United Nations (UN)& Its Organs

The United Nations (UN) is an international organization founded in 1945. It is currently

made up of 193 Member States. Its charter was signed in San Francisco on June 26, 1945
and came into existence on October 24, 1945 after 51 countries have signed the charter.

Its predecessor, the League of Nations, created by the Treaty of Versailles in 1919 was
disbanded in 1946. Its mission is to maintain international peace and security, developing
friendly relations among nations and promoting social progress, better living standards and
human rights. It is headquartered in New York, USA.

According to the UN Charter, purposes of the United Nations are:

1. To maintain international peace and security, and to that end: to take effective collective
measures for the prevention and removal of threats to the peace, and for the suppression of
acts of aggression or other breaches of the peace, and to bring about by peaceful means,
and in conformity with the principles of justice and international law, adjustment or settlement
of international disputes or situations which might lead to a breach of the peace;

2. To develop friendly relations among nations based on respect for the principle of equal rights
and self-determination of peoples, and to take other appropriate measures to strengthen
universal peace;

3. To achieve international co-operation in solving international problems of an economic,

social, cultural, or humanitarian character, and in promoting and encouraging respect for
human rights and for fundamental freedoms for all without distinction as to race, sex,
language, or religion; and

4. To be a centre for harmonizing the actions of nations in the attainment of these common
ends.

The Secretary-General is chief administrative officer of the Organization, appointed by the

General Assembly on the recommendation of the Security Council for a five-year, renewable
term.

UN System is made up of the –

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1. Principle Organs established by the UN Charter,
2. Specialized agencies provided for in the UN Charter and
3. Funds & Programmes established by the General Assembly

Principal organs of the United Nations: a General Assembly, a Security Council, an

Economic and Social Council, a Trusteeship Council, an International Court of Justice and a
Secretariat.

United Nations General Assembly (UNGA)

The General Assembly is the main deliberative, policymaking and representative organ of
the UN. All 193 Member States of the UN are represented in the General Assembly, making
it the only UN body with universal representation. Each year, in September, the full UN
membership meets in the General Assembly Hall in New York for the annual General
Assembly session, and general debate, which many heads of state attend and address.
Decisions on important questions, such as those on peace and security, admission of new
members and budgetary matters, require a two-thirds majority of the General Assembly.
Decisions on other questions are by simple majority.

It appoints Secretary General of UN based on the recommendations given by Security

Council. General Assembly elects Non-Permanent members in Security Council and elects
Members for Social and Economic Council. Along with Security Council, General Assembly
elects Judges to International Court of Justice. There are 193 UN member states, each with
a vote in the General Assembly. The President of the General Assembly is elected each
year by assembly to serve a one-year term of office. It has the power to censure states for
violating UN Charter principles.

United Nations Security Council (UNSC)

It has primary responsibility, under the UN Charter, for the maintenance of international
peace and security.The Security Council is made up of fifteen member states, consisting of
five permanent members—China, France, Russia, the United Kingdom, and the United
States—and ten non-permanent members elected for two-year terms by the General
Assembly on a regional basis."Veto power" refers to the power of the permanent member to
veto (Reject) any resolution of Security Council.The unconditional veto possessed by the five
governments has been seen as the most undemocratic character of the UN.While other

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 organs of the UN can only make recommendations to member states, the Security Council
has the power to make binding decisions on member states.

When a dispute leads to hostilities, the Council’s primary concern is to bring them to an end
as soon as possible. In that case, the Council may:

 Issue ceasefire directives that can help prevent an escalation of the conflict;
 Dispatch military observers or a peacekeeping force to help reduce tensions, separate
opposing forces and establish a calm in which peaceful settlements may be sought.
 Beyond this, the Council may opt for enforcement measures, including:
 Economic sanctions, arms embargoes, financial penalties and restrictions, and travel bans;
 Severance of diplomatic relations;
 Blockade;
 Or even collective military action.

A chief concern is to focus action on those responsible for the policies or practices
condemned by the international community, while minimizing the impact of the measures
taken on other parts of the population and economy.

International Court of Justice (ICJ)

The International Court of Justice is the principal judicial organ of the United Nations. It was
established in June 1945 by the Charter of the United Nations.The ICJ is the successor of
the Permanent Court of International Justice (PCIJ), which was established by the League of
Nations in 1920.

It is seated at the Peace Palace, Hague (Netherlands), and the only principal organ of UN to
be not located in New York. It settles legal disputes between states and gives advisory
opinions to the UN and its specialized agencies. It hears cases related to war crimes, illegal
state interference, ethnic cleansing, and other issues.

It is presided over by 15 judges elected to 9 year terms by the UNGA and the UNSC from a
list of people nominated by the national groups in the Permanent Court of Arbitration. A
candidate needs to get an absolute majority in both the chambers i.e. the UNGA and the
UNSC. 5 judges are elected every 3 years to ensure continuity within the court and are
eligible for re-election. No two judges can be the nationals of the same country.

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The Court settles legal disputes between nations only and not between individuals,
organizations and private enterprises in accordance with international law. The Court can
only hear a dispute when requested to do so by one or more States. It cannot deal with a
dispute of its own motion.

Other existing international thematic courts, such as the International Criminal Court (ICC)
are not under the umbrella of the ICJ and it is legally and functionally independent from
United Nations.

Specialised Agencies

Specialized Agencies are legally independent international organizations with their own
rules, membership, organs and financial resources, which were brought into relationship with
the United Nations through negotiated agreements.The 14 specialized agencies are listed
below:

1. Food and Agriculture Organization (FAO)

(Founded in 1945, HQ – Rome, Italy)
It was established with the objective of eliminating hunger and improving nutrition and
standards of living by increasing agricultural productivity.

2. International Civil Aviation Organization (ICAO)

(Founded in 1944, HQ – Montreal, Canada)
It was created after the Chicago convention on International Civil Aviation. It sets standards
and regulations necessary for aviation safety, security, efficiency as well as for aviation
environmental protection. Recently, ICAO introduced a scheme to measure carbon
emission, called as “CORSIA - Carbon Offsetting and Reporting Scheme for International
Aviation”.

3. International Fund for Agricultural Development (IFAD)

(Founded in 1977, HQ – Rome, Italy)
IFAD is dedicated to eradicating poverty and hunger in rural areas of developing countries. It
provides low-interest loans and grants to developing countries to finance innovative
agricultural and rural development programmes and projects.

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4. International Labour Organization (ILO)
(Founded in 1919, HQ – Geneva, Switzerland)
It was created in 1919 by the Versailles Peace Treaty ending World War I. The organization
has 187 of the 193 UN member states plus the Cook Islands. It is responsible for drawing up
and overseeing international labour standards.

5. International Maritime Organization (IMO)

(Founded in 1948, HQ – London, UK)
It is the global standard-setting authority for the safety, security and environmental
performance of international shipping. Its main role is to create a regulatory framework for
the shipping industry that is fair and effective, universally adopted and universally
implemented. The objective of IMO is the improvement of Maritime safety and the
prevention of marine pollution.

6. International Monetary Fund (IMF)

(Founded in 1945, HQ – Washington DC, US)
IMF was conceived at a UN conference in Bretton Woods in July 1944. A core responsibility
of the IMF is to provide loans to member countries experiencing balance of payments
problems. Unlike development banks, the IMF does not lend for specific projects.

7. International Telecommunication Union (ITU)

(Founded in 1865, HQ – Geneva, Switzerland)
It is responsible for the allocation of radio spectrum and satellite orbits, and for the
standardization and development 0f ICTs worldwide.

8. United Nations Educational, Scientific and Cultural Organization (UNESCO)

(Founded in 1945, HQ – Paris, France)
UN Educational Scientific and Cultural Organization is responsible for promoting peace,
social justice, human rights and international security through International cooperation on
educational, science and cultural programs. It has 195 member states.

9. United Nations Industrial Development Organization (UNIDO)

(Founded in 1966, HQ – Vienna, Austria)
UNIDO is a specialised agency of the United Nations that promotes industrial
development for poverty reduction, inclusive globalisation and environmental sustainability.

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10. World Bank Group (WBG)
The World Bank Group (WBG) is a family of five international organizations that make
leveraged loans to developing countries. The organizations are:-

 International Bank for Reconstruction and Development (IBRD) (Founded in 1944,

HQ – Washington DC, US)
 International Development Association (IDA) (Founded in 1960, HQ – Washington
DC, US)
 International Finance Corporation (IFC) (Founded in 1956, HQ – Washington DC, US)
 Multilateral Investment Guarantee Agency (MIGA) (Founded in 1988, HQ –
Washington DC, US)
 International Centre for Settlement of Investment Disputes (ICSID) (Founded in
1968, HQ – Washington DC, US)

IBRD, IFC and IDA are Specialized Agencies of the UN. ICSID and MIGA are not
Specialized Agencies. The IBRD and IDAprovide loans at preferential rates to member
countries, as well as grants to the poorest countries.

IBRD and IDA are collectively known as World Bank IFC, MIGA, and ICSID focus on
strengthening the private sector in developing countries by providing financing, technical
assistance, political risk insurance, and settlement of disputes to private enterprises,
including financial institutions.

11. World Health Organization (WHO)

(Founded in 1948, HQ – Geneva, Switzerland)
The World Health Organization is responsible for providing leadership on global health
matters, shaping the health research agenda, setting norms and standards, articulating
evidence-based policy options, providing technical support to countries and monitoring and
assessing health trends.

12. World Intellectual Property Organization (WIPO)

(Founded in 1967, Geneva, Switzerland)
It is designed to promote the worldwide protection of both industrial property (inventions,
trademarks, and designs) and copyrighted materials (literary, musical, photographic, and
other artistic works).

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13. World Meteorological Organization (WMO)
(Founded in 1950, HQ – Geneva, Switzerland)
WMO provides forecasts and early warnings to nations, which help prevent and mitigate
disasters. It monitors and forecast the transport of chemical and oil spills, forest fires,
volcanic ash, haze and nuclear isotopes. It also draws world attention to the depletion of the
ozone layer.

14. World Tourism Organization (UNWTO)

(Founded in 1975, HQ – Madrid, Spain)
For the promotion of responsible, sustainable and universally accessible tourism.

Funds and Programmes

UN Women
(Founded in 2010, HQ – New York, US)
It is to improve the coordination and coherence of gender equality and empowerment of
women, and promote more effective gender mainstreaming.

United Nations Conference on Trade and Development (UNCTAD)

(Founded in 1964, HQ – Geneva, Switzerland)
It was formed specifically to handle the problems of developing countries dealing with trade,
investment and development issues.

United Nations Human Settlements Programme (UN Habitat)

(Founded in 1978, HQ – HQ - Nairobi, Kenya)
Its mission is to promote socially and environmentally sustainable human settlements
development and the achievement of adequate shelter for all.

World Food Program (WFP)

(Founded in 1961, HQ – Rome, Italy)
It is the food-assistance branch of the United Nations and the world's largest humanitarian
organization addressing hunger and promoting food security.

United Nations Development Program (UNDP)

(Founded in 1965, HQ – New York, US)

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It is to help countries eliminate poverty and achieve sustainable human development. UNDP
is working to strengthen new frameworks for development, disaster risk reduction and
climate change. It also encourages the protection of human rights and the empowerment of
women in all of its programmes. It publishes an annual Human Development Report
(HDR)(since 1990) to measure and analyse developmental progress.

United Nations Environment Program (UNEP)

(Founded in 1972, HQ – HQ - Nairobi, Kenya)
UNEP is the leading global environmental authority that sets the global environmental
agenda. It works on 7 broad thematic areas viz. Climate change, Disasters and conflicts,
Ecosystem management, Environmental governance, Chemicals and waste, Resource
efficiency, and Environment under review.

United Nations Peacekeeping

United Nations Peacekeeping was created in 1948.Its first mission involved the
establishment of the UN Truce Supervision Organization (UNTSO), which served to observe
and maintain ceasefire during the 1948 Arab-Israeli War. UN Peacekeeping maintains three
basic principles:

 Consent of the parties,

 Impartiality and
 Non-use of Force except in self-defence and defence of the mandate.

The UN Peacekeepers are led by the Department of Peacekeeping Operations (DKPO).UN

Peacekeepers are from diverse backgrounds, from areas all around the world. They include
police, military and civilian personnel. They are often referred to as Blue Berets or Blue
Helmets because of their light blue berets or helmets.The UN Peacekeeping Force won the
Nobel Peace Prize in 1988.

The United Nations Charter gives the United Nations Security Council the power and
responsibility to take collective action to maintain international peace and security. For this
reason, the international community usually looks to the Security Council to authorize
peacekeeping operations.

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India and UN Peacekeeping
The Indian Army is the largest cumulative troop contributor to United Nations Peacekeeping
Missions mandated to maintain stability and negotiate a peace settlement in turbulent
regions of the world.So far India has provided almost 200,000 troops in nearly 50 of the 71
UN peacekeeping missions over the past six decades, including 13 of the current 16
missions. Moreover, India has suffered 163 fatalities since the peacekeeping operations
began in 1948, the most by any country.

United Nations Human Rights Council (UNHRC)

UNHRC is an inter-governmental body within the UN system (established in 2006). It is

responsible for promoting and protecting human rights around the world. UNHRC has 47
members with a term of 3 years. No member may occupy a seat for more than 2 consecutive
terms.

Office of the High Commissioner for Human Rights (OHCHR)/UN Human Rights is the
leading UN entity on human rights. The Universal Periodic Review of the UNHRC assesses
the human rights situations in all UN Member States by taking into account information from
different sources including the NGOs.

India has been re-elected to UNHRC for a period of three years beginning January 1, 2019,
getting 188 votes in the Asia-Pacific category, the highest number of votes among all
candidates. The United States withdrew from the United Nations Human Rights Council
accusing it of a “chronic bias against Israel”.

UN Disarmament Commission

It is a subsidiary organ of UN General Assembly, created in 1978. It is composed of all UN

member states. It was created as a deliberative body, with the function of considering and
making recommendations on various issues in the field of disarmament. Its mandate is to
prepare proposals for a treaty for the regulation, limitation and balanced reduction of all
armed forces and all armaments, including the elimination of all weapons of mass
destruction. The UNDC is serviced substantively by the Office for Disarmament Affairs and
technically by the Department of General Assembly Affairs and Conference Services.

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United Nations (UN) Contribution

Maintaining Peace and Security: By sending peacekeeping and observer missions to the
world’s trouble spots over the past six decades, the United Nations has been able to restore
calm, allowing many countries to recover from conflict.

Preventing Nuclear Proliferation: For over the five decades, the International Atomic
Energy Agency (IAEA) has served as the world’s nuclear inspector. IAEA experts work to
verify that safeguarded nuclear material is used only for peaceful purposes. To date, the
Agency has safeguards agreements with more than 180 States.

Supporting Disarmament: UN treaties are the legal backbone of disarmament efforts:

o Chemical Weapons Convention-1997
o Mine-Ban Convention-1997
o Arms Trade Treaty-2014
o At the local level, UN peacekeepers often work to implement disarmament agreements
between warring parties.

Preventing genocide: The United Nations brought about the first-ever treaty to combat
genocide—acts committed with the intent to destroy a national, ethnical, racial or religious
group.
o The 1948 Genocide Convention has been ratified by 146 States, which commits to
prevent and punish actions of genocide in war and in peacetime. The UN tribunals for
Yugoslavia and Rwanda, as well as UN-supported courts in Cambodia, have put would-
be genocide perpetrators on notice that such crimes would no longer be tolerated.

Promoting Development: Since 2000, promoting living standards and human skills and
potential throughout the world have been guided by the Millennium Development Goals.
o The UN Development Programme (UNDP) supports more than 4,800 projects to reduce
poverty, promote good governance, address crises and preserve the environment.
o The UN Children's Fund (UNICEF) works in more than 150 countries, primarily on child
protection, immunization, girls' education and emergency aid.
o The UN Conference on Trade and Development (UNCTAD) helps developing countries
make the most of their trade opportunities.

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Alleviating Rural Poverty: The International Fund for Agricultural
Development (IFAD) provides low-interest loans and grants to very poor rural people.

Promoting Women's Well-being: UN Women is the UN organization dedicated to gender

equality and the empowerment of women.

Fighting Hunger: The Food and Agriculture Organization of the UN (FAO) leads global
efforts to defeat hunger. FAO also helps developing countries to modernize and improve
agriculture, forestry and fisheries practices in ways that conserve natural resources and
improve nutrition.
Commitment in Support of Children: UNICEF has pioneered to provide vaccines and
other aid desperately needed by children caught in armed conflict. The Convention on the
Rights of the Child-1989 has become law in nearly all countries.

Tourism: The World Tourism Organization is the UN agency responsible for the promotion
of responsible, sustainable and universally accessible tourism.
o Its Global Code of Ethics for Tourism seeks to maximize the benefits of tourism while
minimizing its negative impact.

Global Think Tank: The United Nations is at the forefront of research that seeks solutions
to global problems.

The United Nations Development Programme’s annual Human Development

Report provides independent, empirically grounded analyses of major development issues,
trends and policies, including the groundbreaking Human Development Index.

Preserving Historic, Cultural, Architectural and Natural Sites: The UNESCO has helped
137 countries to protect ancient monuments and historic, cultural and natural sites.
o It has negotiated international conventions to preserve cultural property, cultural
diversity and outstanding cultural and natural sites. More than 1,000 such sites have
been designated as having exceptional universal value - as World Heritage Sites.

Taking the lead on global issues:

o The first United Nations conference on the environment (Stockholm, 1972) helped to
alert world public opinion on the dangers faced by our planet, triggering action by
governments.

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 o The first world conference on women (Mexico City, 1985) put women's right, equality
and progress on the global agenda.
o Other landmark events include the first international conference on human rights
(Teheran, 1968), the first world population conference (Bucharest, 1974) and the
first world climate conference (Geneva, 1979).
o Those events brought together experts and policymakers, as well as activists, from
around the world, prompting sustained global action.
o Regular follow-up conferences have helped to sustain the momentum.

UN General Assembly adopted the Universal Declaration of Human Rights in 1948.

o It has helped to enact dozens of legally binding agreements on political, civil, economic,
social and cultural rights.
o UN human rights bodies have focused world attention on cases of torture,
disappearance, arbitrary detention and other violations.

Fostering Democracy: The UN promotes and strengthens democratic institutions and

practices around the world, including by helping people in many countries to participate in
free and fair elections.
o In the 1990s, the UN organized or observed landmark elections in Cambodia, El
Salvador, South Africa, Mozambique and Timor-Leste.
o More recently, the UN has provided crucial assistance in elections in Afghanistan,
Burundi, the Democratic Republic of the Congo, Iraq, Nepal, Sierra Leone and Sudan.

Promoting Women's Rights: The 1979 UN Convention on the Elimination of All Forms of
Discrimination against Women, ratified by 189 countries, has helped to promote the rights of
women worldwide.

Climate change is a global problem that demands a global solution. The Intergovernmental
Panel on Climate Change (IPCC), which brings together 2,000 leading climate change
scientists, issues comprehensive scientific assessments every five or six years.
o IPCC was established in 1988 under the auspices of the United Nations Environment
Programme (UNEP) and the World Meteorological Organization for the purpose of
assessing “the scientific, technical and socioeconomic information relevant for the
understanding of the risk of human-induced climate change.
o UN Framework Convention on Climate Change (UNFCCC) provides foundation for UN
members to negotiate agreements to reduce emissions that contribute to climate
change and help countries adapt to its effects. (UNFCCC-1992 is an international

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 environmental treaty adopted and opened for signature at the Earth Summit in Rio de
Janeiro (Brazil) in 1992.)
o Global Environment Facility, which brings together 10 UN agencies, funds projects in
developing countries.

Protecting the Ozone Layer: The UNEP and the World Meteorological Organization
(WMO) have been instrumental in highlighting the damage caused to Earth's ozone layer
o Vienna Convention for the Protection of the Ozone Layer-1985 provided the
framework necessary to create regulatory measures for international reductions in the
production of chlorofluorocarbons. Convention provided foundation for Montreal
protocol.
o The Montreal Protocol-1987 is an international environmental agreement with
universal ratification to protect the earth’s ozone layer by eliminating use of ozone
depleting substances (ODS) such as chlorofluorocarbons (CFCs) and halons.

Kigali Amendment (to the Montreal Protocol)-2016: was adopted to phase down
production and consumption of hydrofluorocarbons (HFCs) worldwide.

Banning Toxic Chemicals: The Stockholm Convention on Persistent Organic

Pollutants-2001 seeks to rid the world of some of the most dangerous chemicals ever
created.

Promoting Reproductive and Maternal Health: United Nations Population

Fund (UNFPA) is promoting the right of individuals to make their own decisions on the
number and spacing of their children through voluntary family planning programmes.

Responding to HIV/AIDS: United Nations Programme on HIV/AIDS (UNAIDS) coordinates

global action against an epidemic that affects some 35 million people.
Wiping Out Polio: Poliomyelitis has been eliminated from all but three countries—
Afghanistan, Nigeria and Pakistan—as a result of the Global Polio Eradication Initiative.

Eradicating Smallpox: A 13-year effort by the World Health Organization (WHO) resulted in
smallpox being declared officially eradicated from the planet in 1980.

Fighting Tropical Diseases:

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o WHO programme - African Programme for Onchocerciasis Control reduced levels
of river blindness (onchocerciasis) in 10 West African countries while opening up 25
million hectares of fertile land to farming.
 Guinea-worm disease is on the verge of being eradicated.
 Schistosomiasis and sleeping sickness are now under control.
 Halting the Spread of Epidemics
o Some of the more prominent diseases for which WHO is leading the global response for
some of the more prominent diseases including Ebola, meningitis, yellow
fever, cholera and influenza, including avian influenza.

Assisting refugees: Refugees fleeing persecution, violence and war have received aid
from the Office of the UN High Commissioner for Refugees (UNHCR).
o UNHCR seeks long-term or "durable" solutions by helping refugees repatriate to their
homelands, if conditions warrant, or by helping them to integrate in their countries
of asylum or to resettle in third countries.
o Refugees, asylum-seekers and internally displaced persons, mostly women and
children, are receiving food, shelter, medical aid, education, and repatriation assistance
from the UN.

Aiding Palestinian Refugees: UN Relief and Works Agency for Palestine Refugees in the
Near East (UNRWA), a relief and human development agency, has assisted four
generations of Palestinian refugees with education, health care, social services,
microfinance and emergency aid.

Reducing the Effects of Natural Disasters: The World Meteorological

Organization (WMO) has helped to spare millions of people from the calamitous effects of
natural and man-made disasters.
o Its early warning system, which includes thousands of surface monitors, as well as
satellites,
 has made it possible to predict with greater accuracy weather-related disasters,
 has provided information on the dispersal of oil spills and chemical and nuclear
leaks and has predicted long-term droughts.

Providing Food to the Neediest: The World Food Programme (WFP) is fighting hunger
worldwide, delivering food assistance in emergencies and working with communities to
improve nutrition and build resilience.

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Prosecuting War Criminals: By prosecuting and convicting war criminals, the UN tribunals
established for the former Yugoslavia and for Rwanda have helped to expand
international humanitarian and international criminal law dealing with genocide and other
violations of international law.
o The International Criminal Court is an independent permanent court that investigates
and prosecutes persons accused of the most serious international crimes—genocide,
crimes against humanity and war crimes—if national authorities are unwilling or
unable to do so.

Helping to Resolve Major International Disputes: By delivering judgments and advisory

opinions, the International Court of Justice (ICJ) has helped to settle international disputes
involving territorial questions, maritime boundaries, diplomatic relations, State responsibility,
the treatment of aliens and the use of force, among others.

Stability and Order in the World's Oceans:

o The 1982 UN Convention on the Law of the Sea, which has gained nearly universal
acceptance, provides the legal framework for all activities in the oceans and seas.
o It also includes mechanisms for settling disputes.

Combating International Crime: The UN Office on Drugs and Crime (UNODC) works
with countries and organizations to counter transnational organized crime by providing legal
and technical assistance to fight corruption, money-laundering, drug trafficking and
smuggling of migrants, as well as by strengthening criminal justice systems.
o It has played a key role in brokering and implementing relevant international Treaties,
such as the UN Convention against Corruption-2005 and the UN Convention
against Transnational Organized Crime-2003.
o It works to reduce the supply of and demand for illicit drugs under the three main UN
conventions on drug control:
 the Single Convention on Narcotic Drugs of 1961 (amended 1972),
 the Convention on Psychotropic Substances-1971,
 and the United Nations Convention against Illicit Traffic in Narcotic Drugs and
Psychotropic Substances-1988

Encouraging Creativity and Innovation: The World Intellectual Property

Organization (WIPO) promotes the protection of intellectual property rights and ensures that
all countries are in a position to harness the benefits of an effective intellectual property
system.

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Universal Declaration of Human Rights (UDHR)

The Universal Declaration of Human Rights (UDHR) is a historic document that was adopted
by the United Nations General Assembly at its 183rd session on 10 December 1948. The
Declaration consists of 30 articles affirming an individual's rights which, although not legally
binding in themselves, have been elaborated in subsequent international treaties, economic
transfers, regional human rights instruments, national constitutions, and other laws.

The Declaration consists of a preamble and thirty articles. The preamble sets out the
historical and social causes that led to the necessity of drafting the Declaration.

Article 1 - All human beings are born free and equal in dignity and rights. They are endowed
with reason and conscience and should act towards one another in a spirit of brotherhood.

Article 2 - Everyone is entitled to all the rights and freedoms set forth in this Declaration,
without distinction of any kind, such as race, colour, sex, language, religion, political or other
opinion, national or social origin, property, birth or other status. Furthermore, no distinction
shall be made on the basis of the political, jurisdictional or international status of the country
or territory to which a person belongs, whether it be independent, trust, non-self-governing or
under any other limitation of sovereignty.

Article 3 - Everyone has the right to life, liberty and security of person.

Article 4 - No one shall be held in slavery or servitude; slavery and the slave trade shall be
prohibited in all their forms.

Article 5 - No one shall be subjected to torture or to cruel, inhuman or degrading treatment

or punishment.

Article 6 - Everyone has the right to recognition everywhere as a person before the law.

Article 7 - All are equal before the law and are entitled without any discrimination to equal
protection of the law. All are entitled to equal protection against any discrimination in
violation of this Declaration and against any incitement to such discrimination.

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Article 8 - Everyone has the right to an effective remedy by the competent national tribunals
for acts violating the fundamental rights granted him by the constitution or by law.

Article 9 - No one shall be subjected to arbitrary arrest, detention or exile.

Article 10 - Everyone is entitled in full equality to a fair and public hearing by an independent
and impartial tribunal, in the determination of his rights and obligations and of any criminal
charge against him.

Article 11 - (1) Everyone charged with a penal offence has the right to be presumed
innocent until proved guilty according to law in a public trial at which he has had all the
guarantees necessary for his defence. (2) No one shall be held guilty of any penal offence
on account of any act or omission which did not constitute a penal offence, under national or
international law, at the time when it was committed. Nor shall a heavier penalty be imposed
than the one that was applicable at the time the penal offence was committed.

Article 12 - no one shall be subjected to arbitrary interference with his privacy, family, home
or correspondence, or to attacks upon his honour and reputation. Everyone has the right to
the protection of the law against such interference or attacks.

Article 13 - (1) Everyone has the right to freedom of movement and residence within the
borders of each state. (2) Everyone has the right to leave any country, including his own,
and to return to his country.

Article 14 - (1) Everyone has the right to seek and to enjoy in other countries asylum from
persecution. (2) This right may not be invoked in the case of prosecutions genuinely arising
from non-political crimes or from acts contrary to the purposes and principles of the United
Nations.

Article 15 - (1) Everyone has the right to a nationality. (2) No one shall be arbitrarily
deprived of his nationality nor denied the right to change his nationality.

Article 16 - (1) Men and women of full age, without any limitation due to race, nationality or
religion, have the right to marry and to found a family. They are entitled to equal rights as to
marriage, during marriage and at its dissolution. (2) Marriage shall be entered into only with
the free and full consent of the intending spouses. (3) The family is the natural and
fundamental group unit of society and is entitled to protection by society and the State.

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Article 17 - (1) Everyone has the right to own property alone as well as in association with
others. (2) No one shall be arbitrarily deprived of his property.

Article 18 - Everyone has the right to freedom of thought, conscience and religion; this right
includes freedom to change his religion or belief, and freedom, either alone or in community
with others and in public or private, to manifest his religion or belief in teaching, practice,
worship and observance.

Article 19 - Everyone has the right to freedom of opinion and expression; this right includes
freedom to hold opinions without interference and to seek, receive and impart information
and ideas through any media and regardless of frontiers.

Article 20 - (1) Everyone has the right to freedom of peaceful assembly and association. (2)
No one may be compelled to belong to an association.

Article 21 - (1) Everyone has the right to take part in the government of his country, directly
or through freely chosen representatives. (2) Everyone has the right of equal access to
public service in his country. (3) The will of the people shall be the basis of the authority of
government; this shall be expressed in periodic and genuine elections which shall be by
universal and equal suffrage and shall be held by secret vote or by equivalent free voting
procedures.

Article 22 - Everyone, as a member of society, has the right to social security and is entitled
to realization, through national effort and international co-operation and in accordance with
the organization and resources of each State, of the economic, social and cultural rights
indispensable for his dignity and the free development of his personality.

Article 23 - (1) Everyone has the right to work, to free choice of employment, to just and
favourable conditions of work and to protection against unemployment. (2) Everyone, without
any discrimination, has the right to equal pay for equal work. (3) Everyone who works has
the right to just and favourable remuneration ensuring for himself and his family an existence
worthy of human dignity, and supplemented, if necessary, by other means of social
protection. (4) Everyone has the right to form and to join trade unions for the protection of his
interests.

Article 24 - Everyone has the right to rest and leisure, including reasonable limitation of
working hours and periodic holidays with pay.

18
Article 25 - (1) Everyone has the right to a standard of living adequate for the health and
well-being of himself and of his family, including food, clothing, housing and medical care
and necessary social services, and the right to security in the event of unemployment,
sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond
his control. (2) Motherhood and childhood are entitled to special care and assistance. All
children, whether born in or out of wedlock, shall enjoy the same social protection.

Article 26 - (1) Everyone has the right to education. Education shall be free, at least in the
elementary and fundamental stages. Elementary education shall be compulsory. Technical
and professional education shall be made generally available and higher education shall be
equally accessible to all on the basis of merit. (2) Education shall be directed to the full
development of the human personality and to the strengthening of respect for human rights
and fundamental freedoms. It shall promote understanding, tolerance and friendship among
all nations, racial or religious groups, and shall further the activities of the United Nations for
the maintenance of peace. (3) Parents have a prior right to choose the kind of education that
shall be given to their children.

Article 27 - (1) Everyone has the right freely to participate in the cultural life of the
community, to enjoy the arts and to share in scientific advancement and its benefits. (2)
Everyone has the right to the protection of the moral and material interests resulting from
any scientific, literary or artistic production of which he is the author.

Article 28 - Everyone is entitled to a social and international order in which the rights and
freedoms set forth in this Declaration can be fully realized.

Article 29 - (1) Everyone has duties to the community in which alone the free and full
development of his personality is possible. (2) In the exercise of his rights and freedoms,
everyone shall be subject only to such limitations as are determined by law solely for the
purpose of securing due recognition and respect for the rights and freedoms of others and of
meeting the just requirements of morality, public order and the general welfare in a
democratic society. (3) These rights and freedoms may in no case be exercised contrary to
the purposes and principles of the United Nations.

Article 30 - Nothing in this Declaration may be interpreted as implying for any State, group
or person any right to engage in any activity or to perform any act aimed at the destruction of
any of the rights and freedoms set forth herein.

19
International Covenant on Civil and Political Rights (ICCPR)

The International Covenant on Civil and Political Rights (ICCPR) is a

multilateral treaty adopted by the United Nations General Assembly on 16 December 1966,
and in force from 23 March 1976. The covenant commits its parties to respect the civil and
political rights of individuals, including the right to life, freedom of religion, freedom of
speech, freedom of assembly, electoral rights and rights to due process and a fair trial.

The various rights protected under the covenant are:-

Article 1 recognizes the right of all peoples to ‘self-determination’, including the right to
"freely determine their political status", pursue their economic, social and cultural goals, and
manage and dispose of their own resources

Article 2 requires the state to follow ‘no discrimination’ policy on the basis of race, colour,
sex, origin of birth etc.

Article 3 fosters equality between man and woman by obligating the State party to ensure
equal enjoyment of civil and political rights by them.

Article 6 of the Covenant recognises the individual's inherent right to life and requires it to
be protected by law. No one shall be arbitrarily deprived of his life. It does not prohibit the
death penalty; it restricts its application to the "most serious crimes.

Article 7 prohibits torture and cruel, inhuman or degrading punishment. In particular,

no one shall be subjected without his free consent to medical or scientific experimentation.

Article 8 prohibits slavery and enforced servitude in all situations. The article also
prohibits forced labour.

Article 9 recognises the rights to “liberty and security” of the person. It prohibits arbitrary
arrest and detention, requires any deprivation of liberty to be according to law.

Article 12 guarantees freedom of movement, including the right of persons to choose their
residence, to leave and return to a country. These rights apply to legal aliens as well as
citizens of a state, and can be restricted only where necessary to protect national security,
public order or health, and the rights and freedoms of others.

20
Article 13 forbids the arbitrary expulsion of resident aliens and requires such decisions to
be able to be appealed and reviewed.

Article 14 recognizes and protects a right to justice and a fair trial.

Article 15 prohibits prosecutions under Ex post facto law and the imposition
of retrospective criminal penalties.

Article 17provides thatno one shall be subjected to arbitrary or unlawful interference with his
privacy, family, home or correspondence, nor to unlawful attacks on his honour and
reputation.

Article 18 provides that everyone shall have the right to freedom of thought, conscience
and religion. This right shall include freedom to have or to adopt a religion or belief of his
choice, and freedom, either individually or in community with others and in public or private,
to manifest his religion or belief in worship, observance, practice and teaching.

Article 19of the ICCPR stipulates that everyone shall have the right to freedom of
expression; this right shall include freedom to seek, receive and impart information and
ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art,
or through any other media of his choice.

Article 21 of the ICCPR stipulates that the state shall recognize right of peaceful
assembly. No restrictions may be placed on the exercise of this right other than those
imposed in conformity with the law and which are necessary in a democratic society in the
interests of national security or public safety, public order, the protection of public health or
morals or the protection of the rights and freedoms of others.

Article 26 All persons are equal before the law and are entitled without any discrimination
to the equal protection of the law. In this respect, the law shall prohibit any discrimination
and guarantee to all persons equal and effective protection against discrimination on any
ground such as race, colour, sex, language, religion, political or other opinion, national or
social origin, property, birth or other status.

Article 27 In those States in which ethnic, religious or linguistic minorities exist, persons
belonging to such minorities shall not be denied the right, in community with the other
members of their group, to enjoy their own culture, to profess and practise their own religion,
or to use their own language.

21
UNGA Draft Resolution on Death Penalty

UN Against Death Penalty: The draft resolution, taken up in the Third Committee (Social,
Humanitarian, Cultural) of the General Assembly was approved with a recorded vote of
123in favour, 36 against and 30 abstentions. The draft aimed to ensure that it is not applied
on the basis of discriminatory laws or as a result of discriminatory or arbitrary application of
the law. The resolution sought to promote a moratorium on executions with the aim of
abolishing death penalty.

India has voted against a United Nations General Assembly draft resolution on the
use of death penalty, saying it goes against the statutory law of the country. The death
penalty is exercised in ‘rarest of rare’ cases, where the crime committed is so heinous that it
shocks the conscience of the society. Indian law provides for all requisite procedural
safeguards, including the right to a fair trial by an independent Court, presumption of
innocence, the minimum guarantees for defence, and the right to review by a higher court.

UNSC Resolution 2427 - Protection of Children in Armed Conflicts

The resolution is aimed at further crystalizing the protection of children in armed conflicts,
including by combating their recruitment by non-State armed groups and treating formerly
recruited children primarily as victims.

Over 21,000 cases of grave violations of children’s rights in armed conflict have been
verified by the United Nations for 2017, a drastic increase from the previous year with 15,500
violations, according to an annual report of the UN secretary-general on children and armed
conflict that was released last week. Among the violations in 2017, some 15,000 were
perpetrated by non-state armed groups and about 6,000 were committed by government
forces, according to the report.

It strongly condemns the recruitment and use of children by parties to armed conflict as well
as their re-recruitment, killing and maiming, rape and other forms of sexual violence, and
abductions. It also condemns attacks against schools and hospitals and the denial of
humanitarian access by parties to armed conflict and all other violations of international law
committed against children in situations of armed conflict. It demands that all relevant parties
immediately put an end to such practices and take special measures to protect children. It
also emphasizes the responsibility of all states to put an end to impunity and to investigate

22
and prosecute those responsible for genocide, crimes against humanity, war crimes and
other egregious crimes perpetrated against children. The resolution reiterates the Security
Council’s readiness to adopt targeted and graduated measures against persistent
perpetrators of violations and abuses committed against children. It calls on member states
and the United Nations to mainstream child protection into all relevant activities in conflict
prevention, conflict and post-conflict situations with the aim of sustaining peace and
preventing conflict.

There is a need to ensure that children continue to have access to basic services during the
conflict and post-conflict periods, including education and health care. In this regard,
countries across the world, UN bodies and civil society need to take specifically into account
girls’ equal access to education. There is need for long-term and sustainable funding for
mental health and psychosocial programming in humanitarian contexts. There is also need
to ensure that all affected children receive timely and sufficient support.

UN Agrees First-ever Global Compact for Migration

United Nations for first time has finalized Global Compact for Safe, Orderly and Regular
Migration to better manage international migration, address its challenges, strengthen
migrant rights and contribute to sustainable development.

The compact is the first intergovernmental agreement to cover wide-ranging dimensions of

international migration in holistic and comprehensive manner, agreed upon by all the UN
member states minus the United States It sets out 23 objectives to deal issues ranging from
factors that compel people to move, legal channels for migration, combating trafficking and
smuggling, harnessing the economic benefits of migration and return of the migrants. It is not
legally binding.

The Global Compact for Migration (GCM) offers the international community the opportunity
to improve workplace productivity and deliver decent work outcomes for migrant and national
workers, as well as to shift current misperceptions of migration, by readjusting migration
policies to effectively include all labour market aspects.

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Comprehensive Convention on International Terrorism (CCIT)
The Comprehensive Convention on International Terrorism is a proposed treaty which
intends to criminalize all forms of international terrorism and deny terrorists, their financiers
and supporters access to funds, arms, and safe havens. It is a draft proposed by India in
1996 that is yet to be adopted by the UNGA. What does it call for?

• Universal definition of terrorism: no good terrorist or bad terrorist.

• Ban on all groups regardless of country of operation, cut off access to funds and safe
havens.
• Prosecution of all groups including cross border groups.
• Amending domestic laws to make cross-border terror an extraditable offence.
• It also addresses, among other things, the issue of Pakistan’s alleged support for cross-
border terrorism in south Asia.

In the wake of growing threats and acts of terrorism across the world, India and Bolivia have
called for an early finalisation of Comprehensive Convention on International Terrorism
(CCIT).

Geneva Convention
An Indian pilot was captured by Pakistan after a major aerial confrontation and chase
between Pakistan Air Force planes, which dropped bombs in four locations of Jammu and
Kashmir, and Indian Air Force jets that countered them over the Line of Control (LoC).

New Delhi has conveyed to Islamabad that “no harm” should come to the pilot. India has
also cited the Geneva Conventions while demanding the release of Wing Commander in Pak
custody.

The provisions of the conventions apply in peacetime situations, in declared wars, and in
conflicts that are not recognised as war by one or more of the parties. India has said its
airstrikes were a “non-military” intelligence-led operation and therefore both sides are bound
by the Geneva Conventions. This means the IAF officer is a prisoner of war, and his
treatment has to be in accordance with the provisions for PoWs under the Geneva
Conventions.

The Geneva Conventions (1949) are a set of international treaties that ensure that warring
parties conduct themselves in a humane way with non-combatants such as civilians and

24
medical personnel, as well as with combatants no longer actively engaged in fighting, such
as prisoners of war, and wounded or sick soldiers. All countries are signatories to the
Geneva Conventions. There are four conventions, with three protocols added on since 1949.

Provisions for PoWs - The treatment of prisoners of war is dealt with by the Third Convention
or treaty. The Third Convention is unambiguous about how prisoners must be treated:
“humanely”. And the responsibility for this lies with the detaining power, not just the
individuals who captured the PoW.

1. Any unlawful act or omission by the Detaining Power causing death or seriously
endangering the health of a prisoner of war in its custody is prohibited, and will be regarded
as a serious breach of the present Convention.
2. In particular, no prisoner of war may be subjected to physical mutilation or to medical or
scientific experiments of any kind which are not justified by the medical, dental or hospital
treatment of the prisoner concerned and carried out in his interest.
3. Likewise, prisoners of war must at all times be protected, particularly against acts of
violence or intimidation and against insults and public curiosity. Measures of reprisal against
prisoners of war are prohibited,” says Article 13 of the Convention.

Article 14 of the Convention lays down that PoWs are “entitled to in all circumstances to
respect for their persons and their honour”.
1. In captivity, a PoW must not be forced to provide information of any kind under “physical
or mental torture, nor any other form of coercion”.
2. Refusal to answer questions should not invite punishment.
3. A PoW must be protected from exposure to fighting.
4. Use of PoWs as hostages or human shields is prohibited, and a PoW has to be given the
same access to safety and evacuation facilities as those affiliated to the detaining power.
5. Access to health facilities, prayer, recreation and exercise are also written into the
Convention.
6. The detaining power has to facilitate correspondence between the PoW and his family,
and must ensure that this is done without delays.
7. A PoW is also entitled to receive books or care packages from the outside world.

Parties to the conflict “are bound to send back” or repatriate PoWs, regardless of rank, who
are seriously wounded or sick, after having cared for them until they are fit to travel”. • The
conflicting parties are expected to write into any agreement they may reach to end hostilities
the expeditious return of PoWs.

25
International Court of Justice (ICJ) Verdict on KulbhushanJadhav

International Court of Justice (ICJ) has directed Pakistan to review and reconsider conviction
order of KulbhushanJadhav and, until then, put his death sentence on hold. ICJ has also
asked Pakistan to allow India consular access at earliest. Pakistan has violated Article 36 of
Vienna Convention of Consular Relations, 1963, by not informing India about Jadhav’s arrest
immediately after Pakistan Army had taken him into custody.India had been deprived of
‘right to communicate with and have access to Jadhav, to visit him in detention and to
arrange for his legal representation’.

KulbhushanJadhav, a former Indian Navy officer, was arrested by Pakistani officials in March
2016, on suspicion of espionage and sabotage activities against the country. Claiming that
Jadhav was an Indian spy, the Pakistani military court sentenced him to death. India has
maintained that Mr Jadhav, a former naval officer-turned-businessman, was innocent and he
had been kidnapped by Pakistani intelligence agencies from Iran.

India took Pakistan to the ICJ on the grounds that Islamabad violated the Vienna
Convention by denying consular access to KulbhushanJadhav. Pakistan countered it with
another argument questioning the jurisdiction of the ICJ in a case that involves, according to
Pakistan, a spy. Pakistan has invoked the reservation under the UN charter (including India's
reservation as part of the Commonwealth) and the bilateral agreement between India and
Pakistan whereby consular access can be denied to those caught in acts of espionage.

The Vienna Convention on Consular Relations of 1963 is an international treaty that

defines a framework for consular relations between independent states. A consul normally
operates out of an embassy in another country, and performs two functions: (1) protecting in
the host country the interests of their countrymen, and (2) furthering the commercial and
economic relations between the two states. The treaty provides for consular immunity. The
treaty has been ratified by 179 states. Advisory opinions are not binding and are only
consultative, though they are considered important.

Article 36 addresses communications between consular officers and nationals of the

sending state. The Convention provides that "consular officers shall be free to communicate
with nationals of the sending State and to have access to them." Foreign nationals who are
arrested or detained be given notice "without delay" of their right to have their embassy or
consulate notified of that arrest, and "consular officers shall have the right to visit a national
of the sending State who is in prison, custody or detention, to converse and correspond with
him and to arrange for his legal representation.

26
Diplomatic Immunity

The term "diplomatic immunity" refers to a principle of international law that limits the degree
to which foreign government and international organization officials and employees are
subject to the authority of police officers and judges in their country of assignment. Its
objective is to allow foreign diplomats the freedom to carry out their legitimate official duties
without interference, and does not amount to an open invitation to do whatever they please
without fear of punishment.

The basis of diplomatic immunity is expediency and reciprocity, not absolute license. A
foreign diplomat (like a local citizen) can be charged for all offenses committed, whether big
or small. The only difference is that he or she (upon verification of diplomatic identity) may
not be arrested, held in legal custody, or made a defendant in a court case. Instead, he or
she is deported through due process to his or her home country to face prosecution under its
laws. Diplomats who are serious offenders or indulge in activities contrary to their official
status may be declared “persona non grata” and be forced to go back within a few days or
even hours.

The concept of diplomatic immunity goes back to the ancient Indian practice of diplomacy
and to Greek republics and Roman empires that enacted specific laws to protect diplomats.
Modern international practice is rooted in the 1708 UK law that prohibited the arrest of
foreign diplomats. Its provisions were expanded and formally guaranteed by the 1815
congress of Vienna, and were further amplified by the 1961 Vienna Convention on
Diplomatic Relations. Similarly, the Vienna Convention on Consular Relations of 1963 was
codified.

Vienna Convention on Diplomatic Relations

The Vienna Convention on Diplomatic Relations (1961) is a treaty that defines the
framework for the conduct of diplomatic relations between countries. There is also a
separate convention on Consular Relations signed in 1963. These treaties were developed
under the auspices of the United Nations. They apply not only to diplomats but to personnel
from the military departments, both military and civilian, who are in the country under the
authority of the Chief of Mission.

27
Vienna Convention 1961 is an international treaty that defines a framework for diplomatic
relations between independent countries. It specifies the privileges of a diplomatic mission
that enable diplomats to perform their function without fear of coercion or harassment by the
host country. The convention forms the legal basis for diplomatic immunity. Vienna
Convention on diplomatic relations contains plethora of articles and provisions, most
prominent among them have been summarised below:

Article 9: The host nation at any time and for any reason can declare a particular member of
the diplomatic staff to be “persona non grata”. The sending state must recall this person
within a reasonable period of time, or otherwise this person may lose their diplomatic
immunity.

Article 22: The premises of a diplomatic mission, such as an embassy, are inviolate and
must not be entered by the host country except by permission of the head of the mission.
Furthermore, the host country must protect the mission from intrusion or damage. The host
country must never search the premises, nor seize its documents or property. Article 30
extends this provision to the private residence of the diplomats.

Article 27: The host country must permit and protect free communication between the
diplomats of the mission and their home country. A diplomatic bag must never be opened
even on suspicion of abuse. A diplomatic courier must never be arrested or detained.

Article 29: Diplomats must not be liable to any form of arrest or detention. They are immune
from civil or criminal prosecution, though the sending country may waive this right under
Article 32: Under Article 34, they are exempt from most taxes, and under Article 36 they are
exempt from most customs duties.

Article 31 1c: Actions not covered by diplomatic immunity: professional activity outside
diplomat's official functions.

Article 37: The family members of a diplomat that are living in the host country enjoy most
of the same protections as the diplomats themselves.

28
Vienna Convention on Consular Relations

The Vienna Convention on Consular Relations of 1963 is an international treaty that defines
a framework for consular relations between independent countries. The Vienna Convention
consists of 79 articles, most of which provide for the operation of consulates; outline the
functions of consular agents; and address the privileges and immunities granted to consular
officials when posted to a foreign country. A few other articles specify consular officials’
duties when citizens of their country face difficulties in a foreign nation.

Of particular interest for the right of individuals is article 36, providing for certain obligations
for competent authorities in the case of an arrest or detention of a foreign national, in order
to guarantee the inalienable right to counsel and due process through consular notification
and effective access to consular protection.

Vienna Convention on Consular relations contains plethora of articles and provisions, most
prominent among them have been summarised below:

Article 5: Thirteen functions of a consul are listed, including protecting in the receiving state
the interests of the sending state and its nationals, as well as developing the commercial,
economic, cultural, and scientific relations between the two countries.

Article 23: The host nation may at any time and for any reason declare a particular member
of the consular staff to be “persona non grata”. The sending state must recall this person
within a reasonable period of time, or otherwise this person may lose their consular
immunity.

Article 31: The host nation may not enter the consular premises, and must protect the
premises from intrusion or damage.

Article 35: Freedom of communication between the consul and their home country must be
preserved. A consular bag must never be opened. A consular courier must never be
detained.

Article 36: Foreign nationals who are arrested or detained be given notice "without delay" of
their right to have their embassy or consulate notified of that arrest. If the detained foreign
national so requests, the police must fax that notice to the embassy or consulate, which can
then check up on the person. The notice to the consulate can be as simple as a fax, giving
the person's name, the place of arrest, and, if possible, something about the reason for the
arrest or detention.

29
MFN (Most Favoured Nation) Status

India has revoked the Most Favoured Nation (MFN) status of Pakistan (bestowed in 1996)
and warned of more measures in response to its support for terrorist groups targeting India.
India had granted MFN status to Pakistan in 1996, a year after the formation of WTO. But
Pakistan hasn’t accorded MFN status to India till now.

Most Favoured Nation is a treatment accorded to a trade partner to ensure non-

discriminatory trade between two countries vis-a-vis other trade partners. The importance of
MFN is shown in the fact that it is the first clause in the General Agreement on Tariffs and
Trade (GATT). Under WTO rules, a member country cannot discriminate between its trade
partners. If a special status is granted to a trade partner, it must be extended to all members
of the WTO.

Advantages of MFN
• MFN status is extremely gainful to developing countries. The clear upsides are access to a
wider market for trade goods, reduced cost of export items owing to highly reduced tariffs
and trade barriers. These essentially lead to more competitive trade.
• MFN also cuts down bureaucratic hurdles and various kinds of tariffs are set at par for all
imports. It then increases demands for the goods and giving a boost to the economy and
export sector.
• It also heals the negative impact caused to the economy due to trade protectionism. This
irks the domestic industry.
• A country that grants MFN on imports will have its imports provided by the most efficient
supplier. This may not be the case if tariffs differ by country.
• Granting MFN has domestic benefits: having one set of tariffs for all countries simplifies the
rules and makes them more transparent. It also lessens the frustrating problem of having to
establish rules of origin to determine which country’s part of the product (that may contain
parts from all over the world) must be attributed to for customs purpose.
• As MFN clause promotes non-discrimination among countries, they also tend to promote
the objective of free trade in general.

Disadvantages of MFN
• The main disadvantage is that the country has to give the same treatment to all other trade
partners who are members of the WTO.
• This translates into a price war and vulnerability of the domestic industry as a result.
• The country is not able to protect domestic industry from the cheaper imports and in this
price war, some domestic players have to face heavy losses or growth restrictions.

30
Financial Action Task Force (FATF)

The Financial Action Task Force (FATF) has decided to keep Pakistan on its grey list at the
end of its weeklong plenary meeting in Paris. India had lobbied hard to get the global
financial body to blacklist Pakistan for noncompliance in curbing terror financing.

India wanted Pakistan to be put under “closer scrutiny immediately” and has demanded that
“stronger implementation” be sought from Islamabad in curbing terror financing. India had
even prepared a dossier for the watchdog nailing the culpability of Pakistan in the Pulwama
terror strike, the worst such attack in J&K in decades. Pakistan was placed on the grey list
by the FATF in June 2018 for failing to curb anti-terror financing.

Being placed on the FATF watch-list carries no direct legal implications but brings extra
scrutiny from regulators and financial institutions that can chill trade and investment and
increase transaction costs.

The grey list is a list of countries or territories with deficiencies in anti-money laundering
and/or countering the financing of terrorism, for which they have developed an action plan
with the FATF. FATF Grey Listing has limited impact & is mainly realised through ‘Name &
Shame’ campaign, however Black listing compels other countries & organisations to regulate
and tighten finances to a blacklisted country.

The Financial Action Task Force (FATF) is an inter-governmental body established in 1989
on the initiative of the G7. It is a “policymaking body” which works to generate the necessary
political will to bring about national legislative and regulatory reforms in various areas. The
FATF Secretariat is housed at the OECD headquarters in Paris.

The objectives of the FATF are to set standards and promote effective implementation of
legal, regulatory and operational measures for combating money laundering, terrorist
financing and other related threats to the integrity of the international financial system

The FATF monitors the progress of its members in implementing necessary measures,
reviews money laundering and terrorist financing techniques and countermeasures and
promotes the adoption and implementation of appropriate measures globally. In
collaboration with other international stakeholders, the FATF works to identify national-level
vulnerabilities with the aim of protecting the international financial system from misuse.

31
Organization for the Prohibition of Chemical Weapons

It is an independent, autonomous international organisation with a working relationship with

the UN. It is the implementing body of the Chemical Weapons Convention (CWC), which
entered into force in 1997. It has 193 Member States working together to achieve a world
free of chemical weapons. It was awarded Nobel Peace Prize in 2013.

Chemical Weapons Convention

It aims to eliminate an entire category of weapons of mass destruction by prohibiting the

development, production, acquisition, stockpiling, retention, transfer or use of chemical
weapons by States Parties. The convention has provisions for systematic evaluation of
chemical production facilities, as well as for investigations of allegations of use and
production of chemical weapons based on intelligence of other state parties. As a signatory,
India enacted Chemical Weapons Convention Act in 2000.

Nuclear Suppliers Group

It is a voluntary, non-legally binding export control regime. Originally called “London Club”, it
was founded in response to the Indian nuclear test in 1974. It is a group of nuclear supplier
countries that seeks to contribute to the non-proliferation of nuclear weapons through the
implementation of two sets of Guidelines for nuclear exports and nuclear-related exports.
According to this, a supplier authorizes a transfer only when satisfied that the transfer would
not contribute to the proliferation of nuclear weapons. It has 48 members with European
Commission and the Chair of Zangger Committee as observers. After India U.S Civil Nuclear
Agreement, India has been trying to become a member. But its membership has been
blocked by China.

Wassenaar Arrangement

It promotes transparency and greater responsibility in transfers of conventional arms and

dual-use goods and technologies. It came into being in 1996 to succeed the Cold War-era
Coordinating Committee for Multilateral Export Controls. It has 42 members and with the
exception of China, all the other permanent UNSC members are signatories. India has been
admitted as the 42nd member, which will strengthen India’s credentials as a responsible
nuclear power.

32
Australia Group

It seeks to ensure that exports do not contribute to the development of chemical or biological
weapons. It has 43 members including India. China is not a member of AG nor of MTCR nor
Wassenaar Arrangement.

Missile- Technology Control Regime

It was established in 1987 by Japan. It aims to limit the spread of ballistic missiles and other
unmanned delivery systems that could be used for chemical, biological, and nuclear attacks.
It has 35 members, which include most of the world's key missile manufacturers, including
India. It seeks to restrict the exports of missiles and related technologies of any type of
weapon of mass destruction.

Comprehensive Nuclear-Test-Ban Treaty

It is a multilateral treaty that bans all nuclear explosions, for both civilian and military
purposes, in all environments. It was adopted by the United Nations 1996 but has not
entered into force as eight specific states have not ratified the treaty. 166 states have ratified
the CTBT and another 17 states have signed but not ratified it. China, Egypt, Iran, Israel and
the United States have signed but not ratified the Treaty. India, North Korea & Pakistan have
not signed it. They have neither signed the Non-Proliferation Treaty 1968. According to
CTBT each State Party undertakes not to carry out any nuclear weapon test explosion or
any other nuclear explosion, and to prohibit and prevent any such nuclear explosion at any
place under its jurisdiction or control.

33
International Criminal Court (ICC)

The ICC is an intergovernmental organization and international tribunal that sits in The
Hague, Netherlands. The ICC has jurisdiction to prosecute individuals for the international
crimes of genocide, crimes against humanity, war crimes, and crimes of
aggression. Governed by an international treaty called 'The Rome Statute', the ICC is the
world’s first permanent international criminal court. It is intended to complement existing
national judicial systems and it may therefore only exercise its jurisdiction when certain
conditions are met.

State that is member to the Rome Statute is placed within the jurisdiction of the ICC. ICC
may exercise its jurisdiction in situations where the alleged perpetrator is a national of a
member State or when the crime was committed in the territory of a member State. A State
not party to the Statute may decide to accept the jurisdiction of the ICC. Moreover, the
United Nations Security Council (UNSC) can also refer a situation to the ICC. There is no
eligibility clause as to who can send a complaint to the ICC, and is therefore open to
individuals, groups, and States. But, referrals can be made either by a State Party to the
Rome Statute or by the UNSC. In recent context, Afghanistan is a State Party of the ICC
and therefore Court has jurisdiction over any War crimes committed on the territory of
Afghanistan by US after 1st May, 2003. However, Afghanistan has not asked for this
investigation and the ICC Prosecutor has decided to open the investigation on her own
authority. The Rome Statute requires the Prosecutor to seek authorization from the judges of
the Court, which is currently awaited.

The Rome Statute was negotiated within the UN, but it created an independent judicial body
distinct from the UN. The International Court of Justice is the principal judicial organ of the
United Nations, and is different from the International Criminal Court. ICC is not an office or
agency of the United Nations. However, the Rome Statute allows the United Nations
Security Council (UNSC) to refer specific situations to the Court that are outside the
jurisdiction of ICC.

India has neither signed and therefore nor ratified the Rome Statute on the International
Criminal Court (ICC). India considers the inherent jurisdiction of the ICC as a violation of a
nation’s sovereignty. Therefore, India has insisted for having an ‘opt-in’ provision whereby
a country could accept the jurisdiction of the ICC by declaration, specified to an issue and
time period. India is resistant to accepting the inherent jurisdiction of the ICC as it would be

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seen as being superior to Indian judicial system and also remains hesitant towards the ICC
as it can be used with political motives against India with regard to Kashmir and in other
matters of India’s internal affairs.

Permanent Court of Arbitration (PCA)

It is an intergovernmental organization located at The Hague in the Netherlands. It was the

first permanent intergovernmental organization to provide a forum for the resolution of
international disputes through arbitration and other peaceful means. It provides services of
arbitral tribunal to resolve disputes between member states, international organizations, or
private parties arising out of international agreements.

The cases span a range of legal issues involving territorial and maritime boundaries,
sovereignty, human rights, international investment, and international and regional trade.
PCA has no sitting judges; instead parties themselves select the arbitrators. The
organization is not a United Nations agency but has observer status in the UN General
Assembly. The rulings of PCA are binding but the tribunal has no powers for enforcement.

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