INTRODUCTION

Before the United Nations, the League of Nations was formed. League of nations consisted of 58 nations however it had been shut down as a result of it had been influenced by the interests of the prime nations and even in its presence world war II started. So finally, in 1945, San Francisco hosted the United Nations Conference on International Organizations. Charter was signed on 26 June 1945 which came into force on 24 October 1945. 24 October is known as United Nations Day. At the time of its foundation, it had 51 members, currently, it has 193 members. Among those 51 countries United States, France, United Kingdom, Soviet Union (now Russia), and China these five countries are known as the “Permanent Five” members.

The objective of the United Nations is to promote peace in the world, increase co-operation between countries, increase International security, to give basic human rights to every human in the world irrespective of his/her country, and to have better healthcare in the world.

SCHEME OF THE UN CHARTER

Charter of United Nations Contains – Preamble which is divided into two parts Objects and means to achieve those objects. Total Chapter and Articles XIX Chapter, Article 111. And Chapter III consists of its Organs under Articles 7 and 8.

The United Nations has six main organs. They are as follows –

A.        the General Assembly,

B.        the Security Council,

C.        the Economic and Social Council,

D.        the Trusteeship Council,

E.         the Secretariat, and

F.         the International Court of Justice.

The ICJ has its seat at The Hague, Netherlands and for all other organs, they are located at the UN Headquarters in New York. Headquarters in New York is the principal nerve centre of the organization, and other activities are held around the world and special committees of the General Assembly have frequently held meetings in many countries around the world. Conferences on topics like population, food, the environment, and human rights are held in several parts of the world.

1. The General Assembly

It is the main policymaking and representative organ of the UN. It includes all 193 Members of the United Nations; it provides a unique forum for multilateral discussion of the total spectrum of international issues lined by the Charter. The primary function of the general assembly is to make necessary recommendations and to discuss the issues concerning its power to enforce its resolutions or to compel state action. Different functions include admitting new members; choosing members of the Economic and Social Council, the non-permanent members of the Security Council, and the trusteeship Council; supervising the activities of the other United Nations organs, from which the Assembly receives reports; and participating within the election of judges to the International Court of Justice and the choice of the secretary-general.

Decisions on important questions require a two-thirds majority. Decisions on other questions are made by the simple majority. It also plays a significant role in the process of standard-setting and therefore the codification of law. The Assembly meets from September to December every year, and thereafter as needed.

Functions and powers of the General Assembly

The Assembly is permitted to make recommendations to States on international issues within its ability. The general assembly has brought some actions in the field of political, economic, humanitarian, social, and legal that has affected the lives of millions of people throughout the world.

The general assembly supervises the functions of other principal organs and specialized agencies of the United Nations. It particularly exercises sufficient control over the two principal organs of the United Nations namely the Economic and Social Council and trusteeship Council. The General Assembly might discuss any question or matter within the scope of the present charter or with reference to the powers and functions of any organs provided for within the present charter provided matters which are being considered by the Security Council. The amendment made to Article 108 will come into force for all members of the UN after they are adopted by a veto of 2/3 of the members of the General Assembly and sanctioned in accordance with the various constitutional process by 2/3 of the members of the United Nations together with all the permanent members of the security council.

2. The Security Council

The Security Council contains a primary responsibility under the UN Charter to maintain international peace and security. In contrast to the General Assembly, the Security Council does not hold regular meetings. It may be convened at any time, whenever international peace is threatened. In fact, it meets almost on a daily basis.

The security council is responsible for peacekeeping, for the establishment of international sanctions, and the authorization of action through the resolutions; it is the sole authority to issue the resolutions to its member states. The first meeting of the security council was held on 17th Jan 1946.

It contains five permanent and ten non-permanent members. The non-permanent members are elected for a period of two years in accordance with Article 27, which states that every member of the Security Council shall have one vote. Decisions made by the Security Council on procedural matters will be made by affirmative votes of nine members, but the decision on substantial matters needs affirmative votes of nine members together with the affirmative votes of five permanent members. A negative vote cast by a permanent member on a substantial matter is termed as Veto. Veto is cast only in the meeting of SC no veto by proxy.

3. Economic and Social Council

The Economic and Social Council (ECOSOC) is the central body for coordinating the economic and welfare work of the United Nations and the UN System. The member is selected to serve a term of 3 years, and currently, the Council has 54 members. Voting within the Council is by simple majority; each member has one vote. It is the central forum for discussing international, economic, and social issues, and it also formulates policy recommendations to be addressed to member states and the UN system. A number of non-governmental organizations are granted consultative status to the Council to participate in the work of the United Nations.

POWERS AND FUNCTION:

ECOSOC makes representations with respect to economic, social, cultural, health, and other related matters and may make observations with respect to any such matters relating to General Assembly, to the members of United Nations, and to specialized agencies concern. It may make recommendations for the purposes of promoting respect for and observance of human rights and fundamental freedoms for all.

It also sometimes makes a draft for submission to the General Assembly with regard to matters falling within its competence. It has the power to take call-in accordance with rules prescribed by the UN, International Conference on a matter falling within its competence.

4. United Nations Trusteeship Council

The UN Trusteeship Council was made to assist by ensuring that trust territories were administered within the most effective interests of their inhabitants and of international peace and security. Article 75 of the Charter of U.N. provides that it shall formulate and establish under its authority a global internationally established trusteeship system for the administration and supervision of such territories and to supervise other individual’s agreement also.

UN Trusteeship council has a function to check on the reports submitted by the Administering Authority. It may also accept petitions and examine them in consultation with the authority. It may take these and actions in conformity with the terms of trusteeship Agreements. The Council will prepare an annual general report and placed it before the General Assembly. It can avail the help of any other international organization also.

It was made in 1945 to supervise the decolonization of those dependent territories that were to be placed below the international trusteeship system created by the United Nations Charter as a successor to the League of countries mandate system. Ultimately, eleven territories were placed underneath trusteeship: seven in Africa and 4 in Oceania.

Composition of Trusteeship Council under Article 86

1. All U.N. members administering trust territories,

2.  The five permanent members of the Security Council, and

3.  As many other non-administering members as required to equalize the number of administering and non-administering members, elected by the UN General Assembly for renewable three-year terms.

4. Over time, as trust territories attained independence, the dimensions and workload of the Trusteeship Council were reduced and ultimately came to incorporate only the five permanent Security Council members.

5. The Secretariat

The Secretariat is the UN government arm. The Secretariat is allotted with several major roles for setting the agenda and decision-making bodies for the UN and also the implementation of the selection of these bodies. The General Assembly has the duty to appoint the Secretary-General, he is the head of the secretariat.

Dag Hammarskjold, the United Nations’ second Secretary-General, portrayed its power as follows: “The United Nations is what member nations created it, however within the boundaries set by government action and government cooperation, a lot of which depends on what the Secretariat makes it has the creative capability. It can introduce new ideas. It can, in proper forms, take initiative. It will put before member governments findings which can influence their actions”.

This organ is considered as the main organ of economic and political analysis for the General Assembly and Security Council. As it administers operations initiated by UN’s deliberative organs, operates political missions, prepares assessments that precede peacekeeping operations, it conducts surveys and makes analysis and it also communicates with non-state actors like media and non-government organizations and is answerable for publishing all of the treaties and international agreements.

6. The International Court of Justice

It is the UN’s main judicial organ, located within the Hague, Netherlands in 1945. The Court settles legal disputes only between nations and not between individuals, in accordance with the law of nations. If a country doesn’t wish to take part in a proceeding, it doesn’t need to do so, unless required by special treaty provisions. Once a country accepts the Court’s jurisdiction, it should accommodate its decision. Since 1946, the International Court of Justice has considered over 150 cases and issued varied judgments on international disputes brought to it by states involving economic rights, environmental protection, right of passage, the right of asylum, diplomatic relations, hostage-taking, non-interference among the internal affairs of states and nationality. It has also issued advisory opinions in response to requests by a variety of United Nations organizations.

All judgments which are passed are final and non-appealable. It is presided over by 15 judges elected for 9-year terms, each from a distinct nation, both by the General Assembly and the Security Council. No two judges will be from the same country. Elections happen every three years for one-third of the seats, and retiring judges could also be re-elected. The Members of the Court don’t represent their governments but are independent magistrates. It takes a majority of nine judges to form a decision.

The offices of the Court occupy the “Peace Palace”, which was made by the Carnegie Foundation, a private non-profit organization, to function as the headquarters of the Permanent Court of International Justice, the predecessor of this Court. The United Nations makes an annual contribution to the foundation for the utilization of the building.