Tuesday 28 February 2012

Legal framework of the development policy of the UN


According to Arturo Escobar, institutions such as the UN had the „moral, professional and legal authority to name subjects and define strategies; and the international lending organizations, which carried the symbols of capital and power”. (‘The Making and Unmaking of the Third World Through Development’ in Majid Rahnema and Victoria Bawtree The Post-development Reader (Zed books 1997) p.87)


The postwar multilateral regime that the Charter prescribed, rested on the idea that international order would be achieved through policing by the powerful and nurtured by a system of international cooperation and an expanding world economy. In the words of the Charter Article 1, the UN should be 'a center for harmonizing the actions of nations in the attainment of … common ends'. One such end was 'to maintain international peace and security', and another to solve 'international problems of an economic, social, cultural or humanitarian character'. With a view to the preamble development is already mentioned by outlining the end:to promote social progress and better standards of life in larger freedom‘ and for this end:to employ international machinery for the promotion of the economic and social advancement of all peoples‘

Chapters IX and Chapter X describe the UN's powers for economic and social cooperation, and the Economic and Social Council that oversees these powers. Chapter IX which spells out the role of the UN in 'INTERNATIONAL ECONOMIC AND SOCIAL CO-OPERATION', indicates that Charter Article 55 is the basis for development policy and sets “guidelines”. Charter article 55 shows the conceptual link between Political and Social and economic and social development. With a view to the creation of conditions of stability and well-being which are necessary for peaceful and friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, the United Nations is assigned the role of promoting:

a) higher standards of living, full employment, and conditions of economic and social progress and development.

Further the UN is expected to identify:

b) solutions of international economic, social, health, and related problems; and international cultural and educational co-operation

Charter Article 56 has a guarantee function for the achievement of the purposes set forth in Article 55 through cooperation: 'take joint/separate action in co-operation'. Charter Article 57 is referring to the specialized agencies.

The UN development system further comprises a set of organizations based on separate intergovernmental treaties that fulfill a wide variety of functions in such key socioeconomic sectors as health, employment, agriculture, and education. Specialized agencies are autonomous organizations working with the UN and each other through the coordinating machinery of the ECOSOC at the intergovernmental level. Specialized agencies may or may not have been originally created by the UN, but they are incorporated into the UN System by the ECOSOC acting under Articles 57 and 63 of the UN Charter.

Some actually date back to the 19th century or the League of Nations. While these organizations are bound to the UN by legal agreements, they are not governed directly by UN organs. A key purpose of these special agreements, as stated in Article 58, is the coordination of activities in the pursuit of economic, social, and cultural objectives. However, some provisions have never been fully implemented The following 14 autonomous agencies have their own constitutions, own separate Member States, governing bodies, budgets, and executive heads. World Bank Group and International Monetary Fund are also technically part of the UN system but operate separately. Together with the UN proper – its principal organs and funds and programs – the specialized agencies constitute to the so-called UN system.

source: Charter of the United Nations

Further reading:

Weiss, Thomas G. And Daws, Sam (2007): The Oxford Handbook on the United Nations. Oxford, p. 136-49; 254-264; 561-582

Countries in Special Situations - UN Bodies (Committee for Development Policy),

Global Programmes and Regional Programmes

http://www.un.org/en/development/progareas/spneeds.shtml

http://www.un.org/en/development/index.shtml

http://www.un.org/en/development/other/overview.shtml

About development - mandate, setting the agenda, assistance for development – pooling resources http://www.un.org/en/development/other/overview.shtml

The United Nations Development Agenda:

Development for All

http://www.un.org/en/development/devagenda/UNDA_BW5_Final.pdf

Development Projects (UN, FAO, IBRD)

http://esa.un.org/subindex/pgViewSites.asp?termCode=GH.10

Development Programmes (UNDP, IMF)

http://esa.un.org/subindex/pgViewSites.asp?termCode=GH.05


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