Role Of United Nations In The Development Of International Law

1. Introduction: As there is no international legislature and the international police force the only way by which the international law can be passed and enforced, is the consent of the states. It’s cannot be expected that, every states will agree in different situation and subject matter so that a strong international organization like United nations , need to do this for maintaining peace and security of the whole world. A Law must be flexible and up to date as the situation and time, so the international law also need to developed as the circumstances. The United Nations plays a vital role in the development, codification of International law.

The International Law Commission, established by the General Assembly in 1948, is the primary institution responsible for these activities. 1. 1. The United Nations: The United Nations is world’s largest, foremost, and most prominent international organization. The stated aims of the United Nations include promoting and facilitating cooperation in international law, international security, economic development, social progress, human rights, civil rights, civil liberties, political freedoms, democracy, and the achievement of lasting world peace.

The UN was founded in 1945 after World War II to replace the League of Nations, to stop wars between countries, and to provide a platform for dialogue. It contains multiple subsidiary organizations to carry out its missions. Since 2011, the UN has 193 member states. From its offices around the world, the UN and its specialized agencies decide on substantive and administrative issues in regular meetings held throughout the year. The organization has six principal organs: 1. General Assembly (the main deliberative assembly) 2. Security Council (for deciding certain resolutions for peace and security); 3.

Economic and Social Council (For assisting in promoting international economic and social cooperation and development) 4. Secretariat (for providing studies, information, and facilities needed by the UN) 5. International Court of Justice (the primary judicial organ) 6. United Nations Trusteeship Council (which is currently inactive)1 Due to its unique international character, and the powers vested in its founding Charter, the Organization can take action on a wide range of issues.

The work of the United Nations reaches every corner of the globe. Although best known for peacekeeping, peace building, conflict????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????? ????? ? ? ? prevention and humanitarian assistance, there are many other ways the United Nations and its System prevention and humanitarian assistance, there are many other ways the United Nations and its System affect our lives and make the world a better place. 2 1. 2. International law: International Law defines the legal responsibilities of States in their conduct with each other, and their treatment of individuals within State boundaries.

Its domain encompasses a wide range of issues of international concern such as human rights, disarmament, international crime, refugees, migration, problems of nationality, and the treatment of prisoners, the use of force, and the conduct of war, among others. It also regulates the global commons, such as the environment, sustainable development, international waters, outer space, global communications and world trade. 3 2. Relationship between international law and United Nations: International law is a primary concern of the United Nations.

The mandate for the activities in this field emanates from the Charter of the United Nations which, in its Preamble, sets the goal “to establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained”. It is obvious that, in the world there need a rules and regulation for the maintaining the peace and security and also need to enforced that rules and regulation. As given above it is not easy to do because the philosophy of the states will be different according to the point of view of theirs. So need a strong and effective international organization, which is the United Nations.

3. Role of United Nations on the development of international law: The United Nations, like the League of Nations, has played a major role in defining, codifying, and expanding the realm of international law. The International Law Commission, established by the General Assembly in 1948, is the primary institution responsible for these activities. Sixth Committee (Legal) of the Generate may then either convene an international conference to draw up formal conventions based on the draft or merely recommend the draft to states. The ????????????????????????????????????????? ??????????????????????? ?ISSUES ? INTERNA? ONALLAW ? ????? ? ??

International Court of Justice reinforces legal norms through its judgments. The commission and the committee have influenced international law in several important domains, including the laws of war; the law of the sea, human rights, and international terrorism’s Assembly receives the International Law commission’s reports and debates its recommendations. 4. Impact of General Assembly in the development of international law: The General Assembly is the main deliberative body of the United Nations. It is one of the six principal organs of the United Nations and the only one in which all member nations has equal representation.

Its powers are to oversee the budget of the United Nations, appoint the non- permanent members to the Security Council, receive reports from other parts of the United Nations and make recommendations in the form of General Assembly Resolutions. It has also established a wide number of subsidiary organs. 4The General Assembly has adopted a number of multilateral treaties throughout its history which created a great impact on the development of international law, including: 1. Convention on the Prevention and Punishment of the Crime of Genocide (1948) 2. International Convention on the Elimination of All Forms of Racial Discrimination (1965).

3. International Covenant on Civil and Political Rights (1966) 4. International Covenant on Economic, Social and Cultural Rights (1966) 5. Convention on the Elimination of All Forms of Discrimination against Women (1979) 6. United Nations Convention on the Law of the Sea (1982) 7. Convention on the Rights of the Child (1989) 8. Comprehensive Nuclear-Test-Ban Treaty (1996) 9. International Convention for the Suppression of the Financing of Terrorism (1999) 10. Convention on the Rights of Persons with Disabilities (2006)5 A large number of committees exist as the Subsidiary Organs of the General Assembly. United.

Nations General Assembly Sixth Committee (Legal) and the International Law commission are the primary institution responsible for the development of International law. A brief discussion ??? !”#$”? %&? # $? ‘()#$*? (! #)%(+?????????? ),?? -?????????????????????????????????????????.???????? ????? ? ? ? about United Nations General Assembly Sixth Committee (legal) and the International Law Commission is given below: 4. 1. United Nations General Assembly Sixth Committee (Legal): The United Nations General Assembly Sixth Committee (Legal) is one of the main committees of the United Nations General Assembly.

The Sixth Committee is the primary forum for the consideration of legal questions in the General Assembly. The UN General Assembly has an express mandate to promote the progressive development of public international law. Article 13 of the UN Charter establishes, in particular, that the “General Assembly shall initiate studies and make recommendations for the purpose of: (…) encouraging the progressive development of international law and its codification”.

6 Subsequent practice has interpreted this provision as a broad authorization to elaborate new treaties on the widest range of issues, to adopt them, and to recommend them to states for their subsequent signature, ratification, and accession, While international law-making negotiations take place in a variety of specialized bodies of the United Nations, depending on their actual subject-matter, those negotiations related to general international law are usually held at the Sixth Committee.

The Sixth Committee has universal membership, that is, all member states of the United Nations are de jure members of the Sixth committee. The following treaties and resolutions have been negotiated, as a whole or in part, at the Sixth Committee: 1. The 1961 Vienna Convention on Diplomatic Relations.

2. The 1969 Vienna Convention on the Law of Treaties 3. The 1970 Declaration on Principles of International Law, Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations 4. The1973ConventiononthePreventionandPunishmentofCrimesagainstInternationally Protected Persons, including Diplomatic Agents 5. The1978ViennaConventiononSuccessionofStatesinrespectofTreaties(Protectionof Diplomats Convention) 6. The 1979 International Convention against the Taking of Hostages (Hostages Convention) 7. The 1995 Convention on the Safety of United Nations and Associated Personnel /? ‘?????? (?.????0???????!??????

1? “?????? 2?????????? 3?????? 456?!???? 7? 1????????????.??????? 8?? 3? #??? 9? 8????? 2? )??????.????? :??? ;%? 2????? %? 2???? ‘?? <????? 1?????? 3?? ==>???????? /? @??? >? ????? ? ? ? 8. The1994DeclarationonMeasurestoEliminateInternationalTerrorism,Also1996 Supplement to the Declaration, adopted by General Assembly resolution 51/210, 17 December 1996 9. The1997InternationalConventionfortheSuppressionofTerroristBombings(Terrorist Bombing Convention) 10. The 1997 Convention on the Law of Non-Navigational Uses of International Watercourses 11. The 1998 Rome Statute of the International Criminal Court 12.

The 1999 International Convention for the Suppression of the Financing of Terrorism (Terrorist Financing Convention) 13. The 2001 Draft Articles on the Responsibility of States for Internationally Wrongful Acts 14. The 2005 International Convention for the Suppression of Acts of Nuclear Terrorism (Nuclear Terrorism Convention) 15. The 2005 United Nations Declaration on Human Cloning Since 2000 the Sixth Committee has been elaborating a Comprehensive Convention on International Terrorism to complement the existing counter-terrorism instruments. That proposed treaty has not yet been adopted. 7 4. 2. International Law commission:

The International Law Commission was established by the United Nations General Assembly in 1948 for the “promotion of the progressive development of international law and its codification”. 8Several attempts have been made in the effort to codify international law. The work which led to the International Law Commission was begun in the Resolution of the Assembly of the League of Nations of 22 September 1924, which established the Committee of Experts for the Progressive Codification of International Law. The United Nations adopted many concepts of the League’s resolution in Article 13, Paragraph 1 of the Charter of the United

Nations, which stated: “1. The General Assembly shall initiate studies and make recommendations for the purpose of : (…. ) encouraging the progressive development of international law and its codification. ” >???????????? 8????????????? 8?? ‘????? A(?.??? A0?????? A!?????? 1A+???? A???????? AB? 5:???? B? 4 5? ‘?????? (?.???? 0???????!?????? 1? “?????.???! C”$+C? >? ;))? -???? ? ? ? As an expert legal body, its task is to prepare draft conventions on subjects, which have not yet been regulated by international law and to codify rules of international law in fields, where there already has been extensive State practice.

International Law Commission since its inception in 1948 has been making great contributions towards the codification and progressive development of international law. Its works in drafting several international conventions including the Geneva Convention on the Law of the Sea, Vienna Conventions on diplomatic and consular relations, Vienna Conventions on the Law of Treaties, are its commendable achievements.

The Commission’s endeavors are continuing not only in further codification of international law, but also in its study, observation, appreciation, understanding and evaluation of the emerging norms of international law and practices, as are so manifest in the proceedings of its annual sessions and reports presented before the international community. 9 Reservation is one of the thorny issues of the Law of Treaties.

Although the conditions and consequences of reservation have been fairly well laid down in the Conventions of 1969 and 1986, many things have remained ambiguous, as subsequent developments have so demonstrated. This especially relates to reactions and objections of the other parties to the impermissible and invalid reservations. The International Law commission has rightly taken up the issue to shed light on these and other problems primarily based on the state intention and practices.

Another area on which the International law commission is working is the interpretation of treaties. The Study Group formed for the purpose has particularly focused on the significance of the subsequent agreements and the subsequent practices of the parties as a means of the interpretation and application of treaties which have long term perspective to continue to operate i. e. Treaties over time. This relates to Article 31(3) (a) & (b) of the 1969 Vienna Convention.

Three Articles on the interpretation of treaties in the Convention contain all the necessary ingredients and guidelines for the interpretation. To make out the intention of the parties is the central point of the provisions on interpretation in the Convention. However, this intention is presumed to be reflected in the text of the treaty. This is also ought to be conditioned by the objective of the treaty as well as by the context and the circumstances under which the treaty was signed.

10 One of the problems regarding the work of the commission is the capability of governments to ignore its conclusions and refrain from accepting its recommendations when formulating conventions. However, it is not easy for any institution or individual to measure the outcome of the totality of the state practices over any period of time. ILC can legitimately claim to be one 4?????????????? 1???????????????????????? ?=? 9??!?? 9????? 8???????? 2?????? 9?? +????!???? 3? Comments of the Law Commission 1st ed. (Eastern law publishers) /???? ? ? ? such institution which has the potentials, resources, experiences and urge to do the work objectively.

5. Enforcement of international law?and the Collective security system: The system established by the United Nation for the maintenance of international peace and security was intend to be comprehensive in its provisions and universal in its applications. It has often termed a collective security system, since a wronged state was to be protected by all, and a wrongdoer punished by all. 11 The Security Council of the United Nations, international law and the International court of justice are directly related with each and other. In recent time rapidly increased range and activity of the Security Council and the International court of justice.

The International Court of Justice is the primary judicial organ of the United Nations. It is based in the Peace Palace in The Hague, Netherlands. Its main functions are to settle legal disputes submitted to it by states and to provide advisory opinions on legal questions submitted to it by duly authorized international organs, agencies, and the UN General Assembly.? Article 94 establishes the duty of all UN members to comply with decisions of the Court involving them. If parties do not comply, the International Law may be taken before the Security Council for enforcement action. 6. Criticism of the United Nations:

Ok, it is true that United Nations plays a vital role in the development of international Law.? The question arises why we need laws?? The obvious answer will be, for maintaining the peace and security but why the United Nations cannot handle international conflicts, even on a small scale? Unlike the General Assembly, the United Nations Security Council does not have true international representation.? There are five permanent members of the United Nations Security Council (China, France, Russia, the United Kingdom and the United States), who are all nuclear powers, have created an exclusive nuclear club whose powers are unchecked.

In recent time most of the violations of International Law are made permanent members of the United Nations Security Council.? Osama bin Laden was killed by US special operation forces in Abbottabad, Pakistan, on May 2, 2011. 12 The United States has declared that bin Laden’s death is a great victory in its war on terrorism.? But by executing cross-border military actions, the US has in fact violated the ??? 9??????? (?????? 3Interna? onal Law, Fourth edi? on(Cambridge University Press) ????????????????????????????? D?? E? F??? EGFHEF???? E? F?????? E??? F?? E? F??? E? G? F<?? E=? $! I&G!? F??? E??? B?! B? &B? &???????????????

B? &?? B? &?? 5?? >5? B? &?? B? &????? A???? C ?????? A?????? A??????? A?????.??? A2????? B? &HB? *’????? B? -? =+????? B? -? =+?????? B? -? =%????.??? B? -? =&????? F?? E0=-#’J:H:? >)? I2?? )0)!? F??? E! &IG? (02? 0<KA:>C 7? 5? ,? G? 0-I/,L+/?? F???? E5I? M? N?? J%? K? /A<? H=? ,! >???? ? ? ? international law, infringing on Pakistan’s sovereignty and integrity. That is one example of the violation of International Law by them.? Invasion in Iraq and Afghanistan are worst example of violation of International Law made by USA but what did United Nations do? Nothing . United Nations acts when and only when USA wants it to act.

Why United Nations has taken any action against USA and UK as it is now amply clear that there were no weapons of mass Destruction in Iraq, we all knows very well that is only because they are powerful. The substantive development of law means it should be enforced and equal for all which the United Nations failed to provide. 7. Conclusion: It should be bear in mind that, many problems are exist but those are not reducing the importance of United Nations. Still now the United Nations can play a vital for the batter enforcement of International law and also the development of it..

Non-nuclear power states should be in the security council of the United Nations. Veto power of the permanent members is reducing the effectiveness of United Nations. It should be done in democratic way, by the consent of the majority of the nations. Equal representation should be existed for balancing the power. 5???? ? ? ? References: 1. Malcolm N. shaw, International Law, Fourth edition (Cambridge University Press) 2. Martin Dixon,? Textbook on International Law, sixth edition (Oxford University Press) 3. Arif Khan, INTERNATIONAL LAW AND HUMEN RIGHTS BANGLADESH PRESPECTIVE (CCB foundation) ?? Hari Om Agarwal ,? International Law & Human Rights, (Central Law Publications).