We often hear only negative things about the actions or failures of the United Nations. It is slow bureaucratic machinery, it did not manage to prevent the war in Iraq, the veto power is unjust, and peacekeepers cannot defend the civilian population of Rwanda or Darfur. But the goals of the Organization are universal and permanent since 1945 which means that the United Nations pursued to fulfill them throughout all its existence. In the following arguments we will figure out why the Organization has been doing it for over 70 years and whether the result is positive. (Eichelberger, 2012)
The United Nations is a unique international body. It is a global forum where anything can be discussed: human rights, education, AIDS combating etc.; it facilitates understanding between cultures, because where else can you find an Israeli delegate sitting next to his Iranian counterpart. The United Nations is seeking global solutions to global problems; everyone can make a contribution to the building. The United Nations’ legitimacy is based on its Charter, which is aimed, among others, at justice and respect for international law. International law is like a foreign culture in our legal system. For example, a recommendation of the United Nations General Assembly is not the law in general understanding but the sort of so-called soft law; it means that it is not mandatory for Member States. In the immediate future it may seem outdated to say the United Nations in the form of recommendations, but in the long run this flexible law and may solidify and integrate the national law applicable. (Normand and Zaidi, 2008)
Apart of strong points, the Organization also has a certain share of disadvantages. Discussions are tedious and existed long before the action of the Organization began. More than fifty years after its creation, the United Nations seems too many experts as such which is unable to undertake the tasks it set for itself. Its decisions have often been flouted by some Member States and it seems in danger of sinking. (Rabina, 2011)
Among the most significant defects of the United Nations some scholars recall the inability of the Organization to prevent most difficult manifestations of the Cold War and to overcome its consequences: for example the détente in international relations in late 1960s is a joint action of the United States and the Soviet Union, not an intervention of some multilateral bodies. There was no chance to solve the German problem in 1950s-1980s: no agreement was possible between the United States and the Soviet Union on the administration and the future of Germany. (Jolly, 2009). The United Nations had its ability to act paralyzed by the veto of the great powers in the Security Council. The inability of United Nations to intervene in the conflict relations between the Soviet Union and its rebel satellites, so-called popular democracies (Hungarian crisis in 1956, Czechoslovakian intervention in 1968) put forward before the intellectuals of the world the question of the need of its existence. (Magariños, 2014). Ineffectiveness in the decolonization issues was a very significant defect of the United Nations when its declarations were not embodied in real actions (e.g. French veto against the United Nations intervention in Algeria) (Eichelberger, 2012). The same situation is with its inability to respect the human rights and establish full their observance (apartheid in South Africa). Furthermore the Organization had even theoretically any opportunity to prevent foreign intervention in civil wars (such as those in Vietnam or Afghanistan). (Ramcharan, 2008) The lack of aid to underdeveloped countries and inefficiency of world disarmament policy also were always considered as weak points of the United Nations. (League of Nations and the United Nations Organization: comparative analysis, 2005).
The Organization is also handicapped by the lack of means of action. It suffers first of all from a lack of funds: some countries refuse to pay their share. Aid to the Third World countries is insufficient and some recipient countries also disapprove of the United Nations control over the use of these funds. The Organization also suffers from the absence of a standing army. It must appeal to the troops of member countries that are said mandated. Since the Korean War, the troops are chosen from those of neutral countries. These troops are heterogeneous and often insufficient. Their role is very difficult and legitimacy questioned by the countries where they operate. It is noteworthy that during the Gulf War, to overcome this deficit homogeneity of peacekeepers, it is not the United Nations troops who intervened, but national armies that had received from the Security Council the right intervene that Iraq was guilty of a blatant aggression against a sovereign state, Kuwait. (MacFarlane and Khong, 2001)
There is no supranational entity that can act without order and collective decisions. Diplomats are not censored by their countries use to jargon and do not dare to antagonize the powerful. The United Nations has a budget of $ 12 billion per year which is small enough, compared to the annual 100 billion spent by the United States for the war in Iraq. Instead of acting, some states prefer to blame the United Nations in lack of efficiency. Some politicians are using the arguments about international organization in their power games, as the speech of Iranian President Ahmadinejad at the conference on racism. Many states expect a return on investment of their funds given to the United Nations (the headquarters in New York brings a lot of money the city budget). We will conclude this point by mentioning that global humanitarian aid as primarily a bilateral aid from one country to another, not exercised by the United Nations. (Gati, 2013)
Within the United Nations member states, we distinguish two very different goals: the rich countries want security and poor developing countries. The member states are very different. There are conservative countries, such as Cuba, Egypt and Pakistan, who know too well the Organization legal process and do everything to delay decisions. During preliminary discussions with a resolution, some states in "impulsive" manner may leave the room and you have to go after them, because every decision is consensual. There are also quiet country, "haggle" their votes to the highest bidder. There are many formal and informal groups of entities, such as political parties, which support body and spirit of the Organization. (Rabina, 2011)
The General Secretariat is the principal organ for coordination and negotiation case by case according to each mission objective chosen. An example of this ambiguity is the International Criminal Court in the Hague. Each member state shall recognize the International Criminal Court’s jurisdiction, whereas only 60 countries have ratified the Treaty of Rome which makes it effective and binding. A person convicted by the International Criminal Court of will therefore not be pursued in non-signatory countries. The United Nations is often under pressure, with ethical issues difficult to resolve: Uganda rebels recruit child soldiers are willing to stop the war if they are pardoned; Sudan, Omar Hassan Al-Bashir expel humanitarian and development assistance in the event of criminal prosecution. He had also accepted the presence of United Nations peacekeepers on its territory with the sole condition that they are Indian and Pakistani allies in Sudan. (Dempsey, 2010)
Unfortunately there are many problems that put in difficulty the decision process within the United Nations. There is a division between the Organization and member states which turn out to be less and less effective, for example because of the illegal war in Iraq or the atrocities in Darfur. But confidence is beginning to return. Each country has different interests: Northern countries seek security and Southen regions need development. Finally, the Organization is paralyzed by a general principle that it is itself originally given, that of non-interference in the internal affairs of States, a principle which ensures national sovereignty, but which limits the Organization’s intervention. One can refer to the example of the war in Algeria, where France had advanced this principle against United Nations intervention in its domestic affairs. (Schrijver, 2006) In fact, the Cold War prevented the institutions of the Organization from playing their principal role. The game between the two superpowers veto strongly paralyzed the Organization. At the times of its establishing, the United Nations was dominated by American influence and in particular covered the intervention of the United States in Korea. But gradually, with decolonization, its composition has changed dramatically with the massive admission of newly independent countries practicing a non-alignment policy of the superpowers. These Third World countries now form the vast majority of members (173 members in 1987). These developments do not meet the great powers who fear the General Assembly to assume the right to judge and arbitrate their disputes. (Walker, 2011)
During a situation of conflict, the United Nations has an obligation to protect victims by setting up a humanitarian intervention. Suppose a state makes use of hits sovereignty to prevent it? Under international law, it is forbidden for the United Nations or the other international body to use force except in self-defense or if permission is given to it by the Security Council. The veto power was used on numerous occasions; however, the peacekeepers have already intervened illegitimately, as in Kosovo and Srebrenica. This has gradually led the way to that in 2005, the United Nations General Assembly recognized the primacy of the responsibility to protect to that of national sovereignty (Eichelberger, 2012). It is a subsidiary responsibility given to the international community, which enables it to prevent, react and rebuild if the state does not run. This principle is based on the ethical foundation of humanitarian intervention in favor of abused populations. Yet the United Nations values are not so different from the generally accepted norms of humanity: on the contrary, the values of the Organization are common for the peoples of the world. One can compare the General Assembly to national parliament, where all decisions are made by consensus. Also the United Nations is governed by a policy of law, not power, that finds global solutions to global problems and struggle for development and peace. (Dempsey, 2010)
The United Nations is not a perfect body of course, but it has recently started to reform itself with the establishment of such institution as the Council of Human Rights and adoption of the Millennium Goals. The future developments can be only better. It also has many challenges: 110,000 people work in the field, 16 missions are ongoing, annual budget is only $ 12 billion. Realistically, the United Nations cannot do better with the resources it has. Groups like the G20 that form in these moments of crisis merely weaken the Organization. It is also the only one legitimate and recognized by all as it is not only composed of state actors but also by members of civil society. (Ramcharan, 2008)
The Security Council also has its challenges: the permanent members of the Security Council want to preserve their exclusive positions forever, non-permanent members seek to become permanent, emerging countries want their broad representation, rich and developed countries want to reform the Security Council while the developing countries assert that it does not help to resolve pressing issues. It follows from this shambles that blocking any immediate reform of Security Council is inevitable. However, not before 20 years according to Fasel, a possible reform would be to have more non-permanent Members elected and long term. It would legitimize the United Nations better to the world. Regarding the right of veto of the permanent members, it will never be abandoned by its beneficiaries because it gives them too much power. The mere threat of the veto overrides any debate, even to help a population massacred! A desirable reform would be a justification for the use of the veto in the General Assembly and also its cancellation against genocide, war crimes and crimes against humanity. (Goodrich, 2007)
It is easy to blame the United Nations for its fails. It is possible that we have too high expectations about it? We expect it to peace in the world, just immediately. But the police and the laws have not prevented the murders. Instead, we should consider the United Nations as a supervisor which prevents the worst to happen, or like a doctor who heals slowly cancer. For proof, the United States still has to justify its actions to the countries, even if they do not listen to the answer. Certainly other countries preclude action for fear of sanctions. (Dempsey, 2010) To be effective, an authority must be recognized, to have authority and resources the good will of Member states is needed. (Leonard, L. and Gonzalez-Perez, 2009) These are qualities that are hindering the Organization to act better. Maybe if every country was represented in a democratic world parliament would identify them as better people. Otherwise the idea of division of the world into the winners and losers of the Second World War shall continue forever. But for this we need to reform the Security Council: the Organization can seem too remote from reality when it should be more present on the ground and raise awareness. ( Schrijver, 2006).
Any state which is seeking to become a member of the United Nations accepts the obligations of the Charter, an international treaty that sets out basic principles of international relations. Under the Charter, the United Nations goals are to safeguard peace and security in the world, to develop friendly relations among nations, to establish between nations an economic, social and cultural in solving international problems and in promoting respect for human rights (the Universal Declaration of Human Rights was drafted in 1948 by the French specialists, in particular, by René Cassin) as well as to be a center where the efforts of nations are harmonized and brought together.
If the United Nations shortcomings are numerous, it is however not necessary to identify several successes relative to the strong points of the Organization. Unlike the League, the United Nations has not made discrimination between victors and vanquished countries: Italy was admitted in 1955, Japan was admitted in 1956 and both the Federal Republic of Germany and German Democratic Republic were included to the Organization as Member States in 1973. (Dempsey, 2010)
One big problem with the United Nations has combated its powerlessness is the relation to decolonization problems because of the principles and goals set forth at the San Francisco Conference. Charter condemned the act of colonizing except consent of the country concerned but tolerated that countries retain their colonial empire, this being naturally bound the fact that in countries with a veto in the Security Council, the two largest colonial empires represented through France and the United Kingdom. (Gati, 2013)
Despite this congenital disability, the United Nations has been able to provide moral support to the people who wanted to be emancipated from colonial rule. In addition, it has promoted democracy in these countries. The Organization has provided assistance and advice on electoral matters and has monitored the polls. (League of Nations and the United Nations Organization: comparative analysis, 2005)
The United Nations is also an interesting element in this respect: most countries of the world are part and upon their independence or their creation, the new states are asking to join. For example, the Czech and Slovak Republics have become, the Members of the United Nations after their peaceful separation on 19 January 1993.
The UN now has 188 Member States; hat is to say almost all the nations of the world. This suggests that the Organization allows an expression of world opinion, even if the persistence of the veto power of the permanent members of the Security Council skews a little free expression. In a world of tensions, the United Nations allow immediate consultations between governments and offer a forum for discussion of long-term problems. (Goodrich, 2007)
Although the Cold War has severely hampered the functioning of United Nations institutions, it has still managed to fulfill a role of maintaining peace and security on several occasions. Its role has increased significantly since the end of the Cold War. (Dempsey, 2010)
It is in fact the major achievement of the Organization. The United Nations goals are actually more ambitious than those of the League: besides preserving peace, she hopes to "create the conditions necessary for the maintenance of justice", "promote social progress". In conclusion we may state that the main goal which was achieved since 1945 is the existence of outstanding international system to serve to the peoples because the United Nations is not there to create paradise, but to avoid hell. (Magariños, 2014)
References:
Dempsey, P. (2010). Analysis: UN goals need business backing. Engineering & Technology, 5(15), pp.15-15.
Eichelberger, C. (2012). UN: the first twenty years. New York: Harper & Row.
Gati, T. (2013). The US, the UN, and the management of global change. New York: New York University Press.
Goodrich, L. (2007). From League of Nations to United Nations. International Organization, 1(01), p.3.
Gulati, R. (2013). The Internal Dispute Resolution Regime of the United Nations – Has the Creation of the United Nations Dispute Tribunal and United Nations Appeals Tribunal Remedied the Flaws of the United Nations Administrative Tribunal?. SSRN Electronic Journal.
Jolly, R., Emmerij, L. and Weiss, T. (2009). UN ideas that changed the world. Bloomington: Indiana University Press.
Leonard, L. and Gonzalez-Perez, M. (2009). Beyond the UN Global Compact.
MacFarlane, S. and Khong, Y. (2006). Human security and the UN.
Magariños, C. (2014). Economic development and UN reform. Vienna: UN Industrial Development Organization.
Normand, R. and Zaidi, S. (2008). Human rights at the UN. Bloomington: Indiana University Press.
League of Nations and the United Nations Organization: comparative analysis. (2005). Tilburg Law Review, 4(2), pp.101-106.
Rabina, D. (2011). United Nations Documents2011268 United Nations Documents . New York, NY: United Nations Last visited March 2011. Gratis URL: www.un.org/en/documents/index.shtml. Reference Reviews, 25(6), pp.26-26.
Ramcharan, B. (2008). Preventive diplomacy at the UN. Bloomington, IN: Indiana University Press.
Schrijver, N. (2006). The Future of the Charter of the United Nations. Max Planck Yearbook of United Nations Law Online, 10(1), pp.1-34.
Walker, R. (2011). Manual for UN delegates. Geneva: United Nations Institute for Training and Research.