The Charter of the United Nations is the foundational treaty of the United Nations. It provides the legal, institutional, and moral framework for the post–Second World War international order and continues to shape global governance.
Background and Historical Context
The Charter emerged from the devastation of the Second World War and the failure of the League of Nations to prevent global conflict. Between 1941 and 1945, a series of international declarations and conferences—such as the Atlantic Charter (1941), the Declaration by United Nations (1942), and the Dumbarton Oaks and Yalta Conferences—laid the intellectual and structural groundwork for a new international organization.
The Charter was drafted at the San Francisco Conference (April–June 1945) with participation from 50 countries. It was signed on 26 June 1945 and came into force on 24 October 1945, which is celebrated annually as United Nations Day.
Nature and Legal Status of the Charter
The UN Charter is both:
- a multilateral international treaty, and
- the constitutional document of the United Nations.
Its provisions are legally binding on all member states. Importantly, Article 103 establishes the supremacy of the Charter over all other international treaties in case of conflict, giving it a unique position in international law.
Structure of the UN Charter
The Charter consists of:
- a Preamble, and
- 111 Articles divided into 19 Chapters.
The Preamble reflects the philosophical foundation of the UN, emphasizing peace, human dignity, equality of states, and social progress. While not enforceable, it acts as an interpretative guide to the Charter.
Purposes and Principles (Chapters I & II)
Article 1 – Purposes
The main purposes include:
- maintenance of international peace and security,
- development of friendly relations among nations based on equality and self-determination,
- international cooperation in economic, social, cultural, and humanitarian fields, and
- promotion of human rights and fundamental freedoms.
Article 2 – Principles
Key principles include:
- sovereign equality of all member states,
- peaceful settlement of disputes,
- prohibition on the threat or use of force,
- non-intervention in domestic affairs (Article 2(7)),
- obligation of members to fulfill Charter commitments in good faith.
Principal Organs of the United Nations (Chapter III)
The Charter establishes six principal organs:
- General Assembly – deliberative and representative body of all member states.
- Security Council – primary responsibility for international peace and security.
- Economic and Social Council (ECOSOC) – coordination of economic and social development.
- International Court of Justice (ICJ) – principal judicial organ.
- Secretariat – administrative organ headed by the Secretary-General.
- Trusteeship Council – supervised decolonization (now inactive).
Security Council and Enforcement Powers
The Security Council derives its authority mainly from Chapters VI and VII.
- Chapter VI: Peaceful settlement of disputes (mediation, negotiation, arbitration).
- Chapter VII: Action in cases of threats to peace, breaches of peace, or acts of aggression.
Under Chapter VII, the Council may:
- impose economic and diplomatic sanctions (Article 41),
- authorize military action (Article 42).
Article 51 recognizes the inherent right of individual or collective self-defense until the Security Council takes necessary measures.
Sovereignty vs Collective Security
A critical UPSC-relevant theme is the balance between:
- state sovereignty, and
- collective security.
While Article 2(7) protects domestic jurisdiction, Security Council action under Chapter VII can override this principle in the interest of global peace. This tension defines much of contemporary international relations.
Amendment of the Charter (Chapter XVIII)
Amendments require:
- approval by a two-thirds majority of the General Assembly, and
- ratification by two-thirds of member states including all five permanent members of the Security Council.
This rigid procedure explains why structural reforms—especially Security Council reform—remain difficult.
Contemporary Relevance
In the 21st century, the Charter faces challenges from:
- changing geopolitics,
- rise of non-state actors,
- climate change,
- cyber warfare, and
- global inequality.
There are increasing calls for reform, particularly regarding the Security Council’s composition and veto power. However, despite criticism, the Charter remains the central legal instrument governing the use of force, peacekeeping, and international cooperation.
