Transcript International Law and Organizations

THE UNITED NATIONS
Purpose of the United Nations
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Established after WWII to achieve the global public
good of international peace and security
Collective security: An approach to security in which
states agree to act collectively to repel aggressionThe idea is that an attack on one is an attack on all
The UN now address a broad array of other issues
beyond tradition security issues
Structure of the UN
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Secretariat (Currently: Sec. General Ban Ki Moon)
Security Council
 Perm
5 (United States, Russia, China, Great Britain,
France)
 10 rotating members
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General Assembly (192 member states)
Economic and Social Council
International Court of Justice (ICJ or World Court)
The Secretariat
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Bureaucratic arm of the UN
9,000 employees to carry out day-to-day activities
Secretary General: Ban Ki Moon
 Can
bring issues before the Security Council and utilize
soft power to persuade and pressure states to resolve
global issues
The Security Council
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Has authority (Chapter VII of UN Charter) to use
force to reduce threats to international security
15 member countries
 Permanent
5 (United States, Russia, United Kingdom,
China, France) + 10 rotating members
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Perm 5- have veto power—any one of the perm 5
can stop a resolution by veto
For a measure to pass the SC there must be 9 votes
(including all of Perm-5 to be on board)
The General Assembly
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192 member states
Based on the principle of sovereign equality of
states
Serves as a forum and issues non-binding resolutions
Economic and Social Council
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54 member countries, elected for 3 year terms
Coordinates and oversees UN’s major economic and
social programs
Oversees work of important affiliated institutions
 World
Health Organization
 World Bank
ICJ
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15 elected judges
Two primary functions:
 Issue
advisory opinions at request of the SC (example:
Kosovo’s independence)
 Decide contentious cases between states
An essential difference between domestic and
international legal systems….
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The ICJ lacks compulsory jurisdiction
Important to note that in international law,
jurisdiction is always by consent
States choose to participate in court proceedings and
choose whether or not to abide by ruling
How is international law made?
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Treaties
 Multilateral
 Example:
“norm-making treaty”
Nuclear non-proliferation treaty
 Bilateral
 http://www.state.gov/s/l/treaty/tif/index.htm
 Binding
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on contracting parties
International Custom
Generally recognized principles by nations
Judicial decisions
How are laws adjudicated?
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International Court of Justice (World Court)
 http://www.icj-cij.org/court/index.php?p1=1
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International Criminal Court
 http://www.icc-
cpi.int/en_menus/icc/Pages/default.aspx
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World Trade Organization
 http://www.wto.org/
UN Failures
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Somalia
Rwanda
Bosnia
Darfur
Syria
A critical issue to consider…
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The democratic deficit: International institutions are biased in favor
of powerful states and elites that are often not directly accountable
often make decisions
When examining international institutions it is important to consider
who is being represented? Whose voices are heard? Whose voices
are silenced or marginalized?
There have been and continue to be efforts by the Global South to
have their voices heard and interests represented in international
institutions (such as through NIEO)
An argument to consider: International institutions are certainly
biased in favor of those with the hard power, but at the same time
they may also open opportunities/forums for voices of less powerful
and marginalized states to assert issues on to the international
agenda.
Reform the UN?
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Reform veto power of Security Council?
Expanding membership of the Security Council?
A standing army?
UN Enforcement Capabilities
Security Council Operations to Enforce Law and Order
under Chapter VII of UN Charter
 North
Korea’s invasion of South Korea (1950)
 Iraq’s invasion of Kuwait (1990)
Peacekeeping missions—16 current missions
 http://www.un.org/en/peacekeeping/operations/current.sh
tml
Lessons from U.S. invasion of Iraq?
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U.S. flouting of the UN in 2003 in favor of
unilateral decision making
“If the United Nations doesn’t have the will or
courage to disarm Saddam Hussein and if Saddam
Hussein does not disarm, the United States will lead
a coalition to disarm [him]”—GWB
A question for discussion…
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Consider the U.S. decision to flout the UN in its
decision to invade Iraq in 2003 as well as the
aftermath of this decision. What does this decision
and its aftermath say to you about the strength of
international law and international institutions?
Do you believe that international institutions and
laws will be more important or less important in the
future? Why or why not?
A concluding thought…
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Perhaps we should not be asking is Realism the best
paradigm or is Liberalism the best paradigm…..
Maybe a better question is:
 Under
what conditions is cooperation possible and under
what conditions is it less likely?