United nations diplomacy & dispute settlement.

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United Nations Diplomacy &
Dispute Settlement

PPAD 570
Presented to Ambassador.Sameh Aboul-Enein
By:
Mostafa Safwat
Omar Ezzat

Objectives and Values.

 Objectives of the UN:
1. The maintenance of international peace and security
2. The promotion of Human rights, fundamental freedoms as well as international
political, economic, social and cultural issues.
3. Cooperation between states both multilateral and bilateral relations.
4. The epicenter of cooperation for domestic and global issues.

 The primary values of the UN:
1. Facilitation of International Cooperation
2. Promotion of dialogue between member states
3. Adoption of peaceful means in dispute settlement.
4. Non-intervention within states domestic affairs, unless there is a violation of
Chapter VII, in order to maintain global peace and security.

The General Assembly

 The Key forum for multi-lateral diplomacy.
 All states have equal voting power.
 Discussions include budgetary concerns and issues.
 A key contributor to the development of
international law, resolutions and multilateral
treaties and a basis for the creation of customary law.
 Use of the “Uniting for Peace Resolution”, used when
Security council reaches a stalemate due to veto.
 Revises the UN Charter alongside the Security
Council.

ECOSOC
Economic and Social Council

 Objectives:
 Mainly concerned with economic and social issues
 54 members as of 1973
 Is in charge of managing around 75% of the United Nations Resources.
 The key coordinative body of UN functions and according to article 57 the ECOSOC is
responsible for coordinating agreements with autonomous specialized agencies under it’s
provisions.
 Works in the field of development, provides technical assistance alongside UNDP and
other specialized agencies.
 Functions:
 Gathering information, advising and making recommendations to member states,
provides policy coherence and coordinates UN functions.
 Promotes Economic and Social Cooperation.

ICJ
International Court of Justice

 The judicial organ of the UN.
 15 judges are elected for nine year terms by the General Assembly and the
Security Council.
 In charge of dispute settlement between member states in accordance with
International law, and the only entities that can present cases are States.
 Provides advisory opinions, when referred to by the GA or SC.
 ICJ has legal jurisdiction in all legal disputes only when the states involved
accept compulsory jurisdiction.
 Enforcement is based on voluntary compliance of the states involved, however
if a state does not comply usually the state is usually subject to the “power of
shame” which is considered negative if the state does not apply to the ruling.

The Trusteeship Council

 Responsible for overseeing the administration of the
non-self governing trust territories.
 Supervises activities such as annual reports and
visits to the concerned territories.

UN Secretariat

 Professional and clerical staff prepare UN organs
work and carry out their decisions in accordance
with the UN charter.
 Staff have neutral and objective stances on issues in
regards to member states and refrain from
promoting national interests.
 Recruited based upon competence and on a wide
geographical basis.

Secretary-General

 Secretary-General:
 Chief Administrative Officer
 Responsible for the annual report, which the GA
bases it’s actions upon.
 Responsible for global mediation in international
politics and reflects the structure of power within the
international system.
 Appointed for a renewable five year term based upon
the security council’s recommendation and two
thirds election by the GA.

The Security Council.

 Responsible for the maintenance of international peace and security.
 Five permanent members and 10 non permanent members which are
elected for two years and are based upon regional and geographic
groupings.
 Chapters VI and VII are the key working documents in dispute
settlement and are devised into the following:
 Chapter VI: Peaceful settlement of disputes.
 Chapter VII: Action is taken against threats to international peace
and security, which is due to the violation of peace and acts of
aggression, therefore giving the UN members to take sanctions and use
of military force.

Settlement of Disputes.

 The UN is the sole authority responsible for the
authorization of the use of force and to dictate the
use of sanctions.
 Article 2 of the charter states the following:
 -Obliges member states to settle disputes by peaceful
means.
 -Obliges them “to refrain in their international
relations from the threat or use of force against the
territorial integrity or political independence of any
state”.

Chapter VI:
Peaceful Settlement of Disputes

 Article 33 of the UN charter promotes negotiation, preventive
diplomacy, enquiry, mediation, conciliation, arbitration, judicial
settlement.
 Preventive Diplomacy: negotiation aimed at dispute prevention.
 Enquiry: Settlement facilitation by parties alone or with the help of a
third party and the objective of this method is to identify problems at a
root level.
 Mediation: Negotiation by third party, which aids the parties to find a
solution to the dispute at hand.
 Conciliation: reconciles parties in addition to settling the dispute.

Chapter VI:
Peaceful Settlement of Disputes

 Arbitration: legal character; settlement of disputes in international
law.
1. States must give their consent to submit a dispute to arbitration.
2. Arbitration tribunals are composed by one to nine arbitrators, parties
selecting an equal number of arbiters and agreeing on method to select
the last one.
 Judicial Settlement; ;legal character; basis of settlement in
international law.
1. ICJ and other international courts.
2. States must give their prior consent in order to resolve disputes.
(acceptance of the court’s jurisdiction)
3. States can withdraw their acceptance of the ICJ jurisdiction.
4. Within the European Court of justice, jurisdiction is mandatory to join.

Enforcement and Sanctions.

 Multilateral mandated sanctions are envisaged
within article 41 of charter.
 - Examples of it’s use: South Africa and Southern
Rhodesia (Zimbabwe) prior to the collapse of
apartheid, Iraq after it’s invasion of Kuwait and up
until the US invasion in 2003.

Chapter VII: Restoration of International Peace and
Security

 Chapter VII
1. the determination of any threat to the peace, breach of the peace or act of
aggression and to take all necessary means military and non military action to
restore international peace and security.
2. Therefore giving authority to take strict measures against that commit the
aforementioned actions, thereby committing all UN members to take
enforcement measures such as sanctions and military force against the state
which is the aggressor.
3. Grants or withholds collective legitimization for international war. For
example:
 Iraq 1990 (UN approved)
 Iraq 1999 and 2003 (Vetoed)

Reforms.

 Issues within the UN:
1. Size and composition of membership:
2. There should be better geographic and geostrategic
representation.
3. Granting veto power to non permanent members or
the abolition of the veto power all together.
4. Integration of Non-State actors.

United nations diplomacy & dispute settlement.

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