UN: The Evolving Charter (part 1) Spring 2013 Lecture 4 Professor OMalley

Charter Chapters I.Purpose and Principles (est. collective security) II.Deals with UN Membership (peace loving nations) – allows suspension of membership also III.Lists the Five Organs of the UN IV.Provisions for the General Assembly – incl. voting procedures and jurisdiction for action V.Provisions for the Security Council -- incl. voting procedures and jurisdiction for action VI.Pacific settlement of conflict – negotiation, mediation, conciliation, arbitration and adjudication VII.Installs the UN as international guarantor of peace and security – S.C. decides measures against aggressor

Charter Chapters VIII. Regional Arrangements – allows regional groups or orgs. to deal with issues IX. International Economic and Social Cooperation – raise living standards of all X. Sets and Defines Parameters of ECOSOC XI. Declaration of Self-Governing Territories – promote decolonization and free political institutions XII. International Trusteeship System – tells who can be a trustee and how it should be run XIII. Establishes the Trusteeship Council XIV. International Court of Justice

Charter Chapters XV. Establishes the Secretariat headed by the Secretary- General – administrative arm of UN XVI. Miscellaneous Provisions – like registering treaties XVII. Transitional Security Arrangements (after WWII) XVIII. Amending the Charter XIX. Time line and process of Charter Ratification

Articles to Remember Article 2: non-resort-to-war concept – All Members shall refrain from threat or use of force Article 18: important questions require a 2/3 vote of the General Assembly (not simple majority) Article 27: the veto provision for the Sec.Council Article 55: to raise living standards, resolve economic and social problems and enhance human rights Article 57: encourages specialized agencies to develop a relationship with the UN

Articles to Remember Article 92: replaced the Permanent Court of International Justice with the ICJ – gave ICJ its own statute (see annex to charter) Article 99: Sec.Gen. can bring any matter to the Sec. Council that he/she feels is a threat to peace and security Article 100: members of the Secretariat are international officials responsible to the organization Article 102: principle of obligatory registration of treaties at a single institution

Two Accentuated Themes Clash 1.Principle of independence and sovereignty of states which leads to non-interference (article 2) 1.Nothing in the Charter authorizes the UN to intervene in matters of essentially domestic jurisdiction 2.Principle of Human Rights – article 1, 13 and 55 * Charter of the UN is between peoples of the world not among states or governments – this thus allows for expansion of the charter beyond state sovereignty

Evolutions 1950 – Uniting for Peace Resolution – if Sec.Council paralyzed, GA can make recommendations and suggest actions by 2/3 vote 1953 – Dag Hammarskjold says Secretary-General has informal responsibilities beyond the Charter but within its constraits 1999 – Kofi Annan claims human rights cannot be abridged for state sovereignty (R2P – Responsibility to Protect) Chapter VI ½ -- guiding principles of peacekeeping (obviously between Chapters VI and VII)

Membership Evolution Membership – changed from just peace loving nations to decolonized states North-South Relations First-Second-Third World Developed-Less Developed-Least Developed Group of 77 (1964 UNCTAD caucus of 3 rd world nations) New International Economic Order (1974 special session of GA) Non-aligned states