The universal organizations

De Baripedia

Based on a course by Victor Monnier[1][2][3]

The United Nations[modifier | modifier le wikicode]

United Nations emblem.

The United Nations Organisation (UNO) represents a crucial milestone in the history of international cooperation, founded in the immediate post-war period to prevent global conflict and promote peace. Its origins date back to the dark days of the Second World War, when world leaders, confronted with the horrors and failures of the League of Nations to maintain peace, felt a compelling need to create a new international organisation with stronger and more effective mechanisms for managing conflict and promoting international cooperation.

The expression "United Nations" was used for the first time on 1 January 1942. On that day, representatives of 26 nations fighting against the Axis powers signed the Declaration of the United Nations, marking their collective commitment against the Axis forces and for a future world order based on peace and security. This declaration laid the foundations for the collaboration that would lead to the creation of the UN. In 1944, the Dumbarton Oaks Conference in Washington, D.C., brought together representatives of the United States, the United Kingdom, the USSR and China. They discussed plans for an organisation that would be responsible for maintaining peace in the world after the war. These discussions were completed and refined at the Yalta Conference in February 1945, where world leaders, including Franklin D. Roosevelt, Winston Churchill and Joseph Stalin, set out more concrete proposals for this organisation. The culmination of these efforts was the San Francisco Conference, where the United Nations Charter was signed on 26 June 1945. This historic event saw the participation of delegates from 50 countries, signing a document that would shape the post-war world order. The Charter entered into force on 24 October 1945, following ratification by the five permanent members of the Security Council - the United States, the United Kingdom, France, the Soviet Union and the Republic of China - as well as by a majority of other signatories.

The UN was created with ambitious objectives, including the prevention of war, the promotion of human rights, economic and social development, and respect for international law. It was also designed to operate on the principles of equal sovereignty for all its members, peaceful settlement of disputes and non-intervention in the internal affairs of states. Over the years, the UN has played a central role in many significant historical events. It has been involved in the management and resolution of major conflicts such as the Korean War in the 1950s, the Suez Crisis in 1956, and more recently, in various peacekeeping and humanitarian intervention efforts in war-torn regions such as Rwanda in the 1990s and Syria in the 21st century. In addition, the UN has been a vital forum for addressing global issues such as climate change, women's and children's rights, and sustainable development. Since its creation in 1945, the United Nations has grown and evolved into a global platform that includes the vast majority of the world's nations. Today, it has more than 196 members, testifying to its central role in global governance and international cooperation. Among these members, Switzerland occupies a unique position due to its history of membership of the UN.

Switzerland, renowned for its historical neutrality, has long held an observer seat at the UN since the end of the Second World War. This position enabled it to take part in the organisation's discussions and activities without being a full member. This neutrality was in line with its traditional foreign policy, which emphasised non-participation in international conflicts and political and military alliances. Switzerland's path towards full UN membership was marked by internal debates and changes in the international political climate. In 1986, during a period marked by confrontation between the Soviet and Western blocs, Switzerland held a referendum on UN membership, but the proposal was rejected by the people and the cantons. This decision reflected a concern to maintain Swiss neutrality in a world divided by the Cold War.

However, with the end of the Cold War and changes in the global political structure, Switzerland's position began to evolve. A new referendum was held in 2002, and this time the Swiss people and cantons voted in favour of UN membership. This vote marked a turning point in Swiss foreign policy, signalling a desire to be more actively involved in world affairs while maintaining its historic commitment to neutrality. Switzerland's accession to the UN in 2002 was a significant moment, not only for Switzerland but also for the UN, as it illustrated the organisation's move towards universal acceptance and recognition of the diversity of its members' foreign policies. Since joining the UN, Switzerland has played an active part in its various initiatives, making its own unique contribution in the fields of diplomacy, mediation and peace promotion, while retaining its identity as a neutral nation.

The Charter of the United Nations, adopted in 1945, is the founding document of the United Nations Organisation (UNO) and serves as the cornerstone of its activities and mission. The main purpose of the Charter is to promote the maintenance of international peace and security, and to foster cooperation among nations on various fronts, including human rights, social and economic development, and the peaceful resolution of conflicts. It also establishes the fundamental principles of the sovereign equality of States, the non-use of force or threat in international relations, and intervention in the internal affairs of other States. The UN's main headquarters are in New York, in the United States. This is where most of its main bodies are located, including the General Assembly and the Security Council. The choice of New York as the UN's headquarters was significant at the time, symbolising the hope and commitment of the nations of the world for an era of cooperation and peace after the devastation of the Second World War. The UN has also maintained an important European centre in Geneva, Switzerland. The UN's European headquarters in Geneva plays a vital role in the organisation's international operations. Geneva was chosen because of its long tradition of neutrality and diplomacy, as well as its history as a centre for international cooperation and humanitarian organisations. The United Nations Office at Geneva (UNOG) is the second largest UN office after New York and serves as an important forum for international diplomatic negotiations, conferences and meetings on a variety of global issues, including human rights, disarmament, humanitarian assistance and economic development. Thus, while the UN headquarters in New York symbolises its global commitment to peace and security, the Geneva office represents its role in facilitating international cooperation and solving global problems in a European and international context.

The principal organs of the United Nations[modifier | modifier le wikicode]

The United Nations General Assembly[modifier | modifier le wikicode]

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[modifier | modifier le wikicode]

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[modifier | modifier le wikicode]

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[modifier | modifier le wikicode]

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[modifier | modifier le wikicode]

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[modifier | modifier le wikicode]

References[modifier | modifier le wikicode]