United Nations SIMSR | PGDM-B | 2011-13 Abhishek Rajan (#103) Kshitij Registrar (#121) Prashant Rathor (#137)
United Nations
SIMSR | PGDM-B | 2011-13
Abhishek Rajan (#103)
Kshitij Registrar (#121)
Prashant Rathor (#137)
Genesis
Organization and Objectives
Organs and Agencies of the UN
Significant Conventions and Agreements
Agenda
Significant Conventions and Agreements
Established to replace the flawed League of
Nations
Franklin D. Roosevelt first coined the term
'United Nations'
Genesis
'United Nations'
Officially came into existence on 24 October
1945
Due to its unique international character, and the powers vested in its founding Charter, the Organization can take action on a wide range of issues, and provide a forum for its 193 Member States to express their views, through the 5 main organs ,other bodies and committees
The UN's most visible public figure is the Secretary-General, currently Ban-Ki-Moon of South Korea, who attained the post in
Organization
The UN's most visible public figure is the Secretary-General, currently Ban-Ki-Moon of South Korea, who attained the post in 2007
Headquarters : New York City, with further main offices at Geneva, Nairobi, and Vienna
The organization is financed from assessed and voluntary contributions from its member states, and has six official languages
Arabic, Chinese, English, French, Russian, and Spanish
Stated Objectives
Peacekeeping and security
Social and economic development
Human rights and humanitarian assistance
International LawInternational Law
Organs of the UN
One major problem of the League of Nations was the
lack of division of responsibility, no way to coordinate
military or economic actions between countries
UN was created with 5 major ‘organs’ to avoid these
issuesissues
The Security Council
The General Assembly
The Secretariat
The Economic and Social Council
The International Court of Justice
**The United Nations Trusteeship Council (is currently inactive)
General Assembly
Function:
to oversee the budget of the United Nations,
appoint the non-permanent members to the Security Council
receive reports from other parts of the United Nations
make recommendations in the form of General Assembly Resolutions
Composition: Made up of every country in the United Nations
Head: President of the United Nations General AssemblyHead: President of the United Nations General Assembly
Working:
Its composition, functions, powers, voting, and procedures are set out in
Chapter IV of the United Nations Charter
Every country gets one vote
On important questions, a two-thirds majority of those present and voting is
required.
Cannot make binding decisions- all agreements are only recommendations
The recommendations of the General Assembly are seen as the moral authority
in international disputes
General Assembly
The General Assembly meets under its president or Secretary-
General in regular yearly sessions the main part of which lasts
from September to December and resumed part from January
until all issues are addressed (which often is just before the next
session's start).
It can also reconvene for special and emergency special It can also reconvene for special and emergency special
sessions.
During the 1980s, the Assembly became a forum for the North-
South dialogue – the discussion of issues between industrialized
nations and developing countries. These issues came to the fore
because of the phenomenal growth and changing makeup of the
UN membership.
Security Council
Function:
Responsible for maintaining international peace and security
Composition:
5 permanent (US, Britain, France, Russia, China)
10 non-permanent
Head: Rotates between membersHead: Rotates between members
Working:
Makes binding decisions about international disputes
Recommend mediations, send peacekeeping missions, impose economic sanctions and arms embargos
Decisions must be passed by 9/15 members and all of the 5 permanent members
A negative vote, or veto, also known as the rule of "great power unanimity", by a permanent member prevents adoption of a proposal
The Economic and Social Council
Function: It is responsible for coordinating the economic, social and related work of 14 UN specialized agencies, their functional commissions and five regional commissions
Established: 1945
Head: President of ECOSOC (six month term)
Composition:
ECOSOC has 54 members ECOSOC has 54 members
• Working:
it holds a four-week session each year in July
Since 1998, it has also held a meeting each April with finance ministers heading key committees of the World Bank and the International Monetary Fund (IMF).
Also works with non-governmental bodies, making it a key connection between the UN and civil society
Oversees set up of organizations to address economic and social issues internationally
The Secretariat
Function:
It provides studies, information, and facilities needed by United Nations bodies for their meetings.
It also carries out tasks as directed by the UN Security Council, the UN General Assembly, the UN Economic and Social Council, and other U.N. bodies
Composition:Composition:
The United Nations Secretariat is headed by the Secretary-General, assisted by a staff of international civil servants worldwide.
Working:
Each UN member country is enjoined to respect the international character of the Secretariat and not seek to influence its staff.
The Secretary-General alone is responsible for staff selection.
The International Court of Justice
Functions:
Its main functions are to settle legal disputes submitted to it by states and to provide advisory opinions on legal questions submitted to it by duly authorized international organs, agencies, and the UN General Assembly.
Location: The International Court of Justice (ICJ), located in The Location: The International Court of Justice (ICJ), located in The Hague, Netherlands
Composition: The ICJ is composed of fifteen judges elected to nine year terms by the UN General Assembly and the UN Security Council from a list of persons nominated by the national groups in the Permanent Court of Arbitration.
No. of Judges: 15 elected judges
Jurisdiction: Worldwide, 192 State Parties
Working:
Its purpose is to adjudicate disputes among states.
Cases related to war crimes, illegal state interference and ethnic cleansing
The International Court of Justice
ethnic cleansing
Participation by states is optional, but if a state chooses to go, the decisions made by the court are binding
Also provides advisory opinions to other organs upon request
Agencies of United Nations
There are approximately 60 agencies of United Nations. Of them there are seven specialized agencies :-
Food and Agriculture Organization (FAO)
International Labour Organization (ILO)
International Monetary Fund (IMF)International Monetary Fund (IMF)
United Nations Educational, Scientific and Cultural Organization (UNESCO)
United Nations Children’s Fund (UNICEF)
World Bank (WB)
World Health Organization (WHO)
UNCITRAL
The United Nations Commission on International Trade Law (UNCITRAL),
established by the United Nations General Assembly by its resolution 2205
(XXI) of 17 December 1966
It is the core legal body of the United Nations system in the field of
international trade law.
In order to increase commercial trade opportunities worldwide, UNCITRAL is
formulating modern, fair, and harmonized rules on commercial transactionsformulating modern, fair, and harmonized rules on commercial transactions
Its responsibilities include preparing and promoting the use and adoption of
legislative and non-legislative instruments in a number of key areas of
commercial law.
Those areas include dispute resolution, international contract practices,
transport, insolvency, electronic commerce, international payments, secured
transactions, procurement and sale of goods
UNCITRAL-Responsibilities
These instruments are negotiated through an international process
involving a variety of participants, including member States of
UNCITRAL, non-member states, intergovernmental organizations, and
non-governmental organizations.
Responsibilities:
Conventions, model laws and rules which are acceptable worldwideConventions, model laws and rules which are acceptable worldwide
Legal and legislative guides and recommendations of great practical
value
Updated information on case law and enactments of uniform
commercial law
Technical assistance in law reform projects
Regional and national seminars on uniform commercial law
UNCITRAL-Members
Members are selected from among States Members of the
United Nations. UNCITRAL’s original membership comprised
29 States and was expanded by the General Assembly of the
United Nations in 1973 to 36 States and again in 2002to 60
States.
The 60 member States include 14 African States, 14 Asian The 60 member States include 14 African States, 14 Asian
States, 8 Eastern European States, 10 Latin American and
Caribbean States and 14 Western European and other States.
India, China, Russia, United States, United Kingdom, Japan ,
Singapore are some of its members.
UNCITRAL-Methods of work
UNCITRAL’s work is organized and conducted at three levels.
The first level is UNCITRAL itself, often referred to as the
Commission, which holds an annual plenary session.
The second level is the intergovernmental working groups,
which to a large extent undertake the development of the
topics on UNCITRAL’s work programme.topics on UNCITRAL’s work programme.
The third is the secretariat, which assists the Commission and
its working groups in the preparation and conduct of their
work.
UNCITRAL-Methods of work
Working Groups
The six working groups and their current topics are as
follows:
Working Group I - Procurement
Working Group II - Arbitration and Conciliation
Working Group III - Online Dispute Resolution
Working Group IV - Electronic Commerce
Working Group V - Insolvency Law
Working Group VI - Security Interests
UNCITRAL
Sale of Goods United Nations Convention on Contracts for the International Sale
of Goods (Vienna, 1980)
UNCITRAL Legal Guide on International Countertrade Transactions
(1992)
Transport of goods United Nations Convention on the Carriage of Goods by Sea
(Hamburg, 1978)
Dispute Resolution UNCITRAL Arbitration Rules (1976)
UNCITRAL Model Law on International Commercial Arbitration
(1985)
UNCITRAL Notes on Organizing Arbitral Proceedings (1996)
Electronic Commerce UNCITRAL Model Law on Electronic Commerce (1996)
UNCITRAL Model Law on Electronic Signatures (2001)
UNCTAD
Established in 1964, UNCTAD (United Conference on Trade
and Development) promotes the development-friendly
integration of developing countries into the world economy.
193 countries are member of UNCTAD.
India, China, Brazil, United States, United Kingdom, Japan, India, China, Brazil, United States, United Kingdom, Japan,
Germany, Russia, South Africa are some of its important
members.
The Secretary-General of UNCTAD is Dr. Supachai
Panitchpakdi (Thailand), who took office on 1 September
2005.
Its headquarter is at Geneva.
UNCTAD-Key Functions
It functions as a forum for intergovernmental
deliberations, supported by discussions with experts and
exchanges of experience, aimed at consensus building.
It undertakes research, policy analysis and data
collection for the debates of government representatives collection for the debates of government representatives
and experts.
It provides technical assistance tailored to the specific
requirements of developing countries, with special
attention to the needs of the least developed countries
and of economies in transition.
UNCTAD-Main Activities
Trade and commodities
Investment and enterprise development
Macro economic policies, debt environment and
financing
Initiative in Technology and AssistanceInitiative in Technology and Assistance
Providing support to LDC (Least Developed Countries)
UNCTAD-Secretariat
The secretariat undertakes research, policy analysis
and data collection to provide substantive inputs
for the discussions of the experts and government
representatives in these intergovernmental bodies.
It also provides a series of technical assistance It also provides a series of technical assistance
programmes and projects in support of developing
countries, paying particular attention to the special
handicaps of the least developed countries.
UNCTAD-Relationship with other
Organization
World Trade Organization: In April 2003, the organizations signed a
Memorandum of Understanding providing for cooperation and
consultations on their technical assistance activities and for the
conduct of joint studies on selected issues.
International Trade Centre: Both UNCTAD and WTO are represented in
the Joint Advisory Group supervising ITC’s work, and UNCTAD has a the Joint Advisory Group supervising ITC’s work, and UNCTAD has a
number of joint technical assistance activities with ITC.
UN Regional Commissions and UNDP UNCTAD cooperates with these
international entities on a project-by-project basis, be it in relation to
research projects, joint workshops and seminars, or technical
assistance
UNDP
The United Nations Development Programme (UNDP) is
the United Nations' global development network. It
advocates for change and connects countries to knowledge,
experience and resources to help people build a better life.
UNDP operates in 177 countries, working with nations on
their own solutions to global and national development their own solutions to global and national development
challenges. As they develop local capacity, they draw on the
people of UNDP and its wide range of partners.
Its headquarter s is at New York.
UNDP-Key Functions
Democratic Governance
Poverty Reduction
Crisis Prevention and Recovery
Sustainable growthSustainable growth
Fight against HIV/AIDS
Human Development Report-Human Development Index(HDI)
UN Convention on the Law of the Sea
Signed December 10, 1982
Location Montego Bay, Jamaica
Rights and
responsibilities of nations
in their use of the worlds Location Montego Bay, Jamaica
Effective November 16, 1994
Condition 60 ratifications
Parties 162
DepositarySecretary-general of the
United Nations
LanguagesArabic, Chinese, English,
French, Russian and Spanish
in their use of the worlds
oceans
Guidelines for business
and environment
Management of marine
natural resources
History
17th century – ‘Freedom of the seas' concept
‘Cannon Shot' rule - Cornelius van Bynkershoek,
Dutch jurist
20th century – Nations desired to extend
national claimnational claim
include mineral resources
to protect fish stocks
provide the means to enforce pollution controls
United Nations Conference on
the Law of the Seas “UNCLOS”
UNCLOS I
First Conference on the Law of the Sea – Geneva,
Switzerland, 1958
UNCLOS II
Second Conference on the Law of the Sea – Geneva,
Switzerland, 1960
UNCLOS II
Third Conference on the Law of the Sea – New York,
USA, 1973
UNCLOS III
Significant issues covered were:
Setting limits
Navigation
Archipelagic status and transit regimes
Exclusive economic zones (EEZs)
Continental shelf jurisdiction
Deep seabed mining
The exploitation regime
Protection of the marine environment
Scientific research
Settlement of disputes
UNCLOS III
UNCLOS III
United Nations Convention against
Corruption
Drafted 31 October 2003
Signed 9 December 2003
Location Mérida, Mexico
Effective 14 December 2005
First legally binding
international anti-
corruption instrument
8 Chapters and 71 ArticlesEffective 14 December 2005
Condition 30 ratifications
Signatories 140
Parties 158
DepositarySecretary-general of the
United Nations
LanguagesArabic, Chinese, English,
French, Russian and Spanish
Measures and Provisions
Prevention
Criminalization and law enforcement measures
International cooperation
Asset recoveryAsset recovery
Technical assistance and information exchange
Establish an inter-governmental organization
concerning specific commodities
Promote non-discriminatory trade, enhance
international cooperation, improve commodity
economy, encourage increased demand
UN Commodity Agreements
economy, encourage increased demand
Consensus on quantities traded, prices, and stock
management
UN Commodity Agreements
Members Signed Effective
International Coffee Agreement 2007 77 28-Sep-07 02-Feb-11International Coffee Agreement 2007 77 28-Sep-07 02-Feb-11
International Cocoa Agreement 2010 33 25-Jun-10 01-Oct-12
International Sugar Agreement 1992 62 20-Mar-92 20-Jan-93