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PRINCIPLES OF UN CHARTER

4th October, 2024

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Picture Courtesy: https://indianexpress.com/article/opinion/columns/ban-ki-moon-writes-gandhi-embodied-principles-of-un-charter-well-before-they-were-framed-9599027/ 

Context:

Ban Ki-moon, the former Secretary-General of the United Nations highlighted the relevance of Mahatma Gandhi's principles of non-violence and peace in solving major global challenges.  

Details

Mahatma Gandhi was a strong supporter of non-violence and believed that peaceful methods are essential for creating a better future. His strategy has influenced leaders like Martin Luther King Jr. and Nelson Mandela to struggle for justice using peaceful means. Ban Ki-moon emphasizes that Gandhi lived the principles that the United Nations stands for, even before the organization was established in 1945.

About United Nations 

The United Nations (UN) is an international organization founded on October 24, 1945, after World War II, with the aim of preventing future conflicts and promoting international cooperation.   

Key objectives

  1. Maintain International Peace and Security: The primary goal is to prevent conflicts and help parties in conflict make peace.
  2. Promote Human Rights: The UN works to uphold human rights for all people, as outlined in the Universal Declaration of Human Rights.
  3. Deliver Humanitarian Aid: The organization provides aid to those in need, especially during emergencies like natural disasters and armed conflicts.
  4. Support Sustainable Development: The UN promotes economic and social development to improve living standards worldwide.
  5. Uphold International Law: It works to establish and enforce international laws to ensure justice and fairness.

About the Charter of the United Nations

The Preamble of the Charter, expressing the resolution of the UN to:

  • Save future generations from the scourge of war.
  • Reaffirm faith in fundamental human rights.
  • Promote social progress and better standards of life.
  • Practice tolerance and live together in peace.
  • Unite strength to maintain international peace and security.

Chapter I: Purposes and Principles

Article 1 outlines the main purposes of the UN:

  1. Maintain International Peace and Security: Take collective measures to prevent and remove threats to peace.
  2. Develop Friendly Relations Among Nations: Based on respect for equal rights and self-determination of peoples.
  3. Achieve International Cooperation: Solve international problems of an economic, social, cultural, or humanitarian character.
  4. Be a Center for Harmonizing Actions of Nations: Work towards the common goals.

Article 2 establishes the principles guiding the UN and its members:

  • Sovereign equality of all members.
  • Fulfillment of obligations in good faith.
  • Peaceful settlement of disputes.
  • Refrain from the threat or use of force.
  • Assistance to the UN in any action it takes.
  • Non-intervention in domestic matters of states.

Chapter II: Membership

Articles 3-6 cover membership:

  • Original Members: States that participated in the San Francisco Conference or signed the Declaration by United Nations.
  • Admission of New Members: Open to peace-loving states that accept the obligations of the Charter.
  • Suspension and Expulsion: Members can be suspended or expelled for persistent violations of the Charter.

Chapter III: Organs

Article 7 lists the principal organs of the UN:

  1. General Assembly
  2. Security Council
  3. Economic and Social Council (ECOSOC)
  4. International Court of Justice (ICJ)
  5. Secretariat
  6. Trusteeship Council.

Chapter IV: The General Assembly

Articles 9-22 describe the General Assembly:

  • Composition: All member states are represented.
  • Functions and Powers: Discuss and make recommendations on international issues, approve the budget, and elect non-permanent members of the Security Council and other bodies.

Chapter V: The Security Council

Articles 23-32 outline the Security Council:

  • Composition: 15 members, including five permanent members with veto power (China, France, Russia, the UK, and the US).
  • Functions and Powers: Maintain international peace and security, investigate disputes, recommend solutions, and take military and non-military action.

Chapter VI: Pacific Settlement of Disputes

Articles 33-38 focus on peaceful resolution of conflicts:

  • Methods: Negotiation, mediation, arbitration, judicial settlement, and other peaceful means.

Chapter VII: Action with Respect to Threats to the Peace, Breaches of the Peace, and Acts of Aggression

Articles 39-51 detail the Security Council’s powers to:

  • Determine Threats: Identify threats to peace and acts of aggression.
  • Take Action: Impose sanctions, authorize the use of force to maintain or restore peace.

Chapter VIII: Regional Arrangements

Articles 52-54 encourage regional arrangements for dealing with peace and security issues, provided they are consistent with the UN’s purposes.

Chapter IX: International Economic and Social Cooperation

Articles 55-60 promote higher standards of living, full employment, and conditions of economic and social progress and development.

Chapter X: The Economic and Social Council (ECOSOC)

Articles 61-72 describe ECOSOC’s role in promoting international economic and social cooperation.

Chapter XI: Declaration Regarding Non-Self-Governing Territories

Articles 73-74 outline the responsibilities of member states for the administration of territories whose peoples have not yet attained full self-government.

Chapter XII: International Trusteeship System

Articles 75-85 establish the Trusteeship Council to oversee the administration of trust territories.

Chapter XIII: The Trusteeship Council

Articles 86-91 detail the composition and functions of the Trusteeship Council.

Chapter XIV: The International Court of Justice (ICJ)

Articles 92-96 establish the ICJ as the principal judicial organ of the UN, settling legal disputes between states and giving advisory opinions.

Chapter XV: The Secretariat

Articles 97-101 describe the Secretariat, headed by the Secretary-General, responsible for carrying out the day-to-day work of the UN.

Chapter XVI: Miscellaneous Provisions

Articles 102-105 cover various administrative and legal matters, including the registration of treaties and the privileges and immunities of the UN.

Chapter XVII: Transitional Security Arrangements

Articles 106-107 provide for transitional security arrangements pending the establishment of the Security Council.

Chapter XVIII: Amendments

Articles 108-109 outline the procedures for amending the Charter.

Chapter XIX: Ratification and Signature

Articles 110-111 detail the process for ratification and the entry into force of the Charter.

The Charter of the United Nations is a comprehensive document that lays the foundation for the functioning of the UN and its efforts to promote peace, security, and cooperation among nations.

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Source: 

Indian Express

Wikipedia

Wikipedia

PRACTICE QUESTION

Q.Consider the following statements about the United Nations General Assembly (UNGA):

1. It is composed of all 193 member states of the UN.

2. It elects non-permanent members to the Security Council.

3. It has the power to enforce peacekeeping operations.

How many of the above statements are correct?

A) Only one

B) Only two

C) All three

D) None

Answer: B

Explanation:

Statement 1 is correct:  The UNGA includes all 193 member states of the United Nations, making it a unique forum for multilateral discussion on international issues.

Statement 2 is correct: One of the key functions of the UNGA is to elect the non-permanent members of the Security Council.

Statement 3 is incorrect: The UNGA can make recommendations on international peace and security, but it does not have the power to enforce peacekeeping operations. This power lies with the Security Council.