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United Nations: International, Universal, Committed

CLN4U Canadian and International Law ISU

Rebecca Amoah

on 22 November 2012

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Transcript of United Nations: International, Universal, Committed

The United Nations International, Universal, Committed Opening Statements Welcome member nations, to the 70th commemorative conference of the United Nations General Assembly. January 1st, 1942: Great Britain, Soviet Union, United States, and China propose Atlantic Charter Moscow Declaration signed October 1943 Dunbarton Oaks Conference October 7th, 1944
Charter of the United Nations finalized June 26th, 1945
Honourable mention to Secretary General and Secretariat League of Nations - no military alliance, could not enforce decisions Founded October 24th, 1945
Term United Nations first used by Franklin D. Roosevelt January 1st, 1942 Agenda 1. Article revisions to the Charter
2. Membership admissions vote
3. Conflict resolution: case in point
4. International Court of Justice
5. Questionnaire and concluding statements The Charter Maintenance of International Peace
Friendly relations between states
Organization as a center for peaceful negotiations
Sovereign equality
Fulfillment of obligations
Legal equality vs. Political Equality
Compliance to UN recommendations General Assembly regulating armaments
discussing and reviewing international law
promote economic and social conditions
raise awareness about human rights and fundamental freedoms Legislative branch General Powers Specific Powers election of a secretary general
voting on admission of new members
suspending the rights and privileges of members
approving affiliated agency budgets
appointing members to these agencies/bodies Membership Voting Procedure New member applicants:
Taiwan, Vatican City, and Kosovo 1. formal hearing of why each nation believes they would completely fulfill the UN’s obligations, and degree of ability to carry these out
2. a maximum of three concerns may be raised per applicant with only one per delegate, provided it is reasonable and relevant to the enforcement of international law
3. a two thirds majority is required
4. no veto power
5. ballots will be collected and counted by the chief secretariat Supporting Facts Taiwan Vatican City Kosovo Supporting Facts Kosovo Vatican City Taiwan In 1895 military defeat forced China to cede Taiwan to Japan, back to Chinese control after WW1
In 2000: first peaceful transfer of power from Nationalist to Democratic Progressive Party
Became one of East Asia's Economic "Tigers"
International disputes over claims to uninhabitable neighbouring islands with China, Malaysia and the Philippines
Problems with transshipment of methamphetamine and and heroin to Japan
Multiparty democracy
Civil law system
Adopted constitution 1946, effective 1947
Political pressure from environmental groups, independence movements
Limited military expenditure
Capitalist economy
1.16% below poverty line Present concerns include religious freedom, international development, the environment, the Middle East, China, the decline of religion in Europe, terrorism, inter-religious dialogue and reconciliation, the application of Church doctrine in an era of rapid change and globalization
Economy supported by investments, real estate income, donations by Catholics, dioceses and institutions
Ecclesiastical government, religious legal system based on canon law
Suffrage limited to cardinals
100% literacy and urban population rate Staring in 1998 Serbian military police and paramilitary forces conducted a destructive counterinsurgency campaign against Albanians
International attempts to mediate the conflict failed, 3 month NATO military operation against Serbia beginning March, 1999, forced to agree to withdraw military and police forces from Kosovo
UN Security Council Resolution 1244 (1999) put Kosovo until transitional administration, the UN interim Administrative Mission in Kosovo - pending determination of Kosovo future status
UN led process started in 2005 to determine status, ended in 2007 without agreement
Declared independence February 17, 2008
Recognized by 85 countries, rejected by Serbia, sought advisory opinion from ICJ October 2008 on legality under International Law of declaration
Opinion released July 2012, affirmed did not violate Constitution Items Case in Point: Security threats in West Africa and the Sahel Region The Details: Illicit trafficking networks and arms flows
Upsurge in terrorist attacks
Destabilisation methods in West Africa
Growing piracy problems
Benin, Gabon, Angola and Nigeria
$2 million in revenue lost from cargo ships that dock at Cotonou, Benin
Transitional organised crime; cocaine and counterfeit cigarettes, illegal medicines, and children.
Secretary General’s UNOWA report June 20, 2011 - massive combat weapons being transferred from Libya claimed by terrorists and anti-governmental forces in the Sahel
Thousands of returnees moving into the Sahel with ammunition stockpiled in Libya
Famine, food shortages, and criminal activities rampant
Jihadist groups allegedly responsibly for recent bombings and killings What is your solution? Consider the economic,
social, and political
implications of the
affected countries, as well
as your own 5 minutes to deliberate
3-point action plan with most
likely to be effective options
Pacific settlement, force,
or armed force
Each member has 1 vote
Decision must have
unanimous approval
by Trusteeship Council,
otherwise vetoed International Court of Justice Judicial Institution of the United Nations Jurisdiction of the court a) Treaty interpretation
b) International law inquiries
c) Facts breaching international obligation

2 types of cases:
1) contentious cases - legal disputes between States submitted to it by them
2) advisory proceedings -requests for advisory opinions on legal questions referred to it by United Nations organs and specialized agencies Presentation of Evidence 1) Written memorials are filed – similar to a civil statement of claim
2) Witnesses and arguments are presented
3) The court decides – majority vote, no appeal The ICJ Statute Annexed to the Charter
Procedures designed to settle disputes beyond nation's domestic jurisdiction
Human rights, peace, political interest violation
Adjudicates legal disputes, provides legal advice, methods for the attainment of a peaceful solution, or coercive measures
Arbitration, negotiation, mediation
Personal responsibility for International Law
Nuremberg Principle Resources Websites http://www.un.org/cyberschoolbus/quick/qqs.asp
http://www.un.org/en/aboutun/history/index.shtml Literature Charter of the United Nations
Statute of the International Court of Justice
Understanding the Law Questionnaire http://www.un.org/en/aboutun/history/quiz.shtml Thank you
¡Gracias Charter Provisions Ch. I: Purposes and Principles "To maintain international peace and security, to take effective collective measures for the prevention and removal of threats to the peace, and for the suppression of acts of aggression or other breaches of the peace, and to bring about by peaceful means, and in conformity with the principles of justice and international law, adjustment or settlement of international disputes or situations which might lead to a breach of the peace" - Article 1 Ch. IV: The General Assembly Ch. VII: Action with Respect to Threats of Peace, Breaches of the Peace, and Acts of Aggression "[Power to] discuss any questions or any matters within the scope of the present Charter or relating to the powers and functions of any organs provided for in the present Charter [and provide recommendations on those subjects]" - Article 10 Ch. VI: Pacific Settlement of Disputes Ch. IX: International Economic and Social Cooperation "Nothing in the present Charter shall impair the inherent right of individual or collective self-defence if an armed attack occurs against a Member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security. Measures taken by Members in the exercise of this right of self-defence shall be immediately reported to the Security Council and shall not in any way affect the authority and responsibility of the Security Council under the present Charter to take at any time such action as it deems necessary in order to maintain or restore international peace and security" Article 51 "[Countries experiencing disputes that may lead to war must first seek solutions through peaceful methods such as] negotiation, inquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their own choice" - Article 35 "With a view to the creation of conditions of stability and well-being which are necessary for peaceful and friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, the United Nations shall promote:
a. higher standards of living, full employment, and conditions of economic and social progress and development;
b. solutions of international economic, social, health, and related problems; and international cultural and educational cooperation; and
c. universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion" - Article 55
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