31 terms. Recommendations under this article may undeniably provide a legal basis for the peace-keeping operations.[46]. [14] Fisheries Jurisdiction (Spain v Canada) case, ICJ Reports 1999, pg 432.

1, available online www.westlaw.com, last visited on27the November 2008. More generally, the term implied powers can be used in all circumstances where an organization has a competence that is not based on the interpretation of its conferred powers but rather on a systematic and teleological interpretation of the laws that govern its actions in general.[8]. [3] The name "United Nations", coined by United States President Franklin D. Roosevelt, was first used in the "Declaration by United Nations" of 1 January 1942, during the Second World War, when representatives of 26 nations pledged their governments to continue fighting together against the Axis Powers. Sreenivasa Murthy, “UN and Peace-Keeping”, at pg. These limitations are considered to be of a negative nature rather than positive nature. All law is either written or unwritten, and although it might seem otherwise, the doctrine of implied powers is based on written law.[20]. In this case the court before answering the question of capacity of the UN to bring an international claim dwelled on the aspect, whether the Charter has given the organization such a position it possesses, in regard, of its members, rights which it is entitled to respect. The International Court of Justice, which could clarify this issue by way of an obiter dictum, refuses to specify which articles of the UN Charter may serve as the basis of the peace-keeping operations[50].

It allows Congress to make laws not covered by its expressed powers.

and Mingst K.A. We came across it, while looking for something else, during an investigation of the guerrilla fighting in northern Greece in 1947.”[39], Article 1, denotes that the primary purpose of the UN is to maintain international peace and security. The third limitation is that the use of implied powers may not violate fundamental rules and principles of international law. [5] There is a general consensus among the statesmen regarding the existence of the implied powers and the importance of the implied power especially in the present day context with a number of changes taking place. L. 123, available online at www.westlaw.com, last visited on 20th November 2008.

Denying the UN the right to demand compensation would make it all but impossible for the organisation to reach its objectives, so the right to demand compensation must be considered to be implied by the other powers of the organisation, that are listed explicitly in the Charter. 306, [50] Orakhelashvili, Alexander., “The Legal Basis of the United Nations Peace-Keeping Operations”, available online at www.heinonline.com, last visited on 15th December 2008, You can also submit your article by sending to article@lawyersclubindia.com. pass laws to protect the disabled. The UN defines peacekeeping as “as an operation involving military personnel, but without the enforcement powers, undertaken by the United Nations to help maintain or restore international peace and security in areas of conflict.”[36] The expression ‘peace-keeping’ has not been used in the UN Charter and it has gained importance as a consequence of practice, precedent and doctrine. The powers of the UN can not be ascertained by construing the Charter strictly. Ltd., New Delhi, 2005 at pg. [23] However the principle of attribution encounters at least a theoretical and a practical one. The difference between peace keeping and peace-enforcement missions is also crucial for determining the allocation of powers between the UN and regional organizations. 175, [8] Holterman Martin, “The Importance of Implied Powers in Community Law” available online at www.heinonline.com last visited on 20th November, 2008, [9] Klabbers J., “An Introduction to International Institutional Law”, Cambridge University Press., UK, 2002. at pg.

The court while stating this fact also found evidence of this Charter by mentioning the relevant factors such as existence of organs and tasks; obligation for member to give assistance to the organization in action undertaken by it, and recognition of the legal capacity.[35]. Moreover, the ICJ decided that, without the right to demand compensation, it would be difficult if not impossible for the UN to find people willing to be sent to such troubled areas. In other words, does the organization posses international personality?”[31] In answering this question which is not settled by the actual terms of the Charter, the Court goes on to consider what characteristics the Charter was intended to give to the Organization.

Created by. Therefore many say that Article 41 and 42 cannot be the basis for the peace keeping operations because the articles deal with the enforcement functions. [1] Reparation for Injuries Suffered in the Service of United Nations  ICJ Rep. 1949. The UN must lead a coherent and determined effort to keep peacekeeping missions distinct from peace-enforcement missions.

Implied powers are political powers granted to the United States government that aren’t explicitly stated in the Constitution. Though this was unnecessary in the country’s fledgling days, as it grew in population, and as a need for a larger army arose while volunteer rates dropped, ther… [7] Therefore for this reason other form of powers exists such as customary and implied powers. [21] Klabbers J., “An Introduction to International Institutional Law”, Cambridge University Press., UK, 2002. at pg.

What it does mean is that it is a subject of international law and capable of possessing international rights and duties, and that it has capacity to maintain its rights by bringing international claims.”[32], International personality is thus identified with the possession of rights and has come to be recognized in relation to Member States.

The ICJ in this regard said, “Accordingly, the Court has come to the conclusion that the Organization is an international person. 306.

306, [44] as cited in Orakhelashvili, Alexander., “The Legal Basis of the United Nations Peace-Keeping Operations”, available online at www.heinonline.com, last visited on 15th December 2008, [46] Orakhelashvili, Alexander., “The Legal Basis of the United Nations Peace-Keeping Operations”, available online at www.heinonline.com, last visited on 15th December 2008, [49] Karns, M.P. Aarogya Setu: Is Govt. Amersinghe, C.F., “Principle of Institutional Law of International Organisation”, 2nd edition, Cambridge University Press, 2005.