United Nations Organisation

Introduction

The United Nations Organisation (UNO), commonly known as the United Nations (UN), is the principal universal international organisation established after the Second World War to maintain international peace and security, develop friendly relations among nations, promote international cooperation and encourage respect for human rights and fundamental freedoms.

The United Nations was established by the UN Charter, which was adopted on 26 June 1945 at San Francisco and entered into force on 24 October 1945.

The UN replaced the earlier League of Nations and became the central institutional framework for international cooperation.

Establishment of the United Nations

The idea of a new international organisation developed during the Second World War.

Important developments included:

• Atlantic Charter (1941);
• Declaration by United Nations (1942);
• Moscow Declaration (1943);
• Dumbarton Oaks proposals (1944);
• Yalta Conference (1945);
• San Francisco Conference (1945).

The final Charter was adopted and signed at San Francisco on 26 June 1945.

It entered into force on 24 October 1945.

Important Date

24 October → United Nations Day

Purposes of the United Nations

The purposes of the UN are primarily contained in Article 1 of the UN Charter.

The principal purposes are:

• maintenance of international peace and security;
• development of friendly relations among nations;
• achievement of international cooperation;
• promotion of human rights and fundamental freedoms.

Maintenance of International Peace and Security

The first and most important purpose under Article 1(1) is to:

maintain international peace and security.

The UN seeks to:

• prevent threats to peace;
• suppress acts of aggression;
• facilitate peaceful settlement of disputes;
• prevent the recurrence of international conflict.

The Security Council has the primary responsibility for international peace and security within the UN system.

Development of Friendly Relations

Under Article 1(2), the UN seeks to develop friendly relations among nations based on:

• equal rights;
• self-determination of peoples;
• respect for international law.

The principle of self-determination has become particularly important in the development of modern international law.

International Cooperation

Article 1(3) calls for international cooperation in solving:

• economic problems;
• social problems;
• cultural problems;
• humanitarian problems.

The UN also promotes international cooperation concerning human rights and fundamental freedoms.

Human Rights

The promotion of human rights is one of the central purposes of the UN.

The Charter refers to respect for:

• human rights;
• fundamental freedoms;
• equality;
• dignity of individuals.

The UN system subsequently contributed to the development of major human rights instruments, including the Universal Declaration of Human Rights (1948).

Principles of the United Nations

The principal principles governing the organisation are contained in Article 2 of the UN Charter.

Important principles include:

• sovereign equality of members;
• good-faith performance of Charter obligations;
• peaceful settlement of disputes;
• prohibition of the threat or use of force;
• non-intervention in domestic matters, subject to the Charter framework;
• cooperation with the organisation;
• fulfilment of Charter obligations.

Sovereign Equality

Article 2(1)

The UN is based on the principle of the sovereign equality of all its Members.

This means that Member States are legally recognised as sovereign and formally equal within the Charter framework.

However, the Security Council’s voting structure creates important institutional differences, particularly through the special position of its five permanent members.

Good Faith

Article 2(2)

Members must fulfil the obligations assumed by them in good faith under the Charter.

This reflects the broader international law principle that international obligations must be performed in good faith.

Peaceful Settlement of Disputes

Article 2(3)

Members must settle their international disputes by peaceful means in such a manner that international peace and security and justice are not endangered.

This principle is further developed in Chapter VI of the Charter.

Prohibition of Force

Article 2(4)

Members must refrain from:

• threat or use of force;
• against the territorial integrity or political independence of any State;
• or in any other manner inconsistent with the purposes of the United Nations.

Article 2(4) is one of the foundational principles of modern international law.

Non-Intervention

Article 2(7)

The UN Charter states that the organisation is not authorised to intervene in matters essentially within the domestic jurisdiction of any State.

However, this principle does not prejudice the application of Chapter VII enforcement measures.

Therefore, Article 2(7) should not be understood as an absolute prohibition on all international involvement in matters having domestic dimensions.

Membership of the United Nations

Membership is governed principally by Articles 3–6 of the UN Charter.

Original Members

Article 3 recognises the original Members of the United Nations.

These were States that participated in the San Francisco Conference or had previously signed the Declaration by United Nations and subsequently signed and ratified the Charter.

Admission of New Members

Article 4 establishes the conditions for admission.

A prospective Member must:

• be a peace-loving State;
• accept the obligations contained in the Charter;
• be willing to carry out those obligations;
• be able and willing to do so.

Admission requires:

Security Council recommendation

↓

General Assembly decision

Suspension of Membership

Article 5

A Member against which preventive or enforcement action has been taken by the Security Council may be suspended from the exercise of rights and privileges of membership by the General Assembly upon recommendation of the Security Council.

Expulsion

Article 6

A Member that persistently violates the principles contained in the Charter may be expelled from the organisation.

Expulsion requires:

Security Council recommendation

General Assembly decision

Principal Organs of the United Nations

Article 7

The UN has six principal organs:

• General Assembly
• Security Council
• Economic and Social Council
• Trusteeship Council
• International Court of Justice
• Secretariat

General Assembly

The General Assembly (UNGA) is the principal deliberative organ of the United Nations.

It consists of representatives of all UN Member States.

Voting

Under Article 18, each Member has one vote.

Important questions require a two-thirds majority of members present and voting.

Other questions are generally decided by a majority of members present and voting.

Functions

The General Assembly may:

• discuss questions within the scope of the Charter;
• make recommendations;
• consider international cooperation;
• approve the UN budget;
• elect members of certain UN organs;
• participate in the election of ICJ judges with the Security Council;
• consider reports from other UN organs.

Security Council

The Security Council has primary responsibility for the maintenance of international peace and security.

Composition

It has 15 members:

• 5 permanent members;
• 10 non-permanent members.

The permanent members are:

• China;
• France;
• Russia;
• United Kingdom;
• United States.

Permanent Members

The permanent members possess the veto in substantive matters.

Voting in the Security Council

Under Article 27, decisions on procedural matters require the affirmative vote of 9 members.

Other decisions require:

• 9 affirmative votes;
• including the concurring votes of the permanent members, subject to the Charter’s voting rules.

A negative vote by a permanent member is commonly referred to as a veto.

Functions of the Security Council

The Security Council may:

• investigate disputes;
• recommend peaceful settlement;
• determine threats to peace;
• determine breaches of peace;
• determine acts of aggression;
• impose non-forcible measures;
• authorise measures involving force under the Charter;
• establish subsidiary organs;
• authorise peacekeeping-related mandates through relevant decisions.

Chapter VI – Pacific Settlement

Chapter VI deals with the Pacific Settlement of Disputes.

Article 33

Parties to a dispute likely to endanger international peace and security should seek a solution through peaceful means, including:

• negotiation;
• enquiry;
• mediation;
• conciliation;
• arbitration;
• judicial settlement;
• regional arrangements or agencies;
• other peaceful means of their choice.

Chapter VII – Action with Respect to Threats to Peace

Chapter VII deals with situations involving:

• threat to peace;
• breach of peace;
• act of aggression.

Article 39

The Security Council determines whether such a situation exists.

It may then make recommendations or decide what measures should be taken.

Article 41

Provides for measures not involving the use of armed force, including measures such as:

• economic sanctions;
• interruption of communications;
• diplomatic measures.

Article 42

Where Article 41 measures are inadequate, the Security Council may take action involving armed force where necessary to maintain or restore international peace and security.

Economic and Social Council

The Economic and Social Council (ECOSOC) coordinates significant UN work concerning:

• economic development;
• social issues;
• health;
• education;
• culture;
• human rights;
• sustainable development.

It also coordinates relationships with various specialised agencies and other parts of the UN system.

Trusteeship Council

The Trusteeship Council was established to supervise the administration of trust territories and promote their advancement toward:

• self-government;
• independence.

The system largely completed its work after the trust territories achieved self-government or independence.

The Council suspended operations in 1994 after the independence of Palau, the last UN trust territory.

International Court of Justice

The ICJ is the principal judicial organ of the United Nations.

It is governed by:

• Chapter XIV of the UN Charter;
• the Statute of the ICJ.

Its principal functions are:

Contentious Jurisdiction

It decides legal disputes between States.

Advisory Jurisdiction

It gives advisory opinions on legal questions referred by authorised UN organs and specialised agencies.

Secretariat

The Secretariat performs the day-to-day administrative work of the organisation.

It is headed by the Secretary-General.

The Secretary-General performs important functions including:

• administrative leadership;
• diplomatic engagement;
• good offices;
• mediation;
• preventive diplomacy;
• bringing matters threatening international peace and security to the Security Council under Article 99.

Secretary-General

The Secretary-General is the chief administrative officer of the organisation.

The office has developed significant diplomatic importance.

The Secretary-General may use:

• good offices;
• mediation;
• preventive diplomacy;
• fact-finding;
• diplomatic engagement.

The Secretary-General therefore has an important role in international dispute settlement even though the office does not itself function as a court.

UN and Peaceful Settlement of Disputes

The UN plays an important role in peaceful settlement.

Under Article 33, States may use:

Negotiation

↓

Enquiry

↓

Mediation

↓

Conciliation

↓

Arbitration

↓

Judicial Settlement

↓

Regional Arrangements

The UN may facilitate or encourage these mechanisms.

UN and International Law

The United Nations has played a major role in:

• codification of international law;
• progressive development of international law;
• treaty-making;
• human rights;
• international criminal justice;
• law of the sea;
• decolonisation;
• humanitarian law.

The International Law Commission (ILC) is particularly important in the codification and progressive development of international law.

UN and Decolonisation

The United Nations played a major role in the international movement toward decolonisation.

The Declaration on the Granting of Independence to Colonial Countries and Peoples, adopted by the General Assembly in 1960, became a major instrument in the development of the principle of self-determination.

The UN also administered or supervised trust territories through the trusteeship system.

UN and Human Rights

The UN has developed a comprehensive international human rights framework.

Important instruments include:

• Universal Declaration of Human Rights, 1948;
• International Covenant on Civil and Political Rights, 1966;
• International Covenant on Economic, Social and Cultural Rights, 1966;
• Convention on the Elimination of All Forms of Racial Discrimination;
• Convention on the Elimination of All Forms of Discrimination against Women;
• Convention on the Rights of the Child.

UN and International Humanitarian Action

The UN system participates in humanitarian activities involving:

• refugees;
• food assistance;
• health;
• disaster response;
• displaced persons;
• humanitarian coordination.

Different UN bodies and agencies perform different functions.

UN Peacekeeping

UN peacekeeping operations have become an important instrument for maintaining or supporting international peace.

Peacekeeping is not expressly listed as a separate enforcement mechanism in the Charter.

It developed through UN practice.

Peacekeeping operations may assist in:

• monitoring ceasefires;
• supporting peace agreements;
• protecting civilians where mandated;
• facilitating political processes;
• creating conditions for durable peace.

UN and Regional Organisations

Chapter VIII

The UN Charter recognises the role of regional arrangements and agencies in maintaining international peace and security.

Examples include:

• African Union;
• European Union;
• Organization of American States;
• ASEAN in relevant regional contexts.

Regional mechanisms may complement UN efforts.

Legal Personality of the United Nations

The United Nations possesses international legal personality.

This was authoritatively recognised by the ICJ in:

Reparation for Injuries Suffered in the Service of the United Nations (1949)

The Court recognised the UN’s international legal personality and its capacity to bring an international claim where necessary for the performance of its functions.

This is one of the most important cases concerning the legal status of international organisations.

Privileges and Immunities

The United Nations and its officials enjoy privileges and immunities necessary for the independent performance of their functions.

An important instrument is the:

Convention on the Privileges and Immunities of the United Nations, 1946

These protections include relevant immunities concerning:

• premises;
• property;
• archives;
• communications;
• officials.

UN and State Responsibility

The UN may possess rights and obligations under international law.

Its conduct may also give rise to questions of international responsibility.

The law concerning responsibility of international organisations is addressed in the ILC Articles on the Responsibility of International Organizations (ARIO).

United Nations and International Dispute Settlement

The UN provides multiple avenues for handling international disputes.

Diplomatic Methods

• negotiation;
• mediation;
• good offices;
• conciliation;
• inquiry.

Judicial/Arbitral Methods

• ICJ;
• arbitration where parties consent.

Collective Security

• Security Council measures under Chapter VII.

Limits of the United Nations

The UN is not a world government.

Its effectiveness is affected by:

• State sovereignty;
• Charter limitations;
• requirement of institutional competence;
• Security Council political divisions;
• veto power;
• dependence on Member States;
• financial and operational constraints.

Security Council Veto

One of the most important institutional limitations is the veto power of the five permanent members.

A permanent member can prevent adoption of a substantive Security Council resolution by voting against it.

This can affect the UN’s ability to respond collectively to international crises.

UN and State Consent

Although the UN possesses international legal personality, its powers are determined by the Charter.

The organisation cannot simply exercise unlimited authority.

Its organs must act within their respective legal powers.

UN Charter as a Constitutional Instrument

The UN Charter is sometimes described as having a constitutional character within the international institutional system.

It establishes:

• purposes;
• principles;
• organs;
• powers;
• membership rules;
• institutional relationships.

The Charter therefore forms the basic constitutional framework of the UN.

Article 103 of the UN Charter

Article 103 provides that where obligations under the UN Charter conflict with obligations under another international agreement, the obligations under the Charter prevail.

This provision is particularly important in relation to:

• Security Council obligations;
• treaty obligations;
• sanctions;
• competing international commitments.

ICJ and the United Nations

The ICJ is both:

• an independent judicial organ; and
• a principal organ of the United Nations.

The UN Charter provides the institutional basis for its role.

However, the ICJ remains judicial and does not operate as a political organ of the UN.

Important Cases

Reparation for Injuries (1949)

Principle: International legal personality of the United Nations.

Certain Expenses of the United Nations (1962)

Principle: Scope of UN powers and meaning of organisational expenses.

Namibia Advisory Opinion (1971)

Principle: Legal consequences of an unlawful international situation and obligations of States.

Nicaragua v United States (1986)

Principle: Use of force, non-intervention, self-defence and the relationship between international adjudication and the UN system.

Lockerbie Cases

Questions: Relationship between Security Council measures and judicial proceedings concerning disputes involving international obligations.

Bosnia Genocide Case

Importance: Relationship between State responsibility, genocide and the broader UN collective-security framework.

Important Articles

Charter Provision	Subject
Article 1	Purposes of the UN
Article 2	Principles of the UN
Article 3	Original Members
Article 4	Admission of Members
Article 5	Suspension
Article 6	Expulsion
Article 7	Principal organs
Article 18	General Assembly voting
Article 23	Security Council composition
Article 24	Security Council responsibility
Article 25	Members agree to accept and carry out Council decisions
Article 27	Security Council voting
Article 33	Peaceful settlement
Article 34	Security Council investigation
Article 35	Bringing disputes to UN organs
Article 36	Recommendation of procedures/methods
Article 37	Failure of peaceful settlement
Article 39	Threat to peace, breach, aggression
Article 41	Non-forcible measures
Article 42	Measures involving armed force
Article 51	Self-defence
Article 94	Compliance with ICJ decisions
Article 96	Advisory opinions
Article 99	Secretary-General and threats to peace
Article 103	Priority of Charter obligations

Complete Structural Flowchart

United Nations

↓

UN Charter

↓

Purposes + Principles

↓

Six Principal Organs

↙︎ ↓ ↓ ↓ ↓ ↘︎

GA SC ECOSOC Trusteeship Council ICJ Secretariat

↓

Peace + Security

Human Rights

International Cooperation

Peaceful Settlement

Development of International Law

UN Dispute Settlement Flowchart

International Dispute

↓

Article 2(3) – Peaceful Settlement

↓

Article 33

↓

Negotiation / Enquiry / Mediation / Conciliation / Arbitration / Judicial Settlement

↓

UN involvement where appropriate

↓

Security Council / General Assembly / Secretary-General / ICJ

↓

Peaceful Resolution

Quick Revision

Question	Answer
Full name	United Nations Organisation
Common name	United Nations (UN)
Charter adopted	26 June 1945
Charter entered into force	24 October 1945
Headquarters	New York
Principal legal instrument	UN Charter
Main purpose	International peace and security
Principal organs	6
General Assembly	Principal deliberative organ
Security Council	Primary responsibility for peace and security
ECOSOC	Economic and social cooperation
Trusteeship Council	Trust territories; suspended operations in 1994
ICJ	Principal judicial organ
Secretariat	Administrative organ
Secretary-General	Chief administrative officer
Article 1	Purposes
Article 2	Principles
Article 33	Peaceful settlement
Article 39	Threat/breach/aggression
Article 41	Non-forcible measures
Article 42	Force under Chapter VII
Article 51	Self-defence
Article 94	ICJ judgment compliance
Article 96	Advisory opinions
Article 103	Priority of Charter obligations
Legal personality	Recognised in Reparation for Injuries
Important predecessor	League of Nations
UN Day	24 October

Key Exam Points

• The United Nations was established by the UN Charter.
• The Charter was adopted on 26 June 1945 and entered into force on 24 October 1945.
• The UN replaced the League of Nations.
• Article 1 sets out the principal purposes of the UN.
• Article 2 establishes the principal principles governing the organisation.
• The primary purpose is the maintenance of international peace and security.
• Article 2(3) requires peaceful settlement of international disputes.
• Article 2(4) prohibits the threat or use of force contrary to the Charter.
• Article 2(7) contains the principle concerning domestic jurisdiction, subject to the Charter’s enforcement framework.
• The UN has six principal organs.
• The General Assembly is the principal deliberative organ.
• The Security Council has primary responsibility for international peace and security.
• The Security Council has 15 members, including five permanent members.
• The five permanent members possess the veto on substantive matters.
• Chapter VI concerns peaceful settlement of disputes.
• Chapter VII concerns action with respect to threats to peace, breaches of peace and acts of aggression.
• Article 41 concerns measures not involving armed force.
• Article 42 concerns measures involving armed force.
• Article 51 recognises the inherent right of individual and collective self-defence.
• The ICJ is the principal judicial organ of the UN.
• Under Article 96, authorised UN organs and specialised agencies can request ICJ advisory opinions subject to the applicable requirements.
• The Secretary-General has important functions in mediation, good offices and preventive diplomacy.
• Article 99 allows the Secretary-General to bring matters threatening international peace and security to the attention of the Security Council.
• The UN possesses international legal personality, as recognised in Reparation for Injuries (1949).
• The UN has played a major role in human rights, decolonisation, international cooperation and development of international law.
• UN peacekeeping developed primarily through practice rather than an express standalone Charter provision.
• Article 103 gives priority to Charter obligations over conflicting obligations under other international agreements.
• The UN is not a world government and does not possess unlimited powers.
• The effectiveness of the UN is significantly affected by State consent, political divisions and the Security Council veto.

Conclusion

The United Nations Organisation is the central universal institution of the contemporary international legal system. Established after the Second World War, it provides an institutional framework for maintaining international peace and security, promoting international cooperation, protecting human rights and facilitating the peaceful settlement of disputes.

Its constitutional foundation is the UN Charter, particularly Articles 1 and 2, which establish its purposes and principles. Its six principal organs perform distinct functions, with the Security Council playing the central role in collective peace and security, the General Assembly serving as the principal deliberative body, and the ICJ providing judicial settlement of disputes and advisory opinions.

The UN has also contributed enormously to the development of international law through treaty-making, codification, human rights instruments, decolonisation, peacekeeping and international dispute settlement.

At the same time, the UN is not a world government. Its powers are limited by the Charter, and its effectiveness depends heavily upon the cooperation of Member States. The Security Council veto remains one of the most significant institutional limitations.

For examinations, remember:

1945 → UN established

Article 1 → Purposes

Article 2 → Principles

Article 7 → Six Principal Organs

Article 24 → Security Council’s primary responsibility

Article 33 → Peaceful Settlement

Chapter VI → Pacific Settlement

Chapter VII → Collective Enforcement

Article 39 → Threat/Breach/Aggression

Article 41 → Non-forcible Measures

Article 42 → Force

Article 51 → Self-Defence

Article 94 → ICJ Compliance

Article 96 → Advisory Opinions

Article 103 → Charter Priority

Reparation for Injuries → UN Legal Personality