Transcript May 10, 2007

GLOBAL
GOVERNANCE
International Law and
International Organization
Today
1. International law
2. International organization
General remarks: from cooperation
to global governance

Why states cooperate




How states cooperate



to coexist
to avoid greater evils
to achieve the national interest
diplomacy
international law and international organization
Global governance



norms
rules
predictability
INTERNATIONAL LAW
Sources of international law

Customary practices

Treaties
The signing of the Peace of Westphalia

Court decisions & legal scholarship

General principles of law
When is war legal?
Jus ad bellum

Legality vs. legitimacy
Legality
Procedures & conditions
specified in the law
concerning the use
of armed force
by states

vs.
Legitimacy
Political & moral
justifications to operate
outside the law (may be
recognized by others)
United Nations Security Council’s role



UN Charter, Ch. VII
authorize war (or not)
determine how to respond
What is legal during war?
Jus in bello

Four Geneva Conventions
1)
2)
3)
4)

1864, 1907: wounded combatants &
the sick
1929: conditions of war prisoners &
the shipwrecked
1949: rights of prisoners of war & the
shipwrecked
1949: protection of civilians in war
Tribunal: the International Criminal
Court (ICC)
Enforcing international law: the
International Criminal Court (ICC)

In force July 1, 2002

Tries natural persons only

Areas of responsibility





18 judges elected for 9 years by the
Members of the ICC by 2/3 majority.
crime of genocide
crimes against humanity
war crimes (committed during war)
crime of aggression* (starting a war)
Subsidiarity principle
Enforcing international law: the
International Court of Justice (ICJ)

Main international tribunal

Tries states only

Members: same as UN*

Compulsory jurisdiction

Reservations
15 judges elected for 9 years by simple
majority by:
- UN General Assembly
- UN Security Council
In separate votes
The problem of enforcement

Sovereignty remains the basic rule (Ch. I,
art. 2(1) of UN Charter)

Determining factors in compliance





goodwill of states
national interest
state power
public opinion (domestic & foreign)
other governments’ opinion
INTERNATIONAL ORGANIZATION
A definition
“formal arrangement transcending national
boundaries that provides for the establishment
of institutional machinery to facilitate
cooperation among members in security,
economic, social or related fields”, Plano and
Olton quoted in Sens and Stoett, Global
Politics, p. 153.
Types

Public vs. private
Non-governmental
organization (NGO)
Intergovernmental
organization (IGO)

Multipurpose, universal

Multipurpose, regional

Functional (specialized)

Special case: supranational organization
Sustained &
institutionalized cooperation


Management of complex relations
Permanent contacts, channels for
cooperation & negotiations
 implementation of existing treaties
Features
 mediation
- A moral person
- Created by treaty*
 organization of summits
- Headquarters
- Public service
- State delegates
- Regular sessions
* If it is a public international
organization (see previous
slide).
The United Nations (UN)

Objective

Two-tier membership

Mechanisms: mediation & collective security

A multifunctional, universal international
organization
General Assembly

193 members

A forum for deliberation

States, large & small, rich & poor

The meaningfulness of GA resolutions
Prime Minister Stephen Harper
addressing the General Assembly
Security Council

Purpose

5 permanent members (P-5)

10 non-permanent members

Contested membership
Current US ambassador
to the UN Susan Rice
The Secretariat &
the Secretary General
Ban Ki-moon
In office 2007—

Daily running of the organization

Headed by the Secretary General

Appointed by the General Assembly on
recommendation of the Security Council

The Secretary-General’s status
Problems

General problems




number of employees & complex procedures
money (salaries, perks, etc.)
lack of cooperation in Security Council
Specific problems



Oil for Food Program (1990s)
Libya as chair of the Human Rights
Commission (2003)
sexual abuse & forced prostitution by UN
Peacekeepers (1990s & early 2000s)
Conclusions

States cooperate through multiple channels

They formalize cooperation in international law

They institutionalize cooperation in international
organizations

But states retain their sovereignty to act in their
interest

NB: try not to be too cynical
Appendix: Reform proposals for the UN Security
Council
Model A (24 seats)
Blue Model (20 seats)
5 permanent members with veto
6 new permanent without veto*
13 non-permanent
5 permanent members with veto
3 non-permanent for 3 or 4-yr term*
12 non-permanent*
*1 for Europe, 1 for the Americas & Caribbean, 2 for Africa, 2 for Asia
* Renewable or not (not determined yet)
Model B (24 seats)
Regional Model (25 seats)
5 permanent members with veto
8 non-permanent renewable (4-yr term)
11 non-permanent
5 permanent members with veto
10 permanent without veto according to
regions*
10 non-permanent
* Choice of regional member to be decided by states from those regions
Green Model (20 seats)
Panama Proposal (21 seats)
5 permanent members with veto
15 non-permanent renewable
5 permanent members with veto
6 non-permanent for 5-yr term renewable
according to regions*
10 non permanent
* 1 for Latin America & Caribbean, 1 for W. Europe & other, 2 for Africa, 2 for
Asia. If a state is renewed 4 times, it becomes permament without veto. In time,
the veto for the P-5 would be eliminated.