Unit V — UN, WTO & ILO

“We the peoples of the United Nations, determined to save succeeding generations from the scourge of war…” — Preamble, UN Charter (1945)

United Nations — Overview

United Nations — Six Principal Organs

flowchart TD
    UN[United Nations - Est. 1945] --> GA[General Assembly]
    UN --> SC[Security Council]
    UN --> ECOSOC[ECOSOC]
    UN --> TC[Trusteeship Council - suspended 1994]
    UN --> ICJ[International Court of Justice]
    UN --> SEC[Secretariat]
    GA --> GA1[All 193 members - 1 vote each - Art 18]
    SC --> SC1[5 Permanent P5 + 10 Non-Permanent Members]
    ECOSOC --> E1[54 members - economic and social coordination]
    ICJ --> I1[15 judges - principal judicial organ]
    SEC --> S1[Secretary-General heads - administrative organ]

General Assembly (UNGA)

UNGA Powers

1. Discuss and make recommendations on any matter within the scope of the Charter
2. Consider and approve the UN budget
3. Elect non-permanent members of the UNSC
4. Admit new members (on UNSC recommendation)
5. Adopt international treaties and declarations (e.g., UDHR 1948)
6. Uniting for Peace Resolution (1950) — if UNSC deadlocked, UNGA can recommend collective measures

Security Council (UNSC)

flowchart TD
    SC[Security Council - 15 Members] --> P5[5 Permanent Members P5]
    SC --> NP[10 Non-Permanent Members - 2 year term elected by UNGA]
    P5 --> USA[USA]
    P5 --> UK[United Kingdom]
    P5 --> FRANCE[France]
    P5 --> RUSSIA[Russia - successor to USSR]
    P5 --> CHINA[China - PRC since 1971]
    NP --> REGIONS[Elected on regional basis - 5 regions]
    SC --> CHVI[Chapter VI - Pacific Settlement of Disputes]
    SC --> CHVII[Chapter VII - Action with respect to Threats to Peace]
    CHVII --> ART41[Art 41 - Non-military measures - sanctions, embargo]
    CHVII --> ART42[Art 42 - Military force if Art 41 inadequate]

UNSC Voting — The Veto

Art 27(3) UN Charter: On substantive matters, decisions require the affirmative vote of 9 members, including the concurring votes of all 5 permanent members.

Key rule: An abstention is not a veto — established by SC practice since 1950. Only an explicit “No” vote by a P5 member blocks a resolution.

Chapter VI vs Chapter VII — Critical Distinction

ICJ — International Court of Justice

flowchart TD
    ICJ[ICJ - The Hague - Principal Judicial Organ of UN] --> CONT[Contentious Jurisdiction]
    ICJ --> ADV[Advisory Jurisdiction]
    CONT --> C1[Only States can be parties - not individuals or IOs]
    CONT --> C2[Consent-based - both parties must agree]
    CONT --> C3[Judgment is final and binding - Art 59 - only between parties]
    CONT --> OC[Optional Clause - Art 36-2 - Compulsory jurisdiction if both have accepted]
    ADV --> A1[UN organs and specialised agencies can request]
    ADV --> A2[Opinion is NOT legally binding]
    ADV --> A3[Carries great moral authority - Nuclear Weapons 1996]

Basis of ICJ Jurisdiction

1. Special agreement (compromis) — both States agree to submit the dispute
2. Optional clause (Art 36(2)) — States file unilateral declarations accepting compulsory jurisdiction
3. Treaty clause — specific treaties confer ICJ jurisdiction (e.g., Genocide Convention)
4. Forum prorogatum — a State’s conduct implies acceptance after proceedings begin

World Trade Organisation (WTO)

WTO Core Principles

WTO Dispute Settlement — DSU

flowchart LR
    D[Trade Dispute] --> CONS[Consultations - 60 days]
    CONS --> PANEL[Panel established - 3 or 5 members]
    PANEL --> REPORT[Panel Report - 6 months]
    REPORT --> AB[Appellate Body - 60-90 days]
    AB --> DSB[DSB adopts report - reverse consensus rule]
    DSB --> COMPLY[Comply within reasonable period of time]
    COMPLY -- Failure --> COMP2[Compensation negotiated]
    COMP2 -- Failure --> SUSPEND[Retaliatory tariffs - DSB authorised suspension of concessions]

Key feature: The DSB adopts panel/AB reports by reverse consensus — the report is adopted unless all members agree to reject it. This makes adoption virtually automatic.

International Labour Organisation (ILO)

ILO — Tripartite Structure

flowchart TD
    ILO[ILO - Tripartite Structure] --> GC[International Labour Conference - Annual]
    ILO --> GB[Governing Body - Executive]
    ILO --> ILS[International Labour Office - Secretariat]
    GC --> GOV[Government Representatives - 2 per country]
    GC --> EMP[Employer Representatives - 1 per country]
    GC --> WORK[Worker Representatives - 1 per country]
    GC --> ADOPT[Adopts Conventions and Recommendations]
    GB --> GB1[Sets agenda, supervises ILO work]
    GB --> GB2[56 members - 28 govt, 14 employer, 14 worker]

ILO Conventions vs Recommendations

Eight Fundamental ILO Conventions

India has ratified: No. 29, No. 105, No. 138 (2017), No. 182 (2017) — India has NOT ratified No. 87 and 98 (freedom of association and collective bargaining).

✏️ Sample Solved Problem (IRAC Method)

Problem: The UNSC passes a resolution under Chapter VII requiring all States to freeze the assets of Country X. State Y (a UN member) refuses, saying the resolution violates its sovereignty. Is Y bound?

I — Issue

Whether a UN Security Council resolution adopted under Chapter VII is legally binding on all UN member States, and whether sovereignty under Art 2(1) is a valid defence against compliance.

R — Rule

• Art 25, UN Charter — Members agree to accept and carry out the decisions of the Security Council
• Art 103, UN Charter — In case of conflict, obligations under the UN Charter prevail over all other international agreements
• Art 41 — UNSC may decide measures not involving force (asset freezes, embargoes, travel bans)
• Art 2(1) — Sovereign equality of all States
• Art 2(7) — Domestic jurisdiction protected, but Chapter VII enforcement is expressly excluded from this protection

A — Analysis

Under Art 25, UNSC decisions adopted under Chapter VII are legally binding on all 193 UN members — they are not recommendations. Art 103 makes the Charter superior to all other treaty obligations — if Y has an investment treaty with X that would prevent asset freezes, the UNSC resolution overrides it. Sovereignty under Art 2(1) guarantees equality, not immunity from collective decisions. Art 2(7) itself carves out Chapter VII — “this principle shall not prejudice the application of enforcement measures under Chapter VII.” State Y’s sovereignty argument is expressly excluded by the Charter’s own text.

C — Conclusion

State Y is legally bound to comply. Sovereignty is not a valid defence against a Chapter VII UNSC resolution. Non-compliance exposes Y to further measures under Art 41 (economic sanctions) or Art 42 (collective military force). Art 103 ensures the resolution prevails over any conflicting bilateral obligations.

📄 The full PDF bundle has 5 more problems for Unit V — including WTO reverse consensus dispute, ILO convention ratification obligation, UNGA vs UNSC authority conflict, Uniting for Peace Resolution application, and the ICJ optional clause problem. Get the Notes + Question Bank bundle — ₹199