• Fri. Jun 9th, 2023

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Principles of United Nations – International Law

Objectives of United Nations

Principles of United Nations Article 2 of the Charter lays down the basic principles on which the organization is based. These principles are the general obligations that bind each member state and the organization as a whole.

These are the purpose-

1. The organisation  is based on the equality and sovereignty of the members.

 According to this principle, all members of the organization are equal, whether small or large.

 But this theory is not a complete theory. According to the charter, some special rights have been given to the permanent members.

According to Article 27, all important questions in the Security Council require the affirmative consent of the five permanent members. Therefore, according to this provision, all the members are not equal.

 The amendment of the Charter also requires the affirmative consent of the five permanent members.

2. The second principle of the United Nations is that in the exercise of their rights and benefits as a result of their membership, all members shall in good faith fulfill all their obligations under the Charter.

3. All members shall resolve their international problems peacefully in such a way that international peace, security and forgiveness are not threatened.

It states that “all members shall settle their international disputes by peaceful means in such a manner as to maintain international peace and security.”

4. Principle of non use of force

 This principle is laid down in Article (2) paragraph (4) of the Charter.

Article (4) states that all members shall not threaten or use force in their international relations against the territorial integrity or political independence of any State or in any manner inconsistent with the purposes of the United Nations.

 This principle is primarily one of the objectives of the United Nations, that is, to maintain international peace and security.

Paragraph (4) of Article (2) itself prohibits war with respect to war. This principle is so important that jurists have called it a “universal principle”, “public international law”, a “universally valid principle of international law” and a “must adhere to” ( Principle of jus Cogens).

5. The Principle of assistance to the United Nations.

 This principle is laid down in clause (5) of article (2).

 It describes the two ways by which a State may give assistance to the United Nations-

(a) No Member State shall provide any assistance to a State against which the United Nations is collectively taking preventive and enforcement action.

(b) All members shall support the organization in any action that it takes in accordance with the Charter. But the Security Council can relieve some members from this responsibility according to Article 48.

(6) Principles for non-member states

This principle is laid down in clause (6) of Article (2) of the Charter.

In accordance with clause (6) the Organization shall ensure that States which are not members of the United Nations act in accordance with these principles, in so far as is necessary for the maintenance of international peace and security. In a matter relating to compensation for injuries sustained in the service of the United Nations under clause (6) of Article (2), the International Court of Justice held that the United Nations has been granted international personality not only in relation to its members but also in relation to non-members by the Charter.

On the basis of clause (6) of Article (2), trade prohibition was imposed against South Rhodesia several times between 1965 and 1977, while Rhodesia was not a member of the United Nations.

 (7) The principle of non-interference in the domestic internal affairs of the State

This principle is laid down in clause (7) of Article (2) of the Charter.

Article (2) states that the United Nations shall not intervene in matters which are necessarily within the internal jurisdiction of a State, or compel any member to entrust the disposal of such matters to the United Nations.

 There is also an exception to clause (7) of article (2), that is, the above principle shall not apply to collective action taken under Chapter 7 of the Charter.

 Chapter-7 deals with collective action to maintain international peace and security.

The organs of the United Nations are certainly not clear and firm on whether a matter is internal for action under clause (7) of article (2). The United Nations appears to have accepted the decision of the Permanent International Court of Justice in the Tuning Morocco Nationality Decree suit. It was decided whether a matter is internal or not, it is based on the development of international relations. The principles of non-interference have been propounded in both Articles 2(4) and 2(7) of the United Nations Charter, but there is a difference between the two. Article 2(4) has the principle of non-interference by the states, while Article 2(7) has the principle of non-interference by the United Nations.

 International Law