MODULE 1

3 The United Nations and

Contemporary Global
Governance FOR INSTRUCTIONAL PURPOSES ONLY

Learning
Outcomes: Overview
At the end of the An international organization refers to public or intergovernmental
lesson, you will be organizations, in contrast to private or non-governmental organizations
able to: (NGOs) such as Amnesty International or the Red Cross. While they can
appear in a variety of forms, international organizations typically are:
• Interpret
international  Institutions established by a treaty – sometimes denominated as a
organization “charter” which serves as the constitution of the organization;
functions and
(search TREATY for more comprehension)
personality;
• Demonstrate the  Composed of members that are State or International Organizations;
UNITED NATIONS regulated by International Law; and
as a government
and its existence;  Endowed with a legal personality, and thus generally can engage in
• Appreciate the contracts, and can sue and be sued in national courts subjects to
rich history of certain immunity.
UNITED
NATIONS.

The International duties and powers. They are organized

Organization mainly as a means for conducting general

U
international business in which the member
nder the states have an interest. There are
contemporary specialized agencies under the international
international organizations having functions in particular
law, international fields, such as posts, telecommunications,
organizations are railways, canals, rivers, sea transports, civil
endowed with some aviation, meteorology, atomic energy,
degree of international finance, trade, education, health, refugees
legal personality such and culture.
that they capable of
Overviewexercising specific rights,
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 An international organization with organizations: the European Economic
“SUPRANATIONAL POWERS” is Community (EEC) and the European
generally regarded as one has the power to Atomic Energy Community (EURATOM).
bind its member States by its decisions. As Together, this three (3) institutions became
such they have more governmental known as the “EUROPEAN
authority and law making power in relation COMMUNITIES”, the treaties establishing
to their member States than to traditional the European Communities have been
international organizations. One key revised several times through the Single
indicator of supranationality is the European Act (1985), the Treaty of the
authority of the organizations to make its European Union or “Maastricht Treaty”
law directly applicable and enforceable (1992), the Treaty of Amsterdam (1997),
within the territory of the member States and then Treaty of Nice (2001).
without further execution by the national
Certain provisions of the
governments unlike a treaty whereby a
Community treaties and various legislative
State need an enactment from its law
measures of the community are directly
making body to give effect of the
applicable law within the member States,
agreement entered by the State as
superseding national law in case of
SIGNATORY thereto.
conflict, there laws prevail, to that extent,
A particular form of supranational the law of the Community has a status of a
organization distinguishable from law.
traditional international organizations by a
number of factors, including: 1) the
decisions of these organizations are THE LEAGUE OF NATIONS
generally binding upon the member
governments; 2) the organizations has the
power to enforce its decisions; and 3)
PREVIEW:
unilateral withdrawal is usually not
possible. The key difference between
supranational organizations is that State
transfer a larger degree of sovereignty to
them than to international organizations.
T he League of Nations was an
international organizations created
after the First World War. It was
established after the Paris Peace
Conference of 1919 which was organized
An example of a supranational
by the victors of the WWI to negotiate
organization is the European Union, it
peace treaties between the Allied and
began to develop with the adoption in 1951
Associated Powers and the defeated
of the Treaty establishing the European
Central Powers. The covenant establishing
Coal and Steel Community (ECSC)
the League was part of the Treaty of
followed by the adoption in 1957 of
Versailles. The League of Nations formally
treaties establishing its two (2) sister
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came into existence on January 10, 1920 so conclusive and effective action
with Headquarters in Geneva, Switzerland. was difficult, if not imposable.
Its organizations included the council, the
The League was officially dissolved
Assembly and the Secretariat. Autonomous
itself at a meeting of its Assembly in 1946.
but closely connected to the League of
Its services, mandates, and property were
Nations were the Permanent Court of
transferred to the United Nations. “THE
International Justice (ICJ) and International
LEAGUE IS DEAD, long live the United
Labor Organization (ILO).
Nations!” this was the famous comment of
In the outbreak of the 2nd World War Lord Robert Cecil, one of the Architects of
was the immediate cause of the League’s the League of Nations on the dissolutions
demise, other factors are: of the League.

a. While it was supported by US THE UNITED NATIONS

President Woodrow Wilson, the US
Senate did not ratify the
VeraillesTreaty mainly objecting to
Article 16 that says in part:

“Should any member of the League

resort to war in disregard of its covenants,
it shall ipso facto be deemed to have
committed as act of war against all other
members of the League xxxx. It shall be
the duty of the Council in such case to
recommend to the several governments Guide Question:
concerned what effective Military, Naval,  WHAT IS THE UNITED
or Air Force the members of the League NATIONS ORGANIZATIONS?
shall severally contribute to the armed  WHAT IS THE PRINCIPLE OF
forces to be used to protect the covenants CHARTER SUPREMACY?
of the League.  DOES THE UNITED
b. The League was generally weak NATIONS HAVE JURIDICAL
because even the military sanctions PERSONALITY?
that may be taken pursuant to the  WHAT ARE THE PURPOSE
second sentence of the Article 16 OF THE UNITED NATIONS?
were not considered to be legally
binding obligations.
c. Difficulty of the council in enacting
resolutions because of the required
unanimous vote of all its members,
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 he United Nations is a public roughly comparable to that of a national
organizations of States that was constitution in national law.
established by the intergovernmental
An amendment to the Charter shall
cooperation after the end of the 2nd
come into force when they have been
World War. Established on October
adopted by a vote of two third of the
24, 1945 by 51 countries as an
members of the General Assembly and
outcome of the initiatives taken by
ratified in accordance with their respective
the UNITED STATES, USSR,
constitutional processes by two third of the
GREAT BRITAIN and CHINA, it
members of the United Nations, including
has, according to its Charter, four
all the permanent members of the Security
purposes: 1) To maintain
Council.
international peace and security; 2)
to develop friendly The United Nations
relations among shall possess juridical
nations, 3) to personality, it shall have the
cooperate in solving
The United Nations
capacity to enter into a)
international problem shall enjoy in the contract; b) to acquire and
and in promoting territory of each of its dispose of its property; and
respect for Human members such legal c) to institute legal
Rights; 4) to be a capacity as may be proceedings. The United
center for necessary for the Nations shall enjoy in the
harmonizing the territory of each of its
exercise of its
actions of nations. members such legal
functions and the
capacity as may be
In the event of fulfillment of its necessary for the exercise
conflict between the purposes. of its functions and the
obligations of the members
fulfillment of its purposes.
of the United Nations under
the Charter and their Under Art. 2 of the
obligations under any other international United Nations Charter provides that the
agreement, their obligations under the organizations and its members, in pursuit
Charter shall prevail (UN Charter, Art. of its purposes shall act in accordance with
103). This is known as the PRINCIPLE OF the following principles:
INTERNATIONAL CONSTITUTIONAL
1. Principle of the sovereign equality of
SUPREMACY, which places the United
all its members;
Nations Charter at the apex in the
2. Fulfillment of the obligations
hierarchy of international law norms,
assumed by them in good faith in
giving it a status on the international plane
accordance with the Charter;

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 3. Settlement of international disputes a) ORIGINAL MEMBERS – the State
by peaceful means in such a manner which, having participated in the
that international peace and security United Nations Conference on
and justice, are not endangered; International Organization at San
4. To refrain in their international Francisco, USA, or having pre-
relations from the threat or use of signed the Declaration by the United
force against the territorial integrity Nations of January 1, 1942, signed
or political independence of any and duly ratified the Charter. There
state, or in any other manner were fifty-one (51) members,
inconsistent with the purposes of the including the Philippines.
organization; b) NON-ORIGINAL MEMBERS - the
5. To give United Nations every States which were admitted to
assistance in any actions it takes in membership by a decision of two-
accordance with the Charter, and to third vote in the General Assembly
refrain from giving assistance to any upon the recommendation of a
State against which the United qualified majority in the Security
Nations is taking preventive or Council. (Art. 3 of the UN Charter)
enforcement actions;
The qualifications for membership in the
6. The Organization shall ensure that
United Nations is open to peace loving
States which are not Members of the
State which accept the obligations
United Nations acts in accordance
contained in the Charter and in the
with these Principles so far as may
judgment of the Organization and are able
be necessary for the maintenance of
and willing to carry out these obligations.
international peace and security; and
(UN Charter, Art. 4)
7. Non-intervention in matters which
are essentially within the domestic The admission of State to
jurisdiction of any State. membership in the United Nations by two
third majority of the members voting and
Domestic jurisdiction clause (Art.
present during the General Assembly upon
2(7) of the United Nations Charter
the recommendation of a qualified majority
prohibits the United Nations from
in the Security Council.
intervening in matters which are essentially
within the domestic jurisdiction of any A member State against which
State. EX: MARAWI siege wherein it is a preventive or enforcement action has been
domestic problem. taken by the Security Council may be
suspended from the exercise of the rights
CLASSES OF MEMBERS OF THE
and privileges of membership by two third
UNITED NATIONS:
majority present and voting in the General
Members may be classified as: Assembly upon the recommendation of a

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qualified majority in the Security Council, recognizes that “EXCEPTIONAL
it must be noted, however, that the member CIRCUMSTANCES” might make a
will not actually be suspended from its member feel constrained to withdraw. An
membership, but only from the exercise of example from the legal stand point is the
the rights and privileges of membership. right to withdraw in the event of the
The exercise and rights and privileges may adoption of amendment to the Charter in
be restored by the Security Council. which the particular State has not
concurred and which it finds itself unable
A member State who has
to accept, or in the event but an
persistently violated the principles
amendment duly adopted fails to secure the
contained in the Charter maybe expelled
ratification necessary to bring the
from the Organization by two third
amendment into effect. A member of the
majority of the members present and
Security Council, including the permanent
voting in the General Assembly
members may abstain from voting if it is a
upon the recommendation of a
party to the dispute.
qualified majority in the
Security Council. THE PRINCIPAL ORGANS OF THE
UNITED NATIONS:
Unlike the covenant of the League
 The General Assembly
of Nations, the UN Charter has no
 The Security Council
provisions on withdrawal of membership,
 The Economic and Social Council
at the San Francisco conference, it was
(ECOSOC)
agreed that no express provision should
 The Trusteeship Council
made in the Charter either to permit or to
 The International Court of Justice;
prohibit withdrawal from the organization,
and
and a formal statement was made to that
 The Secretariat
effect by the committee. The statement

Unlike the covenant of the

League of Nations, the UN
Charter has no provisions on
withdrawal of membership…

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