Basic Explanation – The United Nations (UN

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Description
 In an attempt to understand the complex nature of interstate relations from a commonly agreed perspective is to operate under an commonly agreed sets of international laws as that of the United Nations or another international organisation.
 This presentation, adds its thought to the understanding of the United Nations which is abbreviated as UN with learning outcomes as indicated on subsequent pages.
Learning outcomes
Readers will:
 Recall the reason behind the formation of the UN as a follow on the League of Nations;

 Gain a brief historical account of the formation of the UN;

 Acknowledge and honour the role of the founding leaders of the UN;

 Assess the retrospective events that led to the thoughts behind the formation of the UN and interstate relational events in the 21st century, for the relevance of the UN;

 Appreciate the main arms of the UN;

 Understand the roles of each of the main arms of the UN and its effect on internal politics and international peace, safety,

 governance and economic growth;

 Understand the legal bases that UN thrives upon for ensuring its global role;

 Consider the role of the Security Council as the deciding body of the UN and the proposed changes;

 Critique the compliance and enforcement role of the UN;

 Appreciate the cases used to explain the concepts of the international organisation being UN and its power role globally;

 Gain insight into the weaknesses of the UN and pressure from pro-change or break proponents.


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Presentation Transcript Presentation Transcript

Basic Explanation – The United Nations (UN) as an International Organisation : Basic Explanation – The United Nations (UN) as an International Organisation Dr. H.. Kwame Afaglo ©2015

The United Nations (UN) : In an attempt to understand the complex nature of interstate relations from a commonly agreed perspective is to operate under a commonly agreed sets of international laws as that of the United Nations or another international organisation. This presentation, adds its thought to the understanding of the United Nations which is abbreviated as UN with learning outcomes as indicated on subsequent pages. The United Nations (UN)

Learning outcomes : Readers will: Recall the reason behind the formation of the UN as a follow on the League of Nations; Gain a brief historical account of the formation of the UN; Acknowledge and honour the role of the founding leaders of the UN; Learning outcomes

Learning Outcomes : Assess the retrospective events that led to the thoughts behind the formation of the UN and interstate relational events in the 21 st century, for the relevance of the UN ; Appreciate the main arms of the UN ; Understand the roles of each of the main arms of the UN and its effect on internal politics and international peace, safety, Learning Outcomes

Learning Outcomes : governance and economic growth ; Understand the legal bases that UN thrives upon for ensuring its global role ; Consider the role of the Security Council as the deciding body of the UN and the proposed changes; Learning Outcomes

Learning Outcomes : Critique the compliance and enforcement role of the UN ; Appreciate the cases used to explain the concepts of the international organisation being UN and its power role globally; Gain insight into the weaknesses of the UN and pressure from pro-change or break proponents. Learning Outcomes

Reasons Behind the Origin of United Nations : Inter-territorial conflicts that has led to needless lost of human lives have been with humans maybe longer than written history. Written history has captured various state empire expansionism politically driven wars against other territories, as the Alexander the Great, Roman empire, the Ottoman empire among others. Reasons Behind the Origin of United Nations

Reasons Behind the Origin of United Nations : All the earlier mentioned chronological inter-territorial orchestrated battles seems not to be on the decline despite the increase in population and development as the years go by. These inter-territorial battles led to unacceptable, unfortunate and avoidable massive lost of human lives attributable to politico-economic motives . Reasons Behind the Origin of United Nations

League of Nations and the Origin of The United Nations : The needless and avoidable lost of human lives attributable to battles led to the creation of the League of Nations with the sole remit of ensuring world peace or avoid inter-territorial battles. The League of Nations (LN) was formed in 1920 under the Paris Peace Conference that ended the First World War (WW I). League of Nations and the Origin of The United Nations

League of Nations and the Origin of The United Nations : Notably, states aggression between France and German led to World War I (WW I), and to a large extent World War II (WW II) with another eastern aggression from Japan . The LN played a significant role in talking nation-states to avoid inter-state wars, especially nation-states coming from an era of empire building and conquest League of Nations and the Origin of The United Nations

League of Nations and the Origin of The United Nations : loving into the initial framework of respect for human life as labour that will drive the economic growth of nation-states in the industrial-service revolution era . The LN had to deal with nation-states in such a sharp global policy contrasting change in terms replacing peace, League of Nations and the Origin of The United Nations

League of Nations and the Origin of The United Nations : respect for human life and economic growth to annexation of territories, destruction of materials and lost of lives. Hence made the LN faced a difficult task in ensuring its sole remit. Since the inception of the LN, it did face the challenging times of WW I and outbreak of WW II. League of Nations and the Origin of The United Nations

League of Nations and the Origin of The United Nations : Dramatic global developmental changes in the 19 th century as industrialisation and the upholding of human rights with specific reference to the abolishing of slave trade, did bring into focus pro-life and respect for human life concepts. League of Nations and the Origin of The United Nations

League of Nations and the Origin of The United Nations : The global wind of pro-life concept towards the end of the 19 th century and gained momentum at the beginning of the 20 th century, in the face of WWI did see the relevance of the international organisation as LN. League of Nations and the Origin of The United Nations

League of Nations and the Origin of The United Nations : However, the mounting economic, territorial partitioning challenges of post-WW I (1914 – 1919) and the late reconstruction of European nations in 1938 led to the then looming war cry again within relatively a short time of 1940, may have over-rimmed the capacity of the LN. League of Nations and the Origin of The United Nations

League of Nations and the Origin of The United Nations : Much as inter-state negotiations mediated by the LN was effective to an extent, when push comes to shove a militarised advanced states (MAS ) enforcement role becomes necessary. This in the view of the author, the LN unfortunately lacked in terms of the orientation of the demised empires as, German empire, Ottoman empire, Russian empire and the Austro-Hungarian empire when most needed . League of Nations and the Origin of The United Nations

League of Nations and the Origin of The United Nations : Some outstanding events during post-WW I did contribute to the LN incapacitation to enforce its core remit and these are: Economic cost of reconstruction; Withdrawal of two MAS as Germany and Japan from the LN in 1930; Suspension of an advanced militarised state (MAS ) as the Union of Soviet Socialist Republic (USSR) in 1939; League of Nations and the Origin of The United Nations

League of Nations and the Origin of The United Nations : Cum the disinterest of the United States of America (US) in the LN following its isolationist policy. These reasons did account for the LN inability to: Maintain peace and security; Protect human life; And ensure the enforcement of abuses against human rights. League of Nations and the Origin of The United Nations

League of Nations and the Origin of The United Nations : With the US involvement in the WW II, it did dissolve their isolationist policy and offered the world the highly desired MAS enforcement role in ending the war through both negotiations and use of military might. By 1942, the US had created the international organisation per ‘Declaration by United Nations’ with about twenty-six (26) member states, that replaced the LN. League of Nations and the Origin of The United Nations

League of Nations and the Origin of The United Nations : But all these while it was war time, hence the formation of the UN can only be effective in peace time making it fulfil its core mandate. The Allied Forces led by the US and their role in the Rome treaty in 1943 known as the Versailles treaty cum its military force did significantly facilitate the ending of WW II in 1945 . League of Nations and the Origin of The United Nations

League of Nations and the Origin of The United Nations : Having successfully coiled the WW II and restored peace, order-security, and respect for fundamental human rights by the US and its allies, it became more than obvious at the time that LN had minimal authority as it could not live up to its sole remit. Hereafter, the new world power to restore peace and rule of law that was to be looked up to was US. League of Nations and the Origin of The United Nations

US and the Formation of United Nations : With US having to enforce the sole remit of the LN when it was not practically involved in the LN , it meant the US had to initiate a new international organisation . This explains the why since 1945 till date (2015) the US is seen and described as the ‘world police’. US and the Formation of United Nations

US and the Formation of United Nations : Prior to the end of WW II the US president in the person of Franklin Roosevelt initiated the concept of the new international organisation that was named United Nations (UN) and got his team to draft the charter. Besides hosting the Head office of the UN in New York (US), the antecedents US and the Formation of United Nations

US and the Formation of United Nations : discussed explains the reason behind the important role of the US within the UN structure and obvious in its charter that is to some extent akin to the US constitution. President Roosevelt got the United Kingdom (UK) then prime minster being US and the Formation of United Nations

US and the Formation of United Nations : Winston Churchill to buy into the UN concept, then came other members of the allies during wartime as France, then China and Union of Soviet Socialist Republics (USSR). Despite the strength of the US, UK and Kremlin (USSR) did get the US to tone down the human rights aspect of the UN charter as they (UK and USSR) consider that as more of a domestic (country specific) issue. US and the Formation of United Nations

US and the Formation of Security Council arm of United Nations : US led by Roosevelt ensured that the there was no compromise with the decision making arm of the UN being the Security Council (SC) and be made of MAS , with the thought of having the military and financial ability to maintain world peace, rule of law and economic growth . So the permanent members of SC from inception till date (2015) are: US and the Formation of Security Council arm of United Nations

US and the Formation of Security Council arm of United Nations : US; UK ; France; China; Russia (formerly USSR and with the dissolution in 1991, Russia has continued the role of USSR). US and the Formation of Security Council arm of United Nations

US and the Formation of Security Council arm of United Nations : There will be more detailed discussion about the SC at a later stage but for now, in 1945 when WW II had come to an end, the UN was formally ushered in to replace LN. The all important UN charter was flown in an aeroplane tied to a parachute while the personnel carrying it was without a parachute to San Francisco for its unveiling and signing. US and the Formation of Security Council arm of United Nations

United Nations - Personality : Unlike other international organisations the UN is not been registered in any organisation registration centre, however it has a personality that is inferred from the ratification of its member states from 1945 till date with members of one hundred and ninety three (193) countries. The signing of the UN charter in 1945 by member countries did give it the formal personality as a living entity to sue and be sued. United Nations - Personality

United Nations - Personality : The preamble of the UN charter does confirm the personality as: ‘ WE THE PEOPLES OF THE UNITED NATIONS DETERMINED to save succeeding ……’ (UN, 1945) And the ‘We the people’ are countries that accepted and signed the UN charter to acknowledge its role as a living entity, with rules to be obeyed. United Nations - Personality

United Nations - Personality : The simplistic English meaning of a charter is ‘approval’, hence the UN charter by name is itself an approval by member and non-member countries making it have a persona. According to Wallace, R. an authority in international law as: ‘The possession of international personality means an entity is a subject of international law…… States are the principal persons of international law is essentially the manifestation of relations between states’ . (2013) United Nations - Personality

United Nations - Personality : A careful thought of Wallace and Ortega’s definition confirms that the UN has a personality as it is comprised of states that have established the bases of relating among themselves, as well as having rules that subjects members to oblige with. United Nations - Personality

United Nations - Personality : This further affirms the reason UN is not registered as an international organisation with an centre but widely accepted and living with by almost every country or state in the world as of 2015 . The Head office of the UN is located in New York in the US as earlier mentioned. United Nations - Personality

United Nations – Personality : In another part of the UN preamble that confirms its personality is ‘ HAVE RESOLVED TO COMBINE OUR EFFORTS TO ACCOMPLISH THESE AIMS Accordingly , our respective Governments, through representatives assembled in the city of San Francisco, who have exhibited their full powers found to be in good and due form, have agreed to the present Charter of the United Nations and do hereby establish an international organisation to be known as the United Nations.’ (UN. 1945) United Nations – Personality

United Nations – Reason d'état : The UN charter goes on to give the reason for its formation based on the experience preceding and at the time as: ‘> 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 , United Nations – Reason d'état

United Nations – Aim : > 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 United Nations – Aim

United Nations – Aim : Wallace and Ortega might have derived their legal definition of states personality from the preamble of the UN charter along the bases of international laws as: >’ 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 ,’ (UN 1945) United Nations – Aim

United Nations – Aim : Then, one of the tenets of democracy as freedom was well entrenched as: ‘to promote social progress and better standards of life in larger freedom ,’ (UN, 1945) United Nations – Aim

UN - Membership : In order for the aims of the UN to be meaningful it requires as certain kind of members who will uphold it at all times, and as long as the international organisation lives. Impliedly, the UN is a living entity and it must be functional and it must have members (leaders and followers) to ensure its survival. UN - Membership

UN - Membership : Thus the emphasis on membership is of paramount concern . Inferring from previous slides, the original concept of the UN is to ensure peace for all nations and its people, orderly ways of inter-state and intra-state grievance re-dress through the respect of the rule of UN - Membership

UN - Membership : law , economic growth and the general promotion of individual liberties under the guidance of the state theory (theories of inter-state relation). Please do note, the terminologies used in the immediate and this and next specific slides are both academic and practitioners topics worth reading about in depth to make improve meaning of the UN UN - Membership

UN Membership : membership obligations. These terminologies are: Ensuring Peace for all Nations; Orderly ways of Inter-state and Intra-state Grievance Re-dress; Rule of Law; Economic Growth ; UN Membership

UN Membership : Promotion of Individual Liberties; Under the Guidance of State Theory (Theories of Inter-state Relation). By way of information, some authoritative authors in this subjects include: Ian Hurd in his book entitled International Organisations, Politics, Law and Practice; UN Membership

UN Membership – Further Reading : Sven B. Gareis and Johannes Varwick in their book The United Nations, An Introduction ; Rebecca M. M. Wallace and Olga Martin-Ortega also their entitled International Law . UN Membership – Further Reading

UN - Membership : Membership of the UN was categorised from its inception as the strong decision making leadership team and the rest listening followership prototype, as this was necessary at the pre-WW II era, during the war, and immediate post-WW II era. The UN organisational structure was simply modelled along the autocratic leadership style needed in emergency situations. UN - Membership

UN - Membership : A careful observation of the UN charter Articles 3 and 4 confirms the openness to membership, then Article 5 & 6 in conjunction with the UN operational style of the main organs points to the autocratic organisational structure as mentioned. Articles 3 and 4 of the UN charter spells out the distinction between original members and later day members as follows. UN - Membership

UN - Membership : ‘Article 3 - The original Members of the United Nations shall be the states which, having participated in the United Nations Conference on International Organisation at San Francisco, or having previously signed the Declaration by United Nations of 1 January 1942, sign the present Charter and ratify it in accordance with Article 110 .’ UN - Membership

UN - Membership : ‘Article 4 - 1. Membership in the United Nations is open to all other peace-loving states which accept the obligations contained in the present Charter and, in the judgement of the Organisation, are able and willing to carry out these obligations .’ UN - Membership

UN – Autocratic Structure : ‘2 . The admission of any such state to membership in the United Nations will be effected by a decision of the General Assembly upon the recommendation of the Security Council .’ Citing from the above UN Article 4: 2, for a nation-state to be admitted as a UN member, it must only be through the Security Council and no other way, this confers the beginning of the autocratic operational structure of the UN. UN – Autocratic Structure

UN – Autocratic Structure : ‘Article 5 - A Member of the United Nations against which preventive or enforcement action has been taken by the Security Council may be suspended from the exercise of the rights and privileges of membership by the General Assembly upon the recommendation of the Security Council. The exercise of these rights and privileges may be restored by the Security Council .’ UN – Autocratic Structure

UN – Autocratic Structure : If Article 5 and 6 of the UN charter are not an over-centralisation of power in the Security Council which is said to be one of the main arms of the UN, then heads will begin to shake and curiosity becomes the minds next activity. ‘Article 6 - A Member of the United Nations which has persistently violated the Principles contained in the present Charter may be expelled from the Organisation by the General Assembly upon the recommendation of the Security Council .’ UN – Autocratic Structure

UN – Autocratic Structure : Simply put an entry or exit permit of the UN membership is determined solely by the Security Council. Apparently, the Security Council is made of a small number of permanent states who are also the world’s militarised advanced states (MAS) and the sole decision making arm of the UN. UN – Autocratic Structure

UN – Autocratic Structure : Invariably, in terms of membership of the UN, the Security Council is the leadership team and the rest of the member states are the followers . Consequently, the UN is modelled as an autocratic organisation. UN – Autocratic Structure

Main Arms - United Nations : The six (6) main arms of the UN have not changed since its formative years till date (2015) and they are: Security Council (SC) ; The Secretariat; General Assemble; International Court of Justice; Economic and Social Council; Trusteeship Council. Main Arms - United Nations

Main Arms – United Nations : Main Arms – United Nations

Communication - UN : Communication Diagram – UN Fig 2. Communication - UN

UN Membership : The diagram of figure 1 depicts the centralisation of the Security Council, and the autocratic organisational structure is symbolized by the communication diagram as figure 2. Subsequent explanations of the role of the main arms of the UN, their obligations, compliance and enforcement with cases will further assist in the understanding of the UN. UN Membership

Security Council - UN : As the power base of the UN, the Security Council is made of a five (5) permanent member and ten (10) non-permanent states. Thus, making the total number of membership of the Security Council fifteen (15) states. The non-permanent members of the Security Council firstly must be a member of the UN and thereafter may serve a two-year term. Security Council - UN

Security Council - UN : United States of America; United Kingdom; China; Union of Soviet Socialist Republic (now Russia); France. Security Council - UN

Security Council - UN : Interestingly, the UN has empowered the Security Council as the effector arm of the UN when it comes to ensuring international peace and security. Further, the meaning of ‘International peace’ and ‘security’ can only be interpreted by the Security Council. This epitomises the almost impeccable power base of the five permanent members of the Security Council. Security Council - UN

Security Council - UN : Questions are, did this structure work during immediate post-war (WW II) time? will it continue to work during peace time? What of the foreseeable future, where they is the affinity of militarised less advanced states (MLAS) to strengthen their military bases and scientifically Security Council - UN

Security Council - UN : increase their arms and ammunition arsenals, cum the possible deliberate provocation and escalation of war against other states ? What of the distance future, that we the people of 2015 have no control over when it comes to the desire of forcible promotion of a particular ideology that may not be acceptable to a significant majority? Security Council - UN

Security Council - UN : Article 24. 1 of the UN charter as : ‘Article 24. 1 . In order to ensure prompt and effective action by the United Nations, its Members confer on the Security Council primary responsibility for the maintenance of international peace and security, and agree that in carrying out its duties under this responsibility the Security Council acts on their behalf .’ Security Council - UN

Security Council - Advantage : Primarily, the SC is and has been the sole authority in interpreting and determining when an act is termed insecurity or war. Pragmatically, as the permanent members of SC are the notably wealthiest nations in the world, they are those financially capable of funding an army to enforcing peace and security internationally irresp - Security Council - Advantage

Security Council - Advantage : pective of territorial status (both UN member and non-UN member nation-states). The maintenance of peace and fear from threat was and is highly necessary to be maintained then, now and into the future for growth and human dignity. Security Council - Advantage

Security Council - Advantage : This is the core mandate of the UN and deserves to be collectively upheld both in words and in deeds. The SC has led and enforced global peace and security in the world since WW II till date 2015 successfully. UN under the leadership of the SC has carried out about fifty (50) peace keeping missions globally from 1948 till 2004 and ongoing. Security Council - Advantage

Security Council - Advantages : Post-WW II UN peacekeeping missions under the leadership of the SC has saved lives and property and returned and installed human rights to an un-estimated millions of people in and around the Blue Helmet operational nation-states. The role of the SC and the founding fathers must be praised immensely for living up to their main task. Security Council - Advantages

Security Council - Advantages : Some examples of Blue Helmet operations include: UNSCOB in the Balkans of 1947 – 1951; UNTSO in Palestine since June 1948; UNOMIL observer mission in Liberia from 1993 – 1997; UNMIBH in Bosnia-Herzegovina from 1995 – 2002; etc . Security Council - Advantages

Present Weakness and Future Thoughts of the Security Council : However in the face of high levels of growth in wealth among the fast developing nations as the BRICS (Brazil, Russia, India, China and South Africa ), at which point will the permanent membership of the SC be opened for more inclusion or withdrawal of the veto power system of the UN-SC ? Present Weakness and Future Thoughts of the Security Council

Present Weakness and Future Thoughts of the Security Council : Apparently, Brazil, India, South Africa are the BRICS nations who are not permanent members of the SC, yet their historical wealth levels is growing faster than most of the permanent members of the SC . This adds a voice to the reformation of the SC or its folding up in the near future. Present Weakness and Future Thoughts of the Security Council

Weakness of Power Structure - UN : One of the major weakness in peace time is the percentage composition of the permanent members of five (5), as these MAS number as compared to the rest of the UN membership is not even in line with parito principles, but this is the name of the game of peace and security. Weakness of Power Structure - UN

Proposed Reform – Security Council : For how long can the international game of peace and security be hanging on its original power discrepancy ratio for achieving its core objective ? Interestingly, the UN General Assemble has earlier proposed the reforms to the SC permanent membership at its sixty-eighth meeting . (UN, 2013) Proposed Reform – Security Council

Proposed Reform – Security Council : The proposed reform of the permanent members (P5) of the SC to include Brazil, India and South Africa from the BRICS, also Japan and Germany. Then an Arab nation is worth considering from regional perspective. An expected P9-11 reform to the existing permanent members P5 of SC and schematically represented as over leaf (fig. 3). Proposed Reform – Security Council

Proposed Reform – Security Council : Proposed Reform P9 - 11 to the Security Council P5 PROPOSED REFORMED PERMANENT MEMBERS OF SECURITY COUNCIL FROM P5 TO P11 Fig. 3 Proposed Reform – Security Council US UK Russia China France Brazil India Japan South Africa Germany Arab nation

Proposed Reform – Security Council : Besides the BRICS consideration, regional consideration of new permanent members of the SC is worth noting to include at least an Arab nation. This reform will mean a change in the UN charter which is neither cast in concrete nor metal for future relevance of the SC and continuous survival of the UN. Proposed Reform – Security Council

Proposed Reform – Security Council : The wild cat reform is the complete obliteration of the SC concept to ensure the democratic nature of the UN by centring power in the General Assemble . In other words, power is equally owned by the General Assemble members based on majority vote and not minority veto, without the existence of the SC. Proposed Reform – Security Council

Proposed Reform – Security Council : Just as the defunct Trusteeship Council so can the SC be dissolved and the amendment formally ratified, properly worded and inserted in the UN charter accordingly. That day will see a new UN with an anticipated re-energised membership with equality and democratic in nature and form. Proposed Reform – Security Council

Basic Explanation – The United Nations (UN) as an International Organisation : End of Part 1 Upon reading this presentation, if you deem it necessary to continue look out for subsequent part 2 and 3. As knowledge is not a prerogative of one individual, you may send you comments per email to the author: kwameafaglo@live.co.uk kwameafaglo@gmail.com Basic Explanation – The United Nations (UN) as an International Organisation

Reference : Gareis , S. B. and Varwick , J. (2005) The United Nations, An Introduction Germany, Leske & Budrich Hurd, I. (2014) International Organisations, Politics, Law and Practice US, Cambridge University Press Wallace, R. and Martin-Ortega, O. (2013) International Law England, Sweet & Mawell Reference

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