International Law: Unit 3 International Organizations

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International Law Unit 3International
Organizations

• Mr. Morrison
• Fall 2005

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United Nations

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

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UN General AssemblyChapter IV arts. 9-22

• Each Member has one vote
• Powers mostly to recommend
• Note the weak verbsconsider, 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

• 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 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 doesnt create a veto
• Procedural questions require 9 votes
• 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-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

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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 (!)

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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)
• Now obsolete

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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

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

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UN Types of operations

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

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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

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Non-governmental organizations (NGOs)

• 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

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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