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The United Nations (i)(ii). Origins. Traditional methods had failed 1942 ‘United Nations’ Moscow 1943 – maintenance of peace 1944 Dumbarton Oaks February 1945 Yalta April 1945 San Francisco 51 states/111 Charter October 1945 London. THE CHARTER. Preamble/Purposes and Principles
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Origins • Traditional methods had failed • 1942 ‘United Nations’ • Moscow 1943 – maintenance of peace • 1944 Dumbarton Oaks • February 1945 Yalta • April 1945 San Francisco • 51 states/111 Charter • October 1945 London
THE CHARTER • Preamble/Purposes and Principles • Membership • Organs : General Assembly, Security Council, Economic and Social Council, Trusteeship Council, ICJ & Secretariat • Key articles/:2vii,10,25(27.3),51,99 Chapters VI/VII,
2vii Nothing contained in the present Charter shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state or shall require the Members to submit such matters to settlement under the present Charter; but this principle shall not prejudice the application of enforcement measures under Chapter Vll.
10:The General Assembly may discuss any questions or any matters within the scope of the present Charter or relating to the powers and functions of any organs provided for in the present Charter, and, except as provided in Article 12, may make recommendations to the Members of the United Nations or to the Security Council or to both on any such questions or matters.
25:The Members of the United Nations agree to accept and carry out the decisions of the Security Council in accordance with the present Charter. • 27.3:Decisions of the Security Council on all other matters shall be made by an affirmative vote of nine members including the concurring votes of the permanent members; provided that, in decisions under Chapter VI, and under paragraph 3 of Article 52, a party to a dispute shall abstain from voting.
51:Nothing in the present Charter shall impair the inherent right of individual or collective self-defence if an armed attack occurs against a Member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security. Measures taken by Members in the exercise of this right of self-defence shall be immediately reported to the Security Council and shall not in any way affect the authority and responsibility of the Security Council under the present Charter to take at any time such action as it deems necessary in order to maintain or restore international peace and security.
99:The Secretary-General may bring to the attention of the Security Council any matter which in his opinion may threaten the maintenance of international peace and security.
GENERAL ASSEMBLY • ‘DELIBERATIVE’ • NOT LEGALLY BINDING • BUT ‘WORLD OPINION’ • ‘UNITING FOR PEACE’ 1950 • SEPTEMBER
UNSC • 5 ‘PERMANENT MEMBERS’ • +9/15 • THE RESPONSIBILITY FOR MAINTENANCE OF INT. PEACE AND SECURITY • ARTICLE 25 • ARTICLE 52 • FUNCTIONS & POWERS • INT. PEACE & SECURITY • CHAPTERS VI & VII ( & VI ½) • 1990-1991 • VETO • SANCTIONS • PEACE-KEEPING
Peace-keeping • Definitional issues • Keys? • Impartiality • Ceasefires • Separation of forces • Observation • Consent • + clear mandate • Continuing political support • Financial support
Changes • Boutros Boutros Ghali in Agenda for Peace in 1992 defined peacekeeping as : ‘ the deployment of a United Nations presence in the field, hitherto with the consent of all parties concerned, normally involving United Nations military and/or police personnel and frequently civilians as well. Peace-keeping is a technique that expands the possibilities for both the prevention of conflict and the making of peace’ • 1989 • Boutros Ghali – Agenda for Peace • Preventative • Peace-making • Peace-keeping • Post-conflict peace building • 13 then 13 • Brahimi Report
Dilemmas • Sovereignty • Intervention • Good governance • World opinion/leadership • Structure and administration
Problems • Financing • Administration • Politicisation • Vetoes • Security Council • Reforms • Will