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International Organisations[1]

Table of Contents

SYNOPSIS

Introduction-
Definition and Essentials of International Organisations-
According to Tunkin-
According to Wojeiech Morowiecki-
According to S. J. R. Bilgrmi-

Elements / Essentials of “International Organisations’-

Associations of States-
Set up through treaties-
Established for specific purposes-
Possesses international personality-
Created according to the rules of international law-

III. International Organisations-

Development of international organizations-

A) League of Nations-

(a) The Assembly-

(b) The Council-

(i) Permanent Members-

(ii) Non-Permanent members-

B) United Nations Organisation-
a) Historical Background-
b) Objectives / Purposes of the U.N.-
c) Principles of the U.N.-
d) Membership of the U.N.-
i) Original Members (Art. 3)-
ii) Subsequent members (Art. 4)-
e) Expulsion of the member (Art. 6)-
f) Composition / Organisations of the United Nations-

(1). The General Assembly-

Introduction-
Voting Procedure-
Powers and functions of the General Assembly-
Deliberative Functions-
Promotion of International Cooperation-
Supervisory Functions-
Financial Functions-
Functions relating to elections-
Constitutive Functions-
Effects of the resolutions of the General Assembly-

(2) The Security Council-

Introduction-
Composition-
Voting procedure-
Veto-
Double Veto-

Criticism of Veto power-

Functions and Powers of the Council-

(i) To maintain International peace and security-

(a) By peaceful means-

(b) By taking enforcement actions-

(ii) Elective Functions-

(iii) Supervisory Functions-

(iv) Constituent Functions (Art. 108)-

(3) Secretory of the United Nations-

Introduction-
Composition-
Powers and Functions of the Secretary General-

(i). To act in the capacity of Secretary General-

(ii). To perform other functions-

(iii). To make an annual report-

(iv). Notify matters to General Assembly-

(v). To invite Security Council’s Attention-

(vi). To convey special session of the General Assembly-

(vii). To perform task of negotiation etc.-

(viii). Aid and advice-

(4) The Trusteeship Council-

(a). Introduction-

(b). Objects of the Trusteeship Council-

(i). To further International peace and security.

(ii). To Secure the advancement of inhabitants

(iii). To encourage respect for human rights-

(iv). To ensure equal treatment-

(c). Composition of the Trusteeship Council (Art. 86)-

(d). Voting System (Art. 89)-

(e). Functions and powers-

(i). To Consider Reports-

(ii). To Accept petitions-

(iii). To provide periodic visits-

(iv). To perform other actions-

(v). Present functioning of the Council-

(5) International Court of Justice

Introduction-
Composition and Structure of the ICJ-
Quorum-
Jurisdiction of the Court-

(i). Contentious Jurisdiction-

(a) Voluntary Jurisdiction-

(b). Ad hoc Jurisdiction-

(c). Optional or Compulsory jurisdiction-

(i) By making the declaration-

(ii) By the declarations under the earlier statute-

(ii). Advisory Jurisdiction (Art. 65 to 68).-

Nature of Advisory Opinion-

Immunities of the Judges-
The Law applied by the Court-
Role of the Court in the development of International law-
Specialised Agencies of the United Nations-
Aims or objectives of the Specialised Agencies-
Characteristics of the Specialized Agencies-
Specialised Agencies of the United Nations-

[Special Note- This topic is not prescribed in the syllabus for some Universities. However, students are advised to go through this topic for better understanding and knowledge of International Law]]

I. Introduction-

International law is meaningless unless there is machinery to make and execute it. Therefore, we will discuss important Organisations at the International level.

II. Definition of International Organisations-

We will discuss some of the definitions of ‘International Organization’ as follows.

1. According to Tunkin-

Tunkin defines ‘International Organisation’ as

i) an association of States[2],
ii) established on the basis of a treaty[3],

iii) in accordance with International law,

iv) in order to achieve specific objectives.
v) it possesses a system of organs and rights, and duties.
vi) that are distinct from those of member states.

2. According to Wojeiech Morowiecki-

International Organisation is a –

form of cooperation.
of sovereign States,

iii. based on multilateral international agreements, and

comprising a relatively stable range of participants
the fundamental features of which is

(a) the existence of permeant organs, and

(b) with definite competencies and powers

3. According to S. J. R. Bilgrmi-

‘International Organisation’-

i) is the process by which,
ii) State establish and develop

iii) formal continuing international structures

for the conduct of certain aspects of their relationship with each other.
it represents a reaction-

(a) to the extreme decentralisation of the traditional system of international relations and

(b) the constantly increasing complexes of the independence of States.

Elements / Essentials of “International Organisations-

From the above definitions, we may lay down the following characteristics/ essentials of “International Organisations-

1. Associations of States[4]–

International Organizations are the associations of States. Therefore, they are sometimes described as ‘inter-governmental organisations’. The United Nations is the best example of an ‘International association’. States represent themselves through their ‘official delegation’ in such associations.

2. Set up through treaties[5]–

Treaties are established by States to establish international organisations. Treaties form the foundation of an organisation, or treaties are the association’s constitution.

3. Established for specific purposes[6]–

International organisations are established for specific purposes mentioned in the treaty constitution.

4. Possesses international personality[7]–

The international organisation possesses a separate international personality. Which gates distinct rights and duties.

5. Created according to the rules of international law-

International organisations are created according to international law.

III. International Organisations-

Development of international organisations-

International organisations started in the 19th century, specifically in Europe. The development and inventions in European countries’ means of communication, transportation, etc., paved the way for the formation of international organisations.

In fact, before that, in the 17^th and 18^th centuries, conferences were held in all European countries to resolve disputes among the European States. The instances of those conferences were the Congress of Westphalia of 1648 and Utrecht of 1717. However, these conferences were convened for a specific purpose and ended with the completion of that purpose. These purposes were to reach agreements after the war on territorial changes and adjustments.

However, the 19th Century witnessed real steps towards the formation of ‘International organisations’. In this Century, International Conferences frequently started meetings, even in peacetime, for subjects other than settlements after the war. Frequent conferences paved the way for some ‘International administrative agencies’ and International public unions. Examples of such Unions are the Universal Telegraphic Union (1865), the Universal Postal Union (1874), the International Bureau of Weights and Measures (1875), etc.

The Hague Conferences in 1899 and 1907 also greatly contributed to the development of ‘International organisations’. The conference established a permanent Court of Arbitration for resolving disputes, the convention on laws and customs of Land and naval warfare, etc.

A) League of Nations-

The experiences of the Hague Conferences and the devastating effects of World War I led some right-minded individuals in England and America to propose the League of Nations scheme. The main purpose of the League of Nations concept was to avoid future wars.

The League of Nations was established on 10 June 1920 after thorough deliberations. Its object was to maintain peace and security and to promote International cooperation.

The League of Nations had the following organs-

(a) The Assembly[8]–

The Assembly was represented by all the members of the League. Each member of the League could send three representatives to the assembly; however, they all had one vote. The Assembly was to meet at least once a year and more times if required.

The Assembly was to deal with any matter within the League’s sphere of action or affecting the world’s peace.

(b) The Council[9]–

The Council was the executive organ of the League. The Council was constituted of-

(i) Permanent Members-

Permanent Members were those Great Powers who were members of the League. Such as the U.S.A., the British Empire, France, Italy and Japan. However, the U.S.A. did not join the League.

(ii) Non-Permanent members-

There were eleven non-permanent members of the League.

The Council could deal with any matter within the sphere of action of the League or affecting world peace.

(c) The Secretariat[10]–

The Secretariat was headed by a Secretary General, appointed by the Council with the approval of the majority of the members of the Assembly.

It was to assist all League organs by providing services such as research, drafting, publication, coordination, registration of treaties, and arrangements of meetings.

However, due to its shortcomings, the League failed to perform its functions and promote peace. The League ceased its activities during World War II and was dissolved by the Assembly in 1946.

B) United Nations Organisation[11]–

a) Historical Background-

The League of Nations failed to perform its functions. It could not prevent frequent wars and World War II. However, the horror and ruthless destruction caused by World War II slackened the whole of humanity. Therefore, even while World War II was not finished, many Allied powers[12] favoured the creation of an International organisation.

After WW II, the declaration to create an international organisation intensified, resulting in the formation of the United Nations Organization on Oct. 24, 1945. American President Roosevelt coined the name “United Nations Organisation” in 1942. Subsequently, the same name was adopted in 1945.

However, the UNO did not come into existence without discussions at many conferences. Prominent among them are as follows-

The Declaration of St. James Palace (June 12, 1941).
Atlantic Charter (ON August 14, 1941).
Washington Conference (January 1, 1942) (Also known as ‘United Nations Declaration).
Moscow Declaration (On Oct. 30, 1943).
Teheran Declaration (On Dec. 1, 1943).
Dumbarton Oaks Declaration (August 21, 1944, and Oct. 7, 1943).
Yelta Conference (On Feb. 11, 1945) and
San Francisco Conference (On April 25, Jun 26- 1945).

After earlier conferences, the delegates of 50 nations met in San Francisco from April 25 to June 26, and the Charter was finally signed by all 50 nations unanimously; India was one of the original signatories (even before independence). The Charter came into force on 24 October 1945.

The Charter consists of 111 Articles divided into 19 Chapters. The U.N. has its flag on which global is imprinted.

b) Objectives / Purposes[13] of the U.N.-

The objects or purposes of the U.N. are mentioned in its preamble and elaborated by Art. 1 of the Charter. We may summarise them as follows-

Maintenance of International peace and security.
Promotion of friendly relations among nations/states.
To achieve International cooperation.
To make the U.N. an International Forum for harmonisation.

c) Principles[14] of the U.N.-

Art. 2 of the Charter lays down the basic principles as which the U.N. is founded, viz.-

The Principle of sovereign equality-
The Principle of the Fulfilment of Obligations.
The Principle of peaceful settlement of an International dispute.
The Principle of non-use of force.
The Principle of Assistance to the U.N.
The Principle for non-member States.
The Principle of non-intervention in Domestic matters of a State.

d) Membership of the U.N.-

There are two categories of members-

i) Original Members (Art. 3)-

The original members are the States that participated in the San Francisco conference, signed the U.N. declaration, and ratified it.

ii) Subsequent members (Art. 4)-

The state may be admitted to the UNO on the Security Council’s affirmative recommendations and by the General Assembly’s election by a two-thirds majority. However, affirmative votes of 9 members of the Security Council, including five permanent members, were necessary.

The State shall also comply following five conditions, viz.-

it must be a State.
It must be peace-loving.
It must accept the obligations of the Charter.
It must be willing to carry on these obligations and
it must be able to carry out these obligations.

Presently, there are 193 sovereign member States of the United Nations.

e) Expulsion of the member (Art. 6)-

Any member state that persistently violated the principles contained in the United Nations charge may be expelled by the General Assembly upon the recommendations of the Security Council. However, it requires nine affirmative votes of the Security Council, including those of the permanent members and a decision by the General Assembly to a two-thirds majority.

Similarly, as per Art. 5, membership may be suspended if the member states against which preventive or enforcement action is taken by the Security Council.

f). Composition / Organisation of the United Nations-

The United Nations has the following six organs to achieve the above objectives.-

(1). The General Assembly-

a. Introduction-

The General Assembly[15] is one of the principal organs of the United Nations. It is the main deliberative and policy-making body. Chapter IV, from Art. 9 to 22 of the United Nations Charter, contains the provisions relating to the General Assembly.

The Assembly shall consist of all the members of the United Nations (Art. 9). Each Member State possesses an equal status irrespective of its size, power, and importance. The member states shall have no more than five representatives in the Assembly.

The Assembly, at every session, elects a President, twenty-one vice-presidents[16] and the Chairman of the Assembly’s six main Committees. They hold office till the close of the Session at which they are elected.

The Assembly meets in regular annual sessions beginning each year on Tuesday in September and continuing until mid-December. In addition to its regular annual sessions, the Secretary-General will carry out the Special Session at the request of the Security Council or of a majority of the Assembly members.

b. Voting Procedure-

Each member of the General Assembly has one vote. Decisions of the Assembly on important questions require two-thirds of the majority of members present and voting. Such important questions or matters are the maintenance of International peace and security, the election of non-permanent members, the election of other members of the Economic and Social Council, the administration of new members to the United Nations, etc. Decisions on other questions require a simple majority of the members present and voting.

c. Powers and functions of the General Assembly-

The functions of the Assembly are laid down under the United Nations Charter as follows-

Deliberative Functions[17]–

The Assembly is essentially a deliberative body. It discusses, studies, makes recommendations, and passes resolutions on matters before it.

It has the power of discussion, investigation, review, supervision, criticism, etc. The Assembly may discuss any question or matter within the scope of the United Nations Charter. After discussion, the Assembly may make recommendations to the Security Council or the member Stets. However, the Assembly cannot discuss or make recommendations on any dispute or situation under consideration by the Security Council. The restriction is imposed to avoid conflict between the Security Council and the Assembly.

Promotion of International Cooperation-

The Assembly may consider the general principles of cooperation in maintaining International peace and security, including the principles governing disarmament and the regulation of armaments. It may make recommendations about such principles applicable to the members, to the Security Council or both. It can call the attention of the Security Council to situations that are likely to endanger international peace and security.

The General Assembly shall promote International cooperation in political, economic, social, cultural, educational, health, etc. It must also assist in securing human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion.

Supervisory Functions-

The Assembly is a principal organ of the United Nations; therefore, it supervises the Economic and Social Council, the Trusteeship Council, and other organisations and organs of the United Nations. The General Assembly’s supervisory power extends to all 18 independent specialised agencies and 14 major programmes and funds of the United Nations. The Annual Reports of these organisations are submitted to the Assembly.

Financial Functions-

The General Assembly performs important financial functions of the United Nations. It considers and approves the budget of the United Nations Organisation [Art. 17, Para 2]. It also considers and approves financial and budgetary arrangements relating to specialised agencies.

Functions relating to elections-

The General Assembly performs very important functions in elections. It elects some or all members of the different organs of the United Nations, including the Security Council, Economic and Social Council, Trusteeship Council, Judges of the International Court of Justice, Secretary General, etc.

Constitutive Functions-

The General Assembly performs important functions relating to the Charter of the United Nations amendment. Amendments to the United Nations Charter take place through voting among the members of the General Assembly.

d. Effects of the resolutions of the General Assembly-

While performing its functions mentioned above, by adopting resolutions, the General Assembly makes recommendations to the Security Council or the members or to both or to non-members of the United Nations. However, the question arises regarding the legal effect of its recommendations or resolutions adopted by the General Assembly.

In fact, the United Nations Charter has not conferred any law-making power on the Assembly; therefore, its decisions, by way of recommendations, do not create any legal obligations on its members by whatever majority they may have adopted. In other words, we may say that the Assembly is incompetent to implement its recommendations. These principles, at the most, can be called principles of morality.

Many problems in the world were not resolved due to the non-binding force of the Assembly’s recommendations and resolutions.

(2). The Security Council:-

a. Introduction-

The Security Council[18] is one of the important organisations of the United Nations. Chapter V of the Charter from Art. 23 to 27 deals with the Security Council.

The main object of the Council is to assist peace and security (Art. 24).

b. Composition-

The Council originally consisted of eleven members. However, by an amendment in the Charter in 1965, the number of members was raised to fifteen. Out of the fifteen members, five are permanent members. The five permanent members are China[19], France, Russia[20], Britain (UK) and America (USA).

The other ten members are called non-permanent members. Non-permanent members are elected by the General Assembly for two years. However, each year election of five members takes place when an equal number of members retire. The position is made with the object of avoiding the situation of retiring all members at the time. A retiring member is not eligible for immediate reelection. The rationale behind this is that the other members should become eligible for membership in the Council. Each Council member state shall have one representative in the Council at all its meetings.

While electing non-permanent members of the Council, their contribution to maintaining International peace and security and other purposes is considered. Moreover, the equitable geographical distribution of membership is also considered. Even the State, which is not either a member or non-member of the council, may also participate in the Council’s discussion. The Council elects a President to preside over its meetings. The Council generally meets at the Headquarters.

c. Voting procedure-

Each member of a Council has one vote. Decisions of the Council on procedural matters are taken by the affirmative vote of nine members. On all other matters, decisions are made by an affirmative vote of nine members, including concurring votes of the permanent members. However, the party to the dispute shall abstain from voting.

d. Veto-

The right to reject a resolution passed by others is called a veto. The veto is the power to prevent decisions by negative votes vested in the Council’s five permanent members. In other words, any permanent member State can negate any decision passed by the other member of the Council even though it is passed unanimously.

The object of giving veto rights to five militarily big states was to avoid any military conflict among them. Another object was to avoid the situation of halting decisions of big states by small states by allowing them equal votes.

Now, with the veto power, Big Five powers are in a position to dominate over other states and are themselves above the law. Due to veto rights, any permanent member state negates any action by other members of the Council.

The veto power has been used by its members more than 265 times, which shows that many decisions related to maintaining peace and security in the world have been halted.

e. Double Veto-

The permanent members of the Council may exercise the right of veto on two different occasions. Firstly, at the time of deciding the nature of the matter, i.e., whether it is procedural or non-procedural.

As we have already discussed, the Council’s decisions on procedural matters are taken by the affirmative votes of nine members. In contrast, on all other matters, decisions are taken by an affirmative vote of nine members, including the concurring veto of the permanent members. In other words, we may say that permanent members have the right to veto non-procedural matters. However, the permanent members can veto when deciding whether the matter is procedural.

Any of the matters decided as procedural by the President of the Council may turn non-procedural if any of the members of the Council use its veto right. Secondly, the permanent members have veto rights while deciding non-procedural matters. Thus, the veto power on the above-mentioned two occasions is called a ‘double veto’.

The right of veto was exercised in many cases, such as in Spanish, Czechoslovak, and Greek.

Criticism of Veto power-

The veto power vested in five permanent members is occasionally criticised, but no positive step has been taken to eliminate it.

The major criticism is that only five members cannot decide the fate of the whole world. They only act in the interest of their own or their allied States. A country like India, which is the biggest democracy in the world and also contributes militarily and economically to the United Nations, could not become a permanent member.

f. Functions and Powers of the Council-

The Council has the following powers and has to perform the following functions-

(i) To maintain International peace and security-

The Council’s primary function is to maintain international peace and security. It must do so in accordance with the principles and purposes of the United Nations.

The Charter provides two ways to maintain International peace and security, viz.

(a) By peaceful means-

The Council may take the following means to settle a dispute amicably before it.

(i) It may call upon the parties to settle the dispute peacefully (Art. 33 Para. 10.

(ii) It may investigate the dispute (Art. 37, Para. 1).

(iii) It may recommend that the parties to the dispute use appropriate procedures or methods of adjustment (Art. 36, Par. 1).

(iv) It may recommend the settlement terms (Art. 37).

(b) By taking enforcement actions-

If the dispute is not settled amicably, then the Council may take enforcement action, including military action.

(ii) Elective Functions-

The Council also has some elective powers. The Council and Assembly elect the judges of the International Court of Justice. The Council also recommends the appointment of a Secretary General of the United Nations [Art. 97].

(iii) Supervisory Functions-

The Council can supervise sanctions imposed against any state. Moreover, it can recommend the expulsion of any member of the United Nations to the General Assembly.

It also exercises trusteeship functions in the United Nations in strategic areas.

(iv) Constituent Functions (Art. 108)-

Constituent Functions are the functions related to the amendments in the United Nations Charter. Accordant to Art. 108, amendments to the present Charter shall come into force for all members of the United Nations when they have been adopted by a vote of two-thirds of members of the Assembly and ratified in accordance with their respective constitutional processes by two-thirds of the members of the United Nations including all the members of the Council.

In other words, no amendment of the Charter is possible unless and until all the permanent members of the Council give their affirmative votes on it and their respective governments ratify it.

(3). Secretory of the United Nations.

a. Introduction-

The Secretariat is one of the important organs of the United Nations. Chapter XV of the United Nations Charter deals with the provisions relating to the Secretariat.

The Secretariat works as administrator of the policies of the United Nations. The Secretary is the Chief Administrative officer of the United Nations. He is the Chief administrative officer of the United Nations.

b. Composition-

The Secretariat comprises a Secretary General and such staff as the organisation may require. The Secretary-General is appointed by the General Assembly upon the recommendations of the Council.

Generally, the Council is appointed from a smaller and neutral state. Because the appointment of the Secretary-General is a substantial matter, the concurrence of the five permanent members is necessary.

The staff of the Secretariat is appointed by the Secretary-General as per the regulations of the Assembly. The highest standards of efficiency, competence, and integrity are expected from the staff. Due regard is given to the importance of recruiting the staff on as wide a geographical basis as possible [Art. 101, Para. 2].

c. Powers and Functions of the Secretary-General-

The Secretary-General is the Chief Administrative Officer of the United Nations (Art. 10). He has to perform the following functions conferred by the Charter.-

(i). To act in the capacity of Secretary General-

The Secretary-General acts in that capacity at all Assembly, Security Council, Economic and Social Council meetings and Trusteeship Council meetings. It shall perform other functions as entrusted to him by those organs (Art. 98).

(ii). To perform other functions-

The Secretary-General shall perform other functions as entrusted to him by the abovementioned organs. This function gives the Secretary-General a variety of powers to perform.

(iii). To make an annual report-

The Secretary-General is required to make and present an annual report to the General Assembly on the work of the United Nations Organisation.

(iv). Notify matters to General Assembly-

With the consent of the Security Council, the Secretary-General notifies the Assembly of matters relating to the maintenance of peace and security that the Security Council is dealing with (Art. 12, Para. 2).

He also notifies when the Security Council has ceased dealing with matters relating to maintaining International peace and security (Art. 12, Par. 2).

(v). To invite Security Council’s Attention-

The Secretary-General may bring to the attention of the Council any matter which, in his opinion, may threaten the maintenance of International peace and security (Art. 99).

(vi). To convey special session of the General Assembly-

The Secretary-General conveys a special session or the emergency special session of the Assembly at the request of a majority of Member States or the Security Council (Art. 20).

(vii). To perform the task of negotiation etc.-

At the instance of the Security Council or of the Assembly, the Secretary-General may perform the task of negotiation, good offices and mediation.

(viii). Aid and advice-

The Secretary-General provides aid and advice to the Security Council and the Assembly in finalising plans for developing a peacekeeping mission in a troubled nation.

(4). The Trusteeship Council-

(a). Introduction-

The Trusteeship Council[21] is one of the important organs of the United Nations. Chapter XIII, Articles 86 to 91 of the United Nations, deals with the Trusteeship Council.

The Trusteeship Council is a Special Committee that operates under the authority of the General Assembly and is directly responsible to the Assembly. It is called the successor of the mandate system existing in the League of Nations.

The Trusteeship Council was created as a principal organ of the United Nations to administer some of the territories ruled by the colonial powers and prepare these territories for self-government and independence.

(b). Objects of the Trusteeship Council-

The Trusteeship Council is formed with the following objects-

(i). To further International peace and security.

(ii). To Secure the advancement of inhabitants

To promote the political, economic, social and educational advancement of the inhabitants of the trust territories and their progressive development towards self-government or independence.

(iii). To encourage respect for human rights-

To encourage respect for human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion and to recognize the independence of the world’s people.

(iv). To ensure equal treatment-

To ensure equal treatment in social, economic, and commercial matters for all members of the United Nations and their nationals, as well as equal treatment for the latter in the administration of justice.

The Trusteeship system applies to three types of territories viz. (i) former League Mandates, (ii) territories detached from the enemy as a result of the Second World War, and (iii) territories voluntarily placed under the system by States responsible for their administration [Art. 77].

The territories are brought under trusteeship through an agreement between the United Nations and the concerned State. On behalf of the United Nations, the General Assembly or the Security Council enters into a contract in the case of strategic areas. The agreement defines and designates the authority that will exercise the administration of the trust territory. Such administration authority may be one or more states or the organisation itself. The trusteeship agreement may designate the whole or part of an area as a strategic or non-strategic area.

(c). Composition of the Trusteeship Council (Art. 86)-

The Trusteeship Council comprises the following members-

i) Those members administering trust territories.
ii) Such permanent members of the Security Council as do not administer trust territory and

iii) States elected by the General Assembly for a period of three years. The General Assembly selects as many states as necessary to ensure that the total number of members of the Trusteeship Council is equally divided between those members of the United Nations which administer Trust Territories and those which do not.

Each member of the Trusteeship Council has to designate a specially qualified person to represent it therein.

(d). Voting System (Art. 89)-

Each member of the Trusteeship Council possesses one vote. The decisions of the Trusteeship Council are made by a majority of members present and voting. There exists no veto power with any of the members of the Trusteeship Council.

(e). Functions and powers-

The Trusteeship Council performs the following functions and has the following powers-

(i). To Consider Reports-

The Council may consider reports submitted by the administering authority related to the inhabitants’ political, economic, social, and educational advancement.

(ii). To Accept petitions-

The Council may accept petitions and examine them in consultation with the administering authority.

(iii). To provide periodic visits-

The Council may visit the trust territories at times agreed upon with the administering authority.

(iv). To perform other actions-

The Council may take other actions in addition to the above in accordance with the terms of trusteeship agreements.

(v). Present functioning of the Council-

In total, eleven territories were pleased under the Trusteeship system. All the eleven territories under the Trusteeship Council either gained independence or were associated with neighbouring States. Thus, it shows that the Council has done remarkable work.

The last territory under the Council, i.e. Palau, had gained independence, and the trusteeship agreement with it was terminated on 10^th November 1994. Since then, the Council has suspended its operations. However, the Council has not yet been eliminated despite frequent demands.

(5) International Court of Justice

(a). Introduction-

The International Court of Justice[22] is an important organ of the United Nations Organisation. Articles 92 to 96 of the United Nations Charter lay down provisions for the ‘International Court of Justice. ‘ A separate Statute, the ‘Statute of the International Court of Justice, ‘ is attached to the United Nations Charter. The Statute contains 70 Articles.

The Statute of the International Court of Justice, which has constituted the present ICJ, is based upon the ‘Statute of the Permanent Court of International Justice’, which had constituted the Permanent Court of International Justice under the Charter of the League of Nations in 1921. This Court was dissolved in 1946 after the dissolution of the League of Nations. In other words, we may say that ICJ is succession or the Permanent Court of International Justice.

(b). Composition and Structure of the ICJ-

The Court comprises 15 judges (Art. 3, Para 1). However, two judges may not be from the same State. The judges are to be elected by the General Assembly and the Security Council.

The Court is headed by the President and Vice-President. They are elected for a team of 3 years by the members of the Court from amongst themselves.

Election and term of Judges (called Members)-

The judges are elected for a term of nine years. They are eligible for reelection. They are elected so that 5 of them would retire on the expiry of 3 years and five more would retire on the expiry of 6 years. New judges are elected in their places. They are elected from amongst persons of high moral character and possessing requisite qualifications. The judges are elected regardless of their nationality. However, no two judges can be nationals of the same state.

(c) Quorum-

The quorum of the court is nine judges. All court decisions are made based on the majority of the judges. The president of the Court is empowered to vote in the case of a tie. Any judge can also pass dissenting judgment. All court decisions are final and without appeal.

Subjects of the ICJ-

All the member states of the United Nations are ipso facto the members of the statute of ICJ. Even any state which is not a member of the United Nations may also become a party to the statute of ICJ. Even any state which is not a member of the United Nations may also become a party to the statute of the ICJ on the recommendation of the Security Council and on the conditions laid down by the General Assembly (Art. 93 of the United Nations Charter.)

Each member of the United Nations undertakes to carry out the decisions of the ICJ in the case in which they are parties (Art. 94 of the United Nations Charter).

If any state against which the judgment is delivered fails to perform its obligations under judgment, the other party may have recourse to the Security Council. The Council may, if it deems necessary, make recommendations or decide upon measures to be taken to give effect to the judgment.

(d) Jurisdiction of the ICJ-

The court has the following jurisdictions-

1. Contentious Jurisdiction[23]–

When the court decides the case on the basis of the consent of the disputant parties, the jurisdiction is called Contentious Jurisdiction. This Jurisdiction is divided into the following forms-

a) Voluntary Jurisdiction[24]–

If the parties to the treaty or convention stipulate in that document that any dispute under it shall be referred to the Court, the Court has jurisdiction on such matter. The parties would be said to have voluntarily surrendered the dispute to the court’s jurisdiction. Such consent is given in advance, i.e., at the time of the conclusion of the treaty itself. In such matters, the court has automatic jurisdiction.

In 1947, the General Assembly adopted a resolution calling upon the member states to encourage the insertion of a clause allowing disputes to be submitted voluntarily to the jurisdiction of the ICJ. However, only a few states have responded positively.

Ad hoc Jurisdiction[25]–

When the disputant parties refer an already-arisen dispute to the court’s jurisdiction, the Court acquires ad hoc jurisdiction on that matter. In other words, the court acquires ad hoc jurisdiction where parties to the dispute give their consent after the dispute occurs by notifying a special agreement concluded between the parties.

The consent may be given by the disputant parties themselves or on the recommendation of the Security Council in accordance with Art. 36, Para. 3 of the Charter.

Optional or Compulsory jurisdiction-

The Court exercises its optional or compulsory jurisdiction in the following ways-

(i) By making the declaration-

Art. 36 (2)[26] allows states to make declarations accepting the court’s jurisdiction as compulsory (Optional clause declaration). It is optional whether the court’s compulsory jurisdiction is to be accepted or not; therefore, this jurisdiction of ICJ is described as optional or compulsory jurisdiction. Acceptance of compulsory jurisdiction of ICJ confers open jurisdiction as follows-

(a) Interpretation of a treaty.

(b) As to any question of International law.

(d) the nature and extent of the representation to be made for the breach of an international obligation and

Many states have accepted the ICJ’s compulsory jurisdiction; however, many other states have not accepted the Court’s jurisdiction.

(ii) By the declarations under the earlier statutes-

Those states are bound by the compulsory jurisdiction of the ICJ, which has bound themselves by a treaty with the Permanent Court of International Justice under the League of Nations. By Art. 37 of the present statute of ICJ, the matters mentioned above are automatically referred to the Court.

ii. Advisory Jurisdiction (Art. 65 to 68).-

ICJ also has advisory jurisdiction. It advises on any “legal question” to anybody authorised under the United Nations Charter or the Statute of ICJ.

As per Art. 96 of the United Nations Charter,

(i) The General Assembly or the Security Council may request the ICJ to give an advisory opinion on any legal question.

(ii) other organs and specialised agencies of the United Nations may also be authorised by the General Assembly to request an advisory opinion on the court on legal questions arising within the scope of their activities.

Nature of Advisory Opinion-

The advice rendered by the ICJ is not binding upon the authority seeking advice. However, the states may have a treaty or agreement to bind themselves in advance about such advice. Even though the Court’s advisory opinion is not binding, it is regarded as an authoritative statement of International law. This is because the advisory opinion comes from the higher judicial authority. The opinion given by the Court is cited by the publishers and writers of International Law.

e. Immunities of the Judges[27]–

Judges of the Court enjoy diplomat privileges and immunities. The salaries, allowances and compensation of the judges are free of taxes. No judge can be dismissed from the service unless, in the unanimous opinion of the other judges, he has creased to fulfil the required conditions.

The Law applied by the Court-

As per Art. 38 (1) of the ICJ applies the following laws-

(a) International conventions, whether general or particular, as recognised by the contesting States.

(b) International custom, as evidence of a general practice accepted as law.

(c) Judicial decisions and the teachings of the most highly qualified publicists of the various nations are subsidiary means for determining rules of law.

(d) Principles of equity.

The decisions of the Cotuit have no binding force except between the parties and in respect of the particular case (Art. 59).

g. Role of the Court in the development of International law-

The Court has played an important role in the development of International Law. It has made pronouncements on major questions of International Law, such as land frontiers and maritime boundaries, territorial sovereignty, the non-use of forces, non-interference in the internal affairs of other states, diplomatic relations, hostage taking, the right of asylum, nationality, guardianship, right of passage, and economic rights.

The court has also given several advisory opinions on different questions like United Nations membership, reparation for injuries suffered in the service of the United Nations, the status of human rights, the use of nuclear weapons, etc.

While pronouncements, the court has contributed International the development of International Law in two senses, viz. (1) it has interpreted and applied the existing rules in such a way as to resolve big International disputes peacefully. (ii) where no rule existed in International Law, new principles and rules have evolved.

Thus, in conclusion, we may say that the ICJ has performed well during the period. However, much work remains to bring all International disputes under the ICJ’s jurisdiction.

IV. Specialised Agencies of the United Nations.-

The United Nations has two kinds of organs. Firstly, Principal Organs, and secondly, subordinate Organisations. We have already discussed the principal organs of the United Nations. Now, we will discuss the subordinate organs of the United Nations.

The ‘Special agencies’ are organisations established by Inter-Government agreements, having wide responsibilities in the economic, social, cultural, educational, health and related fields (Art. 63).

The Economic and Social Council may enter into agreements with any of the above-referred agencies, defining the terms on which the agency concerned shall be brought into a relationship with the United Nations. Such an agreement needs to be approved by the General Assembly. The Economic and Social Council may coordinate the activities of the specialised agencies through consultation with the recommendations of such agencies. It consults with the General Assembly and the members of the United Nations while coordinating with the agencies.

The organisation shall, where appropriate, initiate negotiations among the states concerned to create any new specialised agencies required to accomplish the purposes set forth in Art. 55.

1. Aims or objectives of the Specialised Agencies-

Art. 55 of the United Nations Charter sets out the aims and objectives of such speculated agencies as follows-

(a) Promotion of higher living standards, full employment and conditions of full economic and social progress and development.

(b) Solutions to International economic, social, health and related problems and International cultural and educational court operations and

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

2. Characteristics of the Specialized Agencies-

From the above discussion, we may say that the specialised agencies have the following characteristics-

All the specialised agencies came into existence due to the inter-governmental agreements.
All the specialised agencies have entered into a relationship with the U.N. through special agreements and resolutions of the United Nations General Assembly.

iii. Each specialised agency has its own character describing its duties, functions, aims and objectives, constitution, etc., but without contravening the Charter of the United Nations.

The specialised agencies have their organs: assembly, executive council, and secretariat.
The specialised agencies work under the supervision of the Economic and Social Council, but they are under the purview of the Security Council and General Assembly.

These specialized agencies are autonomous bodies, but they are part and parcel of the United Nations. These agencies undertake social and economic activities, etc.

Some of these agencies, like (i) the International Labour Organisation (ILO), the United Postal Union, and the International Telecommunication Union, came into existence much before the United Nations. At the same time, some agencies, like the International Monitory Fund (IMF) and the International Bank for Re-Construction and Development (IBRD) (World Bank), came into existence along with the United Nations.

3. Specialised Agencies of the United Nations-

The United Nations has the following specialised agencies-

A. Relating to technical matters-

International Civil Aviation Organisation (ICAO) 1994.
World Meteorological Organisation (WMO) 1951.
International Maritime Consultative Organisation (IMCO) 1958.
International Telecommunication Union (ITU) 1865
Universal Postal Union (UPU) 1948.
International Atomic Energy Agency (IAEA) 1957.

B. Relating to the Social and humanitarian activities-

International Labour Organisation (ILO) 1919.
World Health Organisation (WHO) 1946.
United Nations Educational, Scientific and Cultural Organisation (UNESCO) 1946.
United Nations International Children’s Emergency Fund (UNICEF) 1946.
International Refugee Organisation (IRO) 1921.

C. Relating to International Financial problems-

International Development Agency 1960.
International Development Agency 1960.
International Financial Corporation (IFC)1956.
International Fund for Agricultural Development (IFAD) 1977
United Nations Industrial Development Organisation (UNIDO) 1985.

D. Related to Economic and Trade Problems-

International Monitory Fund 1945
Food and Agricultural Organisation (FAO).
World Trade Organisation (1996).
World Intellectual Property Organisation (WIPO) 1967.
United Nations World Tourist Organisation (UNWTO) 2003.

*****

[1] अंतरराष्ट्रीय संस्था / संघटणा

[2] राष्ट्रांची संघटणा.

[3] कि ज्याची स्थापणा अंतराष्ट्रीय कायदयाप्रमाणे व कराराप्रमाणे केलेली असते.

[4] राष्ट्राची संघटणा.

[5] कराराने स्थापना

[6] विषिश्उ उद्देषाने स्थपना

[7] स्वतंत्र अंतरराश्टृीय व्यकतीमत्व

[8] विधानसभा

[9] कर्यकारी समीती/परीशद

[10] सचिवाल्य

[11] संयुक्त राष्ट्रसंघ

[12] मित्र राष्ट्रे

[13] उद्दीष्ठे / हेतु

[14] तत्वे

[15] Hence, for the sake of brevity, it is called “Assembly”.

[16] As per rule 30 of the Rules of procedure of the General Assembly.

[17] चर्चेचा अधिकार

[18] Henceforth for the sake of brevity called as the “Council”.

[19] The Republic of China

[20] Previously, Soviet Socialist Republic.

[21] For the sake of brevity The Trusteeship Council is called merely as “Council”.

[22] Hence forth for the sake of brevity is called as “ICJ

[23] सहमतीने वादावरती कार्यक्षेत्र

[24] ऐच्छीक / स्वखुषीने कार्यक्षेत्र

[25] वाद उद्भवल्यानंतर तो न्यायाल्ययाकडे सोपवीने /तात्कालीन कार्यक्षेत्र

[26] Of the Statute of the ICJ.

[27] न्यायाधिषांना दिली जानारी सुट अथवा संरक्षण