3 pages take home exam for my political science class. the subject of the class is international law. There are short answers and one essay question. I attached the exam also some class slides that should be helpful and can get the information from there.
Michelle_Michy
20190507055421chpt_16_role_of_the_un.pptxThe Role of the UN
Chpt 16 Cassese
16.1 The Grand Design of the Post-Second World War Period
What organization existed prior to WWII that was entrusted with ensuring collective security and peace b/w States?
League of Nations
The US, FDR, proposed 4 main points for the new organization?
1) resort to military force must be banned
2) traditional military and political alliances removed, universal organization set up by peace-loving nations
3) major role of peacekeeping to be given to Axis Powers –world policemen
4) economic social cooperation—to forestall future conflict
5) colonial empires to be dismantled –gradually
Why?—
ideological reasons of self-determination, political reasons advert future conflict, economic reasons-colonial economies distort free trade
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16.1 The Grand Design of the Post-Second World War Period
What design did the British, Churchill, propose for the new organization? Pg 318
Similar in banning force and promoting economic and social cooperation
1) world security could be safeguarded by regional councils under a world council
2) maintenance of colonial empires or gradual independence
What was the Soviet Union’s main contribution to the UN?
Veto Power in the Security Council to the Great Powers
‘he would never agree to having any action of any of the Great Powers submitted to the judgment of the small powers’
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16.2 Goals and Structure of the New Organization
According to Cassese the founding fathers believed the UN would serve several fundamental purposes. What are these?
1) Article 1.1 maintain peace and security
2) Article 1.1 bring about peaceful means the settlement of international disputes which might lead to a breach peace
3) Article 1.2 develop friendly relations based upon principle of equal rights and self-determination of people
4) Articles 1.3 & 55 foster economic and social cooperation
5) Articles 1.3 & 55 promote respect for human rights and fundamental freedoms for all persons
6) Article 11.1 promote disarmament and regulation of armaments
7) Preamble and 13.1.b respect international law and encourage development and codification of IL
16.2 Goals and Structure of the New Organization
What was the main institutional structure created for the UN?
Security Council
General Assembly
Secretariat
What are the 3 other main organs created to fulfill specialized functions?
Economic and Social Council (ECOSOC)
Trusteeship Council
International Court of Justice (ICJ, aka World Court)
16.2 Goals and Structure of the New Organization
General Assembly
each member has one vote
Meets for one month each fall
193 members
Resolutions are not legally binding—but can create documents that could be codified into treaties
Establish subsidiary organs, vote on Secretariat and ICJ
Security Council
15 members,
five of whom are permanent members having full veto of Security Council action
P5-US, UK, France, Russia, China
Issues of peace and security
Was to have a Military Staff Committee
Secretariat
handles day to day functions of UN
UN General Assembly
UN Security Council
16.2 Goals and Structure of the New Organization
Where does the Secretariat sit in the organization?
Top--executive
Purpose?
Provide leadership, day to day business of UN
Who selects the Secretary General?
GA—upon recommendation of the SC
Antonio Manuel de Oliveira Guterres
Security Council Members
Who are the 5-P?
5 permanent members–China, France, Russia, the United Kingdom and the United States (WWII Victors)
10 non-permanent members
Gain seat by General Assembly vote
2 year term
Problem?
These nations were the post WWII world powers, are they still?
Should the Security Council be adjusted to reflect the changing international environment? How could this be done?
UN Funding
Financed from voluntary contributions of member states
GA approves the budget and determines the assessment for each member
Chart % funding of UN
Broadly based on gross national income
| United States | 22.000 |
| Japan | 10.833 |
| Germany | 7.141 |
| France | 5.593 |
| United Kingdom | 5.179 |
| China | 5.148 |
| Italy | 4.448 |
| Canada | 2.984 |
| Spain | 2.973 |
| Brazil | 2.934 |
| Russia | 2.438 |
| Australia | 2.074 |
| South Korea | 1.994 |
| Mexico | 1.842 |
| Netherlands | 1.654 |
| Turkey | 1.328 |
| Switzerland | 1.047 |
| Other member states | 18.309 |
16.3 Principal Achievements and Failures of the UN
16.3.2 Maintenance of Peace and Security
According to the UN Charter when can States use force?
Article 51 In Self defense
What powers are vested in the Security Council to handle disruptions of peace?
Chpt VII SC broad powers of forcible intervention any time under Article 39 a breach of peace or act of aggression was determined
Article 41 authorizes SC decides on measures not involving armed force
Article 42 SC use of armed action against the aggressor or the State threatening the peace
16.3 Principal Achievements and Failures of the UN
What kind of limitations are put on the right of self-defense in Article 51? Pg 324
Use of force in order to repel an ‘armed attack’
Subject to procedural requirements, the SC must be informed immediately of armed self-defense
16.3 Principal Achievements and Failures of the UN
What are some of the deficiencies of the collective security system? (4 listed pgs 324-325)
1) Collective Security rested on the collective agreement of the P5
Veto paralysis, US original intention
Does the UNSC have an army at its disposal?
2)No, one never really formed
3) Force in ‘international relations’ Article 2.4 was only banned, which allowed internal violence to continue
4) supported a concept of ‘negative peace’ or absence of war, rather than positive peace—working on injustice
16.3 Principal Achievements and Failures of the UN
What occurred as a result of the failures of collective security?
Balance of power politics, alliances in the form of NATO and Warsaw Pact divided/controlled the world
Trend of States increasing use of ‘self-defense’ to cloak aggression—without fear of decisive action from the UNSC
Establishment of Peacekeeping forces/operations instead of enforcement of peace
16.3 Principal Achievements and Failures of the UN
16.3.3 Promotion of the Peaceful Settlement of Disputes Likely to Endanger Peace
What does the UN Charter require regarding disputes that endanger peace? Pg 327 top
1) Article 33.1 each party to the dispute has the obligation to seek a solution ‘by negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their choice’
2) Article 35 any State is authorized to bring attention to possible disturbances to the GA or SC
3) Article 33.2 if no one brings attention to dispute, SC called upon parties to settle dispute peacefully
4) Article 34 SC can investigate any situation
5) Articles 36.1 and 37.2 SC can recommend procedures or methods of settlement
16.3 Principal Achievements and Failures of the UN
16.3.4 Self-Determination of Peoples
Has the UN been successful in this regard? (Bringing a peaceful end to colonialism)
Yes
How was colonialism handled by the UN Charter?
Article 1.1 and 55 reference of self-determination of peoples
Trusteeship Council—colonial empires help colonies develop self-government, build free political institutions Article 76b
2 classes of colonies: non-self governing territories and trust territories
Article 73 ‘Declaration regarding non-self-governing territories’ not under the authority of the Trusteeship the colonial power would submit reports to the Secretary General
16.3 Principal Achievements and Failures of the UN
Took a matter of 3 decades (1945-1975) to substantially bring down colonialism
What factors aided decolonization?
1) Strong push by the USSR to fight colonialism
2) increasing lukewarm support of US to its colonial allies
3) insistence of colonial peoples ‘right to independence
4) costs of maintaining colonies
5) rise of anti-colonial parties in empires
16.3 Principal Achievements and Failures of the UN
16.3.5
What is ECOSOC? What is its purpose?
Economic and Social Council
Articles 55 and 62
Prepare studies, reports, draft conventions
Bring about economic and social progress amongst States
Promoted Human Rights
Development of many cooperative organizations:
FAO, WHO, IFAD, UNCTAD, UNDP, UNEP, UNICEF
16.3 Principal Achievements and Failures of the UN
16.3.6 Human Rights
Tepid and Cautious in this area
Article 55c Organization would promote universal respect for human rights
Article 13.1 GA should initiate studies and recommendations for realizing human rights and fundamental freedoms
1948 Create Universal Declaration on Human Rights—not legally binding but has moral authority
UN Universal Declaration of Human Rights
The Universal Declaration of Human Rights
30 Articles
“Whereas Member States have pledged themselves to achieve, in co-operation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms,”
“Someone once asked me what I regarded as the three most important requirements for happiness. My answer was: A feeling that you have been honest with yourself and those around you; a feeling that you have done the best you could in your personal life and in your work; and the ability to love others."
Eleanor Roosevelt
Chaired the UN
Commission on
Human Rights
16.3 Principal Achievements and Failures of the UN
16.3.7 Disarmament
Lowest point of the Charter
Article 11.1 GA principles governing disarmament and the regulation of armaments
GA make recommendations
One area of accomplishment
1968 Treaty on the Non-Proliferation of Nuclear Weapons
IAEA maintenance
16.3 Principal Achievements and Failures of the UN
16.3.6 International Law
