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- Preliminary Material
- Preface
- Contents
- Table of Cases
- Table of International Instruments
- Table of Domestic Legislation
- Table of UN Documents
- Commission on Human Rights
- Commission on the Status of Women
- Committee against Torture
- Committee on Economic, Social and Cultural Rights
- Committee on the Elimination of Discrimination Against Women (CEDAW)
- Committee on the Elimination of Racial Discrimination (CERD)
- Committee on Enforced Disappearance
- Committee on Migrant Workers
- Committee on the Rights of Persons with Disabilities
- Economic and Social Commission for Asia and the Pacific
- ECOSOC
- General Assembly
- Human Rights Committee
- Human Rights Council
- International Court of Justice
- Security Council
- Staff Rules
- Trusteeship Council
- UN Compensation Commission
- UN Conference on Trade and Development (UNCTAD)
- List of Abbreviations
- Main Text
- Part 1 Introduction
- Part 2 The United Nations: What it is
- 2 The General Assembly
- Preliminary Material
- 1 Introduction
- 2 Membership and procedure
- 3 Meetings
- 4 Subordinate organs
- 5 Voting
- 6 Role of the President
- 7 Functions
- 8 Limitations on the functioning of the General Assembly
- 3 The Security Council
- Preliminary Material
- 1 Introduction
- 2 Membership
- 3 Procedure
- 4 Meetings
- 5 Participation
- 6 Voting
- 7 Presidency
- 8 Functions
- 4 The Trusteeship Council
- 5 The Economic and Social Council
- Preliminary Material
- 1 Introduction
- 2 Membership, procedure, and voting
- 3 Functions
- 4 Meetings and programme of work
- 5 Participation in meetings
- 6 ECOSOC’s relationships with the other principal organs
- 7 Areas of competence
- 8 Reform
- 6 Subsidiary Organs
- Preliminary Material
- 1 Introduction
- 2 Powers to establish subsidiary organs
- 3 Legal status of subsidiary organs
- 4 Powers of subsidiary organs
- 5 Nature of the functioning of subsidiary organs
- 6 Joint subsidiary bodies
- 7 Subsidiary organ functioning in a dual capacity
- 8 Entities similar in nature to subsidiary organs
- 9 Subsidiary organs of the General Assembly
- 9.1 Generally
- 9.2 Main Committees
- 9.2.1 Generally
- 9.2.2 Bureau
- 9.2.3 Voting
- 9.2.4 Relationship with General Assembly plenary
- 9.2.5 Composition
- 9.2.6 Subject areas
- 9.2.6.1 Disarmament and International Security Committee (‘First Committee’)
- 9.2.6.2 Economic and Financial Committee (‘Second Committee’)
- 9.2.6.3 Social, Humanitarian, and Cultural Committee (‘Third Committee’)
- 9.2.6.4 Special Political and Decolonization Committee (‘Fourth Committee’)
- 9.2.6.5 Administrative and Budgetary Committee (‘Fifth Committee’)
- 9.2.6.6 Legal Committee (‘Sixth Committee’)
- 9.3 Procedural Committees and Standing Committees
- 9.4 Other entities
- 9.5 Functions of the subsidiary organs of the General Assembly
- 9.6 Subsidiary organs of the General Assembly no longer in existence
- 10 Subsidiary organs of the Security Council
- 10.1 Generally
- 10.2 Classification
- 6.91
- 10.2.1 Military Staff Committee
- 10.2.2 Standing Committees
- 10.2.3 Ad Hoc and General Committees
- 10.2.4 Commissions and Investigative Bodies
- 10.2.5 Working Groups
- 10.2.6 Sanctions Committees
- 10.2.7 Peacekeeping Operations
- 10.2.8 Political, peace-building, and other missions
- 10.2.9 Groups and Panels
- 10.2.10 International Criminal Tribunals
- 10.2.11 Missions of the Security Council and the Secretary-General
- 10.2.12 Representatives, Mediators, Coordinators, and Good Offices
- 11 Subsidiary organs of ECOSOC
- 12 Subsidiary organs of the Secretary-General
- 7 United Nations Specialized Agencies
- Preliminary Material
- 1 Introduction
- 2 Definition
- 3 Development
- 4 Other agencies or organizations
- 5 Membership
- 6 Legal personality
- 7 Relationship agreements
- 8 Relationship with principal organs
- 9 Overview of mandates
- 10 Bodies established by specialized agencies
- 8 Membership
- Preliminary Material
- 1 Introduction
- 2 Admission to membership
- 3 Loss of membership and membership rights
- 4 Readmission to membership
- 5 State succession and membership: problems of extinction and continuity
- 6 Representation of members/credentials
- 7 Observers
- 9 Powers
- 10 Voting
- Preliminary Material
- 1 Introduction
- 2 General Assembly
- 3 Security Council
- 3.1 Framework
- 3.2 ‘Procedural’ and ‘all other’ matters
- 3.3 Proceedings of the Security Council regarding voting upon the question whether the matter was procedural
- 3.4 Veto
- 3.5 Abstention, non-participation, and absence
- 3.6 Statements before or after the vote
- 3.7 Announcement of vote results
- 3.8 Adoption of resolutions and decisions by consensus or without a vote
- 3.9 Elections
- 4 Economic and Social Council
- 11 The Legal Personality of the United Nations
- Preliminary Material
- 1 Meaning of legal personality and basis for its possession by the United Nations
- 2 Consequences of legal personality
- 3 Domestic law
- 11.21
- 3.1 Position in international law—member states and parties to the Privileges and Immunities Convention
- 3.2 Position in international law—states and non-state territorial entities not parties to the Charter and/or 1946 Convention
- 3.3 Position in domestic law
- 3.4 Consequences of possession of legal personality in domestic law
- 4 Scope of legal personality
- 4.1 General presumption
- 4.2 Distinction between subsidiary organs and other bodies, specialized agencies, joint bodies, and treaty bodies
- 4.3 Subsidiary organs
- 4.4 ‘Independent’ organs, including funds and programmes
- 4.5 Specialized agencies
- 4.6 Joint bodies
- 4.7 Separate bodies including UN ‘treaty bodies’
- 4.8 Opposability to non-members
- 5 Independent competence of subsidiary organs to rely on the UN’s legal personality in international law and such personality granted in municipal law
- 12 The United Nations and International Law
- Preliminary Material
- 1 Introduction
- 2 The development of international law by the UN
- 3 The interpretation of international law by the UN
- 4 The application of international law to the UN in particular treaties
- 5 The obligation of the UN to comply with international law
- 6 The effect of the UN Charter on international law: Article 103
- 13 Responsibility of the United Nations
- Preliminary Material
- 1 Introduction
- 2 Attribution of conduct
- 3 Allocating responsibility between the UN and member states
- 3.1 Membership does not automatically entail responsibility
- 3.2 Responsibility of a member state in connection with the conduct of the UN
- 3.3 Responsibility of the UN in connection with the act of a state or another international organization through aid and assistance in committing an internationally wrongful act
- 3.4 Responsibility of the UN in connection with the act of a state or another international organization through authorizing an internationally wrongful act or authorizing a mission that commits an internationally unlawful act
- 3.5 Responsibility of member states towards third parties for an internationally wrongful act of the UN
- 4 Unequal access to dispute settlement mechanisms
- 5 Immunity of the UN in national proceedings
- 6 Circumstances precluding wrongfulness
- 7 Consequences of a finding of responsibility
- 8 The implementation of the international responsibility of an international organization
- 9 Responsibility of the UN in peacekeeping operations
- 14 The Financing of the United Nations
- Preliminary Material
- 14.01
- 1 Regular budget
- 2 Financing of peacekeeping
- 3 International Tribunals
- 4 Voluntary contributions
- 5 Self-support
- 6 Apportionment of expenses of the organization
- 14.46
- 6.1 Notion of ‘expenses of the Organization’
- 6.2 Committee on Contributions
- 6.3 Scale of assessments
- 6.4 Apportionment of costs for peacekeeping operations among member states
- 6.5 Payment of assessed contributions in general
- 6.6 Currency
- 6.7 Arrears
- 6.8 Financial situation of the UN
- 6.9 Capital Master Plan
- 7 Administrative and budgetary coordination between the UN and specialized agencies
- 15 The United Nations Secretariat and Secretary-General
- Preliminary Material
- 1 Structure and functions of the Secretariat
- 2 The International Civil Service
- 15.12
- 2.1 Applicable rules
- 2.2 Common system
- 2.3 Secretariat’s role in the common system
- 2.4 Fifth Committee’s role in the common system
- 2.5 Chief Executives Board’s role in the common system
- 2.6 International Civil Service Commission’s role in the common system
- 2.7 Joint Inspection Unit’s role in the common system
- 2.8 Appointment and classification
- 2.9 Conditions of service
- 2.10 Duration of appointment
- 2.11 Remuneration and pensions
- 2.12 Personal conduct and disciplinary measures
- 2.13 Internal justice
- 2.14 Safety and security
- 2.15 Staff representative bodies
- 3 The Secretary-General
- 16 United Nations Privileges and Immunities
- Preliminary Material
- 1 Sources of privileges and immunities
- 2 Reasons for the conferral of privileges and immunities
- 2.1 The difference between privileges and immunities
- 2.2 Functional necessity as the basis for the conferral of UN privileges and immunities
- 2.3 Privileges and immunities as protection of the independence of the organization
- 2.4 Privileges and immunities as a means of ensuring the equality of member states and preventing the gaining of an undue financial advantage
- 2.5 Privileges and immunities as a means of facilitating the work of the organization
- 2.6 Similarities in the basis for conferral of privileges and immunities on the UN and on states and state agents
- 2.7 Differences in the basis for conferral of privileges and immunities on the UN and on states and state agents
- 3 Privileges and immunities of the organization
- 3.1 Immunity from legal process
- 3.2 Inviolability of UN premises
- 3.3 Immunity of UN property and assets from search and other forms of interference
- 3.4 Inviolability of archives and documents
- 3.5 Currency and fiscal privileges and immunities
- 3.6 Privileges and immunities with regard to communication facilities
- 4 Privileges and immunities of representatives of member states
- 4.1 Purpose of privileges and immunities with regard to representatives
- 4.2 The distinction between resident and temporary representatives
- 4.3 Content of privileges and immunities of temporary representatives
- 4.4 Temporal scope of privileges and immunities of temporary representatives
- 4.5 Rights of transit and access to meetings
- 4.6 Waiver, abuse of privileges, and departure at the request of the host state
- 4.7 Immunities with respect to the property and assets of the mission
- 4.8 The position of observers and other invitees to the UN
- 5 Privileges and immunities of officials of the organization
- 5.1 Officials entitled to privileges and immunities
- 5.2 The distinction between diplomatic privileges and immunities and functional immunity
- 5.3 Immunity from legal process
- 5.4 Exemptions from taxation and custom duties
- 5.5 Other privileges and immunities
- 5.6 Temporal scope of functional privileges and immunities accorded to officials
- 5.7 The different position of persons connected with judicial organs
- 6 Privileges and immunities of experts on mission
- 7 Abuse, waiver, and settlement of disputes regarding privileges and immunities
- 8 Privileges and immunities during peacekeeping operations
- 9 Immunities of international organizations and the jurisdiction of international criminal tribunals
- 2 The General Assembly
- Part 3 The United Nations: What it Does
- 17 Improving Social Conditions
- Preliminary Material
- 1 Introduction
- 2 Social issues in the work of the principal organs of the UN
- 3 UN Departments, Programmes, and Offices involved in social issues
- 4 Institutional coordination of UN social action
- 18 Improving Economic Wellbeing
- Preliminary Material
- 1 Introduction
- 2 The Second Committee of the General Assembly
- 3 The role of ECOSOC in economic wellbeing
- 4 The role of the UNDP in economic wellbeing
- 5 The United Nations Conference on Trade and Development
- 6 The United Nations Industrial Development Organization
- 7 Certain themes
- 8 Conclusion
- 19 Democratic Governance
- 20 Electoral Assistance
- 21 Disaster Relief
- Preliminary Material
- 1 The notion of disaster relief
- 2 The role of the UN in the elaboration of international law relating to disaster relief
- 3 The provision and coordination of disaster relief
- 3.1 Provision of disaster relief
- 3.2 Coordination of disaster relief at the global level
- 3.3 Coordination of disaster relief at the country level
- 22 Promotion and Protection of Human Rights
- Preliminary Material
- 1 Introduction
- 2 The Principal Organs
- 2.1 The Economic and Social Council
- 2.2 The General Assembly
- 2.3 The Security Council
- 2.3.1 Human rights violations and international peace and security
- 2.3.2 International humanitarian law and human rights law in situations of armed conflict
- 2.3.3 Children and armed conflict
- 2.3.4 Women, peace, and security
- 2.3.5 Protection of civilians
- 2.3.6 Responsibility to protect
- 2.3.7 Commissions of inquiry and missions of the Security Council
- 2.3.8 Counter-Terrorism Committee
- 2.3.9 Sanctions committees
- 2.4 The International Court of Justice
- 3 The Human Rights Council
- 4 Office of the United Nations High Commissioner for Human Rights
- 4.1 Establishment
- 4.2 Position within the UN system
- 4.3 Structure of the Office
- 4.4 Mandate and work
- 4.5 Funding
- 5 Human Rights Treaties and Treaty Bodies
- 5.1 Standard-setting
- 5.1.1 Introduction
- 5.1.2 Universal Declaration of Human Rights
- 5.1.3 The core international human rights treaties
- 22.128
- 5.1.3.1 The ICCPR, ICESCR, and their Optional Protocols
- 5.1.3.2 The ICERD
- 5.1.3.3 CEDAW and its Optional Protocol
- 5.1.3.4 Convention against Torture and its Optional Protocol
- 5.1.3.5 Convention on the Rights of the Child and its Optional Protocols
- 5.1.3.6 International Convention on Migrant Workers
- 5.1.3.7 Convention on the Rights of Persons with Disabilities and its Optional Protocol
- 5.1.3.8 International Convention for the Protection of All Persons from Enforced Disappearance
- 5.1.4 Other instruments
- 5.2 Human rights treaty bodies
- 5.1 Standard-setting
- 6 Human Rights Conferences
- 7 Geneva–New York Relations
- 23 Office of the United Nations High Commissioner for Refugees
- 24 Protecting the Environment
- 25 Promotion of International Law
- Preliminary Material
- 1 Introduction
- 2 The International Law Commission
- 2.1 Role
- 2.2 Codification and progressive development
- 2.3 Election of members
- 2.4 Selection of topics
- 2.5 Working methods
- 2.6 Outcomes of ILC work
- 2.7 Relationship with the General Assembly and the Sixth Committee
- 2.8 Role of the Codification Division
- 2.9 Relationship with other bodies
- 2.10 The relationship between the ILC and the ICJ
- 2.11 Relevance of the ILC
- 3 The Sixth Committee and the promotion of international law
- 4 The Secretary-General and the promotion of international law
- 5 United Nations Commission on International Trade Law
- 6 Law of the sea
- 7 Promotion of treaties
- 8 Other subsidiary bodies
- 9 Legal resources and training
- 10 Promotion of certain themes relevant to the UN’s work
- 26 Keeping the Peace
- Preliminary Material
- 1 Introduction
- 2 The role of the General Assembly
- 3 The role of the Security Council
- 3.1 Introduction
- 3.2 Sanctions
- 3.3 Force
- 27 Peacekeeping and other Peace Operations
- Preliminary Material
- 1 Introduction
- 1.1 Generally
- 1.2 Fundamental characteristics
- 1.3 Categories of peacekeeping
- 2 Legal basis for peacekeeping
- 3 Peacekeeping and consent
- 4 Peacekeeping and the use of force
- 5 Peacekeeping and impartiality
- 6 Functions of peacekeeping operations
- 7 United Nations Transitional Administrations
- 7.1 Generally
- 7.2 Fundamental characteristics
- 7.3 Overview of UNTAs
- 7.3.1 The UN Temporary Executive Authority in West New Guinea (1962–3)
- 7.3.2 United Nations Transitional Authority in Cambodia (1992–3)
- 7.3.3 United Nations Transitional Authority in Eastern Slavonia, Baranja, and Western Sirmium (1996–8)
- 7.3.4 United Nations Interim Administration Mission in Kosovo (1999–present)
- 7.3.5 UN Transitional Administration in East Timor (1999–2002)
- 7.4 Legal framework
- 7.5 Functions
- 7.6 Evaluation
- 28 Peaceful Settlement of Disputes
- Preliminary Material
- 1 Principle of peaceful settlement of disputes
- 2 Procedures envisaged in the UN Charter
- 2.1 Member states’ role in the peaceful settlement of disputes
- 2.2 Security Council’s role in the peaceful settlement of disputes
- 2.2.1 Charter framework
- 2.2.2 Referral of disputes and situations to the Security Council
- 2.2.3 Investigation of disputes and fact-finding missions
- 2.2.4 Decisions of the Security Council concerning the peaceful settlement of disputes and situations
- 2.2.5 Mission for referendum and territorial administration
- 2.2.6 Periodic reporting
- 2.2.7 Limitations and challenges
- 2.3 General Assembly’s role in the peaceful settlement of disputes
- 2.4 Secretariat’s role in the peaceful settlement of disputes
- 2.5 International Court of Justice’s role in the peaceful settlement of disputes
- 3 Means of settlement
- 17 Improving Social Conditions
- Part 4 Adjudication Within the United Nations System
- 29 The International Court of Justice
- Preliminary Material
- 1 The ICJ as a principal organ of the United Nations
- 2 The Bench
- 3 The Court’s functions
- 3.1 Introduction
- 3.2 Judges ad hoc
- 29.20
- 3.2.1 The concept of a judge ad hoc
- 3.2.2 The impartiality of a judge ad hoc
- 3.2.3 Implications of judges ad hoc on the Bench
- 3.2.4 Procedure for choosing a judge ad hoc under Article 3(1) of the Statute
- 3.2.5 Moment from which the duties and rights of the judge ad hoc flow
- 3.2.6 Scope of the duty and entitlement to participate
- 3.2.7 Advisory Opinions and judges ad hoc
- 3.2.8 Provisional measures and judges ad hoc
- 3.2.9 Judges ad hoc in other proceedings
- 3.2.9.1 Pre-judicatory hearings
- 3.2.9.2 Request for interpretation
- 3.2.9.3 Incapacity or recusal of sitting judge
- 3.2.9.4 If a person already chosen as a judge ad hoc becomes unable to sit
- 3.2.9.5 Uncertain status of entities invited to participate in Advisory Opinion proceedings
- 3.2.9.6 ‘In the same interest’
- 3.3 Notification of proceedings
- 3.4 Advisory Opinions
- 29.103
- 3.4.1 Requesting an Advisory Opinion
- 3.4.2 Procedure for Advisory Opinions
- 3.4.3 Appearance by a non-state
- 3.4.4 Non-governmental organizations and Advisory Opinions
- 3.5 Registry and the Registrar
- 3.6 Relations with other principal organs
- 4 The ICJ is distinct from other principal organs
- 5 ICJ financing and the UN
- 6 The ICJ and other international courts and tribunals
- 7 Methods of work of the ICJ
- 7.1 Introduction
- 7.2 Agents
- 7.3 The Court’s internal judicial practice
- 7.4 Recusal and other incompatibilities
- 7.5 Evidence
- 8 ICJ efficiency
- 30 United Nations Compensation Commission
- 31 Criminal Tribunals Established by, or in Relationship with, the UN
- Preliminary Material
- 1 The International Criminal Tribunal for the Former Yugoslavia
- 2 The International Criminal Tribunal for Rwanda
- 3 The International Criminal Court
- 3.1 Establishment
- 3.2 Location
- 3.3 Relationship of the ICC with the United Nations
- 3.4 Composition of the ICC
- 3.5 Assembly of States Parties
- 3.6 Jurisdiction and admissibility
- 3.7 Financial and administrative arrangements
- 3.8 Powers/enforcement
- 3.9 Review Conference
- 4 The Special Court for Sierra Leone
- 5 The Extraordinary Chambers in the Courts of Cambodia
- 6 The Special Tribunal for Lebanon
- 7 Kosovo Regulation 64 Panels
- 8 The East Timor Special Panels for Serious Crimes
- 9 Bosnia and Herzegovina War Crimes Chamber
- 29 The International Court of Justice
- Further Material
- [3.238.202.76]
- 3.238.202.76
