Unit 5: The United Nations And Global Governance

The Origins and Emergence of the UN

At the end of World War II, a major effort to “develop ways of maintaining peace and stability” led to the formation of the United Nations. However, the UN did not come out of blue. It was built on existing experience in international politics. In other words, the path-dependent effects of former institutional and political practices as well as principles can be observed in the creation and the main structure of the UN.

Developments That Set Precedents for the Establishment of the UN

Mingst and Karns identify five key events that had an important impact on the creation of the UN.

First, European traditions and experience in international law and organization since the 16th century had a significant impact on the creation of an international organization in the 20th century.

Second, the UN also evolved out of the Concert of Europe that was created by the Congress of Vienna in 1815.

Third, the origins of the UN system can be also traced to The Hague Conferences, a pair of international meetings that were held 128 5 The United Nations and Global Governance in 1899 and 1907. The Hague system codified procedures for the prevention of war and the pacific settlement of conflicts, which extensively influenced the UN.

The Hague system also created techniques and practices such as arbitration, negotiation, legal recourse as well as significant legal regulations and institutions including the Convention for the Pacific Settlement of International Disputes, ad hoc commissions of inquiry, and the Permanent Court of Arbitration. More importantly, The Hague Conferences contributed to the formation of the UN by establishing and reinforcing the principles of universality and legal equality, because both nonEuropean states and relatively small states were included among the participants.

Fourth, the international bodies or international public unions were already established in the 19th century to settle common technical issues stemming from modern developments in communication, health, commerce, railroads, and agriculture. Growing out of the Industrial Revolution, they formed another example of early transnational integration and led to the creation of international public unions such as the Rhine Commission (1815), the Danube Commission (1848), the International Telegraphic Union (1865), and the Universal Postal Union (1874).

Finally, the League of Nations, established after the end of World War I, had a huge impact on the creation of the UN. In fact, the UN can be defined as “a child of the League of Nations”. The League provided a model for the normative and institutional structure of the UN. It is a fact that the UN derived important organizational features from the League such as the Secretariat and Assembly. By including other international agencies such as the International Labour Organization (ILO) and the Permanent Court of International Justice (PCIJ), the League also set a precedent for the UN.

On the other hand, the UN Charter also shared the ideals and many structural elements on which the League was built. The most remarkable example was that both organizations identified the promotion of international security and the peaceful settlement of disputes as their key goals. The UN has put more emphasis on the economic and social progress of nations than the League, because the Great Depression of the late 1920s was considered the root cause of World War II. As such, in the UN system the economic and social progress of societies has been appreciated for sustaining international security.

Roosevelt, Stalin, and Churchill agreed at the Yalta Conference, held in February 1945, that the permanent members would have a veto right in the Security Council, particularly on substantive issues such as enforcement actions in case of threats to peace and acts of aggression (Bennett, 1995:49- 50). At the Yalta Conference, the US and Britain accepted that, besides the Soviet Union, two Soviet republics, namely Ukraine and Belarus, would also become full members of the UN. Moreover, the Big Three called for an international conference in San Francisco in April 1945 to draw up the formal charter of the new organization. They also decided that governments that had not joined the United Nations’ war against the Axis powers by March 1, 1945, would not be invited to the San Francisco Conference.

The United Nations Conference on the International Organization convened in San Francisco on April 25, 1945. Delegates from fifty countries participated in the San Francisco Conference, where the Dumbarton Oaks Proposals provided the ground for negotiations (Mingst and Karns, 2012: 22). When Poland was agreed to sign the Charter as an original member, the UN had secured fiftyone states as founding members.

The United Nations System: Principal Organs and Their Functions

This section examines the six principal organs of the UN: the General Assembly, Security Council (UNSC), Secretariat, Economic and Social Council (ECOSOC), Trusteeship Council, and the International Court of Justice (ICJ). It should be noted that the UN system is complex; besides main organs, it contains many specialized agencies, programs, and funds.

The General Assembly

The General Assembly is the main deliberative body where all members of the organization can make their voice heard (Hanhimaki, 2008:33). Chapter IV of the UN Charter sets out the organization’s structure, functions, powers, and voting procedures. Similar to the League system, the General Assembly is the only UN body where all member states are equally represented. In other words, regardless of their size or power, each member state has only one vote. Compared to the Security Council, where the P5 states have veto rights, the General Assembly is considered to be relatively a democratic UN organ due to its “one state- one vote” formula and the majority rule in its decision-making process. As such, the General Assembly is based on the principle of the sovereign equality of states. Nevertheless, this does not mean that all states are equal in terms of their economic, political, or military power

The Security Council

The UN Security Council is the central organ in the UN system. The primary responsibility of the UNSC is the maintenance of international peace and security. Compared to the League, the architects of the UN wanted to create a more effective security mechanism (Hanhimaki, 2008: 30). The UNSC therefore has broad powers: it can investigate disputes that may pose a threat to international peace and security, and make recommendations toward resolving disputes peacefully. The Security Council has also powers to take diplomatic or economic measures against an aggressor state.

Most importantly, it can authorize military action (Bookmiller, 2008: 54). According to Article 24 of the Charter, the Security Council is mandated to act on behalf of all UN members. While Chapter VI includes the peaceful settlement of disputes with a range of noncoercive techniques, Chapter VII authorizes the Security Council to “identify aggressors and to commit all UN members to take enforcement measures, such as economic sanctions, or provide military forces for joint action”. Before 1992, all peacekeeping missions were mandated under Chapter VI; enforcement instruments were deployed according to Chapter VII on only two occasions. However, the Security Council has increasingly relied on Chapter VII, including economic sanctions and military action.

The Secretariat

Another principal organ of the UN is the Secretariat, which consists of a Secretary-General and thousands of international civil servants responsible for the day-to-day activities of the organization at the UN headquarters in New York as well as its regional offices around the world. Unlike the General Assembly, the UNSC or ECOSOC, the Secretariat is not constituted of delegates that represent member states. The Secretariat is composed of full-time employees who must perform their tasks impartially and promote the international goals of the UN, independent of their own nationality (Bennett, 1995: 74). As such, the UN Secretariat is considered the ‘second UN’ and has the capacity to exercise significant influence over the UN itself and occasionally on member states.

Chapter XV of the UN Charter clearly identifies the main tasks that the Secretary-General must fulfill:

• To act as the chief administrative officer of the organization,
• To act as the secretary in all meetings of the other principal organs of the UN,
• To perform other functions tasked by these UN bodies,
• To make an annual report to the General Assembly on the work of the UN,
• To bring to the attention of the Security Council matters that may threaten international peace and security,
• To appoint the UN staff under regulations established by the General Assembly

The Economic and Social Council (ECOSOC)

ECOSOC is the principal UN organ responsible for addressing international economic and social programs. Considered the most complex body of the UN system, the council aims to promote the welfare of the individuals, find solutions to global economic, social and health problems, and support human rights (Karns, Mingst, and Stiles, 2015: 129). Its structure, functions and power, voting, and procedures are detailed in Chapter X of the UN Charter. The Charter mandates ECOSOC to initiate studies and reports on economic, social, cultural, educational, health, and related topics, and make recommendations regarding such issues to the General Assembly. It can also recommend measures for promoting respect for human rights and fundamental freedoms.

ECOSOC mainly oversees and coordinates diverse agencies, commissions, committees, funds, and programs within the UN system. In this regard, the first group consists of eight functional commissions, five regional commissions, and other bodies. Because the Commission on Sustainable Development had been abolished in 2012, the number of functional commissions decreased from nine to eight. The first group organs are directly tied to ECOSOC. The second group includes 19 specialized agencies, including the World Bank, the International Monetary Fund (IMF), and World Health Organization. These agencies operate independently from ECOSOC. In the third group, there are programs and funds established by the General Assembly such as the UN Development Program (UNDP), the Office of the UN High Commissioner for Refugees (UNHCR), and the UN Children’s Fund (UNICEF). (Aslan and Aslan, 2014:99) These programs and funds submit reports to both the General Assembly and ECOSOC. The latter also has the authority to oversee the implementation of the Covenant on Economic, Social and Cultural Rights.

The Trusteeship Council

The Trusteeship Council, another principal organ of the UN, was established to oversee the administration of trust territories. The council was authorized to examine reports about the political, social, economic, educational development of colonial people and send special missions to these regions. The main objective of the council was to promote the decolonization process after World War II. It supervised the transition of 11 trust territories toward independence. The Trusteeship Council ended its operations following the independence of the Pacific island of Palau (the last trust territory) in 1994. It is considered one of the most successful UN bodies for its ability to help trust territories attain self-governance.

Basıc Principles and Main Purposes of the UN

Chapter I of the Charter outlines the basic principles and main purposes of the UN. They are:

• To maintain international peace and security,
• To develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples,
• To encourage respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion
• To be a center for harmonizing the actions of nations.

Article 2 identifies the basic principles underlying the structure and operations of the UN. Together with other rules provided by the Charter, these principles not only constitute the main obligations of member states but also define the legal framework to which they are committed.

First and foremost, the UN Charter establishes the sovereign equality of its members as the most fundamental principle upon which the UN is founded. Equality here means that all states are equal in terms of their legal status rather than their size, population, or political and economic power. As mentioned earlier, the “one state/one vote” rule in the General Assembly is based on this very principle of states’ sovereign equality. On the other hand, the design of the UNSC with its permanent membership and veto system reflects the power distribution and inequality among nations.

The key principles of the UN underline the maintenance of international peace and security as the primary goal. Toward this goal, two principles gain prominence. The first is the prohibition of the threat or use of force.

The second principle related to international peace and security is the peaceful settlement of international disputes. Article 2(3) provides that all members shall settle their international disputes through peaceful means so that they do not endanger international peace and security. Article 32(3) of the Charter also authorizes the UNSC to encourage regional arrangements (institutions) and individual states to promote the pacific settlement of local disputes. In addition, member states are obliged to support the enforcement actions of the UN and refrain from giving assistance to states against which such actions are taken. Moreover, all members have an obligation to “fulfill in good faith all the obligations assumed by them in accordance with the Charter”.

The only exception to the prohibition of the use of force is provided in Article 51 of the Charter. Article 51 establishes the right to self-defense of a state against armed attack. In case of armed attack, member states have the inherent right of individual or collective self-defense until the UNSC takes necessary measures. Members are obliged to immediately report their measures to the UNSC.

The non-interference in internal affairs of member states is another core principle of the UN. The Charter clearly prohibits the organization from intervening in matters that are essentially under the domestic jurisdiction of any state. The only exception is the application of enforcement measures taken by the UNSC. However, the distinction between the domestic affairs and international affairs is not that clear and this makes this principle of “noninterference” quite controversial.

The Role of the UN in Global Governance

International Peace and Security

Maintaining international peace and security is the primary objective of the UN. Moreover, despite some legal and political limits, the organization has decisive authority over states on matters concerning international security. In other words, global security governance constitutes a significant aspect of the UN’s responsibility and activities. Global security governance consists of a wide range of activities and issues, from controlling the flow of small arms and inspecting weapons of mass destruction to peacekeeping and peace-enforcement missions.

The pacific settlement of disputes is defined as the ‘diplomatic’ instrument of the UN that aims to help conflicting parties solve their disputes through peaceful and non-coercive means. The UN employs different techniques, including mediation, good offices, special envoys and missions as well as preventive diplomacy.

Peacekeeping is another significant tool of the UN with regard to promoting international security. It emerged as an innovation of the organization to adapt itself to the changing security conditions of international politics. Under the Cold War circumstances, peacekeeping was regarded as the only “realistic operational function” of the organization in maintaining international peace and security.

Following the end of the Cold War, peacebuilding gained further importance in international politics. SecretaryGeneral Boutros Boutros-Ghali particularly pioneered this process with his report, An Agenda for Peace, in 1992. In this report, post-conflict peacebuilding is defined as an “action to identify and support structures which will tend to strengthen and solidify peace in order to avoid a relapse into conflict.

Peace-enforcement involves coercive means that the UN can deploy against a state in order to maintain international security and peace (Hurd, 2014:138). As noted earlier, Chapter VII of the UN Charter provides the legal basis for peace-enforcement since it authorizes the UNSC to take the necessary measures, including the use of military force, to address aggression as well as threats to peace.

International Law and Justice

One of the most significant functions of the UN with regard to global governance has been promoting international law and justice. The UN plays a leading role in the creation of international conventions, treaties, and legal and normative standards that regulate political, economic, social, cultural and security aspects of global politics.

First, the work of the General Assembly is of great importance to the development of international law.

Second, as the judicial arm of the UN, the work of the ICJ also contributes to global governance in several ways. As pointed out above, the court provides states with an opportunity to settle their disputes through judicial means.

Third, the UN has a leading role in the promotion of the rule of law and justice in postconflict situations. In this regard, the UN has greatly encouraged the emergence of transitional justice, which includes both judicial and nonjudicial measures in addressing gross and systemic human rights violations after a period of oppression or armed conflict.

Human Rights

The protection of human rights is defined by the Charter as one of the main objectives of the UN. However, especially in the first two decades following the establishment of the UN human rights bodies, the power and responsibilities of these bodies were not clear. For example, the Commission on Human Rights, established in 1946, was not active in taking actions against humanrights violations. 1966 was a turning point in the UN’s approach toward protecting universal human rights; in 1966, the organization adopted two core international human rights covenants, namely “the International Covenant on Civil and Political Rights,” and “the International Covenant on Economic, Social and Cultural Rights”. The UN also gave a green light to the Commission on Human Rights to investigate human rights violations in South Africa.

The Office of High Commissioner on Human Rights (OHCHR) is another key human rights body within the UN system. Created by the General Assembly in 1993, it works closely with governments, civil society, and national and international human rights institutions. The business of the OHCHR is composed of setting human rights standards, monitoring human rights practices, and implementing global human-rights norms on the ground. The OHCHR also provides assistance to other UN bodies, including the Human Rights Council.

Development Assistance

The UN has been instrumental also in global economic governance, particularly through its global development policy. In fact, the organization has been defending the idea that improving the economic and social wellbeing of individuals is essential for international peace. The Charter identifies the promotion of higher living standards, full employment, and economic and social development as one of the main responsibilities of the UN.

Weaknesses of the UN and Reform Proposals

The UN was founded on the premise of equality, justice, and human rights. It has been trying to adapt itself to changing global conditions through institutional innovations and to address new demands and problems by creating new entities and bodies. Nevertheless, the organization has fallen short of expectations in achieving its major objectives. For this reason, the UN has been harshly criticized and has been subject to numerous reform calls. Moreover, there have been several reform proposals and efforts to increase the institutional capacity and effectiveness of the organization.

Most of the criticisms and reform calls are directed at two of the principal organs: the General Assembly and the UNSC. Critics of the Assembly underline that:

• The General Assembly has no coercive or binding authority. It is the most democratic UN body where all member states have equal voting rights, but its decisions are “recommendations” to member states rather than legally binding directives
• Its agenda items and decisions lack focus. For instance, the Assembly passed 239 resolutions in 2017 on a wide range of issues (General Assembly of the United Nations-D). Many of these resolutions are defined as “ritual resolutions” that include similar texts on repeated items, and their content is formulated in general terms without paying due consideration to their implementation.
• The end of the Cold War has led to changes in the influence of the principal UN organs. The UNSC and Secretariat have gained prominence within the UN system and become the center of most UN activities. However, the importance of the General Assembly has declined.

The composition of the Security Council is the most controversial aspect of the UN and has been criticized for several reasons:

• One of the harsh criticisms leveled against the Council is that it privileges the five permanent members (which reflects the balance of power at the end of World War II) and so fails to represent the changing nature of the international system, particularly in the post-Cold War era.
• Dueto the veto power of the five permanent members, the UNSC is regarded as an undemocratic body. Thanks to its veto power, any permanent member can block the decisionmaking process in the Council.
• The UNSC does not fairly represent the majority of UN member states, especially since the organizational membership increased from 51 to 193. Indeed, the UNSC’s 15 members form only 7.7 percent of all UN members. More importantly, the P5 countries constitutes merely 2.6 percent of the total member states.
• The UNSC also fails in terms of geographical representation of the world. Northern and European countries have been overrepresented in the Council while those from Africa, Asia, and Latin America have been underrepresented. What is worse, there is not any African or Latin American state among the P5.

Other UN bodies also suffer from structural problems such as poor coordination among its bodies and agencies, personnel issues, limited resources, and a lack of transparency and accountability. The Secretariat, for instance, has been harshly criticized for its failure to employ more women and promote them to leadership positions. Moreover, the Secretariat has also been criticized on the grounds of not being neutral, duplicating the tasks, and poor management.

Kofi Annan and Ban Ki-Moon took important steps to address these issues. Annan created a new body called the UN High Commissioner for Human Rights, which replaced three different departments. He also reduced the number of staff in the Secretariat and supported the idea of bringing UN development agencies under the ‘UN House.’

Finally, ECOSOC has organizational problems too. Expanding its scope of activity and number of affiliated entities has led to coordination problems and poor management. Besides, it is quite difficult for its 54 members with conflicting interests to reach a decision on economic and social matters (Aslan and Aslan, 2014:104). Nevertheless, it is argued that if ECOSOC were granted an authority similar to the UNSC, it would be more efficient and functional in addressing economic and social problems.