ORGANIZATION OF THE UNITED NATIONS (Organisation des Nations Unies, O.N.U., or *United Nations Organisation*, U.N.O.) – The international body created after the Second World War in place of the League of Nations (v.).
I. HISTORY
A first indication of the intention of the great powers to establish a collective organization appeared on 14 Aug. 1941, in the Atlantic Charter. Initially a joint declaration by the United States and the United Kingdom, it became a program adopted by the Allied Nations in the war against Germany and Japan, as set forth in the declaration of 10 Jan. 1942, first signed by a group of 22 nations and later expanded to 41 with the accession of 19 more states. A further step toward clarifying this purpose, which had remained vague in earlier documents, was taken with the declaration of 30 Oct. 1943, issued on the occasion of the Moscow Conference by the four great powers—United States, United Kingdom, Soviet Union, and China. In this declaration, for the first time, explicit mention was made of the need to establish a general international organization for the maintenance of peace and security, to be founded on the principle of the sovereign equality of all States.
The period of its implementation began with meetings of experts from the four powers just named, who in Oct. 1944 agreed on a draft of the Charter, known by the place where it was drawn up as the “Dumbarton Oaks Proposals.” This draft was then discussed at the Yalta Conference, which concluded on 11 Feb. 1945, where the United States, the United Kingdom, and the Soviet Union defined the voting procedure for the future Security Council and stipulated that only those powers which had taken part in the war against Germany and Japan and those which had declared war on Germany by the end of February would be permitted to participate in the next conference, to be held in San Francisco. Several States, which had hitherto remained neutral, issued the required declaration before the deadline (Turkey, Egypt, Chile, Colombia, and other Latin American countries); others, however, maintained their neutrality. The criterion adopted had the effect that, at its first establishment, the organization was little more than an organization of the victorious peoples. This would be reflected in several articles of the Charter, which was drafted along the lines already prepared at Dumbarton Oaks, with certain amendments proposed either jointly or individually by the four great powers; it was approved by 49 States on 6 June 1945 and entered into force on 24 Oct. of the same year.
1. Structure of the U.N. – The United Nations propose as their aim the maintenance of peace, in the same way as the League of Nations, but with particular emphasis on collective security, hence the prominence given in Chapter I to effective measures for removing threats to peace and suppressing acts of aggression. Moreover, their powers are much broader than those of the League of Nations, as they aim not only at peace and security but also at fostering international cooperation to solve economic, social, and cultural problems and to promote respect for human rights and fundamental freedoms. The principle on which the Organization is founded, and which remained merely formal in subsequent provisions of the Charter, is that of the sovereign equality of all Member States, which undertake to settle their disputes by peaceful means, to refrain from the threat or use of force, and to give the Organization every assistance in any action it takes to achieve its purposes.
A somewhat unclear provision is contained in Article 2(6), in which the Organization is assigned the task of ensuring that non-member States act in accordance with these principles insofar as may be necessary for the maintenance of international peace and security. From this it might be inferred that the obligations of the Charter are extended even to States that have not signed it, thereby derogating from the principle that a treaty is binding only upon the parties to it, and that the Organization intends to extend its powers with respect to non-member States in matters concerning peace and security. Under this provision, it would assume the character of a super-State, to which is entrusted the control of all international life, and this power would not be limited by Article 2(7) (which excludes intervention in matters essentially within the domestic jurisdiction of any State, and thus seems to confirm the principle of non-intervention), since any internal situation prejudicial to peace and security would fall within its competence.
The Members of the Organization are original Members if they participated in the San Francisco Conference and signed the United Nations Declaration of 1 Jan. 1942 and ratified the Charter; otherwise, they are non-original Members. Admission may take place if, in the judgment of the Organization, they are peace-loving and willing and able to carry out the obligations of the Charter. Admission shall be decided by the General Assembly upon the recommendation of the Security Council; by the same procedure, States may be suspended or expelled if they are deemed unworthy. The internal structure of the United Nations follows the model already adopted for the League of Nations, with the addition of certain new organs for specific functions.
2. Specific Organs of the U.N. – The organs of the U.N. are: the General Assembly, the Security Council, the Economic and Social Council, the Trusteeship Council, the International Court of Justice, and the Secretariat. The entire system, however, revolves around the second of these, namely the Security Council, which has authority over all questions of international life, in contrast to the total subjection of the Members of the Organization and the General Assembly, which has been assigned only an advisory function. This subordination to the Security Council constitutes one of the major innovations of the United Nations Charter.
The General Assembly is composed of all the members of the Organization. Its functions are limited to making recommendations to the members or to the Security Council, which is not bound to follow them, since it is entirely within its discretion to decide on questions of peace and security. According to no. 2 of art. 11, the Assembly may take no action on questions for which action is necessary and which must be referred to the Security Council; and it must also refrain, as art. 12 adds, from making recommendations when the Council is dealing with any dispute or situation, unless so requested by the Council itself. The Secretary-General, with the consent of the Council, shall notify it of matters relating to the maintenance of peace of which it is seized.
Unlike what occurred in the League of Nations, the Assembly decides by a qualified majority of two-thirds of the members present and voting on questions concerning peace and security, the election of non-permanent members of the Council, and the admission or expulsion for failure to fulfil the obligations assumed; by a simple majority on matters of lesser importance. The replacement of the principle of unanimity with that of majority constitutes an internal change of great importance compared with the previous international organization, in that it confers upon the new one the character of an organic society superior to the individual States, which are bound to accept its decisions even if their will is contrary, implying a partial renunciation of their sovereignty or at least the loss of its absoluteness. However, this particular and important innovation has not been extended to the great powers, which, in accordance with the Charter, retain sovereignty in the old conception, i.e., not limited by any rule.
The Security Council consists of eleven members: five permanent (United States, Great Britain, Russia, France and China) and six elective, appointed by the Assembly for a period of two years, with particular regard to the contribution made to the maintenance of peace and security and to equitable geographical distribution (art. 23). The Security Council has the broadest powers, which are in no way limited or subordinated to the control of other organs or of the Assembly. It decides with full discretion on all questions relating to peace and security, and its decisions automatically become binding on all members of the Organization.
The fact that five members of the Council are not elective calls into question the principle of the sovereign equality of members, affirmed in chap. 1, and within the Organization a hierarchy is established which, if the Charter were operative, would amount to a true relationship of subjection of the small powers to the great powers.
Indeed, the members undertake to confer on the Security Council primary responsibility for the maintenance of peace and to recognize that it acts on their behalf (art. 24), and to carry out its decisions (art. 25). The voting system in turn separates the five permanent members from the others, placing the entire international life at the discretion of their will. For procedural questions a simple majority of seven suffices, but for those concerning any other matter a majority of seven must be accompanied by the unanimity of the permanent members, except when one of them is a party to the dispute, in which case it must abstain. The majority principle is thus contaminated by the inclusion of that of unanimity in favour of the great powers, which, with the so-called right of veto, have the power to paralyse any initiative. In all other respects, assuming unanimity, they enjoy the broadest discretion of action, as may be seen by examining chaps. 6 and 7, where the functions of the Security Council are listed. In substance, it may be said that the Charter of the United Nations has sought to establish a true world government, placed in the hands of the great powers and exercised by them with absolute autonomy. The resistance of the small powers manifested at San Francisco and on other occasions is then understandable.
The Economic and Social Council is composed of 18 members elected by the Assembly every three years and has as its function the fulfilment of the obligations of the United Nations in economic and social matters, as listed in art. 55.
The Trusteeship Council, otherwise known as the "trusteeship" Council, is composed half of members administering trust territories and half of members elected by the Assembly. Regarding the settlement of the complex colonial question, the Charter contains a programmatic declaration concerning the so-called non-self-governing territories, in which the principles are set forth that must guide the policy of the powers with respect to them. The functions of the Trusteeship Council are to supervise the Trust Administrations and are exercised under the direction of the General Assembly.
The Secretary-General, finally, is appointed by the Assembly on the proposal of the Council. Art. 47 of the Charter also provides for the establishment of a Military Staff Committee to advise and assist the Security Council on the maintenance of peace, the employment and command of the forces at its disposal, the regulation of armaments and the possibilities of disarmament. It should consist only of the Chiefs of Staff of the permanent members of the Security Council. This Committee has never come into operation.
From the foregoing, it appears how the Charter of the U.N. has resulted from the influence of two dominant ideas: on the one hand, to remedy the inefficiency shown by the League of Nations and its inability to safeguard peace and security, and consequently to constitute an organ of world domination, concentrating all powers in the hands of the most responsible and capable powers of intervening rapidly and with all the weight of their strength in the resolution of international disputes. The intention, however, was to be frustrated by the presupposition on which the Organization was thus imposed. This consists in the unanimous will of the permanent members of the Security Council, without which the entire system becomes disarticulated and paralysed in its functioning. The Security Council, in which two opposing blocs confront each other, has become, through the right of veto, a paralysing organ, failing in the tasks assigned to II. Great power politics now takes place outside the framework of the United Nations, in the regional agreements envisaged by the Charter (chap. 8), which operate autonomously, such as, for example, the Atlantic Pact. The U.N. is also responsible for the coordination of the various specialized agencies established by intergovernmental agreements and having broad international tasks in the economic, social, cultural, educational, health and similar fields, such as the FAO (Food and Agriculture Organization), the ILO (International Labour Office), the PICA, UNESCO, the UNRRA (v. MONETA; ORGANIZZAZIONE METEOROLOGICA; ORGANIZZAZIONE INTERNAZIONALE PER L'AGRICOLTURA; ISTRUZIONE; UNESCO).
The seat of the U.N., after some peregrinations, has been at Lake Success on Long Island, near New York, since 16 Aug. 1945, but provisionally. The permanent seat is in preparation, fixed in the Greenwich-Stamford area, on the border between the States of New York and Connecticut.
These last are fifteen in number, elected for nine-year terms, without regard to nationality, from among persons of high moral standing who possess the qualifications required in their respective countries for appointment to the highest judicial offices, or who are jurists of recognized competence in the field of international law (art. 2). To achieve this selection, the Statute provides: a) how judges are elected, which is carried out through the joint concurrence of the General Assembly and the Security Council, selecting them from a list of candidates prepared by the Secretary-General of the United Nations; b) the incompatibilities, to guarantee the requirement of judicial independence (arts. 16 and 17 of the Statute); c) the guarantee of tenure; they may not be removed except by a unanimous vote of the members of the Court, and only when they have ceased to meet the required conditions (art. 18 of the Statute); d) the privileges and immunities assured to them in the performance of their duties (art. 19).
The Court elects (for three-year terms) a President and a Vice-President (eligible for re-election) and appoints its Registrar (art. 21 of the Statute). It has its seat at The Hague, though it may sit elsewhere, and remains in continuous session (arts. 22 and 23 of the Statute). It must have a minimum quorum of nine judges (art. 25).
In addition to sitting in plenary session, it may function in chambers for certain categories of disputes (e.g., labor, transit, and communications), or for questions to be decided by summary procedure, through a special chamber of five members. It may also call upon assessors without voting rights (arts. 25–30 of the Statute and the Rules).
In accordance with tradition, judges who are nationals of the parties to a dispute retain the right to participate in the consideration of the case, and if only one party has a judge, the other party may participate in the examination of the dispute with a judge of its own designation (art. 31 of the Statute).
The Court exercises both judicial and advisory functions. The latter are not strictly delimited; the former, however, are more precisely defined, albeit in a flexible manner.
The Court’s jurisdiction extends to all disputes submitted to it by the parties (voluntarily accepted jurisdiction) and to all cases specifically provided for in the United Nations Charter or in treaties and conventions in force (art. 36, §1, of the Statute).
Moreover, the Statute maintains the faculty granted to any State party to the Statute of recognizing as compulsory *ipso facto* and without special agreement, in relation to any other State accepting the same obligation, the jurisdiction of the Court over legal questions concerning the interpretation of a treaty, any question of international law, the existence of any fact which, if established, would constitute a breach of an international obligation, and the nature or extent of the reparation due for the breach of an international obligation. Such declarations may be unconditional or on condition of reciprocity by several or specific States or for a specified period (art. 36, §§3–4, of the Statute). In case of a dispute over the Court’s jurisdiction, the Court itself decides the matter (final paragraph of art. 36 of the Statute).
Where the parties are in agreement, the Court may decide *ex aequo et bono* (art. 38, §2), but in general it decides according to the norms of international law, which are: a) international conventions (general or particular) that establish rules expressly recognized by the States in dispute; b) international custom, as evidence of a general practice accepted as law; c) the general principles of law recognized by civilized nations; d) judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law, while maintaining (art. 59 of the Statute) the principle that the decision is binding only upon the parties and in respect of the particular dispute decided.
An advisory opinion may be requested from the Court on any legal question by the General Assembly or the Security Council, as well as, within the scope of their activities and with the authorization of the General Assembly, by the specialized agencies and institutions of the United Nations (art. 96, §4).
To regulate this function, the Statute incorporates the norms already included in the Regulations of the Permanent Court of Arbitration (arts. 65–68; cf. arts. 71–74 of the Rules of the P.C.A.). This is a broad procedure, in that the Court does not decide on a mere request. This must be documented, and the parties concerned are summoned to appear before the Court to provide information and make statements, and the opinion is delivered in open session. In other words, the procedure closely follows, by express provision (art. 68 of the Statute), the rules established for contentious procedure, insofar as applicable.
The procedure is largely regulated both in the Statute (arts. 39–64) and in the Rules. Only States may be parties in proceedings, though this does not prevent them from acting in the interest of private individuals (art. 34 of the Statute). The judgments of the Court are binding only on the parties in respect of the particular question decided (art. 60 of the Statute), are final and without appeal (art. 61 of the Statute), and the only recourse against them is revision, which may be sought only on the discovery of a fact of such a nature as to constitute a decisive element, unknown at the time of the judgment by the Court and by the party requesting revision, provided that such ignorance is not due to negligence.
Although the States parties are committed (art. 94, §1) to comply with the decisions of the Court, these are not enforceable by coercive means. Non-compliance therefore falls within the political sphere and becomes a matter for the Security Council of the United Nations (art. 94, §2), which, when it deems necessary, may make recommendations or decide what measures should be taken to give effect to the judgment.
INTERNATIONAL ORGANIZATION OF AGRICULTURE. — Better known by the acronym F.A.O. (Food and Agriculture Organization), this is the organization established within the United Nations, intended to encompass on a worldwide scale all problems of agriculture and nutrition. It has a precedent in the International Institute of Agriculture, founded in 1905, which for 35 years carried out work of study and collaboration among various countries in the field of agriculture.
The foundations of the new organization were laid as early as 1943 (May 17–June 7) at Hot Springs in the United States, and the F.A.O. began its work in the first two sessions of the General Conference, held respectively in Quebec and Copenhagen in 1945 and 1946. Once its structure was completed, it currently comprises 58 States freely united on equal terms for the fulfillment of its statutory tasks, and has a central secretariat and a series of central and regional offices.
The National Committees of the F.A.O. in each member country constitute the liaison body between governments and the international organization.
The Food and Agriculture Organization (F.A.O.) also includes, on equal terms, countries such as Italy that are not members of the United Nations; all the Great Powers are members except the U.S.S.R. The general aim of the F.A.O. is to promote throughout the world a better organized agriculture, a better distribution of available goods between producing and consuming countries, and an improved diet. Consequently, its objective is to remedy the privations caused by market instability, surpluses, waste, and irrational exploitation of the land. The F.A.O. will thus also be one of the bodies that will administer the funds made available by the United Nations to disseminate in less developed countries the techniques and improved structures already characteristic of countries with intensive economies,
a programme also known as Point IV of Truman.
In accordance with its objectives, the F.A.O. formulates recommendations that must then be approved by the member States. Its organs are: the annual Conference of member States, the Executive Committee, comprising from 9 to 15 members, and the offices. The permanent headquarters of the F.A.O. has been established in Rome, which was already the seat of the International Institute of Agriculture.
INTERNATIONAL LABOUR ORGANIZATION (Organizzazione Internazionale del Lavoro; sigla: I.L.O.). — It is a tripartite institution in which governments, employers, and workers, directly represented, carry out, on an international level, an action directed towards the protection and improvement of working conditions, to promote the international stability of economic and social conditions.
A part of the peace treaties of the first post-war period (Part XIII of those of Versailles, St-Germain, and Trianon, Part XII of those of Neuilly and Sèvres) is devoted to the I.L.O., and in it is inserted (cf. art. 427 of the Treaty of Versailles) the so-called “International Labour Charter,” containing some general guiding principles of the social policy of the League of Nations, within which the Organization was included with a certain autonomy (the principle that labour must not be considered simply as a commodity or article of commerce; the right of association for all purposes not contrary to the law, both for wage-earners and for employers; remuneration of workers with a wage ensuring them a suitable standard of living, consonant with the environment and the time; adoption of the eight-hour day and the forty-eight-hour week, to be achieved wherever not yet obtained; adoption of a weekly rest period of at least twenty-four hours, including Sunday, wherever possible; suppression of child labour and the obligation to impose necessary limitations on the work of young persons of both sexes to allow them to continue their education and ensure their physical development; the principle of equal pay without distinction of sex for work of equal value; the assurance in the laws of each country on working conditions of equitable economic treatment for all workers legally resident in the country; the organization by each State of an inspection service, including women, to ensure the application of laws and regulations on the protection of workers).
The I.L.O. survived the collapse of the League of Nations, continued to function during the Second World War, and then became linked with the new United Nations Organization (U.N.O.). Among the organs of the latter is an Economic and Social Council with particular competence regarding the realization of the aims of the U.N.O. in relation to international cooperation in economic and social matters (including the promotion of a higher standard of living, full employment of labour, and conditions for economic and social progress and development). The I.L.O. is recognized as a specialized agency of the U.N.O.; their relations are regulated by a specific agreement (1946). It has a characteristic of its own among interstate institutions, in that its organs include the representatives of workers and employers alongside those of governments in the proportion of two for the latter and one for each of the others. Its headquarters are in Geneva, except for the war period (between 1940 and 1948), during which it had to be transferred to Montreal. During the same period, at the 1944 Conference, the so-called “Philadelphia Declaration” was adopted, an updating of the International Labour Charter. On the basis of this, the I.L.O. has the duty to promote, in all the nations of the world, measures aimed in particular at: full employment and a wage sufficient for the necessities of life; the extension of social security systems and medical care; the protection of maternity and childhood; sufficient food, decent housing, and leisure; equal opportunities for all to have better education and vocational training; adequate measures of hygiene and safety in workplaces; the effective recognition of collective bargaining and cooperation between employers and workers for the improvement of production organization; the possibility for all to have an equitable share in the fruits of progress in terms of wages and earnings, etc.
There are three essential organs: the International Labour Conference, the supreme deliberative body, which generally meets once a year; the Governing Body, the directing body, which meets four times in the same period; and the International Labour Office, the executive and administrative organ and permanent secretariat (with a seat also in Rome, as well as in other cities in various countries).
The Conference brings together the national delegations of the member States, which have reached the number of 61. Italy has been a member since its inception (1919), except for the final years of Fascism, when it withdrew for political reasons following the Ethiopian War, and then rejoined in 1945. The main task of the Conference is to draw up standards of universal scope, making them the subject of international conventions (multilateral, open) or recommendations to governments (for adoption in individual domestic laws). The Constitution of the I.L.O. requires that member States submit to the appropriate national authorities, for the purpose of ratification, the conventions adopted by the Conference. A convention enters into force when ratified by a specified number of States. Upon ratification, the State undertakes to modify or supplement its legislation to bring it into line with the provisions of the convention; it also undertakes to submit to the I.L.O. a report on the measures taken in this regard. Measures are also envisaged to ensure that ratified conventions are effectively implemented. Recommendations do not require ratification, but member States are nevertheless obliged to give practical effect to the provisions adopted therein.
The Governing Body is composed of 32 members: 8 representing workers, 8 representing employers, and 16 representing governments, of whom 8 have permanent representation from the most industrially important countries (including Italy) and 8 are elected from the other States. It sets the agenda for the Conference; directs and supervises the Organization’s services, and approves the annual budget.
The Office comprises the entire range of technical services, is responsible for studies and research and for the drafting and printing of numerous publications, provides secretarial services, prepares documentation on matters under discussion, and supplies the means to ensure the application of conventions.
As of 1 August 1949, 98 conventions and 90 recommendations had been adopted; the former had received 1,022 ratifications. Under the auspices of the ILO, a large number of missions have been sent to countries and regions in need of expert assistance. In recent years, this work of technical assistance to member States has been expanded. A particular effort is directed towards promoting and guiding the overall more efficient use of labour resources, which involves the organization of employment services, vocational training, and labour migration. At the same time, the ILO has developed its regional activities, holding conferences and preparatory meetings in Europe, Latin America, Asia, and the Near and Middle East. Among the conventions adopted may be mentioned, for example, those on the eight-hour day and the forty-eight-hour week, freedom of association, protection of wages, paid holidays, sickness and old-age insurance, the prohibition of forced labour, and night work by women, etc. Many relate to specific sectors of economic activity; a whole series, for instance, is aimed at improving the conditions of seafarers.
After 1945, industrial committees were established to help solve economic or social problems in particular industries (e.g., coal, iron and steel, petroleum, etc.). To facilitate the Organization’s work in various fields, special committees have been set up (such as those on accident prevention, industrial hygiene, women’s work, salaried employees, social security, etc.).