11. Организация Объединенных Наций: создание, устав, цели и принципы.

• The main provisions of the UN Charter were drew up on the conference of USSR, USA, UK and China representatives in 1944 in Washington

• The final draft of the Charter was signed on 26 June 1945 by the representatives of the 50 countries.

• The UN came into existence on 24 October 1945 (Charter ratified by China, France, USSR, UK, US and a majority of other signatories). USA – depository of instruments of ratification.

Purposes:

• maintain international peace and security

• develop friendly relations among nations (equal rights and self-determination)

• achieve cooperation in international problems (economic, social, cultural and humanitarian), promoting respect for human rights and fundamental freedoms

• harmonize the actions of nations in attaining these common ends

The Organization and its Members, in pursuit of the Purposes stated in Article 1, shall act in accordance with the following Principles.

• sovereign equality of all its Members

• fulfilment of obligations in good faith by all Members

• settlement of disputes by peaceful means

• to refrain from the threat or use of force

• assistance to the UN in any action

• nothing in the Charter is to authorize the UN to inter­vene in matters within domestic jurisdic­tion of any state

• GA admits new Members on recom­mendation of SC.

• Sus­pension or expulsion of a Member for violation of the principles provided.

• Official languages: Chinese, English, French, Russian and Spanish (Arabic added as official language of GA, SC and Economic and Social Council).

12. Система органов оон (главные и вспомогательные органы). Генеральная Ассамблея оон, Совет Безопасности.

2 types of organs within the UN

- principal (powers, functions, composition determined by the Charter):

GA, SC, ECOSOC, Trusteeship Council, ICJ, Secretariat

- subsidiary (created by principal organs that determine powers, functions and composition): set up by GA – International Law Commission, the United Nations Environment Programme (UNEP), the Office of the UN High Commissioner for Refugees (UNHCR), UNICEF United Nations International Children's Emergency Fund, the United Nations Development Programme (UNDP), the UN Administrative Tribunal (UNAT).

set up by SC – peace-keeping missions, Sanctions Committees, the International Criminal Tribunals for the Former Yugoslavia and Rwanda, UNCC (the United Nations Compensation Commission)

The principal organ will confer some of its powers on a subsidiary organ that it creates. However, a principal organ may be entitled to confer on the subsidiary organ powers which it does not itself possess where the power to establish such a sub­sidiary organ is necessary.

Specialized agencies:

• international organizations in their own right (unlike subsidiary organs)

• established by separate treaties; bound with the UN by agreements

• the UN may though coordinate their activities (mainly, through ECOSOC)

The General Assembly:

• plenary organ (not legislative) body

• the only principal organ composed of all member States

• meets annually in regular session (between September and December)

• competence to discuss and make recommendations

• one member one vote(important decisions must be adopted by two thirds of members present and voting, other – simple majority)

• binding decisions only on internal administrative matters

• may not intervene in domestic affairs

• agenda items allocated to one of six main committees, where decision-taking occurs

• (Disarmament and International Security, Economic and Financial, Social, Humanitarian and Cultural, Special Political and Decolonization, Administrative and Budgetary Legal)

• procedural commit­tees

(not composed of all UN members):

• General Committee (organizing the work of session, deciding on the agenda)

• Credentials Committee (examines the credentials of repre­sentatives of member States)

• standing committees (composed of experts rather than representatives of member States, assist the Fifth Committee with financial matters):

  • Advisory Committee (administrative and budgetary questions)

  • Committee on Contributions

The Security Council:

• composed of 15 member States

• 5 perman­ent members (USA, Russia, UK, France, China)

• 10 members elected by GA for 2-year terms

• competence – international peace and security (bears primary responsibility)

• one member one vote

• non-procedural matters adopted by 9 votes (with concurring(совпадающий) vote of permanent members)

• permanent members possess a veto (abstentions are not vetos)

• power to adopt decisions binding on UN members