United Nations SIMSR | PGDM-B | 2011-13 Abhishek Rajan (#103) Kshitij Registrar (#121) Prashant Rathor (#137)
Agenda Genesis Organization and Objectives Organs and Agencies of the UN Significant Conventions and Agreements
Genesis Established to replace the flawed League of Nations Franklin D. Roosevelt first coined the term United Nations Officially came into existence on 24 October 1945
Organization 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 UNs 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 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 issues 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 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 sessions start). 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 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• 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: 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 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.
The International Court of Justice 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 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 NationsThere 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) 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 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 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 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. 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 GroupsThe six working groups and their current topics are asfollows: 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
UNCITRALSale 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, 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 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 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 programmes and projects in support of developing countries, paying particular attention to the special handicaps of the least developed countries.
UNCTAD-Relationship with otherOrganization 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 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 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 growth Fight against HIV/AIDS Human Development Report-Human Development Index(HDI)
UN Convention on the Law of the Sea Rights and Signed December 10, 1982 responsibilities of nations Location Montego Bay, Jamaica in their use of the worlds Effective November 16, 1994 oceans Guidelines for business Condition 60 ratifications and environment Parties 162 Management of marine Depositary Secretary-general of the United Nations natural resources Arabic, Chinese, English, Languages French, Russian and Spanish
History17th century – ‘Freedom of the seas concept ‘Cannon Shot rule - Cornelius van Bynkershoek, Dutch jurist20th century – Nations desired to extendnational 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, 1958UNCLOS II Second Conference on the Law of the Sea – Geneva, Switzerland, 1960UNCLOS II Third Conference on the Law of the Sea – New York, USA, 1973
UNCLOS IIISignificant 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
United Nations Convention againstCorruption First legally binding Drafted 31 October 2003 international anti- Signed 9 December 2003 corruption instrument Location Mérida, Mexico 8 Chapters and 71 Articles Effective 14 December 2005 Condition 30 ratifications Signatories 140 Parties 158 Secretary-general of the Depositary United Nations Arabic, Chinese, English, Languages French, Russian and Spanish
Measures and ProvisionsPreventionCriminalization and law enforcement measuresInternational cooperationAsset recoveryTechnical assistance and information exchange
UN Commodity Agreements Establish an inter-governmental organization concerning specific commodities Promote non-discriminatory trade, enhance international cooperation, improve commodity economy, encourage increased demand Consensus on quantities traded, prices, and stock management
UN Commodity Agreements Members Signed EffectiveInternational Coffee Agreement 2007 77 28-Sep-07 02-Feb-11International Cocoa Agreement 2010 33 25-Jun-10 01-Oct-12International Sugar Agreement 1992 62 20-Mar-92 20-Jan-93