Important Improvements in the Functioning of the Principal Organs of the United Nations that Can be Made Without Charter Revision

1997 ◽  
Vol 91 (4) ◽  
pp. 652-662 ◽  
Author(s):  
Louis B. Sohn
Keyword(s):  
United Nations ◽  
Security Council ◽  
General Assembly ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
First Category ◽  
International Court ◽  
The United Nations ◽  
Near Future ◽  
Made In

In the last few years, many proposals have been made requiring either changes in the administration and financing of the United Nations or a revision of the Charter of the United Nations. While some progress has been made in the first category of problems, to the extent that they require primarily changes in the working of the United Nations Secretariat, it became quite obvious that a revision of the Charter is not likely to be made in the near future. It may be possible, however, to achieve important changes in the functioning of the principal organs of the United Nations—the Security Council, the General Assembly and the International Court of Justice—without revision. Pending a change in the international situation, various steps can be taken in the interim that would considerably improve the functioning of these organs, and achieve some of the desirable goals by measures that, while not ideal, will provide practical solutions for a few important problems. Several such solutions are investigated in the three sections of this essay.

Part 2 The United Nations: What it is, 14 The Financing of the United Nations

2017 ◽  
Author(s):  
Higgins Dame Rosalyn, DBE, QC ◽  
Webb Philippa ◽  
Akande Dapo ◽  
Sivakumaran Sandesh ◽  
Sloan James
Keyword(s):  
United Nations ◽  
Security Council ◽  
Early Years ◽  
General Assembly ◽  
Working Capital ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
Social Council ◽  
International Court ◽  
The United Nations

This chapter discusses the regular budget of the UN. The UN’s regular budget includes the expenses of its principal organs—the General Assembly, the Security Council, the Economic and Social Council, the International Court of Justice, the Trusteeship Council, and the Secretariat—as well as subsidiary bodies. From tens of millions in the early years of the organization, the regular budget has grown to billions of dollars. It is composed of various parts, sections, and programmes. No funds may be transferred between different appropriation sections without the authorization of the General Assembly. The remainder of the chapter covers the authorization of programmes; formulation and examination of estimates; approval and appropriation; implementation and the Contingency Fund; audit; the Working Capital Fund; financing of peacekeeping; international tribunals; voluntary contributions; self-support; apportionment of expenses of the organization; and administrative and budgetary coordination between the UN and specialized agencies.

4. Resolution of the General Assembly Concerning Conditions on which Switzerland may become a Party to the Statute of the International Court of Justice, December 10, 1946.

1947 ◽  
Vol 1 (2) ◽  
pp. 410-410
Keyword(s):  
United Nations ◽  
Security Council ◽  
Constitutional Law ◽  
Secretary General ◽  
General Assembly ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The United Nations ◽  
The Government

THE GENERAL ASSEMBLY THEREFORE DETERMINES, in pursuance of Article 93 paragraph 2 of the Charter, and upon the recommendation of the Security Council, the conditions on which Switzerland may become a party to the Statute of the International Court of Justice, as follows:Switzerland will become a party to the Statute of the Court on the date of the deposit with the Secretary-General of the United Nations of an instrument, signed on behalf of the Government of Switzerland and ratified as may be required by Swiss constitutional law, containing:(a) Acceptance of the provisions of the Statute of the Court;(b) Acceptance of all the obligations of a Member of the United Nations under Article 94 of the Charter;

International Court of Justice

1949 ◽  
Vol 3 (4) ◽  
pp. 703-703
Keyword(s):  
United Nations ◽  
Security Council ◽  
General Assembly ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The United Nations ◽  
The Government ◽  
Fourth Session

On July 27 the Security Council by 9 votes to 0 with 2 abstentions, recommended that the Principality of Liechtenstein be permitted to become a party to the Statute of the International Court of Justice. By this decision the Security Council endorsed the opinion of its Committee of Experts that Liechtenstein was a state under the provisions of Article 93 (2) of the Charter and that the same conditions should apply to it as to Switzerland: acceptance of the provisions of the Statute, acceptance of all the obligations of a Member of the United Nations under Article 94 and agreement to contribute to the expenses of the Court upon assessment by the General Assembly after consultation with the government. The recommendation was to be considered by the General Assembly at its fourth session.

2. Advisory Opinion of the International Court of Justice Concerning Conditions of Admission of a State to Membership in the United Nations, May 28, 1948

1948 ◽  
Vol 2 (3) ◽  
pp. 568-573
Keyword(s):  
United Nations ◽  
Security Council ◽  
Secretary General ◽  
General Assembly ◽  
Advisory Opinion ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The United Nations ◽  
In Virtue Of

On November 17, 1947, the General Assembly of the United Nations adopted the following Resolution:“The General Assembly,Considering Article 4 of the Charter of the United Nations,Considering the exchange of views which has taken place in the Security Council at its Two hundred and fourth, Two hundred and fifth and Two hundred and sixth Meetings, relating to the admission of certain States to membership in the United Nations,Considering Article 96 of the Charter,Requests the International Court of Justice to give an advisory opinion on the following question:Is a Member of the United Nations which is called upon, in virtue of Article 4 of the Charter, to pronounce itself by its vote, either in the Security Council or in the General Assembly, on the admission of a State to membership in the United Nations, juridically entitled to make its consent to the admission dependent on conditions not expressly provided by paragraph 1 of the said Article? In particular, can such a Member, while it recognizes the conditions set forth in that provision to be fulfilled by the State concerned, subject its affirmative vote to the additional condition that other States be admitted to membership in the United Nations together with that State?Instructs the Secretary-General to place at the disposal of the Court the records of the above-mentioned meetings of the Security Council.”

Conditions of Admission of a State to Membership in the United Nations

1949 ◽  
Vol 43 (2) ◽  
pp. 288-303 ◽  
Author(s):  
Yuen-Li Liang
Keyword(s):  
United Nations ◽  
Security Council ◽  
Additional Condition ◽  
General Assembly ◽  
Advisory Opinion ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The United Nations ◽  
In Virtue Of

The International Court of Justice, on May 28, 1948, gave an advisory-opinion concerning the conditions of admission of a state to membership in the United Nations. By nine votes to six it held: that a Member of the United Nations which is called upon, in virtue of Article 4 of the Charter, to pronounce itself by its vote, either in the Security Council or in the General Assembly, on the admission of a State to membership in the United Nations, is not juridically entitled to make its consent to the admission dependent on conditions not expressly provided by paragraph 1 of the said Article;and that, in particular, a Member of the Organization cannot, while it recognizes the conditions set forth in that provision to be fulfilled by the State concerned, subject its affirmative vote to the additional condition that other States be admitted to membership in the United Nations together with that State.

Fiat iustitia . . . Professor Krzysztof Skubiszewski and His Vision of the Relations Between the International Court of Justice and the Security Council

2016 ◽  
Vol 18 (2) ◽  
pp. 129-150
Author(s):  
Bartłomiej Krzan
Keyword(s):  
United Nations ◽  
Present Article ◽  
Security Council ◽  
International Court Of Justice ◽  
Late Professor ◽  
Court Of Justice ◽  
International Court ◽  
The United Nations

The present article addresses the legacy of the late Professor Krzysztof Skubiszewski with a view to analysing his vision of the judicial function of the International Court of Justice vis-à-vis the Security Council. Although the issue has attracted much scholarly and practical attention, it may be argued that the position taken by Skubiszewski, successfully combining theory with practice, remains highly relevant despite the lapse of time and subsequent developments. The relations between the two main organs of the United Nations are examined particularly in the light of the latest jurisprudence of the International Court of Justice.

The 1987 Elections to the International Court of Justice

1988 ◽  
Vol 25 ◽  
pp. 379-388 ◽  
Author(s):  
Edward G. Lee ◽  
Edward McWhinney
Keyword(s):  
United Nations ◽  
Security Council ◽  
Ad Hoc ◽  
Hague Convention ◽  
General Assembly ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The Hague ◽  
The Hague Convention

The Statute of the International Court of Justice specifies that the nominations of candidates for election to the Court shall be made by “national groups” constituted either by the national groups in the Permanent Court of Arbitration (PGA), or by national groups appointed for this purpose “under the same conditions” as those prescribed for members of the PCA under the Hague Convention of 1907. As of May 1987, about half the member states of the United Nations — seventy-six out of one hundred and fifty-eight — were members of the PCA, but among these only sixty-two had functioning national groups. Official United Nations documents show that a great many national groups from other states, perhaps created on an ad hoc basis for the regular elections to the Court, submit nominations as provided under Article 4(2) of the Statute. Once a candidate has been nominated by one or more national groups, the state of which he is a national is free to decide whether formally to sponsor his candidacy and to seek the support of other states in the elections to be held in the General Assembly and the Security Council.

Military Sanctions Enforcement in the Absence of Express Authorization?

2016 ◽  
Author(s):  
Penelope Nevill
Keyword(s):  
Law Enforcement ◽  
United Nations ◽  
Security Council ◽  
Use Of Force ◽  
Law Of The Sea ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
Un Security Council ◽  
The United Nations

This chapter examines the use of force to enforce sanctions in the absence of express authorization by the UN Security Council. After reviewing the history and background to enforcement of sanctions which primarily takes place at sea, the chapter addresses the question of what amounts to a use of force in this context, paying particular attention to whether sanctions enforcement is ‘law enforcement’ or a use of force in the sense of Article 2(4) of the UN Charter by examining the jurisprudence of the International Court of Justice and under the United Nations Law of the Sea Convention concerning forcible measures used or threatened by state authorities against vessels or oil rigs and platforms. The chapter concludes by assessing the legal bases for the use of force to enforce sanctions, including those imposed by the United Nations.

Preparation of a New Treaty for the Settlement of International Disputes

1990 ◽  
Vol 3 (3) ◽  
pp. 51-57
Author(s):  
Louis B. Sohn
Keyword(s):  
United Nations ◽  
International Law ◽  
General Assembly ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
Peaceful Settlement ◽  
International Court ◽  
The United Nations ◽  
Settlement Of Disputes

In declaring the period 1990–1999 as the United Nations Decade of International Law, the General Assembly of the United Nations listed among the main purposes of that decade the need “to promote means and methods for the peaceful settlement of disputes between States, including resort to and full respect for the International Court of Justice”.

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