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After the Second World War, the United Nations Charter was created with the goal of uniting nations and fostering a global order that would guarantee peace and calm among the various countries in the world. In addition to improving security in nations that have not yet achieved stability, the main goal of the United Nations Charter was to promote peace and harmony among the various countries in the world. The charter must also guarantee that the cultural, social, and economic requirements of the member states or member countries are taken into account. Therefore, the United Nations Charter enhances friendliness amongst the member states to the United Nations trough the promotion of human rights and addressing the humanitarian problems that could be in existence amongst the countries or the member countries. The presented argument herein is that despite its many weaknesses, the United Nations Charter continues to be the constitution of the international community
The significant contribution that the United Nations charter has brought about is a United World. Since the formulation of the Charter, the member states, through the representation of the heads of states have been meeting annually to discuss the fundamental issues that affect humanity in the world. Some of the serious concerns that the United Nations charter addresses include environmental concerns, justice and poverty alleviation. Therefore, the charter is a document that seeks to affirm the need for cooperation amongst different countries in the world. The drafting of the charter is known to have taken place in 1945 through the affirmation and commitment by 51 states to promote peace. The Allies victory against the Axis is the trigger effect to the formulation of the treaty as the nation made a commitment to peace and security within their borders. The key themes that the 51 countries agreed to commit to including peace, human rights, improvement in the living conditions for people, social progress and the affirmation of positive growth process amongst the different nations or countries in the world.
The United Nations charter has a set of 19 chapters each with a series of articles that helps in the governance and operational procedures of the United Nations within the international real. Notably, the first article of the first chapter lays emphasis on the need for promoting security and peace in the world and the harmonization of the diffract actions by the different countries to foster peace and security in the world. The second article recognizes the sovereignty of each of the member states and promotes the need for peaceful consideration in seeking solutions to the various international feuds that may be existent amongst the different countries or states. Justice and the rule of law are the guiding principles or the governing factor in the enhancement of peace and collaboration amongst the countries that are bound together by the charter.
The third chapter of the article lays emphasis on the membership of the United Nations through the ratification of the charter and further recognition of the principles that are being advanced by the United Nations in the enhancement of the humanitarian ideals of the society. The fourth chapter lays emphasis on the functions of the general assembly with each member state of the United Nations contributing about five members in the convening of the general assembly. The general assembly has the role of voting on the various agreements that are promoted by the United Nations with the fifth chapter delving on the composition and functions of the Security Council. The Security Council is one the strongest organs of the United Nations and consists of fifteen members of the United Nations. The primary function of the Security Council is to enhance better relations amongst the countries that constitute the United Nations.
The other chapters of the United Nations delve on additional roles of the United Nations such as the pacific settlement of disputes, threats to peace, regional arrangements, international economic and social cooperation, declaration of the self-governing territories. Other include the trusteeship system and council, international court of justice, the secretariat, miscellaneous, transitional security arrangements, amendments and the ratification of signature by the United Nations.
Weaknesses of the United Nations Charter
The first weakness of the United Nations Charter is the need to enhance peace and stability amongst all the states in the world. Currently, terrorism is increasingly becoming an issue of concern in the world with the United Nations having little control to fight such vice. The fight against terrorism has often been jeopardized since the member countries do not have any territory that is recognized as a state, thus, limiting the entry of the United Nations within such contexts. Notably, the establishment of an international military is the only sure way that the United Nations can pursue to enhance peace and security in the world. According to Article 43 and 45 of the United Nations Charter, the United Nations Security Council has the mandate of implementing a joint military action that would enhance peace in the world. However, such must be supported by the member states in the world. However, the weakness of the charter is evident in its lack to enforce commitment amongst the member countries to contribute. As such, the United Nations military structure has not been operation owing to the lack of engagement amongst the various member states.
Second, the United Nations charter does not value democracy. The charter grants more power to the powerful countries that played a lead role in the ending of the Second World War. Notably, the charter still recognizes the permanent members of the United Nations to be the United States of America, Russia, France, China and the United Kingdom. The Security Council is the most powerful organ that is recognized within the charter. The permanent members having and exclusive right in making decision over the composition of the United Nations Security Council leads to laxity in some countries to commit to the agreements of the United Nations member countries.
The United Nations charter further recognizes the International Court of Justice as the legislative arm of the United Nations. However, the charter fails to grant assurance that the rulings that are to be made by the court will be enforced by the member states. The role of the international court of justice is to step into the controversies that could be affecting the different countries. However, some permanent members of the United Nations, such as the United States of America have laxity to offer their commitment to enforcing the rulings of the court within their jurisdictions. As such, more member states to the United Nations increasingly have the laxity to commit to the decisions of their court, thus, diluting the role and importance of the court. Notably, many international crimes are being a commitment in the process of globalization and many countries having legal feuds against each other. The inability to grant power to the International Court of Justice undermines the rule of law that needs to be upheld by all the member countries. Additionally, the insistence of the member countries to maintain their sovereignty further waters down the role that the functionality of the court within the global realm.
United Nations Charter as the Constitution of the International Community
The United Nations charter sets the legal framework that is used by the international community to strengthen the rule of law and further promote human rights across all the states. As a constitution, the United Nations charter addresses various governance issues that could be existent in the society. For example, the charter highlights the agreements that have been made by the member states and help in the formulation of legal framework and programs that could be put in place to promote the effective governance processes and procedures within the selected countries. A constitution spells out the legalities, and legal provision then creates room for the creation of a legal framework and programs to support to given requirements.
The legal issues that the current United Nations charter address include disaster relief, democracy, human rights, environmental awareness, women empowerment, social development, and governance. The additional legal issues that the charter addresses include health, food production and the enhancing of peace in the world. Consequently, the international community has the right to contextualize the provisions of the legal statutes within their local countries and use them in the formulation of the laws that would enhance or facilitate their governance process.
The operationally of a constitution is an essential process in improving the rule of law within any given country. Notably, the success of the agreements that have been by the United Nations as a credit to the charter affirms the efficacy of the charter as an international agreement that is recognizable amongst the various nations that are in existent in the World. For example, the establishment of programs by the United Nations to promote peace has resulted in the decline in the global conflicts by about 40%. Various international agreements are also recognizing the validity of the statutes that have been discussed under the United National Charter.
The United Nations has often laid more emphasis on the need t increase the budgets for the military and peacekeeping troops to lead to a more safer and peaceful world. The decision by the United Nations not to publicly share the total value of the money that they collect towards the peacekeeping missions in primarily driven by the need to enhance the credibility of the military sleuth that is used by the organization to fight the criminal elements. Such is the situation that has been replicated amongst the international organizations that have also organized itself to promote the ideas of security and economic prosperity. For example, the African Union and the G7 have organized themselves to promote the ideals of their countries through opening up of markets for trade and contribution towards the peacekeeping missions that are facilitated by international agreements.
The United Nations charter is in existence in the form of an international treaty of an international agreement that is recognizable and enforceable by the member states. As an international treaty, the charter has the constitutional threshold of influencing the law making processes within the member countries. The charter is the creator of the international law. International law is developed through the legal agreements that are done by the member states with the commitment of the international community to domesticate the agreements within the contexts of the legislation in each member country. The constitution is the set of laws that are used in the governance process. The Charter is the document of international law that is used as a guiding factor to the promotion of peaceful and good governance ideals in the international community.
The primary intent of a Constitution is to promote the legal and societal order that further promotes peace and good coexistence amongst the member states. Such are the very ideals that the charter promotes with the intent of involving even the non-member countries in the promotion of the positive ideals in affirming the constitutionality of the agreements developed under the auspices of the international law. The San Francisco agreement is widely believed to be the constitutional order that promotes the right ideals in the global order. The creation of the United Nations Charter is thought to have begun to post the First World War with the need to bring order in the global real and stop any form of fighting that was being evidenced by the member states and the private actors. According to the legal scholars, the constitution serves to create a new global order.
A constitutional document has the moral authority to outline the system of governance that is to be used in the entrenchment of the law within the society. Notably, the United Nations Security Council has the right to invoke the secondary law in addressing the breaches to international peace. Therefore, the constitutionality of the Council is limited ration material. As such, the Security Council has the power to rule on the subject matters that are related to the good governance needs that seem to border on maintaining peace and protecting the human rights of the global citizens.
The Charter has the provision of ratification by signatures as the primary basis of a state affirming its important role in the promotion of peaceful ideals in the society. Through the ratification by signatures, the international community accepts to be bound by the provisions of the charter and further affirm their commitment to domesticate the laws that are made in line with the provisions of the charter. Therefore, the Security Council of the United Nations has the role of contributing to the international law and enforcing the laws that are related to the enforcement of positive cohesion and a good system of governance amongst the member states.
The design of the constitution often addresses the roles and functions of the executive, judiciary, and the legislature. The Security Council and the general assembly are tasked with the administrative duties and revision and the establishment of the international law that can be proposed for application within the member states. Such has been affirmed in chapter XIV of the United Nations. Additionally, the ICJ is the judicial organ of the United Nations that is used in the arbitration of the international disputes that has been realized amongst the different member states.
The adoption of the United Nations Charter has seen countries come to par regarding aligning their operations that resonate with the global outlook. However, we cannot run away from complexity and issues pertaining implementation of the charter by individual member states. Some of the challenges mentioned herein form part of the issues of governance and peace efforts that the charter aims at achieving.
The charter lacks the institutional framework in countries that are party to it. This is because it has the supranational hence permitting sound decisions that are binding without having the consent of parties involved. This creates a gap, where it oversteps this mandate by creating a rift between the constituted institutions with a country and the countries constituents. The fact that in most cases, only the votes of the permanent members being considered superior creates a rift in overstepping other member states mandate. With a Secretariat in place under the treaty, the United Nations Charter ensures that there is a budget brought to a shared pool for them to perform their duties under Article 100. Hence, it is upon the secretariat to budget and gives direction on the most appropriate budget overheads, depending on the needs and trend on the changing global perspective. The changes such as global warming experienced in the recent past have seen a paradigm shift towards mitigation of global warming, a factor that will have negatively adverse effects. The effects are to be felt across the globe. Hence the mandate under the UN Charter is invoked to enable the actors therein come on board to support the initiative.
Like in the Reparation case, the United Nations had a responsibility of bringing a case against State to its agents whom it claims to protect. The Conferment of powers under the Charter gives the bodies falling under the United Nations Charter treaty to take responsibility and protect her agents. Thus, the lack of willingness to act makes the implementation and impact of such mandate to be limited. Such limitations provide the dilemma in the enforcement of the UN charter discussed herein, due to the supremacy of the law. In totality, the gaps under the UN charter has created room for more treaties that are determined to create a lasting solution to future problems. The creation of compromising agreement for increasing protection of various entities provides the supremacy and the overruling of the charter.
Another shortcoming is in Article 34 of the UN Charter. Under the article, it only recognizes the state as the party with the jurisdiction before it, meaning that individuals who may seek arbitration before it may not get the justice that they deserve. Hence, access by different entities is limited, meaning even the United Nations parties cannot be part of any serious contentious legal proceeding. The gaps herein create the punching bag for the charter, yet its ratification is a challenge.
The United Nations Charter has got an indelible nature in that the member states has a procedure in getting to become members, whereas for a constitution, the laws written I it is free ones that the member states feel are within their jurisdiction. This has often created a rift in the implementation of the charter where a member joins on board and has laws that may be seen as contravening the existence of the treaty. This has always been a major headache for such countries who must live to the expectation of such agreement, failure to which has the risk of facing sanction therein.
The preamble of the United Nations Charter recognizes the people as the core mandate within their provision of protecting. It states, ‘we the people’ meaning that the first point in case is protecting people of the nation. With protection being key to achieving all other sectors, there is need to champion policies and issues that are oriented towards protection from effects of war, human rights champions, protect social progress and establishment of better platforms for seeking legal justice. All these are aimed at streamlining the operations of countries to champion the well-good of the citizens in its development of the constitution, and even at amendments level, they are supposed to be within the mandate stipulated above.
Being a member of the United Nations, a country has significant benefits that accrue to it; the UN charter forms a basis of a country being part of the international law where there are laws governing war, settlement of disputes amongst nations, protecting people or citizens of countries. It is usually assumed that in setting up a constitution or following out a countries constitution, the application of law should be governed by the rule of law of that country, and the UN charter if the said country is a member, or whichever is superior. This creates the complexity in most cases as making a judgment that they must consider all these factors, for they are legally binding. The setting of UN Charter has led to the creation of various bodies that try to address the chapters of the treaty in a holistic way, with the aim of streamlining their operations to the charter's mandate. As a result, member countries have had the opportunity of adopting the UN charter, which sets out nearly all aspects of what an entire constitution would entail. In fact, most countries have used the charter as a basis for setting out their constitution that aims at reaching the overall mandate of the UN charter. A point in case is the use of International Court of Justice, an organ of the United Nations in dispensing cases. This provides a point of reference for streamlining the operations towards the realization of the charter. In war tone nations such as Syria, the UN has been essential in ensuring peace and stability of the member state. This has been a key pillar to the UN in ensuring it sends it peacekeepers, who are paid by the coffers of the member states contribution, through the UN Security Council, International Monetary Fund who try to ensure that peace and stability remain key to a countries growth.
The rise in terror threat and related security concerns has always been key to the UN Charter and member states. The increase in terror groups has seen a new and modern way of advancement of terror groups, and the UN members are working round the clock, together with member countries to avert the threats posed by such terror organizations. Member states who are always at risk usually seek refuge in the UN charter to apply for protection and help to secure its borders and her citizens. Through peacekeeping missions, they tend to provide a middle ground for negotiations and restoring peace in war tone areas, as well as providing relief in times of such under Chapter IX of the chapter of providing.
The UN Charter has room for the adoption of other treaties that seem to be more proactive. In coming up with the Millenium Development Goals, there were needs of championing economic growth and stability from 15 different angles. This was made possible through the internationally recognized development goals that were in the Millennium Declaration and later transitioned to the Sustainable development Goals. Their adoption is characterized with the wellness of constitution that has the mandate of protecting her citizens from the advance advancement of certain undetermined conditions and creating the conducive environment to champion them.
Under Article 103, the UN Charter is given supremacy over the various dimensions that it encompasses. This power is emphasized in areas where the obligation is attached most with a bias to peace and security, meaning that it triumphs even the rule of the land when it is compromised. The fact that the treaty cannot be revoked puts a clear indication of the intention to serve member parties uniformly and even non-member states. This ensures that rights of individuals are of greater importance and the charter mandates the various organs the responsibility of execution of the articles, for the benefit of peace and stability. When countries fight, the fight usually has a devastating effect, not only on it and her citizens, but also to the neighboring countries. This creates the need for United Nations to swing into action before the fight escalates rapidly, to protect greater damage to the economy and stability of others. The Security Council powers under the treaty surpass the constitutionality of the constitution of the member country. A sitting government may have pro-government groups and opposing groups that would in most cases create tension amongst its constituents. Under Chapter VI, the power is laid therein with the UN Charter meaning that any member states responsibility is limited to the treaty. Hence it is more of a self-regulating field.
Decolonization is also another positive step in the right direction. Chapter XII and Chapter XIII are clear indicators of the understanding of the removal of colonization from actors who perpetrated colonization. The UN Charter gives options of peaceful seeking of ways of unchaining the bondage associated with colonization. This is aimed at strengthening peace and security, the fact that most countries have gained through their sovereign powers to protect their boundaries. It is more evident that However, there is need of grant more powers to the International Court of Justice with the member states being compelled to address the judgments that are being issued by the court. In the current system, many members of the United Nations ratify the ruling of the court at will with the argument o the countries protecting their sovereignty when in the real sense; they are undermining the judicial authority of the United Nations as affirmed in the Charter. Additionally, there is need to enhance the political will amongst the member states to the United Nations on the need to domesticate the international laws agreed and supported by the charter. For example, the creation of the United Nations military has often been thwarted by the lack of commitment of the United Nations members to offer support and approve of such an institution to be placed under the control of the United Nations Security Council.
The United Nation Charter is a constitutional framework with chapters and article that grants powers to the various organs of the United Nations with the accrual intent of entrenching good governance in the global orders. Most importantly, the two agencies that are charged with the making of the international law are the United Nations General Assembly and the United Nations Security Council. The Security Council is the strongest organ of the United Nations constitution all the permanent members and the elected members to serve on the council. Apart from the charter of the United Nations, there is no additional supporting frames of the international law, thus, guaranteeing the Charter as the primary basis for the formulation of the international law process. The customary international law such as the legislation of the sea and pacta sunt servanda are held by the charter, thus affirming the crucial and critical role that the charter as being the basis for the formulation of the international law. According to article 103 of the charter, where there is a conflict in the obligations of the different countries to the international law, the provisions of the charter become supreme and are applied in resolving the legal impasse that my result. The Charter guarantees both executive and judicial powers, thus affirming the constitutionality of the document and the need to domesticate the text in the constitutions of the members’ states.
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