International Law: Unit 3 International Organizations

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Transcript International Law: Unit 3 International Organizations

International Law: Unit 4
International Organizations
Mr. Morrison
Fall 2006
United Nations
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Principal organs
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General Assembly
Security Council
Secretariat
Economic and Social Council
International Court of Justice
[Trusteeship Council]
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Organizations
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UN: General Assembly
Chapter IV; arts. 9-22
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Each Member has one vote
Powers mostly to recommend
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Note the “weak” verbs—”consider,”
“recommend” etc.
Direct authority over budget (art. 17),
elections to Security Council, etc.
2/3 vote on “important” questions (art.
18)
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Additional authority of GA
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Declarations can help form kernel of
new international law
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By reciting rules as existing law
By providing touchstone for judging
subsequent State practice
By creating “soft law” expectations
Moral (diplomatic) authority of broad
consensus
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UN: Security Council
Charter, chapters V-VII, arts. 23-51 (-52)
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5 permanent members; 10 others
Powers to take decisions (see arts. 39, 41,
42, etc.) and to use force
Voting:
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Substantive questions require 9 votes, including all
permanent members
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Procedural questions require 9 votes
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Abstention doesn’t create a veto
“Double veto”: Whether question is procedural is a
substantive question.
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Security Council: Substantive
Powers
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Chapter VI (arts. 33-38): Pacific
Settlement of Disputes
Chapter VII (arts. 39-51): Actions with
Respect to Threats to the Peace,
Breaches of the Peace, and Acts of
Aggression
Also some powers in respect to regional
peacekeeping (art. 52)
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Security Council: Additional
powers
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Admission of members (art 4(2))
Selection of ICJ judges (ICJ Stat.)
Selection of Secretary-General (art.97)
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UN: Secretary-General
Charter, arts. 97-101
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“Chief administrative officer” (art. 97)
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Responsible for administrative operations
of the organization
Beginning with Dag Hammerskjold
incumbents have played a large role in
leadership on issues
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Break with tradition of League of Nations
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UN: Economic & Social Council
Charter, Chapters IX-X, arts. 55-74
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Chapt. IX sets out principles, Chapt. X
organizes Council (ECOSOC)
27 Members (States) elected for 3 years
Functions:
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Oversees a variety of programs
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Including Human Rights, Drug enforcement
Regional Economic Commissions
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ECE important in environmental issues (!)
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UN: Other principal organs
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International Court of Justice (Ch. XIV,
arts 92-92)
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Has separate Statute
Will be discussed in a later Unit
Trusteeship Council (Chs. XII-XIII, arts.
75-91)
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Now obsolete
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UN: Types of operations
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Departments
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Programs
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E.g., Legal affairs, management, etc.
Established by GA or ECOSOC and
reporting to them
Security Council operations
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Reporting to SC
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UN: Types of operations
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Specialized Agencies
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Separate international organizations, with
own charters, finances, organizational
structures, but cooperating with UN
Some, e.g., “World Bank Group” more
independent that others
Related organizations
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Even more independent (e.g., WTO, IAEA)
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UN: Types of operations
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Many international functions are “under
the umbrella,” but not “in the house.”
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UNCLOS
ICC
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Other international
organizations
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Many global, regional international
organizations
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General principle: No powers beyond
those expressly delegated
Typical organization
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Assembly of Members (meets every 2-3 years)
Council
Secretariat
Expert commissions
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Non-governmental
organizations (NGO’s)
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Had no role in traditional international
law
Have an increasing role in modern
international practice
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Is this a good thing?
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NGO’s
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Have a variety of aims and purposes
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Public good
Private profit
Personal advantage
May or may not be “representative”
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NGOs
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Influences of NGOs
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“Lobbying” on issues
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At international conferences, meetings
At national government level
Expertise, clearinghouse
Direct communication between interested
parties in different States
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