee and without prejudging relevant past, present, or future views and proposals. The resolution concerned the negotiation of a text rather than the adoption of the text itself. The Open-Ended Working Group held its first session in 2013. Following that session, it became clear that some governmental delegations and other stakeholders accepted the existence of a right to peace, while others maintained that peace was not an independent human right but rather the consequence of the full realization of all human rights.
In June 2013, while considering the report of the Working Group’s first session, the Council adopted resolution 23/16. It requested the Chairperson to prepare a new text based upon the discussions held during the first session and the inter-sessional informal consultations. The second session took place from 30 June to 4 July 2014 in room XVIII of the Palais des Nations in Geneva, Switzerland.
In September 2014, the Council adopted resolution 27/17, deciding to convene a third session in 2015 with the objective of finalizing the declaration. It also requested the Chairperson-Rapporteur to conduct informal consultations and prepare a revised text. The third session occurred from 20 to 24 April 2015 in room XIX of the Palais des Nations in Geneva, Switzerland. Although the United Nations has worked actively for approximately three decades toward a binding instrument. Recognizing the right to peace as a human right, it has not yet achieved that objective.
Other Initiatives
In addition to its efforts to establish a binding legal framework concerning the right to peace, the United Nations has developed several operational approaches to promoting peace at the international level. These include conflict prevention, peacemaking, peace enforcement, peacebuilding, and peacekeeping. Conflict prevention comprises diplomatic and other measures designed to stop intra-State or inter-State disputes from developing into situations that threaten peace. It includes early-warning systems, information gathering, and careful analysis of the factors driving a conflict.
The Secretary-General’s ‘good offices,’ preventive deployment of United Nations missions, and mediation led by the Department of Political Affairs. May all form part of conflict-prevention efforts. Peacemaking addresses conflicts that are already underway and generally relies upon diplomatic action to bring hostile parties toward a negotiated settlement. The Secretary-General may use ‘good offices’ to facilitate agreement. Peacemakers may include individual envoys, governments, groups of States, regional organizations, or the United Nations itself. Informal and non-governmental groups, as well as prominent individuals acting independently, may also undertake peacemaking initiatives.
Peace enforcement involves coercive measures, including military force, and requires the express authorization of the Security Council. It is used to restore international peace and security where the Council has determined that a threat to the peace, breach of the peace, or act of aggression exists. Where appropriate, the Council may rely upon regional organizations and agencies to undertake enforcement action under its authority. Along with consistently with the United Nations Charter. Peacebuilding seeks to reduce the risk that a society will fall into conflict or return to conflict by strengthening national capacities for conflict management at every level.
It is a complex and long-term process directed toward the creation of conditions necessary for sustainable peace and development. Peacebuilding measures address structural issues affecting the operation of society and the State. In addition to seek to enhance the State’s ability to perform its core functions effectively and legitimately. Peacekeeping operations are generally deployed to support the implementation of a ceasefire or peace agreement. In practice, they may also contribute actively to peacemaking and undertake early peacebuilding activities. Peacekeeping personnel may use force in self-defense, to protect their mandate, and to protect civilians, particularly where the State is unable to provide security or maintain public order.
Role of the United Nations in International Law
The United Nations was established not only to save succeeding generations from the scourge of war and to reaffirm faith in fundamental human rights. Also, to ‘establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law. Can be maintained’ (Preamble of the United Nations Charter). From the Organization’s inception, the promotion and development of international law have been treated as essential instruments for regulating relations among States.
In an increasingly globalized society, individuals, commercial activity, and ideas regularly cross-national borders. States have consequently recognized that international rules and standards are indispensable to the functioning of contemporary international society. These rules appear in more than 550 treaties deposited with the Secretary General of the United Nations. Addressing subjects such as human rights, disarmament, refugees, environmental protection, and the law of the sea. They are also contained in treaties deposited with governments and other institutions.
The 2011 Treaty Event provided Member States with an opportunity to reaffirm their commitment to the rule of law in international relations. They did so by signing, ratifying, or acceding to treaties deposited with the Secretary-General to which they were not yet parties. Article 102 of the Charter provides that “Every treaty and every international agreement entered into by any Member of the United Nations shall as soon as possible be registered with the Secretariat and published by it.” Publication promotes transparency, accountability, and fairness in international relations.
General Assembly as a Forum for Adopting Multilateral Treaties
Because the General Assembly consists of representatives of every United Nations Member State. It serves as the Organization’s principal deliberative forum for questions of international law. A considerable number of multilateral treaties are adopted through the Assembly and later opened for signature and ratification. The Legal or Sixth Committee supports the Assembly by examining substantive legal issues and providing advice. It too is composed of representatives of all United Nations Member States.
Among the multilateral treaties adopted by the General Assembly are the following:
- Convention on the Prevention and Punishment of the Crime of Genocide (1948)
- International Covenant on Civil and Political Rights (1966)
- International Covenant on Economic, Social and Cultural Rights (1966)
- International Convention on the Elimination of All Forms of Racial Discrimination
(1966) - Convention on the Elimination of All Forms of Discrimination against Women
(1979) - United Nations Convention on the Law of the Sea (1982)
- Convention on the Rights of the Child (1989)
- Comprehensive Nuclear-Test-Ban Treaty (1996)
- International Convention for the Suppression of Terrorist Bombings (1997)
- International Convention for the Suppression of the Financing of Terrorism (1999)
- International Convention for the Suppression of Acts of Nuclear Terrorism (2005)
- Convention on the Rights of Persons with Disabilities (2006)
- United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea (2008)
- Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (2008).
International Law Commission
In 1948, the General Assembly established the International Law Commission (ILC). An expert legal body created ‘to promote the progressive development of international law and its codification.’ ‘Progressive development’ means ‘the preparation of draft conventions on subjects which have not yet been regulated by international law or in regard to which the law has not yet been sufficiently developed in the practice of States.’ ‘Codification’ refers to ‘the more precise formulation and systematization of rules of international law in fields where there already has been extensive State practice, precedent and doctrine.’
The Commission focuses principally on public international law, although its mandate does not exclude private international law. It has worked extensively in international criminal law. This including through completion of the draft Statute for an International Criminal Court (1994). The draft Code of Crimes against Peace and Security of Mankind (1996). It also drafted the Vienna Convention on Diplomatic Relations (1961), the Vienna Convention on the Law of Treaties (1969), and the draft articles on the Responsibility of States for Internationally Wrongful Acts (2001). The ILC consists of thirty-four members who serve in their individual capacities rather than as representatives of their governments. The General Assembly elects them for five-year terms. The Commission meets in Geneva for approximately ten to twelve weeks each year.
Other Multilateral Bodies
Treaty-making occurs throughout the United Nations system. Specialized agencies such as the International Labour Organization (ILO) and the World Health Organization (WHO), subsidiary organs such as the United Nations Commission on International Trade Law (UNCITRAL). The United Nations Office on Drugs and Crime (UNODC), and multilateral negotiating bodies such as the Commission on Disarmament all contribute to the development of international legal instruments.
Conclusion
The right to peace is presented in this paper as a principle recognized within the framework of the United Nations Charter. The United Nations remains the principal international organization entrusted with the preservation of peace among nations. The concept of a right to peace is closely connected with the Charter’s central purposes and principles. The Organization pursues peace through several complementary methods, including conflict prevention, peacemaking, peace enforcement, peacebuilding, and peacekeeping.
The United Nations itself forms only one component of the broader United Nations system. Its cooperation among the Organization and the other entity within that system is essential to achieving the purposes established by the Charter. Since the Charter was adopted, the United Nations has assumed responsibilities, were not specifically anticipated at the time of its creation. It has established objectives directed toward building a more sustainable world and has supported collective action to address climate change. As the challenges confronting humanity have multiplied, the scope of the United Nations’ work has expanded accordingly.
References
- UN Documentation Research Guide
- UN Treaty Collection United Nations Treaty Collection
- Human Rights Council, 15th Session, 13 September to 1 October 2010, available
at http://eaford.org/en_statements/Human%20Rights%20and%20International%20
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