Minggu, 31 Januari 2016

Perbedaan dan Persamaan LBB – PBB

Ditulis berdasarkan hasil tulisan A. Walter Dorn, Royal Military College of Canada 12 May 2008 thumbnail 1 summary

Ditulis berdasarkan hasil tulisan A. Walter Dorn, Royal Military College of Canada 12 May 2008




Perbedaan dan Persamaan LBB – PBB Menurut The League Covenant And The UN Charter
Subjek
LBB
PBB
Tujuan
a.       In order to promote international co-operation and to achieve international peace and security
b.      by the acceptance of obligations not to resort to war,
c.       by the prescription of open, just and honourable relations between nations,
d.      by the firm establishment of the understandings of international law as the actual rule of conduct among Governments, and
e.       by the maintenance of justice and a scrupulous respect for all treaty obligations in the dealings of organised peoples with one another,
f.       Agree to this Covenant of the League of Nations.

a.       To maintain international peace and security
b.      To develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples,
c.       To achieve international cooperation 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
d.      To be a centre for harmonizing the actions of nations in the attainment of these common ends.
Prinsip
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Article 2
The Organization and its Members, in pursuit of the Purposes stated in Article 1, shall act in accordance with the following Principles.
a.The Organization is based on the principle of the sovereign equality of all its Members.
b.All Members, in order to ensure to all of them the rights and benefits resulting from membership, shall fulfil in good faith the obligations assumed by them in accordance with the present Charter.
c.All Members shall settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered,
d.All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations.
e.All Members shall give the United Nations every assistance in any action it takes in accordance with the present Charter, and shall refrain from giving assistance to any state against which the United Nations is taking preventive or enforcement action.
f.The Organization shall ensure that states which are not Members of the United Nations act in accordance with these Principles so far as may be necessary for the maintenance of international peace and security.
Nothing contained in the present Charter shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state or shall require the Members to submit such matters to settlement under the present Charter; but this principle shall not prejudice the application of enforcement measures under Chapter VII.
Keanggotaan
a.       The original Members of the League of Nations shall be those of the Signatories which are named in the Annex to this Covenant and also such of those other States listed in the Annex as shall accede without reservation to this Covenant. Such accession shall be effected by a Declaration deposited with the Secretariat within two months of the coming into force of the Covenant. Notice thereof shall be sent to all other Members of the League.
b.      All fully self-governing State, Dominion or Colony not named in the Annex may become a Member of the League if its admission is agreed to by two-thirds of the Assembly, provided that it shall give effective guarantees of its sincere intention to observe its international obligations, and shall accept such regulations as may be prescribed by the League in regard to its military, naval and air forces and armaments.
c.       Any Member of the League may, after two years notice of its intention to do so, withdraw from the League, provided that all its international obligations and all its obligations under this Covenant
Article 3
a.       The original Members of the United Nations shall be the states which, having participated in the United Nations Conference on International Organization at San Francisco, or having previously signed the Declaration by United Nations of January 1, 1942, sign the present Charter and ratify it in accordance with Article 110.
Article 4
b.      Membership in the United Nations is open to all other peace-loving states which accept the obligations contained in the present Charter and, in the judgment of the Organization, are able and willing to carry out these obligations.
c.       The admission of any such state to membership in the United Nations will be effected by a decision of the General Assembly upon
Organisasi
ARTICLE 2. EXECUTIVE ORGANS
The action of the League under this Covenant shall be effected through the instrumentality of an Assembly and of a Council, with a permanent Secretariat.



Article 7
1. There are established as the principle 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.
2. Such subsidiary organs as may be found necessary may be established
concerned.
Organisasi (Alat Kelengkapan)
a.       Assembly
b.      Council,
c.       Permanent Secretariat.
d.      International bureaux and all commissions
e.       Promotion of Red Cross and health
f.       Permanent Court Of International Justice
a.       General Assembly,
b.      Security Council,
c.       Economic and Social Council,
d.      Trusteeship Council,
e.       International Court of Justice,
f.       Secretariat.
Sekretariat
1. The permanent Secretariat shall be established at the Seat of the League. The Secretariat shall comprise a Secretary-General and such secretaries and staff as may be required.
2. The first Secretary-General shall be the person named in the Annex; thereafter the Secretary-General shall be appointed by the Council with the approval of the majority of the Assembly.
3. The secretaries and staff of the Secretariat shall be appointed by the Secretary-General with the approval of the Council.
4. The Secretary-General shall act in that capacity at all meetings of the Assembly and of the Council.
5. The expenses of the League shall be borne by the Members of the League in the proportion decided by the Assembly.
Article 97
The Secretariat shall comprise a Secretary-General and such staff as the Organization may require. The Secretary-General shall be appointed by the General Assembly upon the recommendation of the Security Council. He shall be the chief administrative officer of the Organization.
Article 98
The Secretary-General shall act in that capacity in all meetings of the General Assembly, of the Security Council, of the Economic and Social Council and of the Trusteeship Council, and shall perform such other functions as are entrusted to him by these organs. The Secretary-General shall make an annual report to the General Assembly on the work of the Organization.

Dewan
ARTICLE 4. COUNCIL
The Council shall consist of Representatives of the Principal Allied and Associated Powers, together with Representatives of four other Members of the League. These four Members of the League shall be selected by the Assembly from time to time in its discretion. Until the appointment of the Representatives of the four Members of the League first selected by the Assembly, Representatives of Belgium, Brazil, Spain and Greece shall be Members of the Council.

CHAPTER V. THE SECURITY COUNCIL
COMPOSITION
Article 23
The Security Council shall consist of fifteen Members of the United Nations. The Republic of China, France, the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland, and the United States of America shall be permanent members of the Security Council. The General Assembly shall elect ten other Members of the United Nations to be non-permanent members of the Security Council, due regard being specially paid, in the first instance to the contribution of Members of the United Nations to the maintenance of international peace and security and to the other purposes of the Organization, and also to equitable geographical distribution.
FUNCTIONS AND POWERS
Article 24
1. In order to ensure prompt and effective action by the United Nations, its Members confer on the Security Council primary responsibility for the maintenance of international peace and security, and agree that in carrying out its duties under this responsibility the Security Council acts on their behalf.
2. In discharging these duties the Security Council shall act in accordance with the Purposes and Principles of the United Nations. The specific powers granted to the Security Council for the discharge of these duties are laid down in Chapters VI, VII, VIII, and XII.
3. The Security Council shall submit annual and, when necessary, special reports to the General Assembly for its consideration.
Majelis Umum
ARTICLE 3. ASSEMBLY
1. The Assembly shall consist of Representatives of the Members of the League.
2. The Assembly shall meet at stated intervals and from time to time as occasion may require at the Seat of the League or at such other place as may be decided upon.
3. The Assembly may deal at its meetings with any matter within the sphere of action of the League or affecting the peace of the world.
4. At meetings of the Assembly, each Member of the League shall have one vote, and may have not more than three Representatives.
CHAPTER IV. THE GENERAL ASSEMBLY
COMPOSITION
Article 9
1. The General Assembly shall consist of all the Members of the United Nations.
2. Each Member shall have not more than five representatives in the General Assembly.
FUNCTIONS AND POWERS
Article 10
The General Assembly may discuss any questions or any matters within the scope of the present Charter or relating to the powers and functions of any organs provided for in the present Charter, and, except as provided in Article 12, may make recommendations to the Members of the United Nations or to the Security Council or to both on any such questions or matters.
Departemen Lainnya
ARTICLE 24. INTERNATIONAL BUREAUS
1.There shall be placed under the direction of the League all international bureaux already established by general treaties if the parties to such treaties consent. All such international bureaux and all commissions for the regulation of matters of international interest hereafter constituted shall be placed under the direction of the League.
2.In all matters of international interest which are regulated by general conventions but which are not placed under the control of international bureaux or commissions, the Secretariat of the League shall, subject to the consent of the Council and if desired by the parties, collect and distribute all relevant information and shall render any other assistance which may be necessary or desirable.
3.The Council may include as part of the expenses of the Secretariat the expenses of any bureau or commission which is placed under the direction of the League.

ARTICLE 25. PROMOTION OF RED CROSS AND HEALTH
The Members of the League agree to encourage and promote the establishment and co-operation of duly authorised voluntary national Red Cross organisations having as purposes the improvement of health, the prevention of disease and the mitigation of suffering throughout the world.

ARTICLE 14. PERMANENT COURT OF INTERNATIONAL JUSTICE
The Council shall formulate and submit to the Members of the League for adoption plans for the establishment of a Permanent Court of International Justice. The Court shall be competent to hear and determine any dispute of an international character which the parties thereto submit to it. The Court may also give all advisory opinion upon any dispute or question referred to it by the Council or by the Assembly.
CHAPTER X. THE ECONOMIC AND SOCIAL COUNCIL
COMPOSITION
Article 61
1.The Economic and Social Council shall consist of fifty-four Members of the United Nations elected by the General Assembly.
2.Each member of the Economic and Social Council shall have one
FUNCTIONS AND POWERS
Article 62
1. The Economic and Social Council may make or initiate studies and reports with respect to international economic, social, cultural, educational, health, and related matters and may make recommendations with respect to any such matters to the General Assembly,
to the Members of the United Nations, and to the specialized agencies

CHAPTER XIII. THE TRUSTEESHIP COUNCIL
COMPOSITION
Article 86
1. The Trusteeship Council shall consist of the following Members of the United Nations:
a. those Members administering trust territories;
b. such of those Members mentioned by name in Article 23 as are not administering trust territories; and
c. as many other Members elected for three-year terms by the General Assembly as may be necessary to ensure that the total number of members of the Trusteeship Council is equally divided between those Members of the United Nations which administer trust territories and those which do not.
2. Each member of the Trusteeship Council shall designate one specially qualified person to represent it therein.
FUNCTIONS AND POWERS
Article 87
The General Assembly and, under its authority, the Trusteeship Council, ill carrying out their functions, may:
a. consider reports submitted by the administering authority;
b. accept petitions and examine them in consultation with the administering authority;
c. provide for periodic visits to the respective trust territories at times agreed upon with the administering authority; and
d. take these and other actions in conformity with the terms of the trusteeship agreements.
Article 88
The Trusteeship Council shall formulate a questionnaire on the political, economic, social, and educational advancement of the inhabitants of each trust territory, and the administering authority for each trust territory within the competence of the General Assembly shall make an annual report to the General Assembly upon the basis of such questionnaire.

CHAPTER XIV. THE INTERNATIONAL COURT OF JUSTICE
Article 92
The International Court of Justice shall be the principal judicial organ of the United Nations. It shall function in accordance with the annexed Statute, which is based upon the Statute of the Permanent Court of International Justice and forms an integral part of the present Charter.
Article 93
1. All Members of the United Nations are ipso facto parties to the Statute of the International Court of Justice.
2. A state which is not a Member of the United Nations may become a party to the Statute of the International Court of Justice on conditions to be determined in each case by the General Assembly
 
Berdasar perbandingan LBB dan PBB diatas maka dapat terlihat bahwa perbedaan dan persamaan di keduanya tidak terlalu mencolok. Hal itu karena PBB sangat dipengaruhi dengan LBB yang sudah lebih dahulu ada. Perbedaan yang dapat kita lihat dalam beberapa hal seperti:
1.      Penjabaran dalam Piagam LBB-PBB
Penjabaran hal-hal yang ingin diatur dalam keduanya terlihat berbeda karena pada LBB sebagian besar dijelaskan secara umum, sedangkan pada PBB dijelaskan dengan lebih rinci. Namun pada beberapa hal LBB juga lebih spesifik dalam mengutarakan suatu tindakan yang harus dilakukan, di banding PBB yang cenderung menjelaskan secara umum tentang tindakan apa yang harus diambil.
2.      Tujuan dan Prinsip
Baik LBB maupun PBB mempunyai tujuan yang sama-sama menginginkan perdamaian di muka bumi ini. Namun LBB tidak tertuang secara tersurat prinsip kegiatan LBB, sementara PBB menuliskan dengan jelas tujuan dan prinsip bertindak bagi PBB.
3.      Organisasi
LBB dan PBB dalam menjalankan kegiatannya didukung oleh alat kelengkapan organisasi yang sebenarnya hampir sama. Pada LBB alat kelengkapan organisasi adalah,
a.       Assembly (Majelis/Majelis Umum)
b.      Council (Dewan/Dewan Keamanan)
c.       Permanent Secretariat (Sekretariat LBB)
d.      International bureaux and all commissions (Biro dan Komisi Internasional)
e.       Promotion of Red Cross and health (LBB mengupayakan negara-negara dunia bekerjasama dengan Palang Merah International)
f.       Permanent Court Of International Justice (Pengadilan Internasional, tapi untuk LBB hal ini masih berupa harapan untuk bisa diwujudkan, namun LBB sudah terlebih dahulu dibubarkan)
Sementara di PBB alat kelengkapan organisasinya adalah,
a.    General Assembly (Majelis Umum/Majelis)
b.    Security Council (Dewan Keamanan/Dewan)
c.    Economic and Social Council (Dewan Ekonomi dan Sosial)
d.   Trusteeship Council (Dewan-dewan lain)
e.    International Court of Justice (Pengadilan Internasional)
f.     Secretariat (Sekretariat PBB)
4.      Keanggotaan
Keanggotaan di LBB dapat dilakukan oleh negara merdeka maupun kelompok dominan lain yang disepakati dua pertiga anggota Majelis. Baik PBB dan LBB dalam menentukan masuk tidaknya suatu negara kedalamnya sama-sama melalui kesepakatan majelis/majelis umum. Majelis/majelis umum sendiri berisikan perwakilan negara-negara anggota baik pada LBB maupun PBB.
5.      Cara Mencapai Perdamaian
LBB lebih mengupayakan pengurangan penggunaan militer maupun perang untuk menciptakan perdamaian, namun kurang melihat dari aspek lain seperti ekonomi, sosial, pendidikan dan lainnya. Sementara PBB usaha menciptakan perdamaian dunia dengan membuat kesepakatan bersama yang intinya sama mencegah konflik dan mengutamakan negosiasi maupun arbitrase internasional. PBB juga dalam usahanya tersebut lebih memperhatikan aspek lain yang mendukung terciptanya perdamaian dunia. Seperti pendidikan, ekonomi, sosial, dan banyak aspek lain yang diperhatikan PBB dengan mendirikan dewan/badan lain diluar dewan-dewan yang sudah di atur dalam UN Charter.

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