International Law: Unit 3 International Organizations

International Law: Unit 3International Organizations

Mr. MorrisonFall 2005

Fall 2005 Unit 3: International Organizations

2

United Nations

Principal organs General Assembly Security Council Secretariat Economic and Social Council International Court of Justice [Trusteeship Council]


3

UN: General AssemblyChapter 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)


4

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


5

UN: Security CouncilCharter, 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

Abstention doesn’t create a veto Procedural questions require 9 votes

“Double veto”: Whether question is procedural is a substantive question.


6

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)


7

SC: Additional powers

Admission of members (art 4(2)) Selection of ICJ judges (ICJ Stat.) Selection of Secretary-General

(art.97)


8

UN: Secretary-GeneralCharter, 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 Break with tradition of League of Nations


9

UN: Economic & Social CouncilCharter, 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

ECE important in environmental issues (!)


10

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) Now obsolete


11

UN: Types of operations

Departments E.g., Legal affairs, management, etc.

Programs Established by GA or ECOSOC and

reporting to them Security Council operations

Reporting to SC


12


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 Even more independent (e.g., WTO, IAEA)


13


Many international functions are “under the umbrella,” but not “in the house.” UNCLOS ICC


14

Other international organizations Many global, regional international

organizations General principle: No powers beyond

those expressly delegated Typical organization

Assembly of Members (meets every 2-3 years)

Council Secretariat Expert commissions


15

Non-governmental organizations (NGO’s)

Had no role in traditional international law

Have a variety of aims and purposes Public good Private profit Personal advantage May or may not be “representative”


16

NGOs

Influences of NGOs “Lobbying” on issues

At international conferences, meetings At national government level

Expertise, clearinghouse Direct communication between

interested parties in different States

International Law: Unit 3 International Organizations

Documents

Transcript of International Law: Unit 3 International Organizations