This article is written by Ms.Sreya Saloni 2nd year law student Lloyd Law College, Greater Noida.
Abstract:
International organizations have a significant impact on the creation of international law by establishing and enforcing norms and standards. Examining the UN’s role in creating and enforcing international law, this study centers on the UN as a significant international organization. International law has been developed, codified, and put into practice by specialized UN bodies as the International Law Commission (ILC), the United Nations General Assembly (UNGA), and the International Court of Justice (ICJ). The United Nations facilitates constant communication, recognizes new issues, creates international laws and policies, offers channels for amicable conflict resolution, and works with other global and regional organizations. International organizations hold significant influence in the global arena, with the ability to mediate disputes, maintain peace, impose sanctions, and oversee global governance, among other functions. Additionally, they support the resolution of global concerns and important areas of concern on a worldwide scale, including resource depletion, climate change, global health policy, and the management of “global commons.” Nowadays, international organizations are crucial to solving practically all of the 21st century’s political and economic problems. The neutrality, impartiality, and independence of international organizations are their most crucial characteristics.
Although in the case of United Nations Establishing an environment that promotes justice and respect for the duties emanating from treaties and other sources of international law is one of the main objectives of the United Nations Charter, but for a long time, a number of circumstances, including the recurring distractions from the Cold War and served as a vital restraint on the UN. They were therefore unable to commit the whole amount of energy required to achieve this goal. Nonetheless, the international community has a distinct chance to increase the application and efficacy of the international rule of law in the post-Cold War world.
Historical background:
The international legal system that regulates relations between nations, especially those that affect their domestic sectors, underwent some progress during the height of the Cold War; yet, the outcomes may be criticized for their lack of consistency or efficacy. Many subjects were covered by multilateral treaties, but many standards were effectively weakened as a consequence of the necessity to balance a wide range of interests that reflected regional and national concerns as well as occasionally political rivalry. Other standards were adopted using ambiguous language that allowed for many different interpretations. Given to its special position in the globe, the United Nations and its agencies were essential in helping to arrange and support the international talks that led to the signing of several multilateral treaties. Regarding international standards
During the Cold War, the United Nations made impressive strides in meeting the demands of the global community. Since the United Nations’ founding, several multilateral treaties impacting diverse areas of international interaction have been completed under its auspices, and many of these have been lodged with the Secretary-General of the United Nations.
In many cases, the international community was able to overcome its innate divisions in order to reach consensus and create international mechanisms to address the issues at hand when there was an obvious need to address a shared problem and when the issues were clearly defined without being obscured by specific political considerations. In several instances, the non-governmental sector’s pressure on governments was the crucial element in getting states to the negotiation table and working toward workable solutions.4 During this time, significant intergovernmental procedures that involved not only the great majority of the international community but also the non-governmental sector, which played a crucial role, resulted in some of the treaties that were finalized. Over 500 multilateral treaties covering a wide range of human interaction have been lodged with the Secretary-General as of this writing. They cover subjects including human rights, humanitarian issues, the seas, sustainable development, and terrorism. The topics that fall under this category include international criminal concerns, organized crime, space exploration, commodities, drugs, disarmament, transportation, communications, and the like. These accords form a complex network of vital international rules that have greatly enhanced global conditions.
Multiple aspects of sustainable development are covered by the ever-growing collection of multilateral treaties that the international community has concluded. The identification of a number of issues in the sphere of global nature led to an accelerated development in the number of multilateral environmental treaties in the late 1980s and early 1990s. These issues were too complex to be adequately handled at the federal level by themselves. As a result, the entire world community had to address them.
The United Nations’ Role:
In accordance with this, the UN initiated a project in 1999 to determine the primary policy objectives for the Organization in the twenty-first century. This was a part of an effort to refocus the Organization’s efforts on its fundamental tasks, consistent with the goals of the Charter, at a time when resources were running low and worries about the direction of the UN were voiced. Unsurprisingly, the UN determined that the second-most crucial objective for the organization in a new nation was to consolidate and develop the international rule of law. the environment, development, human rights and humanitarian issues, and peace and security were the others. Much of the political, social, and economic progress made in recent years has been based on the extension of the rule of law in international relations, as the Secretary-General noted. It will surely enable further advancement in the upcoming Millennium. The speaker went on to say, “The new millennium is a fitting time to restate and refocus our organization’s main goals. One of the top priorities in international politics is establishing the rule of law. The Organization made it abundantly evident that the expansion of the global rule of law might benefit human rights, development, environmental protection, peace and security, and many other facets of international relations, all of which have a beneficial influence on people’s lives and means of subsistence. Comparably, the advancement of the international rule of law would undoubtedly help to increase responsibility for transgressions of international standards, predictability and security in international interactions, and the protection of individual rights and the global commons. The UN created A Strategy for an Era of Application of International Law in light of this.
The Organization further emphasized the value of the international rule of law in its Millennium Declaration, which included several paragraphs addressing the necessity of peaceful dispute resolution, treaty implementation in areas like arms control and disarmament, international humanitarian law, international human rights law, and coordinated action against terrorism, promoting democracy, and all internationally recognized fundamental freedoms and human rights, including the right to development.
United Nations Treaty Collection
In this regard, the United Nations Treaty Section has made its vast collection of treaties—which total more than 50,000 bilateral treaties—available online in an effort to further promote the spread of international legal principles. Furthermore, a comparable quantity of associated measures that have been registered with the UN are available online, significantly implementing Article 102 of the UN Charter and the Regulations. Additionally, the secretary general has the status reports for over 500 international accords.
The whole texts of bilateral treaties, recorded up to 1998, are now accessible online in their original languages with translations into English and French (where needed). Depending on funding, the objective is to have all treaties up to 2000 registered by the end of 2002. Additionally, all more than 500 multilateral treaties that have been lodged with the Secretary-General may now be viewed to see the most recent status updates every day. The majority of these multilateral treaties’ whole texts are currently accessible on this website in each of the six official languages, and it is planned to soon make all of them available in this format. Due to its extensive scope, this exceptional compilation has emerged as a vital information resource for attorneys, diplomats, scholars, and members of the public sector. The Secretary-General’s regularly updated status of multilateral treaties is a great resource for practicing attorneys, particularly those involved in international legal disputes.
The U.N. Treaty Collection on the internet offers a convenient source of precedents, advances the formation of legal principles, and guarantees openness in international relations—all of which were important goals for the drafters of the Charter when they included article 102.
It is hoped that having the U.N. treaty collection readily available on the Internet will encourage more informed discussions and contribute to the further democratization of the processes involved in developing international law, particularly at a time when individuals and non-governmental organizations are starting to take a more active role in the creation and subsequent application of international legal norms. NGOs now always play a part in international talks. They attend international discussions in great numbers to ensure that their perspectives are heard, they petition governments in capital cities, and some even serve in national delegations.
Online Resources for Aid
A variety of websites have been built by the Secretariat and the UN organs and agencies to help them make the best use of electronic media in order to teach and advise governments on various aspects of international law or just to give information. Information about cases before the International Court of Justice, including its rulings, may be found on its website.36 A variety of resources are available from the United Nations Commission on International Trade Law (UNCITRAL), including its model legislation. A “methodical collection and distribution mechanism for information on court decisions and arbitral awards relating to the Conventions and Model Laws that emanated from the work of the commission” is case law on UNCITRAL Texts (CLOUT). A very informative website is also maintained by the Office of Legal Affairs of the United Nations, Division of Ocean Affairs and Law of the Sea. The U.N. Codification Division of the Office of Legal Affairs website offers a variety of information and recommendations for other resources. A new initiative aimed at offering a thorough summary of the support available is the Office of Legal Affairs’ Technical Assistance website. It also aims to serve as a one-stop shop for assistance-related information. Because of its affordability and ease of use, the U.N. family has started to use the electronic media extensively to help governments with technical and substantive issues by providing information. For example, the United Nations Environment Programme (UNEP) maintains a very comprehensive Website. In addition to providing an extensive overview of its work, it also provides guidance on the assistance available.41 The High Commissioner for Human Rights also provides a range of assistance.
Significant training takes place in the relevant areas through U.N. bodies and specialized agencies such as the United Nations Development Programme (UNDP), the United Nations Childrens Fund (UNICEF), the World Intellectual Property Organisation (WIPO) and the International Labour Organisation (ILO). Similarly, nations that apply for it through the same channels might get assistance with the internal execution of their treaty commitments. A growing number of governments and U.N. agencies are subcontracting some NGOs to teach people. Human rights and humanitarian problems are two areas in which the International Committee of the Red Cross is heavily involved. In the area of sustainable development, the International Union for the Conservation of Nature offers a great deal of support. Bilateral aid sponsored by the government is being used for this purpose.
Final thoughts:
The significance of the international organisation in the international laws can be seen by, the scope and intricacy of some of the multilateral treaties that the international community has recently enacted serve as a stark reminder of the potential and difficulties present in this field. The United Nations, together with its organizations and agencies, provide the secretarial assistance and negotiation forums for the majority of these multilateral treaties, which address a wide range of human interaction. Numerous new multilateral treaties in the fields of the environment, health, food and agriculture, organized crime, terrorism, human rights, humanitarian affairs, and disarmament are still being negotiated in the framework of the United Nations and its agencies. During the first four days of its opening for signature in December 2000, over 120 countries signed the Palermo Convention against organized crime, which addressed serious concerns raised by the international community. The convention included two protocols, one on trafficking in women and children and the other on smuggling illegal immigrants.
In 2001, a third protocol to the Palermo Convention was established, addressing the unlawful manufacture and trafficking of small guns. The 1998 Rome Statute of the International Criminal Court, which has garnered 139 signatures and 76 ratifications, will undoubtedly provide a formidable obstacle for local law draftsmen. The Rome Statute, which has complicated provisions that must be translated into domestic jurisdictions, establishes an international tribunal with jurisdiction over crimes against humanity, war crimes, genocide, and aggression that are deemed particularly heinous by the international community.
Recent environmental treaties address issues such as biosafety, prior informed consent procedures for specific hazardous materials, liability and compensation for damage resulting from the transboundary movement of hazardous wastes, and persistent organic pollutants.
The United Nations and its agencies, including the Sixth Committee of the General Assembly, play a crucial role in developing international conventions. These conventions address issues such as terrorism, terrorist bombings, and financing of terrorism. However, effective implementation at the domestic level is essential. The Sixth Committee is currently considering drafts on nuclear terrorism, comprehensive terrorism, human cloning, and small arms and biological weapons initiatives. These initiatives may take years to reach agreement within the international community.
The United Nations (UN) has made significant contributions to advancing international rule of law, largely due to its influence and the U.N. Charter. This has resulted in a culture of compliance with international rules of conduct, influencing the international community today. However, much remains to be done before the U.N. realizes its Charter-mandated responsibility.
Reference:
Written by- Jacques Fomerand, Cecelia K Lynch, Karen Mingst.
The International Rule of Law and the Role of the United Nations on JSTOR