The Role of the United Nations - Research Paper Example

? United Nations Role in Public International Law Introduction to the Role of United Nations: United Nations came into being after the WWII, in sequel to the platform of League of Nations, on 24 October, 1945. Its charter was ratified by nations that sat together to find a durable solution for peace and stability. Fifty one nations mulled together to find a solution and in majority they signed the charter in the city of San Francisco. It was in fact first treaty of its kind that achieved consensus on world peace. International law in this context has a lot to tell about its formulation and evolution thereafter1. These laws although remain loose bindings yet are gaining strength in the presence of phenomenon of globalization. As the consensus was achieved these nations pledged to save humanity for disasters of rogue minds. It is therefore can rightly be said that these nations achieved a platform for law definition and rules of engagement among nations along with compulsion on nations. These compulsions can broadly be categorized into two main tiers which sprawl over international arena and over national level. As a nation or a government forms an entity of this global body, it is supposed to take care of its responsibilities in the global society. In global community the purpose of such a body, like United Nations, is to work for development, peace and stability which should be based on basic principles of human dignity, justice and wellbeing of all people around the globe. Similarly to find durable, and across the board, stability on the whole and within a nation, it was stipulated by laws and guidelines to have nations comply with UN charter. These guidelines and international laws compelled and brought nations on the whole towards a universal culture of peace2. Multiculturalism found its genesis in the form of International Public law. This law is discussed in this research paper which is quintessentially a part of the international law. For the peoples around the world it is very important to be under a statutory watchdog so that equal and justified treatment can be rendered to them. Various agencies and Organs of the United Nations are working of the issue of discriminatory laws that are impeding globalization and up-board treatment of various populace of the world. The platform of United Nations affords nations with an opportunity to strike a balance for interdependence and national interests when the encounter international problems. This research paper focuses on Public International Laws. It outlines organs and agencies that United Nations has provided to nations as watchdogs and helpers, and it also critically analysis their role and writ over the nations. There are 192 members of United Nations that have endorsed its charter and thus are bound to comply with situations that occur with time to time. The case of public international law has been under scrutiny and it is evolving with time. It is need of the hour to have resolve by member stated to adhere to these laws. International Law Agencies and Organs of the UN: Before entering into the details of Law formulating bodies of the United Nations it is important to define the area of research. Public International law is relatively newer field, yet it is growing very fast. Among all organs and agencies there are specialized bodies that look after the issues related to this field. With time United Nations is specializing in this domain to cater problems related to global trade, awareness of human rights violations, environmental problems, increase in international interaction through transport and communications. This domain of law making has a special impact that sprawls over international and domestic legal interpretations and implementation. Thus it can be said that with these practice the world is truly evolving into a global community or village. For the sake of understanding of public law making and implementation it can be divided into two branches. First is the national law and the second one is international conventions and agreements that are based on global consensus3. Now the United Nations has been able to address the above mentioned challenges through various flexible forums of discussion. It has not only formed organs and agencies for helping out problems related to these laws, but also has formed special bodies like International Law Commission, United Nations’ commission on international trade-law also abbreviated as UN-CITRAL and General Assembly 6Th Committee (Legal). As per the UN website thematic issues that are stated on the website are; codification- progressive development of the international laws, treaties related to oceans and law of sea, international system of justice at the UN and other legal areas. This shows that setting up of international court of justice- ICJ, International Criminal Tribunal ICT, trust fund etc are in sequel to the efforts for the implementation of International laws4. As its sub-field Public international law as described above also finds its genesis point as the same institutions. With seventeen specialized agencies, UN has been able to an all inclusive sort of platform, and it is the same reason that World community has reposed trust in this global body. This research paper picks two UN organs and one UN agency to scrutinize their role in development, evolution and implementation of Public International Laws5. Out of 17 agencies World Health Organization (WHO) has been taken for the study. Along with this agency, role of principle organs like Security Council and International Court of Justice will be critically analyzed. Public International Law: In law studies international law is one of the fastest growing fields. It has become an extensive field of public service and has recently gained more importance at international level. The reason behind this has been the aspect of growing influence of international and national organization in peace and development in the wake of present state of affairs around the globe. There are intergovernmental organizations and nongovernmental organizations that are collectively working out for the betterment and wellbeing of public around the globe. Setting up of international courts and tribunals are a step forward in the field of international law. Similarly as defined earlier, public international law has also found its genesis and has ultimately changed the scenario of this public service. Public international law defines a framework along with a criterion for states that are party to it. It binds the states as acting entities in its system of international law. In contrast with the general international laws, Public international law defines a framework for group rights, rights of the refugees, treatment with the aliens, crimes that are related to international scenarios and other human rights crisis. These laws are not limited to only these aspects. They also address problems like arms control, settlement of disputes, and treatment of prisoners, hostilities that occur and the use of force in international community6. In United Nations charter all members of the community, in theory, are equal and sovereign and thus they have right to participate in application of these laws equally, yet economically well and militarily strong nations over power different scenarios to take a unilateral decision. This case is evident through actions that have been taken recently in waging wars against weapon of mass destruction. However in general Public international laws have a gist that is explained in Universal Declaration of Human-Rights, The Declaration of Fundamental Rights on Work and in International Labor Organization. The sole aim of such laws is to formulate, observe and enforce laws that act as congealers in any type of liaison in the international environment. Critical Analysis of UN Role in establishing Public International Law: United Nations was not only founded to help future generations from the devastations of wars and establishment of forums for human rights but also to help in establishment of justice and devising a code of conduct for nations through treaties and laws. These are few basic facts that are derived from the preamble of United Nations promulgated charter. International relations of the member party to this forum are regulated and maintained through these guidelines. From these basic principle that for the basis of international law, further law making is done. Today as the globalization has reached to new heights the need of public international laws cannot be denied. It is important to find terms of engagement among nations as interaction of nations in trade, transport, communication etc. is growing every day. UN is playing a vital role in promulgation of these laws and at the same time it is helping in formulating treaties as per the needs of scenarios that arise subsequently. Although there are many forums that play their role in formulation, observation and enforcement of these laws, role of WHO, SC and ICJ is being discussed here. These organs and agencies have their certain domain of action however their observations and drives that are in fact ratified under a charter become an obligation on a member nation. Same is the case of other organs and agencies, but as per a case study these will be studied for their role. Role of World Health Organization: World Health Organization is primarily concerned with health related activities around the world. In addition to these tasks it has observatory bodies in member nations that act as international watchdogs in the field of health and related sciences. It has contingency plan of actions and emergency missions that rush to international crisis scenarios to render help. It is therefore important to mention its role before analyzing its abilities and approaches towards establishment of related public international laws. As a preface a case in which world health organization links with international atomic energy agency can be stated as a working body that prepares plan of actions in tandem with each other. Thus WHO has been able to influence with its role. Role of World Health Organization is related to the public health. It can take measures, direct governments and enforce emergencies in collaboration with the government or multiple governments to regulate public international laws. As the basic derivatives of the law are based on United Nations charter, yet current explicit role of World Health Organization needs a mention. World Health Organization is engaged in partnerships for the provision of leadership on issues related to health. It is playing its role in spreading of knowledge, research and help for overall betterment of the world. It is directing and providing help for research and development in the field of health sciences. World Health Organization is setting up a universal framework that established standards and norms for the promotion, observance of health practices. It is providing technical, scientific and capacity related support so that divide among the developed and developing nations may be bridged in the field of health. World Health Organization is also monitoring and analyzing situations and trends relating to access to health and health facilities. How the policies of World Health Organization effect in development, observing and enforcement of Public International laws can be understood with the help of following agenda items of the agency. Communicable diseases are being at the top most agenda of World Health Organization. WHO, is struggling with the problems related to the spread of the diseases like AIDS, Malaria, TB and other chronic diseases alike. It is capable to propose impose on travel and other such austerity drives against the areas for not acting in accordance with the ratified obligations7. In case of living standards and lifestyle World Health Organization is also working in the areas related to reduction in morbidity, mortality and provision of health services during pregnancy, childbirth and other stages of physical development of the young. World Health Organization has also launched programs related to sexual health to promote congealing living environment for the individuals. World Health Organization is also enabled to look after or set up an observatory mission for food security and public health. Its funding varies and becomes obligation for the developed countries to be fulfilled. Similar lines of actions that help in regulation of Public International Law in the fields of health policy of the governments, governance and support for health and humanitarian crisis in case of natural calamities, are part of WHO charter. Observance of the charter as promulgated has social and economic implications and thus forms an obligatory situation for the member states. Role of Security Council: International peace and security is the main concern of UNSC (United Nations Security Council). It is one of the six principal bodies of the United Nations which is concerned with establishing of international laws. As being one of the biggest and important organs of United Nations it has ability to mobilize important world powers towards a goal. This body enables UN for observing of UN say. Role of Security Council can be ascertained from the fact that it is empowered and authorized to establish or move peace related operations, international sanctions, authorizing of military action etc. A resolution is adopted by the members of Security Council that becomes a prime mover in international affairs. The actions that are taken by Security Council can be related to ad hoc tribunals and sanctions that help in shaping of rules of engagement among the nations and governments. The resolutions that are passed in the wider interest of world peace and security become a binding under Chapter 7 of the UN charter. It can refer cases of international importance to international criminal court the ICC and International Court of Justice ICT if any case of aggression or war against people or a certain group of people happen8. The United Nations Security Council has been entrusted with powers to investigate a situation that can be threatened to international peace. It can also recommend certain procedures for the resolution of any dispute. Security Council can enforce decisions through military means and can help in application of sanctions if need be. Its role in avoidance of conflicts and establishment of environment for cooperation through negotiations is attributed as the most important one. In public international law the Security Council has been able to attain a responsible role to protect against genocide, ethnic cleansing, war crimes and other crimes against humanity that occur around the world generally in developing and economically downtrodden nations. In the case of Darfur, Libyan Civil War etc are few examples of its role in enforcing public international law for the betterment of regions around the world. The Security Council can use its powers for promulgation of ruling of international court of justice and international criminal court for the purpose of non-repetition of any debacle again. It can mobilize international assistance forces so that violations that are internationally condemned may not occur. Further a system of economic sanctions related to trade, investment, banking etc are also under the powers of the council. Role of International Court of Justice: The role of International Court of Justice in Public International Law is, in fact, of foremost importance in establishment, observing and enforcement of Public International Law. The law that is once established is either culmination of justice to the parties or result of all inclusive debate in the United Nations designated organs. The upholding of the law is obligation on the constituent members of the United Nations and when there is deviation from the exercising of law or in the implementation of law. International Court of Justice IJC can be moved for the resolution of the issues related to International laws. There is a two way handshake between International Court of Justice and other principal bodies of UN. A case that is referred to the International Court of Justice is can be related to any violation, dispute over territory, occupation and international issues alike9. The International Law today has widely been understood by the interpretation by ICJ. Thus the role of International Court of Justice is unique in this regard. Issues related to Human Rights violations are a part of hearing at this forum. United Nations Peacekeeping missions and security assistance forces can act on ratification of the ruling of International Court of Justice, by Security Council. This forum therefore has become emergency call center of the world. International Court of Arbitration is also a part of this bigger forum where ruling related to obligations and bindings are extended for the peaceful resolution of the issues. Public International law cases that involve violations of Human Rights and Trials of perpetrators of crime against humanity are also referred to ICJ. It can further refer the case to special tribunal or another relevant court for hearing. International Court of Justice has been referred for important cases and special tribunals were established by the apex court. Cases as US complaint in 1980 when American diplomats in Tehran were detained, case related to dispute between Tunisia and Libya on the border establishment on the continental shelf, cases of Rwanda and Yugoslavia are few examples of the contentious cases that were brought to International Court of Justice for the purpose of arbitration. In case of non compliance with the verdicts and rulings of apex court, sanctions as deemed appropriate by United Nations Security Council can ensue. The role of ICJ is more promulgation of law than enforcing like in the case of UNSC (United Nations Security Council). References Chesterman, S. (2008). The UN Security Council and the Rule of Law. United Nations General Assembly Security Council, Doc. A/63/69-S/2008/270, 08-57. Brownlie, I. (2010). Principles of public international law. Oxford: Oxford University Press. WHO.int (n.d.). WHO | International Law. Retrieved from http://www.who.int/trade/glossary/story061/en/index.html International Law (n.d.). United Nations: International Law. Retrieved from http://www.un.org/en/law/index.shtml Powell, E. J., & Mitchell, S. M. (2007). The International Court of Justice and the World's Three Legal Systems. Journal of Politics, 69(2), 397-415. Structure and Organization (n.d.). Structure and Organization. Retrieved from http://www.un.org/en/aboutun/structure/index.shtml Treaties.UN.org (2011). Towards Universal Participation and Implementation: Role of the United Nations in International Law United Nations contributes to the development of international law. Retrieved from http://treaties.un.org/doc/source/events/2011/Press_kit/fact_sheet_5_english.pdf UN.org (n.d.). Introduction to the United Nations|The UN emblem shows the world held in the olive branches of peace. Retrieved from http://www.un.org/cyberschoolbus/unintro/unintro.asp UN Global Issues (n.d.). International Law. Retrieved from http://www.un.org/en/globalissues/internationallaw/ Read More