Introduction to the United Nations

• The UN, founded on October 24, 1945, by 51 countries after WWII, aims to maintain international peace and security, develop friendly relations, and promote social progress and human rights.
• As of the last recorded update, it comprised 193 member states with South Sudan being the most recent country to join in 2011.
• Its headquarters are located in Manhattan, New York City
• Other main offices can be found in Geneva, Nairobi, and Vienna.
• Changes to the UN require unanimous agreement and signing by all member countries.
• The UN is not a state but an international organization.
• A state is defined by having sovereignty

UN Organs

• The UN system comprises several key organs, collectively referred to as USESI:
• The UN General Assembly
• The Security Council
• The Economic and Social Council
• The Secretariat
• The International Court of Justice

UN General Assembly

• It functions through recommendations, budget management, and elections
• All 193 UN member states are represented.
• It meets in regular annual sessions.
• Membership is open to any nation agreeing to abide by UN laws.
• Each member state has one vote.
• The General Assembly passes non-compulsory resolutions, lacking legislative power, and its resolutions are not legally binding.
• An example of the UN's work includes the Universal Declaration of Human Rights (1948).
• The Assembly makes decisions through a majority vote for standard resolutions and a 2/3 majority for important resolutions, such as those concerning the budget and elections.

Security Council

• It is tasked with resolutions for peace and security.
• It consists of 15 members, including 5 permanent veto-wielding members: China, France, the Soviet Union (now Russia), the United States, and the United Kingdom.
• The permanent members' veto power means any one of them can block the adoption of a proposed resolution.
• The other 10 members are elected by the General Assembly for 2-year terms.
• Adoption of compulsory resolutions distinguishes it as the most powerful part of the UN, and its resolutions are binding on all UN member states.

Economic and Social Council

• The entity promotes collaboration among states on economic and social matters.
• It has 54 members who are elected by the General Assembly to serve 3-year terms.
• This council coordinates specialized agencies such as UNESCO, WHO, and ILO, providing them with guidance and support.
• UNESCO promotes science, culture, and education
• WHO promotes health and global well-being
• ILO promotes social justice and decent working conditions has its headquarters in Geneva, Switzerland, and consists of 185 member states, preparing conventions in labor issues, including 188 conventions and 198 recommendations.
• Conventions created are legally binding
• Recommendations made provide guidance but are generally not legally binding.

Secretariat

• It is headed by the UN Secretary-General, currently António Guterres since 2017.
• The Secretary-General is elected by the General Assembly upon the Security Council's recommendation, serving a 5-year term.
• The Secretariat offers administrative support to all UN organs and bodies and serves as a neutral facilitator to ensure smooth operation of the UN, but with no decision-making power.

International Court of Justice

• It functions as the main judicial body of the UN.
• It is located at the Peace Palace in The Hague.
• 15 judges compose the court.
• These judges are elected by the UN General Assembly.
• Judgments are made by a relative majority of the judges.
• The court enforces judgments through the Security Council, which also has the power to veto any decisions made by the ICJ.
• It handles disputes between states that recognize its jurisdiction.
• The ICJ exercises judicial power only in cases where countries permit or request its involvement.
• The court's caseload is relatively small, with approximately 190 cases, as its power is limited by countries' willingness to cooperate with it.

International Criminal Court

• It functions as a national public law institution, not a UN organ
• The permanent court has jurisdiction to prosecute individuals for the most serious crimes of concern to the international community.
• The court which was created July 1, 2002, is located in The Hague.
• The court complements national judicial systems.
• Ratification refers to the formal process of a country approving or confirming a treaty, agreement, or law, involving necessary legal procedures and making the country legally bound by its terms.

The Protection of Human Rights

• It represents key mandates of the UN and a subject of international public law.
• The subjects include Sovereign states
• The International Committee of the Red Cross
• The Holy See (Vatican)
• The Sovereign Military Order of Malta
• Individual persons are not considered subjects of international public law (IPL).

Sources of Law

• Customary international public law sets minimum standards of human rights considered binding on all sovereign states.
• Human rights encompass the right to life and liberty, freedom from slavery and torture, freedom of opinion and expression, and the right to work and education.
• The UN Security Council enforces these rights.
• The Charter of the UN promotes human rights and serves as a basis for treaties.
• It establishes five UN institutions to protect and promote human rights, but does not directly provide for their protection.
• Human Rights Treaties are the most effective mechanism for protecting human rights.
• These treaties create binding agreements between agreeing signing countries.
• Individuals can file complaints of human rights violations under these treaties.
• Examples include the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR),.
• Specific treaties like those addressing slavery
• The Universal Declaration of Human Rights (UDHR) is a non-binding declaration created by the UN General Assembly.

UN Human Rights Institutions

• The 5 main UN HR entities:
• Human Rights Council: A general body within the UN responsible for promoting and protecting human rights globally
• UN High Commissioner for Human Rights: Provides leadership and support for the global HR system, integrating human rights into all areas of the UN's work
• UN High Commissioner for Refugees : Protects refugees, asylum-seekers, and stateless persons
• Human Rights Committee: Monitors the implementation of the International Covenant on Civil and Political Rights (ICCPR)
• Committee on Economic, Social and Cultural Rights: Monitors the implementation of the International Covenant on Economic, Social and Cultural Rights (ICESCR)

Human Rights Council details

• Established in June 2006, as a successor to the UN Commission on Human Rights
• It functions as a subsidiary body of the UN General Assembly, reporting to the assembly.
• It consists of 47 members serving three-year terms, with a maximum of two consecutive terms.
• Members are distributed among UN regional groups and elected by the GA with an absolute majority.
• A member that violates human rights can be suspended via a two-thirds majority.
• Libya was suspended in 2011 due to human rights violations
• The Human Rights Council features (4) instruments which includes:
• Universal Periodic Review: It reviews the human rights records of all UN member states
• Advisory Committee: Provides advice and recommendations to the council
• Complaint Procedure: Allows individuals and organizations to bring human rights violations to the council's attention.
• Special Procedures: Involves independent experts who investigate and report on human rights issues in specific countries or regions.
• The Universal Periodic Review introduced by the 2005 UN reform process, is a political forum used as a mechanism for international re-dress of human rights abuses.
• It reviews human rights records of member countries every 4.5 years based on the Charter of the UN, the Universal Declaration of Human Rights, and other related instruments
• A trio of countries presents the review, and the UPR Working Group adopts the final report, to be implemented by the country concerned, or (=> “persistent non-cooperation) it can face sanctions.
• The Advisory Committee consists of 18 members and provides expert opinions to the HR council on a range of human rights issues, and they replaced the former Sub-Commission on the Promotion and Protection of Human Rights
• The Complaint Procedure is a mechanism operated by two working groups established by the UN HRC to address violations of HR worldwide and allows all groups to submit for review to the council.
• Special Procedures address specific countries or thematic issues related to human rights, who report to the Human Rights Council at least annually, providing insight to human right issues.
• The Evaluation process ensures that countries with poor human rights records do not become members of the HRC.
• Despite ongoing procedures some problematic countries have been elected to the council.

UN High Commissioner overview

• The UN High Commissioner for Human Rights is a senior UN official responsible for overseeing and promoting the protection and realization of human rights.
• Established in December 1993 by the UN GA, the High Commissioner reports directly to the UN GA and serves a four-year term
• The current Commissioner has been Mr Volker Türk (Austria) since 2022.
• The UN High Commissioner for Refugees (UNHCR) is a specialized agency dedicated to protecting and supporting refugees Established December 1950.
• The UNHCR assists refugees and provides access to shelter, food, water, healthcare, education, and legal assistance.
• The entities director serves a 5 year term, and currently is Mr. Filippo Grandi (Italy) since 2016.
• The Human Rights Committee is composed of 18 experts appointed by member states. It examines individual complaints and considers reports submitted by 162 UN member states.
• They focus on civil and political rights, including freedom of expression, fair trials, and the right to life under the ICCPR charter.
• However, the Committee can only consider complaints against states that have ratified the First Optional Protocol to the ICCPR and must update the Committee within three months on what steps it has taken to address the violation.
• The Committee on Economic, Social and Cultural Rights comprises 18 experts appointed by member states who provide guidance and recommendations on the implementation of the ICESCR.
• This allows individuals to submit complaints alleging violations of their economic, social, or cultural rights by a state. While the CESCR can consider complaints, its decisions aren't legally binding.
• The Council of Europe, an international organization with 47 member states, focuses on legal standards, human rights, the rule of law, and democratic development.

European Court of Human Rights

• Headquarted in Strasbourg was established in January 1959.
• It operates in accordance with Art. 19 of the European Convention on Human Rights.
• The court's jurisdiction covers all 47 member states of the Council of Europe, hearing cases related to the European Convention on Human Rights, established in 1950.
• Its jurisdiction focuses on inter-state cases.
• Individuals can submit applications to the court alleging that a contracting state has violated their human rights.
• Cases include Princess Caroline vs Germany
• The Council of Europe's Commissioner for Human Rights, an impartial institution, promotes human rights awareness.
• The current commissioner is Ms. Dunja Mijatović (Slovenia, 2018).
• The European Union also has the Court of the European Union based in Luxembourg, with jurisdiction over the EU Treaty and the Treaty on the Functioning of the EU.
• National states have their own courts including constitutional courts which have jurisdiction over national law/constitution and binding legislation, which they are responsible for protecting through fundamental rights.

Human Rights & Fundamental Rights

• Fundamental rights protect individuals from abuses of power by their own state or government.
• Human rights protect individuals from abuses of power by any state or government
• Fundamental Rights serve as a shield against state interference (status negativus)
• Fundamental rights have no direct effect on legal relationships among individuals because they are given by the state via public law.
• Civil Law = laws are codified (written), more flexible, and adaptable to new cicrumstances
• Common Law = a legal system that is based on a written code of laws.
• This can influence the interpretation and application of the law by the court, impacting how disputes between individuals are resolved
• Civil Law deals with the rights and duties of individuals (contract, property, family and tort law)
• Public Law deals with the relationship between individuals and the state (constitutional, administrative and criminal law)

Contract Law

• It governs legal relationships between individuals that is based on the principles of equality enforced through protect rules protecting weaker parties
• Special protective rules include; consumer, labor, and lease contracts.
• Principles of equity allow courts to interpret the laws even when there is no clear solution
• This can not limit fundamental rights and conflicts will render the contract void

Law of Torts

• It allows an injured person to receive compensation from the injurer
• An absolute right which when violated intentionally is liable for damages
• Similar Right, if violated is interpreted in the light of fundamental rights, potentially on the tort law
• A "Fair balance" refers to a legal principle that requires the courts to establish a balance between conflicting interests determined by discretion.

WTO Overview

• The World Trade Organization (WTO) established January 1, 1995, by the Uruguay Round, following GATT agreements since 1948 involves 164 member states
• WTO Goals are; globalized rules, rules for world trade agreed between states, protection through the public international law, lowering tariffs, preventing trade wars, and settling trade disputes.
• The governing body is overseen be the Ministerial Conference
• General Council reviews Trade Policy and settles disputes
• 3 main areas of focus involve: The Council for trade in goods, services, and TRIPS, with chairmen assigned to each, responsible for overseeing compliance with member provisions.
• Some core vales incluse:
• Stability: To ensure that exporting companies face no surprises when trading with other countries with governments negotiate rules on imports
• Participation: Every country is free to join and operate on Consensus decisions = all members must agree on the decisions
• Transparency: Govts inform about their trade policies to prevent protectionism and show the WTO info available.
• Openness: Discussion rounds are held, potentially privately until hearing occurs, and a ruling happens.
• Some basic legal trade principles
• Non discrimination of countries for any reason
• Most favored nation rule (MFN)
• Equal Prices and favours for all.
• Some exceptions to this rule, regional free trade areas, customs unions, and developing countries.
• National treatment = EQUAL TREATMENT for domestic & import -Imported/Domestically produced must be equal -Gradually Negotiate free trade.
• Be Predictable to enable market security
• Discourage anti-dumping and safeguard duties
• The WTO helps resolves Disputes with talk, reports, appeals and sanctions. A process is involved after a country violates a provision involving an arbitrator to reach a resolution.