International Law: Unit 3 International Organizations
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Transcript International Law: Unit 3 International Organizations
International Law: Unit 3
International Organizations
Mr. Morrison
Fall 2005
United Nations
Principal organs
Fall 2005
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
Each Member has one vote
Powers mostly to recommend
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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Organizations
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Additional authority of GA
Declarations can help form kernel of
new international law
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)
5 permanent members; 10 others
Powers to take decisions (see arts. 39, 41,
42, etc.) and to use force
Voting:
Substantive questions require 9 votes, including all
permanent members
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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SC: Substantive Powers
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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SC: Additional powers
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
“Chief administrative officer” (art. 97)
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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Organizations
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UN: Economic & Social Council
Charter, Chapters IX-X, arts. 55-74
Chapt. IX sets out principles, Chapt. X
organizes Council (ECOSOC)
27 Members (States) elected for 3 years
Functions:
Oversees a variety of programs
Including Human Rights, Drug enforcement
Regional Economic Commissions
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ECE important in environmental issues (!)
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Organizations
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UN: Other principal organs
International Court of Justice (Ch. XIV,
arts 92-92)
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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Organizations
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UN: Types of operations
Departments
Programs
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
Specialized Agencies
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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Organizations
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UN: Types of operations
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
Many global, regional international
organizations
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)
Had no role in traditional international
law
Have a variety of aims and purposes
Fall 2005
Public good
Private profit
Personal advantage
May or may not be “representative”
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Organizations
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NGOs
Influences of NGOs
“Lobbying” on issues
Fall 2005
At international conferences, meetings
At national government level
Expertise, clearinghouse
Direct communication between interested
parties in different States
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Organizations
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