Free Essay

The United Nations and Their Current Role in International Law

In:

Submitted By marissalol
Words 1852
Pages 8
The United Nations and Their Current Role in International Law Our stability as a western nation is often taken for granted as we have become accustom to freedoms. Unfortunately these freedoms are not prevalent in all areas of the world. The United Nations strives to bridge the gap between developed and developing nations as each strives to create a more peaceful and prosperous world. The concept of the United Nations if not the first of our time, the League of Nations was created post World War One to try and prevent another catastrophic conflict. As we all know the League failed and the ensuing massacre of World War Two warranted a stronger and more comprehensive intergovernmental organization. This would lead to the creation of the United Nations. Though the UN has stood the test of time it does have its critics who question the effectiveness of the organizations ability to respond swiftly or appropriately to global crises. From the perspective of international law the United Nations works to create new laws and agreements in counties addressing issues in a global context; i.e. terrorism, nuclear weapons, boarder disputes etc. The UN also facilitates the International Court of Justice which aims to solve disputes between nations. The International Criminal court is another international court system that aims to hold individuals who commit war crimes or other significant international crimes responsible for their actions. The United Nations, International Court of Justice and International Criminal Court all contribute to the stability of our world, although there effectiveness is limited in atmospheres. The United Nations fundamental mandate is to promote peace; this mandate can become perverted once other factors interfere. The heart of the United Nations lies in the General Assembly. The General Assembly involves delegates from all countries in the UN discussing current world issues (UN News Center 1, 2014). These discussions can become very strenuous as the clash between different societies and cultures affects the ability for all nations to effectively communicate with one another. Another key council in the UN is the Security Council. The Security Council’s mandate is “to maintain international peace and security; to develop friendly relations among nations; to cooperate in solving international problems and in promoting respect for human rights; and to be a centre for harmonizing the actions of nations” (UN News Center 1, 2014). These mandates can be carried out in a variety of fashions from blockades, economic sanctions and sometimes military action (UN News Center 1, 2014). The Security Council is comprised of the world’s strongest nations (China, France, Russian Federation, United Kingdom and the United States) and ten nations who are elected to serve two year terms (UN News Centre 2, 2014). The five permante members all contain veto power. Veto power allows for “any one of the five permanent members [to] cast a negative vote in the 15-member Security Council, [this vote deems] the resolution or decision not approved” (UN News Centre 2, 2014). This can create upsets when attempting to address international issues such as conflict and abuse. A current issue that exemplifies this is the Syrian conflict. Currently, the conflict has persisted for almost three years, resulting in over 130 000 deaths (Gordts, 2013). The United Nations has made numerous attempts to provide a solution to the problem, one of them being military action. This decision to act has been brought to the Security Council three times to date; each time the decision is vetoed by the Russian Federation and China (UN News Centre 3, 2014). By vetoing the resolution Russia and China have allowed the civil war to peruse. These instances are where the effectiveness of the United Nations is called into question. This is because allowing a war to continue is contrary to the mandate of the UN. The issue that needs to be addressed is the need for the Security Council. Should the fate of millions of lives rest on the backs of five countries that we deem ‘strong and powerful’? In the minds of many we should allow a collective discussion between all nations; this prevents the agendas of a few nations from getting in the way of preserving human life and halting strife. The Security Council cannot respond to the needs of the world through the eyes of five nations. The International Court of Justice provides valid advisory to nations, but this is not true method to ensure the law is upheld. The International Court of Justice works to “give advisory opinions on legal questions referred to it by authorized United Nations organs and specialized agencies” (International Court of Justice, 2014). The main aspect of Court of Justice to remember of the court of just is it acts as an advisory organization; they contain no real power to act with. This lack of power is recognized by the courts themselves in Statute of the International Court of Justice; the statute states “The decision of the Court has no binding force except between the parties and in respect of that particular case” (United Nation, 1946). With no real binding force to adhere to the parties, or nations involved could completely disregard the decisions of the judges without any ramifications. This calls into question the purpose of the courts and whether the funds necessary to operate it truly helps the world as a whole. But, the courts actions play a larger role in the state of the world than most would think. By making a legal decision that is based off of international law the courts are able to maintain an unbiased view of the situation. Furthermore, the decisions The Courts make is able to allow the basis for which the two nations/organizations can reach a compromise or a just outcome on their own time. Even if one nation decides to disregard the decision and continue their acts the world and the UN will know the quality of character that leader processes, thus shaping how international relations is conducted with that particular nation. Something the Court of Justice addresses that the Security Council does not is the private agendas of nations creeping into the policy and decisions the Judges make. This issue is resolved in Article three of the statute which states “The Court shall consist of fifteen members, no two of whom may be nationals of the same state” (United Nations, 1946). By ensuring that the makeup of court represents the world as a whole the influence of corrupt governments is diminished. Furthermore, a global perspective on issues brings new thoughts and ideas the judges can incorporate with the law to create well rounded decisions. One grievance that many have with ICJ is how slow the process takes. For example the oil platform case involving the United States and Iran began in 1992, but did decision was not reached until 2003 (Alexandrowicz, 2004). This is a major fault in the ICJ as by the time many cases are closed the decisions made are irrelevant to the current political climate between the two nations involved. In summary, the International Court of Justice provides valid and legally unbiased information, but the lack of enforcement and time the decisions take makes the Court irreverent in most situations. The International Criminal Court of is only able to effectively prosecute certain crimes. The International Criminal Court is a court system that is not affiliated with the United Nations or any particular nation; the courts existence is “based on a treaty, joined by 122 countries” (International Criminal Court, 2014). Its goal is to prosecute the highest level of criminal offenses such as “genocide, war crimes, crimes against humanity, and the crime of aggression” (International Criminal Court, 2014). These acts are all deemed significant enough to prosecute on an international in order to preserve peace and stability in the world. Unfortunately these are the only crimes the court can prosecute. Lesser crimes such as murder are not able to be prosecuted by the ICC. This is a shame considering the ICC can exercise its powers “on the territory of any State Party and, by special agreement, on the territory of any other State” (UN General Assembly, 1998). This ability to override a government prevents war criminals from escaping justice in courtiers where the justice system is corrupt or malfunctioning. If these abilities where to be applied on a broad scale areas of the world where murder and other large crimes are prevalent would have an overseeing power ensuring that all criminals would be brought to justice. Some might say this violates the sovereignty of these nations, but invading a nation in turmoil with UN peacekeepers is no different. In these instances the ICC would be acting as the peacekeepers from a systematic legal perspective. If allowed to work like this the ICC could also help set up new systems of law in areas recovering from war, ensuring the ICCs actions showed both charity and justice. The ICC is effective in its current role but in order to meet the need of the world it must expand its abilities. Our systems of international Government are designed to aid the less fortunate and bring restriction and Justice to those who prey on the helpless. This is a tough mandate to fulfil and often it becomes perverted when other factors interfere. In the UN Security council the political/economic agendas of the top five nations often cloud the decisions they make, often costing lives. The International Court of Justice provides accurate information on cases; unfortunately the time it takes to reach these decisions makes their information utterly unless to the parties involved. The International Criminal Court is an effective method of prosecuting war criminals, although it must expand its reach to other situations in order to properly serve the world. In conclusion, The United Nations has the tremendous potential to create a peaceful and stable world, but they must be bound to a never ending ambition to reach this goal.

Works Cited
Alexandrowicz, G. W. "The International Court of Justice." Dimensions of Law: Canadian and International Law in the 21st Century. Toronto: Emond Montgomery Publications, 2004. N. pag. Print.
Gordts, Eline. "Death Toll In Syria Surpasses 130,000, Monitoring Group Says." The Huffington Post. TheHuffingtonPost.com, 31 Dec. 2013. Web. 16 Jan. 2014.
"ICC - ICC at a Glance." International Criminal Court. International Criminal Court, 2014. Web. 16 Jan. 2014.
"International Court of Justice: The Court." International Court of Justice. International Court of Justice, 2014. Web. 10 Jan. 2014.
UN General Assembly, Rome Statute of the International Criminal Court (last amended 2010), 17 July 1998, ISBN No. 92-9227-227-6, available at: http://www.refworld.org/docid/3ae6b3a84.html [accessed 12 January 2014]
"United Nations Security Council - Veto List." UN News Center. UN, 2014. Web. 16 Jan. 2014. (3)
United Nations, Statute of the International Court of Justice, 18 April 1946, available at: http://www.refworld.org/docid/3deb4b9c0.html [accessed 10 January 2014]
"Voting System and Records." UN News Center. UN, 2014. Web. 16 Jan. 2014. (2)
"What Is the Security Council?" UN News Center. UN, 2014, n.d. Web. 16 Jan. 2014 (1)

Similar Documents

Premium Essay

Resolution Adopted by the General Assembly

...Resolution adopted by the General Assembly [without reference to a Main Committee (A/55/L.2)] 55/2. United Nations Millennium Declaration The General Assembly Adopts the following Declaration: United Nations Millennium Declaration I. Values and principles 1. We, heads of State and Government, have gathered at United Nations Headquarters in New York from 6 to 8 September 2000, at the dawn of a new millennium, to reaffirm our faith in the Organization and its Charter as indispensable foundations of a more peaceful, prosperous and just world. 2. We recognize that, in addition to our separate responsibilities to our individual societies, we have a collective responsibility to uphold the principles of human dignity, equality and equity at the global level. As leaders we have a duty therefore to all the world’s people, especially the most vulnerable and, in particular, the children of the world, to whom the future belongs. 3. We reaffirm our commitment to the purposes and principles of the Charter of the United Nations, which have proved timeless and universal. Indeed, their relevance and capacity to inspire have increased, as nations and peoples have become increasingly interconnected and interdependent. 4. We are determined to establish a just and lasting peace all over the world in accordance with the purposes and principles of the Charter. We rededicate ourselves to support all efforts to uphold the sovereign equality of all States, respect for their territorial...

Words: 3263 - Pages: 14

Premium Essay

Human Rights

...entitlements simply for being a human. All human beings are born free and equal in dignity and rights. They are endowed with reason and conscious and should act towards one another in a spirit of brotherhood (Universal Declaration of Human Rights, 2010). They were developed in a democratic and universal manner. Throughout the world, human rights are acknowledged in various ways, such as shared norms of human moralities, justified moral norms, natural rights, or legal rights which are enforced at either a national level or within international law. However, the concept of human rights has been a heated topic of debate, as there is no consensus as to what should or should not be considered a human right. Human rights are relatively modern, only being in force for just over 50years, however the foundation of this concept is seen in the history of philosophy and concepts of natural law, rights and liberties in classical Greece and the development of Roman Law. Human rights concepts have existed for a lot of human history; however these liberties that are known can hardly be considered human rights as such. The idea existed historically, for instance Aristotle wrote on the rights of citizens to property and participation in public events. However a universal conception of human rights was non existent with the Greeks and Romans, as slavery was prevalent in their society and considered a natural thing. A lot of modern human...

Words: 2183 - Pages: 9

Premium Essay

America and the Global Legal System

...complicated and vague network of international, state, and non-government bodies. Each organization influences each other, but it is evident that the United States holds a singular importance in the system. Ever since the country entered the global stage, a far change from its beginnings as a nation with expressed neutrality, it has continuously played a growing part. The United States is able to play a part in the global legal system through its large influence in foreign affairs. Considered the current hegemon, it has been able to for simplicity sake dictate through its many outlets its preference of a legal system. They have been successful in this agenda with the assistance of the powerful Department of Justice, their numerous government agencies, as well as with the influence of American economic and humanitarian programs, among others. This paper will try to explain the United States’ power and influence of the global legal system, through practices such as transgovernmentalism and positive comity as well as by such bodies as the United States Supreme Court, the Department of Justice, the State Department, and the U.S. Agency for International Development. Also investigated is the United States’ role with international bodies such as the International Criminal Court, an organization that America disagrees with and has refused to join. Some questions however remain; through its global programs and supremacy, has the United States been affected by foreign...

Words: 3543 - Pages: 15

Premium Essay

Application of International Law

...Traditionally, international law consisted of rules and principles governing the relations and dealings of nations with each other, though recently, the scope of international law has been redefined to include relations between states and individuals, and relations between international organizations. Public international law, concerns itself only with questions of rights between several nations or nations and the citizens or subjects of other nations. In contrast, Private international law deals with controversies between private persons, natural or juridical, arising out of situations having significant relationship to more than one nation. In recent years the line between public and private international law have became increasingly uncertain. Issues of private international law may also implicate issues of public international law, and many matters of private international law have substantial significance for the international community of nations. Contract law is defined as an agreement made between two or more parties who promise to perform or to not perform specified acts, which agreement creates for each party a legal duty and the right to seek a remedy for breach of that duty. It falls under the category of civil law (concerning relations between individuals or companies), although the state courts may intervene to settle dispute between conflicting parties (International Trade). “One key element of international contract law includes the provision that the parties'...

Words: 995 - Pages: 4

Premium Essay

Collective Security System

...instigation of President Wilson, a first try to set up a collective security system with the creation of the League of Nations, which would, eventually, not last long. After the Second World War, all “free” States affirmed their will “to save succeeding generations from the scourge of war, which twice in our lifetime has brought untold sorrow to mankind, and to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small, and to establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained, and to promote social progress and better standards of life in larger freedom »1 thus establishing a new collective security system (CSS) which purpose was “To maintain international peace and security, and to that end: 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”2. The State signatories to this Charter, establishing a new CSS through the creation of the United Nations, have the duty to “to...

Words: 3058 - Pages: 13

Premium Essay

Human Rights

...common greetings and introductions by role-playing. • Students communicate and exchange personal information. • Students claim their rights through speaking up about them. Rights Literacy Objectives • Students discuss the idea of each human being entitled to “rights.” • Students begin to incorporate simple rights language into their conversations. Language Objectives • Students review vocabulary on greetings and role-play a basic conversation in pairs practicing common expressions. • Students practice speaking “human rights language.” Materials Needed • Paper, writing board • Pencils, pens • Student lesson handout • Copies of the Universal Declaration on Human Rights (recommended) Content Objectives • Students review common greetings and introductions by role-playing. • Students communicate and exchange personal information. • Students claim their rights through speaking up about them. Rights Literacy Objectives • Students discuss the idea of each human being’s entitlement to “rights.” • Students begin to incorporate simple rights language into their conversations. Language Objectives • Students review vocabulary on greetings and role-play a basic conversation in pairs practicing common expressions. Intermediate Level Basic Human Rights Toolkit ESOL These lessons contain some basic information about U.S. law. This information is not legal advice and is not a replacement for legal advice from a trained attorney. All information is current as of the date it was produced. 1 ...

Words: 1912 - Pages: 8

Premium Essay

Importance Of International Law

...important to see its role in the society. While understanding thematic approach to international law, one should not completely link such a discipline using a commercial approach. This commercial approach is used in contemporary international law. While understanding international law, there is a need to understand the term “world order”. According to Richard Falk, “world order is a system that consists of a behavior for security and changes identified by states, the structure of authority, conflicts, violence and international mediation” This current order is based on the behavior of states and its people. Since behavior is concerned here, there is also what kind of life and styles are followed by the people resulting in a global evolution....

Words: 1103 - Pages: 5

Free Essay

A Rising China

...since it is the largest market in the world in terms of GDP and produces 30% of the products in the world. The effects of the Chinese military can be felt in the U.S since it has had to withdraw its navy from the pacific and now has smaller global reach. Three out of ten products picked up at Wal-Mart have the all too familiar “Made in China” printed on the back. This future is of course, fictional and too many may seem farfetched and impossible. However, this future is not all that unrealistic and with the current development of China, it may soon be a reality. China is headed towards a future where China is a global superpower economically, militarily and politically. How should American foreign policy address a rising China? Should we be accommodating and welcome a rising China or should we prevent China from ever reaching superpower status? Given the development of China, the way rising powers interact with world powers historically as well as theoretically and current as well as hisotoric Sino-American realations, we should develop a dessisive foreign policy that addresses the potential threat China posses to American Interests. The Chinese Economic Miracle China is everywhere these days. The words “Made in China” are universally recognized. China sews more shoes and stitches more clothes than any other country in the world. It is also...

Words: 2830 - Pages: 12

Premium Essay

Europen Union

...European Union:- A group of European countries that participates in the world economy as one economic unit and operates under one official currency, the euro. The EU's goal is to create a barrier-free trade zone and to enhance economic wealth by creating more efficiency within its marketplace. The current formalized incarnation of the European Union was created in 1993 with 12 initial members. Since then, many additional countries have since joined. The EU has become one of the largest producers in the world, in terms of GDP, and the euro has maintained a competitive value against the U.S. dollar. EU and non-EU members must agree to many legal requirements in order to trade with the EU member states. The European Union is a group of countries whose governments work together. It's a bit like a club. To join you have to agree to follow the rules and in return you get certain benefits. Each country has to pay money to be a member. They mostly do this through taxes. The EU uses the money to change the way people live and do business in Europe. Countries join because they think that they will benefit from the changes the EU makes EU is a unique economic and political partnership between 27 European countries that together cover much of the continent. The EU was created in the aftermath of the Second World War. The first steps were to foster economic cooperation: the idea being that countries who trade with one another become economically interdependent and so more likely to...

Words: 7150 - Pages: 29

Premium Essay

Resolution of Stuff

...FORUM: General Assembly 6 (Legal) QUESTION OF: Strengthening the role of mediation in the peaceful settlement of disputes, conflict prevention and resolution MAIN SUBMITTER: Botswana _____________________________________________________________ The General Assembly, Acknowledging the aims and principles discussed and abided by in the Charter of the United Nations, Reaffirming its dedication to protect and honour the sovereignty of all States equally, its understanding of territorial integrity and political freedom of all States equally and the responsibility of all Member States to act internationally in conformity with the principles and aims of the Charter of the United Nations, Taking into account the importance of gender balance within every activity of the UN, whether it be decision-making or idea-generation, Understanding that violence due to arms, terrorism and civil disunion continues to hamper the serenity and social stability of numerous regions all around the world, Noting with appreciation the successes of certain previous mediation attempts as well as the peace and stability they have brought about, Taking note of the 2009 report by the Secretary-General of the United Nations promoting, propagating and supporting any and all mediation efforts made by UN and/or any other state or non-state actor, provided that the aim of the mediation was solely the peaceful settlements of disputes, conflict prevention and resolution, Reiterating Article...

Words: 1518 - Pages: 7

Premium Essay

Intl Law

...Figure 1. Data source: UNTC International law has existed as long as nation states have existed. Long ago, matters of international law do not exist in written forms but instead were understood as a matter of honour. Nation states that honoured the agreed terms will subscribe to them by practices, which resulted to customs. For example, it is considered a horrible offense to attack while under the flag of parley or the white flag (ICRC website). Subsequently, nation states developed treaties and that became the earliest examples of written international law. As nation states interact through the passage of time, the number of customary practices and treaties grow exponentially and it is not peculiar when States interact more, there bound to be disputes. Disputes can arise from differing opinions of what ought to be customary practice or through different interpretation of treaties, especially so for general treaties (Henderson, 2010). Hence, nation states created International Court (History | International Court of Justice) to facilitate or arbitrate disputes. Besides handling disputes, the International Court also handles disagreements between nation states and international organisations or corporations. Judicial decisions thus play an important role in stating the rules of international law, in particular the judgements and advisory opinions derived from the ICJ, which will affect international law. In this highly globalised world, states and lawmakers require up to date...

Words: 1435 - Pages: 6

Free Essay

R2P: Doomed from the Start?

...R2P: Doomed from the Start? According to law that dates back to 1648, nations have the right to govern within their borders in whatever manner determined fitting. Some states, although granted this right that is inherent to the foundation of the international system, fail to protect their citizens from harm. Too often in recent history have governments neglected to protect their people during conflicts or crises, and with a world with increasing visibility and communication, states have responded with a basic plan to prevent mass crimes such as Bosnia and Rwanda. Thus, Responsibility to Protect (R2P) was developed as a caveat for the international community to intervene when a government fails to protect its own citizens from mass atrocities. Genocide, war crimes, crimes against humanity, and ethnic cleansing are the four conditions under which the international community is authorized to intervene, should a state fail to protect its citizens (Rudolph 2014). In the past 20 years, R2P has been under construction and constantly under evolution from theory to practice. While parameter definition and norm building continue to cycle from lessons learned, the three foundational pillars upon which the R2P model dangles from remains the same: “Pillar 1: Every state has the responsibility to protect its populations from the four mass atrocity crimes Pillar 2: The wider international community has the responsibility to encourage and assist individual states in meeting that responsibility ...

Words: 4554 - Pages: 19

Premium Essay

Futility of International Environmental Governance

...Futility of International Environmental Governance The increased frequency of irregular climatic events, among which are violent hurricanes, whirling tornados and record-breaking temperatures has resulted in an amplified concern in the changing climate. “Certainly, this is no coincidence; extreme circumstances often serve to galvanize public attention.” These rising trends of environmental awareness have superseded individual societies. Resultantly, there have been countless efforts of working towards pragmatic solutions to environmental concerns by means of global governance as an international collective. “The distinct characteristics of global governance lies in the assumption that the effective handling of problems is no longer the exclusive responsibility of government but of joint activities by governments, international and supranational institutions.” This understanding of global interconnectedness has incited the creation of numerous organizations, institutions and international environmental initiatives, specifically the Kyoto Protocol. However, environmental impediments have not seen notable improvements and can be attributed to the flaws of global environmental governance. Firstly, contributing to the failure of environmental policies is the ineffective structure of the Kyoto Protocol. Furthermore, with the rise of globalization, neoliberal ideals have prioritized market successes at the detriment of the environment and international environmental initiatives....

Words: 2378 - Pages: 10

Premium Essay

Rrganisation Capablilties of Uno

...An Introduction to the UN System: Orientation for Serving on a UN Field Mission (Intro to the UN 070329) A Course Produced by The United Nations Institute for Training and Research, Programme of Correspondence Instruction (Revised 2003) Course Author Lt.Col. (Retd.) Christian Hårleman Senior Special Fellow, UNITAR Series Editor Harvey J. Langholtz Copyright 2003, UNITAR POCI UNITAR Training Programme of Correspondence Instruction in Peacekeeping Operations Dag Hammarskjöld Centre Box 20475 New York, NY 10017 Programme UNITAR de Formation Par Correspondance Aux Opérations de Maintien de la Paix Palais des Nations 1211 Geneve 10 Suisse An Introduction to the UN System: Orientation for Serving on a UN Field Mission (Intro to the UN 070329) A Course Produced by The United Nations Institute for Training and Research, Programme of Correspondence Instruction (Revised 2003) Course Author Lt.Col. (Retd.) Christian Hårleman Senior Special Fellow, UNITAR Series Editor Harvey J. Langholtz Copyright 2003, UNITAR POCI Address all correspondence to: UNITAR Training Programme of Correspondence Instruction in Peacekeeping Operations Dag Hammarskjöld Centre Box 20475 New York, NY 10017-0009 USA An Introduction to the UN System: Orientation for Serving on a UN Field Mission TABLE OF CONTENTS Table of Contents................................................................................. i Foreword.....................................................

Words: 62089 - Pages: 249

Premium Essay

Business Environment: The International Business And Trade Environment

...The international business and trade environment is the backbone of global economy. Trade agreements to buying and selling goods and services internationally give manufacturers in various countries the opportunity to expand beyond the domestic market. Trading across national borders increases sales, creates jobs, balances seasonal fluctuations and provides a variety of products and services. As the global economy continues to strengthen, international trade continues to be in demand. 4.2 OBJECTIVES Increases Sales For some businesses, the drop in the value of the dollar increases business internationally. To capture the international market, businesses have launched Internet marketing campaigns and websites targeted at consumers in specific...

Words: 9682 - Pages: 39