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International Law: Unit 4 International Organizations

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International Law: Unit 4. International Organizations. Mr. Morrison. Fall 2006 ... Direct authority over budget (art. 17), elections to Security Council, etc. ... – PowerPoint PPT presentation

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Title: International Law: Unit 4 International Organizations


1
International Law Unit 4International
Organizations
  • Mr. Morrison
  • Fall 2006

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 verbsconsider, 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 doesnt create a veto
  • Procedural questions require 9 votes
  • Double veto Whether question is procedural is
    a substantive question.

6
Security Council 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
Security Council 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
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)

13
UN Types of operations
  • 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 (NGOs)
  • Had no role in traditional international law
  • Have an increasing role in modern international
    practice
  • Is this a good thing?

16
NGOs
  • Have a variety of aims and purposes
  • Public good
  • Private profit
  • Personal advantage
  • May or may not be representative

17
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
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