Malcolm Rivera
The foundational treaty of the United Nations (UN) is known as the Charter of the United Nations, or the UN Charter. The UN Charter is considered an international treaty and an instrument of international law, and it outlines the purposes, governing structure, and overall framework of the UN system. It consists of a preamble and 111 articles grouped into 19 chapters. The UN Charter was signed on June 26, 1945, in San Francisco, and came into force on October 24, 1945, marking the official starting date of the United Nations.
| Characteristics | Values |
|---|---|
| Name | Charter of the United Nations |
| Other Names | United Nations Charter, UN Charter |
| Type | Founding document, Treaty |
| Purpose | Establishes the purposes, governing structure, and overall framework of the UN system |
| Chapters | 19 |
| Articles | 111 |
| Signatories | 51 initial members |
| Date Signed | 26 June 1945 |
| Date Entered into Force | 24 October 1945 |
| Amendments | 3 (in 1963, 1965, and 1973) |
| Members | 193 parties |
| Principal Organs | 6 |
| Organs | Secretariat, General Assembly, Security Council, Economic and Social Council, International Court of Justice, Trusteeship Council |
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What You'll Learn
The Charter of the United Nations
Chapters I and II of the Charter outline the purposes of the United Nations and the criteria for membership in the organization. Chapters III to XV, the bulk of the document, describe the organs and institutions of the UN and their respective powers. The six principal organs of the UN are the Secretariat, the General Assembly, the Security Council, the Economic and Social Council, the International Court of Justice, and the Trusteeship Council. Chapters XVI and XVII describe arrangements for integrating the UN with established international law, while Chapters XVIII and XIX provide for amendment and ratification of the Charter.
The UN Charter mandates the UN and its member states to maintain international peace and security, uphold international law, achieve "higher standards of living" for their citizens, address "economic, social, health, and related problems", and promote "universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion". The Charter also codifies the major principles of international relations, such as the sovereign equality of states and the prohibition of the use of force in international relations. As an international treaty, the UN Charter is an instrument of international law, and UN Member States are bound by its rules and obligations, which supersede those of other treaties.
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The UN's founding document
The founding document of the United Nations is known as the Charter of the United Nations, or the UN Charter. It was signed on 26 June 1945 in San Francisco, at the conclusion of the United Nations Conference on International Organization. The UN Charter entered into force on 24 October 1945, marking the official starting date of the United Nations.
The UN Charter is considered an international treaty and an instrument of international law, with rules and obligations that are binding on all members. It establishes the purposes, governing structure, and overall framework of the UN system. The Charter consists of a preamble and 111 articles grouped into 19 chapters. The preamble contains a general call for the maintenance of peace and international security, as well as respect for human rights.
The six principal organs of the UN, as outlined in the Charter, are the Secretariat, the General Assembly, the Security Council, the Economic and Social Council, the International Court of Justice, and the Trusteeship Council. The UN and its member states are mandated to maintain international peace and security, uphold international law, and promote universal respect for human rights and fundamental freedoms, regardless of race, sex, language, or religion.
The UN Charter has been amended three times, in 1963, 1965, and 1973, to adapt to the evolving needs and challenges of the international community. The Charter also provides a mechanism for its own alteration, requiring a two-thirds vote of the conference and subsequent ratification by two-thirds of the UN members, including all permanent members of the Security Council.
The creation of the UN and its foundational Charter was preceded by a series of conferences and declarations during World War II, as the Allied nations envisioned a postwar world order. The term “United Nations” became synonymous with the Allies during the war, reflecting their unity and shared goals. The Declaration of St James's Palace, issued in London in 1941, was a pivotal moment, calling for the "willing cooperation of free peoples" to ensure economic and social security for all. This was followed by other significant declarations, such as the Atlantic Charter and the Declaration of the Four Nations, which laid the groundwork for the establishment of a new international organization to maintain peace and security.
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The UN's six principal organs
The foundational treaty of the United Nations (UN) is the Charter of the United Nations, commonly referred to as the UN Charter. This charter establishes the UN's purposes, governing structure, and overall framework, including its six principal organs: the Secretariat, the General Assembly, the Security Council, the Economic and Social Council, the International Court of Justice, and the Trusteeship Council.
The UN Charter is an international treaty that acts as an instrument of international law. It outlines the major principles of international relations, such as the sovereign equality of states and the prohibition of the use of force in international affairs. The UN's six principal organs, established by the UN Charter, are as follows:
The Secretariat
The Secretariat is the administrative arm of the UN, composed of civil servants who carry out the day-to-day operations of the organization. Led by the Secretary-General, the Secretariat collects and analyses data, conducts research, maintains facilities, provides interpreter services, and translates documents into the UN's official languages. The Secretary-General is the chief administrative officer of the UN and serves as its public face. They are appointed by the General Assembly for a five-year, renewable term, upon the recommendation of the Security Council.
The General Assembly
The General Assembly is the primary deliberative, policymaking, and representative organ of the UN. It consists of all 193 UN Member States, each of which has one vote. The Assembly meets annually in September to address pressing issues, make decisions, and provide recommendations on matters such as peace and security, admission of new members, and budgetary concerns. Decisions on important questions require a two-thirds majority. The Assembly also oversees the budget, appoints non-permanent members to the Security Council, and establishes subsidiary organs and programmes.
The Security Council
The Security Council is responsible for maintaining international peace and security. It investigates acts of aggression and other threats to peace, attempting to settle disputes through peaceful means. However, it also has the authority to impose sanctions and authorize the use of force. The Council consists of 15 members, five of which are permanent members (China, France, the Russian Federation, the UK, and the US), while the other ten are elected by the General Assembly for two-year terms. A decision by the Council requires nine votes, including the votes of all five permanent members.
The Economic and Social Council (ECOSOC)
ECOSOC is the principal body for coordination, policy review, dialogue, and recommendations on economic, social, and environmental issues. It serves as a central forum for discussing global challenges in these areas and formulating policy responses. ECOSOC has 54 members, elected by the General Assembly for overlapping three-year terms. It provides oversight for subsidiary and expert bodies, promoting sustainable development, and implementing internationally agreed-upon development goals.
The International Court of Justice
The International Court of Justice, also known as the World Court, is the primary judicial organ of the UN. It is based in The Hague, Netherlands, and is the only principal organ not located in New York. The Court settles legal disputes between states, in accordance with international law, and provides advisory opinions on legal questions referred to it by authorized UN organs and agencies. The Court is composed of 15 judges, serving nine-year terms, elected by the General Assembly and the Security Council.
The Trusteeship Council
The Trusteeship Council was established in 1945 under the UN Charter to oversee the 11 "trust territories" that emerged from World War II. These territories, formerly administered by the League of Nations or seized from defeated nations, required supervision to ensure their administration served the interests of their inhabitants and international peace and security. While the Trusteeship Council suspended its operations in 1994, it cannot be formally dissolved without amending the UN Charter.
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The UN's purposes and principles
The foundational treaty of the United Nations (UN) is the UN Charter. The Charter outlines the purposes, governing structure, and overall framework of the UN system. It consists of a preamble and 111 articles grouped into 19 chapters.
Article 2 of the UN Charter outlines specific principles that guide the UN's actions and relations with its members. This includes the prohibition of the threat or use of force in international relations, the obligation to assist the United Nations in any action taken in accordance with the Charter, and the principle of non-intervention in the domestic affairs of any state.
The UN also has principles that extend beyond its internal relations. These include ensuring that non-member states act in accordance with its principles, promoting universal respect for human rights and fundamental freedoms without distinction, and encouraging the development and diffusion of environmentally friendly technologies.
The UN Global Compact, derived from the Universal Declaration of Human Rights, the International Labour Organization's Declaration, the Rio Declaration, and the United Nations Convention Against Corruption, outlines ten principles for businesses to uphold their basic responsibilities. These include eliminating discrimination in employment, supporting a precautionary approach to environmental challenges, and working against corruption.
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The UN's constitutional questions
The UN's foundational document, The Charter of the United Nations, has raised constitutional questions since its inception. The Charter, which came into force in 1945, establishes the UN's purposes, governing structure, and overall framework, including its six principal organs: the Secretariat, the General Assembly, the Security Council, the Economic and Social Council, the International Court of Justice, and the Trusteeship Council.
One of the key constitutional questions surrounding the UN Charter concerns the role of the Security Council in relation to congressional declarations of war. The creation of the UN Security Council, with its mandate to ensure global peace and security, has prompted debate over whether a Security Council resolution can function as a constitutional substitute for a congressional declaration of war or authorization for the use of military force. While some observers argue that presidents are not required to obtain congressional authorization when the Security Council approves the international use of force, others contend that the Security Council cannot supersede domestic legal processes outlined in national constitutions.
Another constitutional question arises from the North Atlantic Treaty, which requires collective self-defense among NATO countries. This has sparked discussions about whether this requirement usurps Congress's power to declare war. However, it is argued that Article 5 of the treaty does not infringe on the power to declare war, as it only commits NATO countries to take necessary measures without automatically engaging in war.
The UN Charter also raises questions about the integration of post-war international institutions into existing constitutional systems. The Charter's mandate for all UN members to contribute to international peace and security through agreements with the Security Council must be navigated within the constitutional processes of each signatory state.
Furthermore, the UN Charter's provisions for the General Assembly to discuss and make recommendations on issues related to international peace and security, as outlined in Article 35, may intersect with the roles of other constitutional bodies, such as national legislatures or other regional organizations.
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Frequently asked questions
The constitution of the United Nations is called the Charter of the United Nations, or the UN Charter.
The UN Charter is the founding document and foundational treaty of the United Nations. It establishes the purposes, governing structure, and overall framework of the UN system, including its six principal organs: the Secretariat, the General Assembly, the Security Council, the Economic and Social Council, the International Court of Justice, and the Trusteeship Council.
The UN Charter mandates the UN and its member states to maintain international peace and security, uphold international law, achieve higher standards of living for their citizens, address economic, social, and health problems, and promote universal respect for human rights and fundamental freedoms without distinction as to race, sex, language, or religion.
Any alteration of the UN Charter must be recommended by a two-thirds vote of the conference and then ratified by two-thirds of the UN Members, including all permanent members of the Security Council.
