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United nations diplomacy & dispute settlement.


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  • 1. .United Nations Diplomacy & Dispute Settlement PPAD 570Presented to Ambassador.Sameh Aboul-Enein By: Mostafa Safwat Omar Ezzat
  • 2. The UN Principal Organs.
  • 3. UN Structure.
  • 4. Objectives and Values. Objectives of the UN:1. The maintenance of international peace and security2. The promotion of Human rights, fundamental freedoms as well as international political, economic, social and cultural issues.3. Cooperation between states both multilateral and bilateral relations.4. The epicenter of cooperation for domestic and global issues. The primary values of the UN:1. Facilitation of International Cooperation2. Promotion of dialogue between member states3. Adoption of peaceful means in dispute settlement.4. Non-intervention within states domestic affairs, unless there is a violation of Chapter VII, in order to maintain global peace and security.
  • 5. The General Assembly The Key forum for multi-lateral diplomacy. All states have equal voting power. Discussions include budgetary concerns and issues. A key contributor to the development of international law, resolutions and multilateral treaties and a basis for the creation of customary law. Use of the “Uniting for Peace Resolution”, used when Security council reaches a stalemate due to veto. Revises the UN Charter alongside the Security Council.
  • 6. ECOSOC Economic and Social Council Objectives: Mainly concerned with economic and social issues 54 members as of 1973 Is in charge of managing around 75% of the United Nations Resources. The key coordinative body of UN functions and according to article 57 the ECOSOC is responsible for coordinating agreements with autonomous specialized agencies under it’s provisions. Works in the field of development, provides technical assistance alongside UNDP and other specialized agencies. Functions: Gathering information, advising and making recommendations to member states, provides policy coherence and coordinates UN functions. Promotes Economic and Social Cooperation.
  • 7. ICJ International Court of Justice The judicial organ of the UN. 15 judges are elected for nine year terms by the General Assembly and the Security Council. In charge of dispute settlement between member states in accordance with International law, and the only entities that can present cases are States. Provides advisory opinions, when referred to by the GA or SC. ICJ has legal jurisdiction in all legal disputes only when the states involved accept compulsory jurisdiction. Enforcement is based on voluntary compliance of the states involved, however if a state does not comply usually the state is usually subject to the “power of shame” which is considered negative if the state does not apply to the ruling.
  • 8. The Trusteeship Council Responsible for overseeing the administration of the non-self governing trust territories. Supervises activities such as annual reports and visits to the concerned territories.
  • 9. UN Secretariat Professional and clerical staff prepare UN organs work and carry out their decisions in accordance with the UN charter. Staff have neutral and objective stances on issues in regards to member states and refrain from promoting national interests. Recruited based upon competence and on a wide geographical basis.
  • 10. Secretary-General Secretary-General: Chief Administrative Officer Responsible for the annual report, which the GA bases it’s actions upon. Responsible for global mediation in international politics and reflects the structure of power within the international system. Appointed for a renewable five year term based upon the security council’s recommendation and two thirds election by the GA.
  • 11. The Security Council. Responsible for the maintenance of international peace and security. Five permanent members and 10 non permanent members which are elected for two years and are based upon regional and geographic groupings. Chapters VI and VII are the key working documents in dispute settlement and are devised into the following: Chapter VI: Peaceful settlement of disputes. Chapter VII: Action is taken against threats to international peace and security, which is due to the violation of peace and acts of aggression, therefore giving the UN members to take sanctions and use of military force.
  • 12. Settlement of Disputes. The UN is the sole authority responsible for the authorization of the use of force and to dictate the use of sanctions. Article 2 of the charter states the following: -Obliges member states to settle disputes by peaceful means. -Obliges them “to refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state”.
  • 13. Chapter VI: Peaceful Settlement of Disputes Article 33 of the UN charter promotes negotiation, preventive diplomacy, enquiry, mediation, conciliation, arbitration, judicial settlement. Preventive Diplomacy: negotiation aimed at dispute prevention. Enquiry: Settlement facilitation by parties alone or with the help of a third party and the objective of this method is to identify problems at a root level. Mediation: Negotiation by third party, which aids the parties to find a solution to the dispute at hand. Conciliation: reconciles parties in addition to settling the dispute.
  • 14. Chapter VI: Peaceful Settlement of Disputes Arbitration: legal character; settlement of disputes in international law.1. States must give their consent to submit a dispute to arbitration.2. Arbitration tribunals are composed by one to nine arbitrators, parties selecting an equal number of arbiters and agreeing on method to select the last one. Judicial Settlement; ;legal character; basis of settlement in international law.1. ICJ and other international courts.2. States must give their prior consent in order to resolve disputes. (acceptance of the court’s jurisdiction)3. States can withdraw their acceptance of the ICJ jurisdiction.4. Within the European Court of justice, jurisdiction is mandatory to join.
  • 15. Enforcement and Sanctions. Multilateral mandated sanctions are envisaged within article 41 of charter. - Examples of it’s use: South Africa and Southern Rhodesia (Zimbabwe) prior to the collapse of apartheid, Iraq after it’s invasion of Kuwait and up until the US invasion in 2003.
  • 16. Chapter VII: Restoration of International Peace and Security Chapter VII1. the determination of any threat to the peace, breach of the peace or act of aggression and to take all necessary means military and non military action to restore international peace and security.2. Therefore giving authority to take strict measures against that commit the aforementioned actions, thereby committing all UN members to take enforcement measures such as sanctions and military force against the state which is the aggressor.3. Grants or withholds collective legitimization for international war. For example: Iraq 1990 (UN approved) Iraq 1999 and 2003 (Vetoed)
  • 17. Reforms. Issues within the UN:1. Size and composition of membership:2. There should be better geographic and geostrategic representation.3. Granting veto power to non permanent members or the abolition of the veto power all together.4. Integration of Non-State actors.