世界组织

根据维克多-莫尼埃的课程改编

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法律入门

法律入门：关键概念和定义 ● 国家：职能、结构和政治制度 ● 法律的不同部门 ● 法律渊源 ● 法律的主要形成传统 ● 法律关系的要素 ● 法律的适用 ● 法律的实施 ● 瑞士从起源到20世纪的发展 ● 瑞士的国内法律框架 ● 瑞士的国家结构、政治制度和中立 ● 19世纪末至20世纪中叶国际关系的演变 ● 世界组织 ● 欧洲组织及其与瑞士的关系 ● 基本权利的类别和世代 ● 基本权利的起源 ● 十八世纪末的权利宣言 ● 二十世纪基本权利普遍概念的构建

联合国

联合国徽章。

联合国组织（UNO）是国际合作历史上的一个重要里程碑，成立于战后不久，旨在防止全球冲突和促进和平。联合国的起源可以追溯到第二次世界大战的黑暗时期，当时世界各国领导人面对国际联盟在维护和平方面的恐怖和失败，感到迫切需要创建一个新的国际组织，建立更强大、更有效的机制来管理冲突和促进国际合作。

1942年1月1日，"联合国 "一词首次使用。这一天，与轴心国作战的 26 个国家的代表签署了《联合国宣言》，标志着他们对轴心国军队和未来基于和平与安全的世界秩序的集体承诺。这一宣言为日后联合国的成立奠定了合作基础。1944 年，美国、英国、苏联和中国的代表齐聚华盛顿特区的邓巴顿橡树园会议。他们讨论了在战后建立一个负责维护世界和平的组织的计划。这些讨论在 1945 年 2 月的雅尔塔会议上得以完成和完善，包括富兰克林-罗斯福、温斯顿-丘吉尔和约瑟夫-斯大林在内的世界领导人在会上为该组织提出了更具体的建议。这些努力的最终结果是旧金山会议，1945 年 6 月 26 日签署了《联合国宪章》。来自 50 个国家的代表参加了这一历史性事件，并签署了一份将塑造战后世界秩序的文件。宪章》经安全理事会五个常任理事国（美国、英国、法国、苏联和中华民国）以及大多数其他签署国批准后，于 1945 年 10 月 24 日生效。

联合国成立之初的目标远大，包括防止战争、促进人权、经济和社会发展以及尊重国际法。联合国的宗旨还包括所有成员国主权平等、和平解决争端和不干涉别国内政。多年来，联合国在许多重大历史事件中发挥了核心作用。它参与了重大冲突的管理和解决，如 20 世纪 50 年代的朝鲜战争、1956 年的苏伊士危机，以及最近在饱受战争蹂躏地区（如 20 世纪 90 年代的卢旺达和 21 世纪的叙利亚）的各种维持和平和人道主义干预努力。此外，联合国还是解决气候变化、妇女和儿童权利以及可持续发展等全球问题的重要论坛。自 1945 年创立以来，联合国不断发展壮大，已成为一个包括世界上绝大多数国家的全球平台。今天，联合国拥有超过 196 个成员，证明了其在全球治理和国际合作中的核心作用。在这些成员中，瑞士因其加入联合国的历史而占有独特的地位。

瑞士以其历史上的中立而闻名于世，自第二次世界大战结束以来，瑞士一直在联合国拥有观察员席位。这一地位使瑞士能够在不是正式成员的情况下参与联合国的讨论和活动。这一中立立场符合瑞士的传统外交政策，即强调不参与国际冲突以及政治和军事联盟。瑞士在成为联合国正式会员国的道路上经历了内部辩论和国际政治气候的变化。1986年，在苏联和西方集团对抗的时期，瑞士就加入联合国问题举行了全民公决，但提案遭到了人民和各州的反对。这一决定反映了瑞士在冷战分裂的世界中保持中立的考虑。

然而，随着冷战的结束和全球政治结构的变化，瑞士的立场开始发生变化。2002年，瑞士举行了新一轮全民公决，瑞士人民和各州投票赞成加入联合国。这次投票标志着瑞士外交政策的转折点，表明瑞士希望在保持中立的历史承诺的同时，更加积极地参与世界事务。瑞士于2002年加入联合国，这不仅对瑞士，而且对联合国来说都是一个重要的时刻，因为它表明联合国正朝着普遍接受和承认其成员外交政策多样性的方向发展。自加入联合国以来，瑞士一直积极参与联合国的各项倡议，在外交、调解和促进和平领域做出了自己独特的贡献，同时保持了中立国的身份。

1945年通过的《联合国宪章》是联合国组织（UNO）的创始文件，也是其活动和使命的基石。宪章》的主要宗旨是促进维护国际和平与安全，促进各国在人权、社会和经济发展以及和平解决冲突等各方面的合作。宪章》还确立了国家主权平等、在国际关系中不使用武力或威胁、干涉他国内政等基本原则。联合国的主要总部设在美国纽约。联合国大会和安理会等大多数主要机构都设在纽约。选择纽约作为联合国总部在当时具有重要意义，象征着世界各国在经历第二次世界大战的破坏后对合作与和平时代的希望和承诺。联合国还在瑞士日内瓦保留了一个重要的欧洲中心。位于日内瓦的联合国欧洲总部在联合国的国际业务中发挥着至关重要的作用。之所以选择日内瓦，是因为它有悠久的中立和外交传统，以及作为国际合作和人道主义组织中心的历史。联合国日内瓦办事处（UNOG）是仅次于纽约的第二大联合国办事处，是就人权、裁军、人道主义援助和经济发展等各种全球性问题进行国际外交谈判、召开各种会议的重要论坛。因此，纽约联合国总部象征着联合国对和平与安全的全球承诺，而日内瓦办事处则代表着联合国在欧洲和国际范围内促进国际合作和解决全球问题的作用。

联合国的主要机构

联合国大会

The United Nations General Assembly plays a central role in the running of the organisation, acting as a forum where each member has one vote, reflecting the principle of the sovereign equality of States. This assembly meets annually for ordinary sessions, and can also hold extraordinary sessions if necessary. During these sessions, members discuss and vote on various international issues, ranging from peace and security to economic, social and environmental problems.

Beyond the General Assembly, the UN has created a network of specialised bodies and programmes to tackle specific areas of international concern. These bodies operate with a degree of autonomy and are specialised in various areas. For example, the Office of the United Nations High Commissioner for Refugees (UNHCR), established in 1950, is responsible for protecting the rights and welfare of refugees worldwide. The United Nations Educational, Scientific and Cultural Organisation (UNESCO) focuses on education, science, culture and communication to promote international peace and security. In addition, the International Labour Organisation (ILO) works to promote workers' rights, encourage decent working conditions and develop employment opportunities.

Although Switzerland only became a full member of the UN in 2002, it was involved in several of these specialised bodies long before it joined. This was in keeping with its tradition of neutrality and international cooperation. For example, Switzerland was a founding member of the ILO in 1919 and hosted the organisation's headquarters in Geneva. This early involvement in the UN's specialised bodies demonstrates Switzerland's commitment to the UN's principles and objectives, even before it officially became a member.

Together, the General Assembly and the UN's specialised bodies represent a complex and integrated system that works to address a multitude of global challenges, reflecting the shared commitment of member states to a more peaceful, just and sustainable world. Switzerland's participation in this system, both as an observer and as a full member, underlines its active role and significant contribution to the international community.

Security Council

The United Nations Security Council is one of the six principal organs of the UN and plays a crucial role in maintaining international peace and security. It is made up of 15 members, whose structure reflects both the organisation's history and its commitment to representing the world's geopolitical diversity. Five of these members are permanent, and they are the States that were the victorious powers of the Second World War: the United States, France, the United Kingdom, China and Russia (the Soviet Union until its dissolution in 1991). These permanent members have special powers, in particular the right of veto, which means that they can block any resolution, even if it has been approved by all the other members of the Council.

The other 10 members of the Security Council are non-permanent states, elected for two-year terms by the UN General Assembly. The election of these non-permanent members is designed to ensure a balanced representation of the different geographical regions of the world. This geographical distribution is intended to ensure that the interests and perspectives of all regions of the world are taken into account in the Council's decisions. The Security Council has primary responsibility for maintaining international peace and security. It can adopt resolutions that have legal force for UN member states and has the power to take action ranging from imposing economic sanctions to authorising military intervention. The Council also plays an essential role in conflict resolution, war prevention and international crisis management.

The right of veto of the permanent members of the UN Security Council is a distinctive and influential feature of its functioning, although its exact nature is often misunderstood. Indeed, the right of veto is not explicitly mentioned as such in the UN Charter, but rather derives from its Article 27. According to this article, for a Security Council resolution to be adopted, it must obtain the approval of at least nine of its fifteen members, including the consent of all the permanent members. In practice, this means that a vote against a proposal by one of the five permanent members - the United States, France, the United Kingdom, China and Russia - is enough to prevent the resolution from being adopted. This is commonly referred to as the "right of veto".

It is important to note that the abstention or absence of a permanent member does not prevent a resolution from being adopted. A resolution can pass if it receives the necessary nine votes, even if one or more permanent members abstain. This means that the abstention of a permanent member is considered as a non-use of its right of veto, thus allowing the resolution to move forward. This veto system was originally designed to ensure that the major post-war powers, with major global strategic interests, were in agreement with the actions taken by the Security Council. However, the veto has been criticised by many as a means for the major powers to block action even where there is a broad international consensus. It has also been criticised for sometimes contributing to the paralysis of the Council on crucial issues, where the interest of one permanent member conflicts with the will of the majority of members.

Since the demise of the Soviet Union and the end of the Cold War, the functioning of the UN Security Council has indeed evolved. During the Cold War, the Council was often paralysed by the opposition between the Soviet and Western blocs, with the United States and the Soviet Union frequently using the veto to block resolutions that went against their respective interests. With the dissolution of the Soviet Union in 1991, this bipolar dynamic largely disappeared, paving the way for new forms of negotiation and decision-making within the Council. One notable change in Security Council practice has been an increased tendency to seek consensus. Consensus, unlike a decision taken by majority vote, implies general agreement or an absence of active opposition among Council members. In practice, this means that resolutions and decisions are often the result of lengthy negotiations and compromises, reflecting an effort to reach common ground acceptable to all members, including permanent members with veto rights.

The consensus technique is beneficial in that it avoids the use of the veto and encourages a more collaborative and less confrontational approach to international problems. This can lead to resolutions which, while sometimes less ambitious, are more likely to be accepted and implemented by all Council members. However, consensus-building also has its drawbacks. Critics point out that it can lead to watered-down resolutions, where the strongest terms or most decisive actions are watered down to win everyone's approval. In addition, the negotiation process to reach consensus can be long and complex, sometimes delaying Council action on urgent crises.

General Secretariat

The General Secretariat of the United Nations plays a crucial role in coordinating and managing the organisation's activities. At the head of this Secretariat is the Secretary-General, a position of high importance that combines political and administrative responsibilities. Since 1 January 2017, the post has been held by António Guterres, a Portuguese diplomat and politician. He succeeded Ban Ki-moon, whose term ended in December 2016. The selection process for the Secretary-General involves the two principal organs of the United Nations: the Security Council and the General Assembly. The candidate is first recommended by the Security Council, after which the General Assembly proceeds with the election. This procedure is designed to ensure that the choice of Secretary-General reflects a consensus within the international community.

The Secretary-General's role is primarily political. He mediates in international conflicts, works to promote global peace and security, and mobilises the efforts of Member States and UN bodies to address global issues such as sustainable development, human rights, climate change and humanitarian assistance. As the UN's spokesperson and representative figure, the Secretary-General also plays an important role in raising awareness and influencing world public opinion on crucial issues. The Secretariat, the administrative arm of the UN, assists the Secretary-General in carrying out his duties. The Secretariat is made up of international staff working in a variety of areas, from administrative management to the implementation of UN programmes and policies. Their efforts are essential to the day-to-day running of the organisation and to supporting the Secretary-General in his diplomatic initiatives and mediation missions.

International Court of Justice

The International Court of Justice (ICJ), often referred to as the principal judicial organ of the United Nations, plays an essential role in the international system by facilitating the peaceful settlement of disputes between States and contributing to the development of international law. The ICJ is composed of 15 judges, who are elected jointly by the United Nations General Assembly and Security Council.

ICJ judges are chosen from among persons of high moral character who possess the qualifications required in their respective countries for appointment to the highest judicial offices, or who are jurisconsults of recognised competence in international law. This requirement ensures that ICJ judges are experts in international law, capable of ruling on complex legal issues. One of the ICJ's main objectives is to settle, in accordance with international law, disputes submitted to it by States. These disputes may concern a variety of issues, ranging from territorial and maritime boundaries to rights of passage, diplomatic disputes and other international disputes. By issuing judgments and advisory opinions, the ICJ contributes to the development of international law and its consistent application.

In addition to deciding contentious cases between States, the ICJ also has the capacity to provide advisory opinions on legal questions at the request of other authorised organs or agencies of the United Nations. These advisory opinions, although not binding, are respected and considered to have great authority and influence in the development of international law. The International Court of Justice is located in The Hague, the Netherlands, which sometimes earns it the nickname "The Hague Court". Its role and decisions are of paramount importance in maintaining the international legal order and promoting the peaceful resolution of disputes between nations in accordance with the principles of justice and international law.

The International Court of Justice (ICJ), established in 1945 as the principal judicial organ of the United Nations and successor to the Permanent Court of International Justice of the League of Nations, plays an essential role in the peaceful settlement of disputes between states. Based in The Hague in the Netherlands, the ICJ reflects the evolution and consolidation of international law in the post-Second World War world. The ICJ's jurisdiction is dedicated exclusively to cases brought by states, not by individuals, organisations or companies. This restriction underlines the importance of state sovereignty in the international legal system. A notable example of the ICJ's intervention is the case of Nicaragua v. United States in 1984, where Nicaragua accused the United States of violations of international law for its support of the Contras in the Nicaraguan civil war. The ICJ ruling in favour of Nicaragua was a landmark moment, although the US chose not to comply with the judgement. The principle of state consent is fundamental to the ICJ. No state can be forced to submit a dispute to the Court without its consent. This means that states must voluntarily accept the jurisdiction of the ICJ in order for it to hear their case. This principle has been highlighted in cases such as the Aegean Sea case (Greece v Turkey), where the Court's jurisdiction was challenged.

In addition, although states may recognise the ICJ's compulsory jurisdiction, they often have the option of limiting or conditioning this recognition. The declaration of compulsory jurisdiction allows the ICJ to hear cases without requiring specific consent for each case, but practice shows that states are sometimes reluctant to make an unconditional commitment. This dynamic reflects the tension between the need for an international legal order and the desire of states to maintain a degree of autonomy. The ICJ has therefore played, and continues to play, a crucial role in the promotion of international law and the peaceful resolution of conflicts. It represents a significant advance in the way international affairs are managed, by favouring law and negotiation over conflict and force. Its decisions, although sometimes contested or ignored, have contributed to the development of a more robust international legal framework and have often served as a benchmark for the resolution of subsequent international conflicts.

The International Court of Justice (ICJ), as the principal judicial organ of the United Nations, has a jurisdiction that is defined by several key criteria. Its ability to hear and decide cases depends first and foremost on the recognition of its jurisdiction by the States concerned. This recognition can manifest itself in different ways, each reflecting the commitment of States to international law and the peaceful settlement of disputes. Firstly, a State may recognise the jurisdiction of the ICJ either generally or specifically. General recognition is often established by a declaration in which the state accepts the ICJ's jurisdiction as binding for certain types of dispute. This form of recognition allows the ICJ to hear cases without the States concerned having to give their specific consent for each case. However, States may condition their recognition or exclude certain types of dispute from the jurisdiction of the ICJ. Secondly, the ICJ's jurisdiction extends to disputes concerning the interpretation or application of a treaty. In many international treaties, the parties include clauses that refer to the ICJ for the resolution of disputes relating to those treaties. These specific treaty clauses provide a clear mechanism for managing disagreements on the interpretation or application of the treaty, thus contributing to the stability and predictability of international law. Finally, the ICJ is competent to hear cases when two States in conflict decide, on their own initiative, to submit their dispute to the Court. This form of voluntary referral is an example of the use of international law to resolve conflicts peacefully. It demonstrates the willingness of states to abide by legal principles rather than resort to force or coercion. Historic cases such as the border dispute between Burkina Faso and Mali (1986) illustrate how states have chosen to resolve their disputes peacefully through the ICJ. Thus, the jurisdiction of the ICJ, although conditioned by the will of States, is an essential pillar of the international legal system, facilitating the settlement of disputes between States within a legal and structured framework. It symbolises the commitment of the nations of the world to the principle of international justice and the peaceful resolution of disagreements.

Article 93 of the United Nations Charter offers an interesting and important possibility for access to the International Court of Justice (ICJ). Under this article, even states that are not members of the United Nations have the opportunity to participate in the ICJ, thereby extending the Court's reach and influence beyond the borders of the UN. Article 93 stipulates that all members of the United Nations are de facto parties to the Statute of the International Court of Justice. This means that, by becoming a member of the UN, a State also accepts the jurisdiction and authority of the ICJ. However, Article 93 goes further by providing that States which are not members of the UN may also become parties to the Statute of the Court, subject to certain conditions. To do so, these States must first be invited by the General Assembly on the recommendation of the Security Council to become parties to the ICJ Statute. They must then accept the terms and conditions set by the General Assembly, which may include financial obligations as well as acceptance of the jurisdiction and decisions of the ICJ. This provision is significant because it recognises the reality of a world in which some territories and political entities are not members of the UN, while underlining the importance of international law and the judicial resolution of conflicts at a global level. By allowing non-UN member states to join the ICJ, Article 93 contributes to the UN's broader objective of promoting peace, justice and international cooperation. Historically, this provision has enabled entities that are not members of the UN, for a variety of reasons, to seek judicial resolution of their international disputes within a legal and structured framework. This reinforces the role of the ICJ as a central judicial body in the international system and underlines the universality of the principles of international law.

The example of Switzerland in 1948 is a perfect illustration of the application of Article 93 of the UN Charter. Before becoming a member of the United Nations in 2002, Switzerland demonstrated its commitment to international law and the global legal system by becoming a party to the Statute of the International Court of Justice (ICJ) in 1948. Although Switzerland maintained a policy of strict neutrality and chose to remain outside the United Nations for much of the 20th century, its decision to join the ICJ reflects its recognition of the importance of international justice and the peaceful settlement of disputes. By acceding to the ICJ Statute, Switzerland accepted the Court's jurisdiction to settle international disputes, thereby demonstrating its support for the principles of international law, even in the absence of full UN membership. This action enabled Switzerland to participate actively in the international legal system and to contribute to the promotion of world peace and stability. It also demonstrated that commitment to international law could transcend UN membership statutes, underlining the importance of the ICJ as an institution accessible to all states concerned with justice and the legal resolution of disputes. Switzerland's situation prior to 2002 is therefore a notable example of how non-UN member states can interact with and participate in international institutions, thereby contributing to international dialogue and cooperation within the framework of international law.

Specialised institutions

In the wake of the United Nations, a network of specialised organisations has been created to tackle various aspects of peace and global development. Each of these entities plays a specific role, contributing to an aspect of international cooperation and global well-being.

Among these organisations, the World Intellectual Property Organisation (WIPO), founded in 1967, stands out for its work in protecting and promoting intellectual property. WIPO encourages innovation and creativity, which are essential to economic and cultural progress. Its creation was an important step in recognising the importance of intellectual property in international relations. UNESCO, established in 1945, plays a key role in promoting education, science and culture. Through its educational programmes, the preservation of world heritage and the defence of press freedom, UNESCO aims to strengthen peace and security by encouraging collaboration between nations. The World Health Organisation, created in 1948, is another cornerstone of this network. It coordinates international efforts in the field of public health, working to improve health conditions and respond to global health crises. Its role has been crucial in initiatives such as the eradication of smallpox and the response to pandemics. Finally, the International Labour Organisation, founded in 1919, well before the creation of the UN, has been a pioneer in promoting workers' rights. It has played a key role in shaping international labour policies, establishing standards and conventions that have shaped working conditions around the world.

Switzerland, known for its political neutrality and commitment to international cooperation, was involved in these organisations long before it joined the UN in 2002. As early as 1919, it was a member of the ILO, demonstrating its early support for social rights and labour standards. Its continued involvement in WIPO, UNESCO and WHO before joining the UN is testimony to its significant contribution to global efforts in the fields of intellectual property, education, culture and public health.

These organisations, with the support of states like Switzerland, illustrate how the international community strives to work together to promote peace, development and human well-being across a variety of specialised fields. They are a crucial part of the architecture of international cooperation, each making its own unique contribution to the overall goal of building a more just and peaceful world.

Annexes

• Université de Genève. “International Organizations Management.” Coursera, https://www.coursera.org/learn/international-organizations-management.