Q. 11. Write an essay on Permanent Court of International Justice. Explain its composition and jurisdiction.
Ans. Permanent Court of International Justice- The chief objective of the League of Nations was the settlement of international disputes through peaceful measures. The tradition of solving the international disputes through panchayats was in vogue. International panchayats had been instituted by Hague Conferences, but its jurisdiction was very limited. The framers of the Covenant of the League of Nations realised the need of an international Court of justice. Consequently, Article 14 of the Covenant had entrusted to the Council the responsibility of formulating and submitting to the members plans for the establishment of a Permanent Court of International Justice. Accordingly in February, 1920, the Council set up a committee of jurists in 1920 and it prepared a ‘Statute’ or Constitution of the proposed Court which was submitted to the Council, the Assembly and finally to the League members for ratification. The Statute was unanimously adopted with few amendment by the Assembly on December 13, 1920, though it became effective not through any action of the Council or Assembly but through its ratification on the part of the member-States. The panel of judges was elected in September, 1921, and the Permanent Court of International Justice was opened on February 15, 1922, in the Great Hall of Justice of the Peace Palace. The Commission of Jurists which drafted the Statute had recommended compulsory or obligatory jurisdiction with regard to interpretation of a treaty, international law, breach of international obligations and reparations for such breaches. This was rejected by the Council and the Assembly on the ground that under Article 14 of the Covenant, a Court with voluntary and not compulsory jurisdiction was contemplated.
Even then, Article 36 of Statute was transformed into an ‘optional clause’ a kind of a special declaration which member States could accept or reject as they wished. Those accepting it recognised the jurisdiction of the Court to be compulsory with regard to (1) the interpretation of treaty, (2) any question of international law, (3) the existence of any fact which, if established, would constitute a breach of an international obligation, and (4) the nature or extent of the reparation to be made, provided that both parties to the dispute had adhered to the ‘optional clause’. Thus, they agreed in advance to submit all disputes in these categories to the Court for settlement. But States not accepting the clause were free to submit such disputes to the Court as they chose. In practice 47 States had adhered to the ‘optional clause’ for varying terms. Broadly interpreted, the ground covered by it was large and the acceptance of compulsory jurisdiction by the greater part of civilised society was one of the great advance in international relations.
The various treaties-about 400-under which the activities of the Court became timely international, were the second source of the Court’s jurisdiction. It was in fact ironical that the United States of America whose President Wilson was an ardent advocate of international adjudication and whose representative, Elilm Root, had done so much to solve the problems of the Permanent Court itself should be one of the very few States which always remained outside the Court system. The Permanent Court of International Justice rendered decisions and orders in cases submitted to it by member States in accordance with the provisions of the Statute. It could give an advisory opinion upon any dispute or question referred to it by the Council or the Assembly. This had a tremendous value for, through an advisory opinion the Council could get a decision when the parties refused to go to the Court.
The Judges of the Court were elected by a majority vote of the Council and approved by the majority in the Assembly. They were to be able juris-consuls in International Law and distinguished lawyers, qualified to be the Judges of the highest Courts in their own countries and representing the principal legal systems of the world. Originally the Permanent Court of International Justice comprised 11 Judges and 4 Deputy Judges. In 1930 the strength of Judges was increased to 15 through an amendment but in the year 1936 the posts of Deputy Judges were abolished. These Judges were elected for a term of 9 years by the Council and the Assembly. They could be re-elected and the quorum was 9. The candidates were nominated by the national groups of the Hague Permanent Court of Arbitration, each group having the right to name 4 candidates, only 2 of whom were to be of its own nationality. The Secretary-General of the League prepared a list of the persons so nominated and transmitted it to the Council and Assembly. These two bodies concurrently elected the Judges. The Court sat at the Hague, elected its own President for 3 years and draw up its own rules of procedure. Its Judges were whole time and could hold no political or administrative office, and in addition to regular salary of $ 30,000 per annum, were paid with other allowances. Vacancies owing to death or resignation were filled for the residue of the term. The official languages were French and English. In order to provide a special knowledge of the law and custom of each of the contending parties, the provision was made that where a State had no judge of its own nationality on the Court, it could appoint one ad hoc. All Judges, however, were international officials and not the representatives of their governments.
The Court gave its judgments on questions involving the interpretation of International law, treaties and other mutual obligations. However it had jurisdiction only over such disputes as members were willing to subinit to it. A few countries, agreed in advance to submit all their disputes to the Court for settlement. Others reserved the right to submit only those cases to the Court which they liked. From 1922 to 1939, the Permanent Court of International Justice tried 65 cases, delivered 32 judgments, 200 orders and 27 advisory opinions and published a full record of its proceedings in all cases ranging from settle of frontiers in Mosul letter-boxes in Danzig. The Court had built up a fine reputation for its detachment and impartiality and except for one case-that of the Advisory opinion of September 5, 1931 on the Austro-German Customs Union-its judges “never placed their national prejudices above the impartial logic of the law”. Its influence and authority increased with the years along with its reputation and by 1939 nearly 600 different international agreements conferred on it jurisdiction in one form or another. In respect of learning, technical competence, fairness and impartiality the Court was unassailable and it was a great tribute to it paid by the U.N.O. to have accepted the Statute of the Permanent Court of International Justice with practically no change as the Statute of the International Court of Justice. The Permanent Court of International Justice, therefore, was the most efficient and most effective organ of the League. Poter has rightly written that the Permanent Court of International Justice was a quite successful institution.
Q. 12. Evaluate briefly the League of Nations.
Ans. Importance of the League of Nations-This fact is well- established that due to the lack of the integrity of nations the League of Nations could not attain success in the avoidance of wars and bringing about peace in the world. Shuman is of the view that the League of Nations and its related institutions could never become the symbol of the feeling of human fellow-beings which could arouse love and attachment among the most of the people of all the countries and with which that respect and power could be developed which were initially required for a preliminary world government. Langsum opined that undoubtedly the League of Nations had proved itself a great institution of historical significance. The League attained unprecedented success in non-political activities. Cordill Hull has rightly written-“The League of Nations has been responsible for more humanitarian and scientific endeavour than any other organisation in history”. Potter averred correctly that “If measured by what international organisations had accomplished in the past the League’s performance in the security field rates very high, indeed higher than that of any other international institution, with the exception of a very few highly special and limited agencies”. In the words of Carr, “The years of 1924 to 1930 were the period of the League’s greatest prestige and authority”. As regards the Mandates system adopted by the League, there were undoubtedly gleams in it of general ideas about a new world. Claude aptly commented-“Whatever its limitations, the League’s enterprise in this area did initiate the internationalisation of the Trusteeship idea. It accepted the concept of dual mandate”. In view of the attempts of the League regarding achieving the atmosphere of mutual assistance and its credit in the political, social, economic and educational fields, Carr had remarked in appreciation-“The example was soon followed by the foreign ministers of most other European powers, so that Geneva in September came to be recognised meeting place for the statesmen of Europe”. Zimmurn had gone to the extent of saying that “During the Ist week of September, the Geneva was the most sounding word in the world”. Even Mussolini had given due recognition to the role of the League of Nations while rejecting the obligation towards it in the context of Ethiopions episode in these words-“We will pursue our design with Geneva, without Geneva or against Geneva”. Gathorn Hardy evaluated the League of Nations and said that he had mentioned certain direct failures and criticism regarding its objectives, but despite this bitter truth it must be confessed that keeping in view the goals scheduled by it for its activities, there had been tremendous progress in the direction of their attainment.
The most important contribution of the League of Nations to our civilisation is that it had codified the international law properly. The International Court of the League of Nations had succeeded a lot in solving the legal disputes skilfully. The League had changed the old diplomatic measures. Even the failure of the League of Nations proved to be much profitable for the human race. The world had taken full advantage of the valuable experiences of the League in the form of United Nations Organisation. In fact 18th April, 1946 did not witness the funeral ceremony and last rites of the League of Nations, but it was in reality its re-birth in the form of United Nations Organisation. The institution of the League was a revolutionary step. Along with this, it had introduced wonderful changes in international relations, viz. theoretical changes, transformation in general beliefs, changes in methodologies, etc. Prior to the institution of the League, it was considered in theory and practice both that each State is sovereign and decision maker regarding its own affairs. It was not bound for integrity and loyalty to any higher authority and was authorised to oppose the criticism or doubt raised by other States. But with the advent of the League of Nations, such concepts have disappeared for ever. Now all accept this belief that aggressions and wars are sins towards the humanity and for the cradication of them it is the welfare, duty and right of the States to unite. The League of Nations might have died as an institution required for the performance of the work, the ideals which had been encouraged by it and the hopes which had been preserved by it, the methodology whi which had been adopted by it and the means which had been formulated by it, have become the significant part of the political concepts of the civilised world, and their effect will remain alive till the human race will keep on experiencing and realising the unity above the divisions of States and Nations. “The League of Nations pioneered in practically all aspects of International Organisation. Undoubtedly, one of the novel innovations was the adoption for the first time of a truly International Civil Service. Walter has observed, “The ideas which it sought to promote, the hopes to which it gave rise, the methods it devised, the agencies it carried, have become essential part of the political thinking of the civilised world and their influence will survive. It is true that the League of Nations had vanished and met its miserable end, but it is also true as Schuman said that “The United Nations Organisation is the League of Nations in a new guise”.
United Nations Organisation
Q. 13 (a). Explain the aims and objectives behind the establishment of the United Nations Organisation.
Or
Make a critical evaluation of the success and unsuccess of United Nations in respect of achieving its objectives.
Or
What are the purpose and principles of United Nations? Discuss.
Ans. Aims and objectives behind the establishment of the United Nations Organisation-According to Claude, United Nations Organisation is the revised and amended edition of the League of Nations. Someone has described it as the old wine in new bottle. For Schuman, “The United Nations Organisation is the league of Nations in a new guise. Congo accident, sudden demise (murder) of Dag Hammarskjold, etc. put a big question mark on the very existence of the United Nations Organisation. Those nations which are not its members are leaving no stone unturned to become its members, and those nations which are emphasising the aggressive mentality despite remaining in it do not intend to detach themselves with it”.
It is well-known to all due to the Second World War that it is easy to win a war but it is quite difficult to win peace. During the Second World War, Churchill, Roosevelt and Stalin had entered into friendship for winning the war, and they had firm belief that the last scene of the surprising change in the kinds and forms of weapons and scientific progress was the withering away of the world civilisation. There was only one alternative for getting rid of this situation and that was the establishment of eternal peace in any situation. It could be possible only when big nations like England, America and Russia tie themselves in the bond of friendship. As the three big States had entered into friendship for gaining victory in the war, in the same manner it was essential for them to unite into a bond for the maintenance of peace.
The nations of the world had realised this fact that for the maintenance of international system properly not only collective cooperation was imperative, but the eradication of social, economic and political hurdles is also very essential so that international peace may not be in danger. So on the one hand, a worldwide international organisation was sine quo non for the settlement of political disputes, and on the other hand, it was essential for the world wide international organisation to evolve such international environment in which international peace may not be endangered. It was essential for the collective security that it was based on the will of nations. Consequently it became proved that all States are equal. So the United Nations Organisation is based on the principle of equality of the States,
The preamble of the Charter of the United Nations Organisation is the symbol of the feelings inherent in the whole Constitutions.
These are following purposes of the United Nations Organisation-
1. To maintain international peace and security-The most important purpose of the United Nations is to maintain international peace and security. This purpose is so important that it led Prof. Hans Kelsen to remark, “The purpose of the United Nations is world peace.”
2. To develop friendly relations among nations;
3. To cooperate internationally in solving international economic. social, cultural, and humanitarian problems and in promoting respect for human rights and humanitarian freedoms;
4. To be a centre for harmonizing the actions of nations in attaining these common ends.
The principles of United Nations Organisation and the obligations of the member States are given in the United Nations Charter-“It is based on the sovereign equality of all the members. All members are to fulfil in good faith their Charter obligations. They are to settle international disputes by peaceful means and without endangering peace, security and Justice. They are to refrain in their international relations from the threat and use of force against other States. They are to give the United Nations every assistance in any action it takes in accordance with the Charter, and not to assist States against which preventive or enforcement action is being taken. The United Nations is to ensure that States which are not members act in accordance with these principles in so far as is necessary to maintain international peace and security. Nothing in the Charter is to authorize the United Nations to intervene in matters which are purely the national concern of any State.”
Q. 13 (b). “The U.N.O. is legal person”. Evaluate this statement.
Ans. Legal Character of the United Nations. Ordinarily, the United Nations is considered to be an association or organisation of States But it should be noted here that the United Nations also has a distinct legal personality of its own apart from those of its members. It has its Headquarter and officials. According to Article 104 of the Charter, the Organisation shall enjoy in the territory of each of its Members such legal capacity as may be necessary for the exercise of its functions and the fulfilment of its purpose. Article 105 further provides that the Organisation shall enjoy in the territory of each of its members such privileges and immunities as are necessary for the fulfilment of its purposes. Similarly, representatives of members of the United Nations and officials of the Organisation shall enjoy such privileges and immunities as are necessary for the independent exercise of their functions in connection with the Organisation. Thus the United Nations is a legal person and is a subject of International Law. The United Nations is capable of holding and disposing of property and can enter into contract. In this connection, the General Assembly of the United Nations adopted the covention on the Privileges and Immunities of the United Nations in 1946. Article I of the Covention provides: “The United Nations shall possess juridical personality. It shall have the capacity (a) to contract; (b) to acquire and dispose of immovable property; (c) to institute legal proceedings.” With a view to give effect to this Convention in India, the Parliament of India enacted the United Nations (Privileges and Immunities) Act. 1947 (Act No. XLVI of 1947). The Schedule to the Act describes in detail the Juridical personality, rights in respect of property, facilities in respect of communication, and representatives of Members etc., of the United Nations.
It is clear from the above discussion that the United Nations is a legal person and a subject of law. This was confirmed by the International Court of Justice in its advisory opinion Reparation for Injuries suffered in the Service of the United Nations. The world Court said that the United Nations is an international legal person which has rights and duties under international law. It can claim compensation for injuries suffered by persons in its service. But it may be noted here that under the Charter, power to enter contract, generally has not been conferred on the United Nations. On behalf of the organization it can enter into those contracts or agreements which are mentioned in the specific provisions of the Charter. For example, it can enter into agreements with specialized agencies.
Q. 14. Explain the methods of acquisition, suspension and termination of membership of United Nations.
Or
Discuss the modes of the acquisition, suspension and termination of the membership of the United Nations. Whether withdrawal of membership is possible under the U. N. Charter? Explain.
Ans. Acquisition, suspension and termination of membership of United Nations. The League of the Nations was not a world wide organisation. So it was a very big and serious problem before the framers of the Charter of the United Nations Organisation, whether it should be made a world wide organisation or its member should be made limited. After severe exhaustive debate and discussion it was decided that the objective should be world wide but it should begin with limited membership. There was a specific reason for initial limited membership and that specific cause was that like the League of Nations the defeated States may not become its member. Similar to the League of Nations, there is a provision of two types of membership for the United Nations of Organisation too-One is original, and the other is admitted. In fact, the Charter makes a distinction between States which are original members of the United Nation and those which became members subsequently or which are admitted members. The original members were those who had signed the United Nations Declarations or taken part in the San Francisco Conference. Article 3 of the Charter provides that the original members of the United Nations shall be States which, having participated in the United Nations Conference on International Organisation at San Francisco, or having previously signed the declaration of the United Nations on January 1. 1942, signed the present Charter and ratified it in accordance with Article 110. As regards the admitted members, Article 4 provides that States may be admitted to the United Nations on the affirmative recommendations of the Security Council and by the election of the General Assembly by two thirds majority. Since the admission of States to the United Nation is an important matter, affirmative votes of 9 members of the Security Council including 5 permanent members are necessary. Article 4 provides the five requirements for a State to become a members of the United Nations. They are-
1. The applicant must be a State. Under the League of Nations there was provision that any sovereign State, dominion or colony could become member, under United Nations Organisation, dominions or colonies have been deprived of its membership. Not only this, according to the approved definition of State some original members cannot be included in the category of States. For example, two units of Soviet Union, viz. Ukraine and Byclonissia, India (Independence August 15. 1947), Phillippines (Independence July 4, 1946), Syria and Lebanon.
2. The applicant is required to be not only the State but peace-loving too. But there is no standard to measure that which State is peace-loving and which is not. Even the word ‘peace loving’ is not clear. After all no State will specify in its policy that it is not peace-loving.
3. The applicant State must accept the obligations of the Charter. This is a simple requirement, because the applicant can easily make a declaration that it is ready to observe the duties scheduled by the Charter.
4. The applicant State must be able to carry out these obligations. There is no criterion with the United Nations Organisation to know whether that State is competent to carry out its responsibilities. Switzerland is a neutral State. It is fully unable to fulfil its responsibilities. Even then Switzerland is its member.
5. The applicant State must be willing to carry out these obligations. This condition is still more difficult. To know the internal will of a State is not only difficult but almost next to impossible. No State can explicitly declare that she does not have the intention to fulfil her responsibilities. On the contrary other State may easily state that a particular State is neither able nor willing to carry out her obligations. Thus, this condition is also obscure.
Among all the above-mentioned conditions the criteria of all except the first and second are subjective. Such complications and uncertainties are quite natural and essential for an organisation which is to be of world- wide character.
The admission of any State as its member is effected by the General Assembly on the recommendation of the Security Council. Applicants must accept the obligations contained in the Charter and must satisfy the organisation that they are capable of carrying out their obligations. Any one of the big five can veto an application and so there is ample room for dispute and diplomatic bargaining. In fact, the problem of membership has become political football. The applicant State has been accepted as a member of one or the another group. If it belongs to American camp, Soviet Russia exercises the veto.power-as for example Japan. If it pertains to the Russian camp. America applies Veto-as outer Mangolia. America intends to establish her significance, leadership and majority by admitting member States of her own group.
There is absence of any provision in regard to the withdrawal of member States, which is a significant characteristic of the Charter of the United Nations. The question of withdrawal of a member-State from the United Nations was heatedly debated and discussed at San Francisco Conference, 1945. Some States were in favour of completely prohibiting the withdrawal of members, while some States were of the view that if the amendment of the Charter was such as was not acceptable to members then the members should be entitled to withdraw from the organisation Ultimately it was decided that no express provision should be made in the Charter regarding the withdrawal of membership. However, a statement of ‘special circumstances was formally issued according to which the members could withdraw from the organisation under special circumstances. In this context, Oppenheim has clearly opined, “Although the Charter itself does not expressly mention the right of withdrawal, the absence of an express prohibition to that effect the members of the United Nations must be deemed to have preserved the right to sever what is, in law, a contractual relation of indefinite duration imposing upon States far- reaching restrictions of their sovereignty. Moreover the relevant Committee of the ‘San Francisco Conference put on record the view. eventually accepted by all the participating States, that nothing in the Charter deprives members of the right to withdraw from the organisation’ According to Fenwick, the member States are entitled to withdraw from the United Nations under the undermentioned two circumstances:
(i) “Withdrawal of or some form of dissolution would be obviously inevitable if the organisation was revealed to be unable to maintain peace or could do so only at the expense of law and justice.”
(ii) If any State did not give its consent for any amendment of the Charner or gave its vote against the amendment or found itself unable to accept the amendment, then such a situation may entitle him to withdraw from the Organisation.
There is only one instance of the withdrawal of membership in the history of United Nations Organisation. Indonesia declared her withdrawal from the United Nations because Malaysia had been elected as one of the non-permanent members of the United Nations Organisation. But in 1966, Indonesia again joined her seat to the United Nations as if nothing had happened. “If her withdrawal had really been effective, she would have to seek readmission under Article 4; instead, she simply resumed her seat, as if nothing had happened which suggests that her withdrawal had been void.” [Michael Akchurst]
Article 6 of the Charter makes provision for the expulsion of the member from the United Nations Organisation. According to this provision, if a member of the United Nations Organisation had persistently violated the principles contained in the present Charter, it may be expelled from the organisation by the General Assembly upon the recommendation of the Security Council. Due to the substantial nature of the question of expulsion under the Charter, a decision on it will require nine affirmative votes of the Security Council including those of the permanent members and a decision by General Assembly by two thirds majority.
Article 5 of the Charter relating to the suspension of a member provides that member of the United Nations Organisation against which preventive or enforcement action has been taken by the Security Council may be suspended from the exercise of the right and privileges of membership by the General Assembly, upon the recommendation of the Security Council, it further provides that the exercise of these rights and privileges may be restored by the Security Council, it is clear from the above provision that although a member may be suspended by the General Assembly upon the recommendations of the Security Council, the Security Council has been conferred upon with the power to restore rights and privileges of such members even without the concurrence of the General Assembly. Suspension of members is also a substantial question and hence the same procedure will be followed as in the case of expulsion of members.
Q. 15. Discuss the composition of the Security Council of United Nations Organisation.
Or
Explain the composition of Security Council of the United Nations Organisation.
Or
Elucidate the composition of Security Council.
Ans. Composition of Security Council of the U.N.- Articles 23 to 32 in Vth Chapter of the Charter mention regarding the voting system, organisation and functions of the Security Council of the United Nations Organisation, regarding which Delivet has said that “Although the General Assembly represents the highest political organisation of humanity, the Security Council is the world’s most effective body.” No doubt it is a small body, but it is the most powerful organ of the United Nations Organisation, and on it depends the success or failure of the U. N. The Security Council is the ‘enforcement wing’ of the United Nations Organisation regarding political matters. The various provisions of the Charter with regard to the Security Council leave no room for doubt that the Council is permanently an organ for preserving international peace and security. It is such an organ which always and continuously works. There are two categories of its members-One permanent, and the other non- permanent.
Originally, the Security Council consisted of 11 members, i.e.. 5 permanent and 6 elected members of the United Nations Organisation. The five permanent members were the Republic of China, France, the Russia, the United Kingdom Great Britain and Northern Ireland and the United States of America. The six non-permanent members were to be elected by the General Assembly for two years. In electing these non-permanent members the General Assembly shall have regard in the first instance to the contribution of the members of the United Nations to the maintenance of international peace and security and to the purposes of the Organisation and also to equitable geographical distribution. But by an amendment passed on 1st September, 1965, the Security Council was enlarged from 11 to 15. At present, China, France. Russian Federation, the United Kingdom and the United States are permanent members of the Security Council. As regards the non-permanent members of the Security Council, they are elected for a term of two years. A retiring member shall not be eligible for immediate re-election. In accordance with the provision made in Article 23, the permanent members enjoy exceptional status only by virtue of their permanency but also by reason of special voting rights. Before the amendment passed in the year 1965, even without exercising veto, the permanent members could prevent the Security Council from taking decision on any matter because the Security Council then consisted of 11 member and decision on any matter or non-substantial matters required seven affirmative votes. If five permanent members voted against the proposal. Security Council could not take any decision on it. But this is no more possible because now the Security Council consists of 15 members-5 permanent and 10 non-permanent members and for decision on non-substantial or procedural matters 9 affirmative votes are required. Thus on non-substantial matter, the Security Council can take a decision on the basis of the affirmative votes of non-permanent members. Ten non- permanent members are elected by the General Assembly for a period of 2 years.
After the Gulf War of the Year 1991 and the breaking of the Soviet Union the need for the further enlargement of the Security Council is being urgently and greatly felt in view of the changed situation. After the dismemberment of the Soviet Union, we are living in a Unipolar World with the United States of America as the sole super power. When the membership of the Security Council was increased from 11 to 15 in 1965 the membership of the United Nations was 113. Since then the membership of the United Nations has increased to 193 at present but the membership of the Security Council remains the same. Besides this, there are other imbalances in the existing composition of the Security Council. China is the sole representative of Asia, the largest continent from the point of area and population. Then two economic super powers-Germany and Japan are not the permanent members. Moreover, India also ought to be made a permanent member. In view of these reasons the membership of the Security Council ought to be increased from 15 to 25 including 10 permanent members. The new five permanent members should be chosen from amongst the countries such as Japan, Germany, India, Egypt, Brazil and Nigeria. Besides this 5 new non-permanent members should be elected on geographical basis to make the Security Council more representative Of the five permanent members of the Security Council, the United States United Kingdom, France and Russia are supporting a permanent seat for India in the Council.
Thus, it is amply clear that General Assembly elects ten (formerly 6) members of the United Nations Organisation to be non-permanent members of the Security Council, according to the contribution of members of the United Nations to the international peace and security and to the other purposes of the orgnaisation, and also to achieve equitable geographical distribution. The non-permanent members of the Security Council are to be elected for a term of two years. A retiring member shall not be eligible for immediate re-election. According to Article 23 of the Charter, each member of the Security Council shall have one representative. As regards the permanent members, their number is five, namely, China, France, Russia, Britain and America. The permanent members enjoy exceptional status not only by virtue of their permanency but also by reason of special voting rights, because the power of veto is the most important right.
It must be explicitly emphasised that despite its profession of universal brotherhood and ‘sovereign equality of all nations, the United Nations Organisation undoubtedly applies a double standard to the conduct of international relation a rigid subjection to the rule of law for the small powers and freedom from law for the great powers. The Prime-Minister of India Pt. Jawahar Lal Nehru had rightly pointed out the fact that the Assembly contained no real representation for half of the population of the World that lives in Asia. In reality the assumption made in 1945 that these five named States were the “Great Powers” was of course a political judgment. It introduced a static element into the Charter, for it cannot be assumed with guarantee that these five will necessarily remain ‘Great Powers’ for ever. The retaining of old China on the list of 1945 presents a peculiar scene of this principal organ. In contrast to the status of permanent members the non-permanent members are elected for two years by the General Assembly. Moreover, they are not immediately eligible for re-election. At present there are 10 non-permanent members of the Security Council.
Q. 16. Discuss briefly the functions of the Security Council.
Ans. Functions of the Security Council– Being the ‘enforcement wing’ of the United Nations Organisation and continuously remaining in session, the Security Council takes prompt action to ensure international peace and security. In fact, the most significant and primary function of the Security Council is the maintenance of international peace and security. It acts on behalf of all the members of the United Nations Organisation and it is the chief agent of the UNO. But it is not free to act in an arbitrary manner because it is bound by the principles of the United Nations Charter. In case it acts against the sprit of the Charter the members are under no obligation to accept its decisions. Broadly speaking, the functions of the Security Council are of executive nature. Under Article 24 the members of the United Nations Organisation have, in order to ensure prompt and effective action, thrown on the Security Council primary responsibility for the maintenance of international peace and security. The act of the Security Council under this responsibility is to be done in accordance with the purposes and principles of the United Nations Organisation. The various functions of the Security Council determined by Articles 24, 25 and 269 of the Charter may be conveniently divided under the under-mentioned categories:
1. Maintenance of International Peace and Security. The very purpose of the Security Council is the attainment of world peace. The Preamble of the U.N. Charter says. “We the people of the United Nations determined……….. to unite our strength to maintain international peace and security”. The Security Council tries to maintain international peace and security according to the objective and principles of United Nations Organisation. The Security Council shall, when it deems necessary call upon the parties to settle their disputes by peaceful means. The Security Council is competent to investigate any dispute dispute or any situation which might lead to international friction or give rise to a dispute in order to determine whether the continuance of the dispute or situation is likely to endanger the maintenance of international peace and security. This investigation may be made at the instance of any member of the United Nations Organisation. Besides these it is authorised to determine the existence of any threat to peace, breach of the peace or act of aggression and shall make its recommendation or decide what measures are necessary to maintain or restore interrational peace and security. The Security Council, if it thinks that measures taken by it for the purpose of giving effect to its decisions, have proved to be inadequate may take such action by air, sea or land forces as may be necessary to maintain or restore international peace and security. Before it, it must decide as to what measures not involving the use of armed forces are to be taken. Regarding the attempt by UNO for the peaceful settlement of disputes, Article 33 of the Charter has explicitly made provisions that the parties to any disputes, continuance of the which is likely to endanger the maintenance of international peace and security shall, first of all, seek a solution by negotiations, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their own choice. The Security Council shall, when it deems necessary, call upon the parties to settle their disputes by such means.
It is the duty of the Security Council to investigate any dispute, or any situation which might lead to international friction or give rise to a dispute, in order to determine whether the continuance of the dispute or situation which is likely to endanger the maintenance of international peace and security. Any abovementioned dispute or situation may be brought to the attention of the Security Council for recommending appropriate procedure or methods of adjustment. While making recommendations under this provisions, the Security Council is expected to take into consideration that legal disputes as a general rule be referred by the parties to the International Court of Justice in accordance with the provisions of the Statute of the Court. If all the parties to any dispute so request, the Security Council may make recommendations with a view to a pacific settlement of the dispute without prejudice dice to the provisions with a view to a pacific settlement of the dispute. In fact, it possesses wide powers in respect of the maintenance of international peace and security. but it is quite miserable that it has failed to make use of these powers due to the conflict and non-cooperation among the permanent members.
2. Deliberative Functions. The Security Council discusses. investigates and makes recommendations under the deliberative category of its functions. As regards the disputes of the member States, they are required to settle them by peaceful means of their own choice. In case the members do not find themselves in a position to settle their disputes peacefully, they have the obligation under the Charter to refer their disputes to the Security Council. The Security Council is authorised to give its recommendations suggesting proper measures to be taken for maintaining and restoring international peace and security. The Security Council may adopt these enforcement measures only in case of complete failure of pacific settlement and no other measure remains to be resorted.
3. Regulation of Armaments. It has been seen already that the Security Council is extremely and continuously concerned with the problem of maintenance of international peace and security, which instigates it to prepare plans for the establishment of a system for regulating amendments. It is true that the General Assembly has passed a resolution for establishing the United Nations Atomic Energy Commission, but it has been made responsible to operate under the general supervision of the Security Council. The Security Council shall be responsible for formulating, with the assistance of the Military Staff Committee, plans to be submitted to the members of the United Nations for the establishment of a system for the regulation of armaments.
4. Enforcement Functions. Enforcement functions include the power of United Nations Organisation to take decision regarding the type of measures to be taken to maintain or restore international peace and security when the peace settlements among the parties fails. This fact is responsible for calling it as the ‘enforcement arm’ of the United Nations. Initially it endeavours to apply measures which do not involve the use of armed forces such as complete or partial interruption of economic relations and of rail, sea, air, postal, telegraphic, radio and other means of communication, and the severance of diplomatic relation. But if these steps fail to produce the desired results, the Security Council may adopt such a measure by air, sea or land forces as may appear essential for maintaining or restoring international peace and security. Article 42 of the Charter prescribes actions like demonstrations, blockade and other operations by air, sea or land forces of members of the United Nations Organisation.
5. Electoral Functions-Certain electoral functions are also entrusted to the Security Council. It takes part in the election of judges of the International Court of Justice. Not only this, in case of the appointment of the Secretary-General, its recommendations are essentially required. According to the Article 97 of the U. N. Charter, the Secretary General shall be appointed by the General Assembly upon the recommendation of the Security Council. It is true that the word ‘election’ has nowhere been used in this Article, but in reality it is very much the election because the appointment of the Secretary-General is a substantial matter under the Charter and, therefore affirmative votes of 9 members including 5 permanent members are essential.
6. Admission of Member-States. Article 4 (2) of the Charter makes a provision for admitting new member-States in the United Nations Organisation through a decision of the General Assembly on the recommendations of the Security Council. Not only this, its recommendations form the basis for the suspension of members of the General Assembly provided the member concerned persistently violates the principles incorporated in the Charter. Thus, the Security Council has to make recommendations to the General Assembly in the matter of admission of a State to the membership of the United Nations and in the matters of suspension or expulsion of a member.
7. Constituent Functions. The Security Council has got certain significant constituent functions to perform. In accordance with Article 108 of the U. N. Charter, no amendment may come into force for all members of United Nations unless it is adopted by a vote of two-thirds of members of the General Assembly and then ratified in accordance with their respective constitutional processes to two thirds of the members of the United Nations Organisation including all the permanent members of the Security Council.
8. Supervisory Functions. Certain supervisory functions have also been entrusted to the Security Council. For instance, the Security Council performs the significant function of supervising the Organisation as a whole, though it can be frankly admitted that in comparison to that of General Assembly its supervisory functions are much narrow. But since it has been conferred upon some very important functions in regard to the expulsion and suspension of members it may not be wrong to contend that through this it exercises supervision upon the United Nations Organisation as a whole. It clearly means that regarding the restoration of rights and privileges of the members, concurrence of General Assembly is not needed and in this context the Security Council enjoys exclusive power. However, according to the Article 6, if a member of the United Nations Organisation violates the principles postulated in the Charter such member may be expelled from the U. N. O. by the General Assembly on the recommendation of the Security Council. Article 108 of the Charter provides that amendments to the present Charter shall come into force for all Members of United Nations when they have been adopted by a vote of two-thirds of the members of the General Assembly and ratified in accordance with their respective constitutional processes by two-thirds of the members of the United Nations, including all the permanent members of the Security Council. It is clear from this that no amendment of the Charter is possible unless and until all the permanent members of the Security Council give their affirmative votes on it and it is subsequently ratified by their respective governments.
In the light of the foregoing discussion, it may be said decisively that the Security Council is much more potent, effective and representative organ, specifically when it is compared with its predecessor the League Council, and it has successfully contributed in the maintenance or restoration of international peace and security in a number of conflict.
Q. 17. Explain the importance of Secretary-General of United Nations Organisation.
Ans. Importance of Secretary-General of U.NO.-The importance of the Secretary-General of the United Nations Organisation has increased a lot these days, as a result of which it has achieved an independent existence beyond the status of the members of this institution. It indicates the procedure of political unification in the international system. According to a British Scholar, after 1950, the development of this view point is observed that the United Nations Organisation is not only the centre of co-ordinating the mutually contradictory interests but it is an international corporate individual who has got authority over its members. In fact, the Secretary-General of the United Nations Organization is a highly qualified representative. He must perform his work carefully and he must establish harmony between ideal and real.
The Secretariat is one of the principal organs of the United Nations Organisation, which consists of a Secretary-General and such staff as the Organisation may require. The Secretary-General is the Chief Administrative Officer of the Organisation. Regarding the appointment of the Secretary-General, it is provided in the Charter that he is appointed by the General Assembly on the recommendation of the Security Council. He is designated as The Chief Administrative Officer of the Organisation’. In fact, due to this designation, he is not only the Chief Administrative Officer of the Secretariat but of the whole Organisation. For the resolution of the Security Council, it is essentially required that there must be unanimity of seven votes out of which five votes must be of permanent members. It means that five permanent members of the Security Council enjoy veto rights regarding the election of the Secretary-General. If the five permanent members do not vote unanimously for a particular individual, that individual cannot be elected. In the election of Trygave Lie five members were unanimous but Soviet Russia was against his re. election. So when Lie had been re-elected for three years communist country Russia totally boycotted. Instead of addressing the Secretary- General in her letters, Soviet Russia started addressing the Secretariat. She had gone to the extent of not inviting him and his wife in social banquets Not only this, the correspondents were informed that Trygave Lie and his wife are not being invited.
After the tendering of resignation by Trygave Lie it became very difficult to elect such a person on whose name all the five permanent members could reach an unanimous decision. They were unanimous on the name of Dag Hammarskjold.
There is a provision in the United Nations Organisation Charter that after retirement the Secretary-General cannot be appointed immediately on any government post by any member-State Such a provision has been included in the Charter so that the integrity, neutrality and honesty of the Secretary-General may not be adversely affected. There was no such provision under the Covenant of League of Nations.
It is amply clear from the practice of the United Nations Organisation that the Secretary-General is appointed from a smaller and neutral State. As mentioned earlier, the General Assembly can appoint a Secretary-General only after getting the prior recommendation of the Security Council. In view of the fact that the appointment of a Secretary General is a substantial matter, the concurrence of 5 permanent members is essentially required for the appointment of the Secretary-General. It means that only that eminent person of a neutral State may be appointed on this highly coveted post who can be acceptable to all the five permanent members of the United Nations Organization.
Chief Secretary of the League of Nations was the administrative chief of the Secretariat. He used to act as the Secretary at various meetings of different organs. Despite being the Prime-Minister and chief executive he was not powerful. It is true that the Secretary of the United Nations Organization has not been entrusted the function of policy-framing and participation in the debates, but during few years of the biginning of United Nations the Secretary-Generals started to perform the work of policy-making and participation in the deliberations. The General Assembly and the Council had specially conferred him the right of taking part in the discussion.
The Secretary-General performs the following functions-
(1) The Secretary-General is the Chief Administrative Officer of the Organisation.
(2) The Secretary-General acts in the capacity of the Chief Administrative Officer of the Organisation in all meetings of the General Assembly, the Security Council, the Economic and Social Council and the Trusteeship Council and performs such other functions are entrusted to him by these organs.
(3) Secretary-General makes annual report to the General Assembly on the work of the organization.
(4) The Secretary-General may bring to the notice of the Security Council any matter which in his opinion threatens the maintenance of international peace and security.
(5) The Secretary-General gets collected all the statistic in regard to the economic condition of the whole world and submits those datas to the Economic and Social Council.
Q. 18. Evaluate the role of the Secretary-General of United Nations Organisation.
Ans. Evaluation of role of the Secretary-General of U.N.O.- The functions of the Secretary-General do not expect from him to play the political role, it is true in accordance with the provisions of the Charter, but due to several reasons if desires he may become highly powerful.
The post of the Secretary-General of the United Nations Organisation is that of grandeur, pride, right and respect. According to Clode, the Secretary-General of the United Nations Organisation has the potentiality of becoming as big and great as he likes to be. He has constitutional licence. The Secretary-General has been called as the twelfth member of the Security Council.
In accordance with the Charter, Secretary-General is the Chief Officer. But besides it he is also a political personality. Followings are the sources of his political powers and functions:
1. According to a provision of the Charter he can draw the attention of the Security Council towards any such dispute which has the potentiality of the breach of international peace and security.
2. The preparatory commission has drawn the attention of its members towards several political functions.
3. Various organs of the United Nations Organisations have entrusted several political functions to the Secretary-General from time to time.
4. Different member States have not interfered in his political functions and instead approved the right of performing his political functions.
5. In the last the personality of the Secretary-General has also helped him in usurping the political function.
The United Nations has become a forum of inescapable importance and no problem of world-wide importance can be settled without its association in some way or other with the constant increase of the importance of the U.N.O. as world forum, the importance of the office of the Secretary-General is bound to increase. Though there are certain clear limitations of the Secretary-General of the U.N.O. will continue to wield immense power and influence in respect of various activities associated with the U.N.O. especially the United Nations function of peaceful settlement. Much will, however, depend upon the character of the individuals who hold the office and the political circumstances of the day.
Q. 19. What are the chief functions of Secretary-General of United Nations Organisation?
Ans. Functions of the Secretary-General of U.N.O.- Functions of the Secretary-General can be listed as follows:
1. Administrative Functions. The Secretary-General is the Chief Administrative Officer of the United Nations Organisation. So he is Secretary-General of all the organs of the United Nations Organisation. He appoints all the staff of the United Nations Organisation. It is true that he takes the advices of different governments regarding the appointment of the staff. It is not possible for him to know all the qualified persons of the world. So he has to seek the advices of various States. He has to keep in view the geographical position while making appointments of the staff As far as possible, proper geographical distribution of the staff is essential. Proper representation of Asia and Africa has not been possible as yet.
According to the Article 100 of the Charter, member-States have been refused to exert influence on the staff. The Secretary-General has full rights to appoint, dismiss and suspend the staff.
2. Financial Functions. The Secretary-General prepares the budget of the United Nations Organisation. There is a committee to help him in the performance of this function. This department is under an Assistant Secretary-General, who performs the work of formulating the budget, to presenting the demand for money, and determining the share of the member States. He also performs the work of audit. Secretary-General makes annual report to the General Assembly on the work of the Organisation. In fact, the Annual Session of the General Assembly begins with the discussion of the report of the Secretary-General on the work of the Organisation as a whole. The Secretary-General gets collected all the statics in regard to the economic condition on the whole world and submit those datas to the Economic and Social Council.
3. Representative Function. He is the Secretary-General of the United Nations Organisation, and so he is the Secretary-General of the various organs of the U. N. O. He occupies a seat just beside the presiding officer of every organ in its meetings. If he remains absent personally from the meeting of any organ, he sends his own representative. He is the medium of communication among States and various organs. He sends the resolutions of the organs to States. He presents the ideas of the States before different organs. He prepares the agenda of all the organs of U. N. O. He is the chief spokesman of the United Nations Organisation. He invites the representatives of newspapers, replies their questions, clarifies the policies of the U. N. O., issues bulletins, delivers speeches at public places, presents annual reports before all the organs. The annual reports include the accounts of the activities of the previous years. He draws the attention towards the various difficulties and submits suggestions. His annual report is becoming equivalent to the message of the President of the United States of America.
4. Political Function.-Lie had the belief that the Secretary-General of the United Nations Organisation had to perform much more political functions in comparison to the Secretary of the League of Nations. The political functions of the Secretary-General have increased manifold due to certain Articles of the Charter, working system of various organs and the different States. When the Iranian representatives wanted to present the Iranian problem before the Security Council. Lie had said that Iran had the right to present the matter before the Security Council and advised that direct negotiations should be made before presenting the problem to the Security-Council. This view of Lie gave a big shock to America. In fact, America did not like this view point of Lie. America expressed her idea before the Council in accordance with the Article 99 of the Charter. Regarding the removal of the Iranian problem from the agenda of the Security Council, it was the personal view of Lie. There had been sufficient controversy and discussion in and outside the Security-Council regarding the right of the Secretary-General to interfere in the working of the Security Council. Article 99 of the Charter enables the Secretary- General to consider even those disputes, situations or matters which are not raised by a member of the Council. For this purpose he may also call the meeting of the Security Council. He can also present information or state opinions on matters already under the consideration of the Security Council. Some glaring examples in this regard are the question of Iran, proposals for negotiation among the great powers regarding representation of China in the United Nations Organisation in 1950, and several initiatives taken by him for safeguarding international peace and security.
In the context of the functions of the Secretary-General, it is essential to make a brief reference to the devotion of the various Secretary-Generals to the ideas of the Charter, which undoubtedly contributed making him powerful. Undoubtedly all the Secretary-Generals exhibited their devotion to the ideas of the Charter, but it is essential to make special reference of Dag Hammarskjold who has outshined all others in this respect. While making an offer to tender his resignation after the Anglo-French vetoes in the Security Council during the Middle East crisis in the year 1956, he made a remarkable statement-“The principles of the Charter are, by far, greater than the organisation in which they are embodied, and the aims which they are to safeguard are holier than the policies of any single nation or people…….. He must also be a servant of the principles of the Charter, and its aims must ultimately determine what for him is right and wrong.”
Q. 20. How the Secretary-General of the United Nations Organisation is appointed ?
Ans. Appointment of the Secretary-General of U.N.O.- The chief administrative officer of the Secretariat of the United Nations Organisation, le, the Secretary-General is appointed by the General Assembly upon the recommendations of the Security Council which holds a private session to find out a candidate for the office, who is acceptable to all the permanent members. As the appointment of the Secretary-General is a substantial matter, it requires the concurrence of all the five permanent members of the Security Council. Mostly a renowned person of any smaller and neutral country is appointed to the post of the Secretary- General. Only that eminent person of a neutral State may be appointed who can be acceptable to all the five permanent members of the United Nations Organisation. The General Assembly reserves the right to reject the name recommended by the Security Council. However, it cannot make its own choice. It has to wait until another candidate is recommended by the Security Council.
As the Secretary-General of the United Nations has been entrusted the important responsibility of general and executive administration, technical function, financial arrangement, organisation of the U. N. Secretariat, political function and representation, highly qualified, competent and technically and politically skilled as well as eminent personalities only should be appointed on this coveted post. A Commission instituted by the General Assembly suggested that the first Secretary-General should be appointed for five years and after the expiry of his tenure before allowing him the second term serious consideration is required to be given. The Commission also suggested that the Security Council must furnish only one name for the consideration of the General Assembly so that the discussion may be averted and there should be the system of secret ballot in the above context.
According to a famous diplomat, only such an individual is the most suitable for the post of Secretary-General in this world, who does not have attachment for any specific religion or caste any system of ideology. conception or tradition.
Q. 21. Discuss the position of the Secretary-General of United Nations.
Ans. Position of Secretary-General of U.N.O.-The Secretary- General of the United Nations Organisation is regarded as international statesman. He can be compared with such an additional member of the Security Council, who has neither the right to participate in the voting nor the right to exercise veto power. Some scholars call him as the first citizen of the world, ie, the world leader. According to Trygave Lie, the hopes of peace and culture are inherent in the post of the Secretary-General. The fate of the United Nations Organisation depends on the character, scholarship and political skill of the Secretary-General. He has the right to draw the attention of the Security Council towards any such incident which according to his reason creates obstruction in the world security. Such rights were not available to the Secretary-General under the League of Nations.
He can present any subject, controversy and position before the Security Council in its temporary working. The Secretary-General gets rare opportunity to exercise this right but the very existence of this right strengthens his position. The Secretary-General can take some political decisions too. He has the right to present such economic and social incidents before the Security Council, from there may be the possibility of resulting some political consequences. He acts as a link among various rgans of the world organisation. The Secretary-General can get any type of advice before exercising his powers. He will take the decision with the help of his own reason, that which international problem is to be presented before the Security Council at what time, before which he himself evaluates the situation through informal talks. He does not become the target of criticism while exercising this right provided to him. Mostly the work of the Secretary-General is regarded to be neutral because he will not think in the interest of any one nation. The Secretary-General can make declaration in connection with the exercise of his rights and fulfilment of his duties. If needed, he can present the draft of his own views before the Security Council for its consideration. He can participate in political activities and also present his own views if he thinks it proper.
The Secretary-General has directly and indirectly got such wide and significant rights that if he intends, he can take undue and improper advantages from them, but not even single such example has come to light till today. Mostly only neutral persons of neutral States are appointed to the post of the Secretary General, whose behaviour and conduct can be internationally evaluated. The Secretary-General can address the world public opinion and can make requests for the establishment of peace from the floor of the Security Council. The appeal of the Secretary-General has definitely international influence. His appeal helps in reducing the cold war and sometimes a conflict likely to start may be averted. The Secretary- General can perform any work according to his own reason without the help of any organ of the United Nations Organisation, due to which he may become the spokesman of international interests in the field of world politics.
The Secretary-General of the United Nations Organisation is regarded as the chief administrative officer of the world organisation. Some persons have even this belief that the Secretary-General is the entire Secretariat. All the employees of the Secretariat are appointed by the United Nations Organisation and it is only the Secretary-General who is responsible to the United Nations Organisation for the performance of all the functions of the Secretariat. The prestige of the United Nations Organisation is related with the prestige of the Secretary-General It is the Secretary-General who get maximum opportunity to implement the principles incorporated in the Charter. The role of the Secretary-General in fulfilling the requirements of the constitutional conduct of all the member States is considered to be very significant. He has to carry out the important responsibility of the preparation of important documents, drafts and reports of the United Nations Organisation, through which the Secretary-General can indirectly exert influence over the important decisions of the United Nations Organisation.
Q. 22. Write a short essay on the Secretary-General of United Nations Organisation.
Ans. Essay on Secretary-General of U.N.O.-The most important officer of the United Nations Organisation has to play the role of the Secretary-General in the meetings of the General Assembly and Security Council, Economic and Social Council and Trusteeship Council. It is the Secretary-General only, who performs the functions entrusted by all the above-mentioned organisations. He furnishes his annual report regarding the activities and functions of the United Nations Organisation before the General Assembly. The annual report presented by him is considered in the regular session (which starts from the third Tuesday of September every year) of the General Assembly. The Secretary-General also mentions in his annual report that to what extent the resolutions and decisions approved by all the organs of the United Nations Organisation have been implemented. The Secretary-General also presents some important suggestions for minimizing the international tensions while mentioning the international political situations and incidents. The report of the Secretary-General is regarded as the balanced statement of the success, achievements and failures of the United Nations Organisation. Some thinkers have compared the annual report of the Secretary-General with the messages of the American President. As the President of the United States of America clarifies the situation and policies of the nation before the Congress (legislature), the Secretary-General submits the description of international situations and circumstances and his own suggestions in this context in his annual report.
The Secretary-General of the United Nations Organisation is free to express his ideas on theoretical questions too. In the annual report of the year 1948. Mr. Trygave Lie, clearly told that the world cannot adopt any one type of economic system whether it is Communistic or Capitalistic.
The Secretary-General of the United Nations Organisation does not represent any specific nation. Those nations which select the Secretary-General, start feeling jealousy with his powers and rights, though it is true that the Secretary-General does not have any power except the good wishes of the member-States. It is proper that the Secretary-General should not depend on any powerful group for the real leadership, which effects the decisions in the last moments.
The extensive use of the formal powers by the Secretary-General and the development of his role in peaceful settlement activities have had considerable effect on the United Nations as a whole. The most important procedural change that had taken place in the peaceful activities of the U.N.O. since its inception “has been the emergence of the Secretary- General as an active diplomatic agent”. The development of the role of the Secretary-General as an effective instrument of conciliation at the disposal of the Security Council and the General Assembly and the consent availability of his assistance to the members have been to a great extent instrumental in converting U.N.O. into a more effective centre for the resolution of international disputes. Yet another important effect ensuing from the development of the Secretary-General’s role is that it has given the organisation a certain nascent autonomy from its members.
Till this concept will remain alive in the world that the entire power of the significant organisation like United Nations Organisation is vested in member-nations and specifically in big States without whose cooperation the important work like international peace and security would become loose, neither the world organization nor the Secretary-General will remain significant. The working methodology of Dag Hammarskjold may be conventional, but he always adopted the revolutionary view point while executing the principles of United Nations Organisation. When in 1956 Great Britain and France had carried on military intervention in Egypt, Dag Hammarskjold had made it quite clear before the Security- Council that the principles of United Nations Charter are more important than the world organisation and the objectives of those principle are more pious than the policies of any State. He was of the view that the Secretary- General must use his own good offices and co-operate in eradicating the controversy. He was of the opinion that the Secretary-General must always encourage the principles inherent in the Charter in the fulfilment of the responsibility of using his own reason and neutrality. Hammarskjold has the belief that like the member-States who have vowed to observe the Charter, the Secretary-General also must fulfil his pious duties with neutrality, fearlessness and confidence in accordance with the principles of the Charter. The international prestige of Hammarskjold was so high that he commanded the confidence and respect of all the important nations.