Title: International Law: Unit 4 International Organizations
1International Law Unit 4International
Organizations
2United Nations
- Principal organs
- General Assembly
- Security Council
- Secretariat
- Economic and Social Council
- International Court of Justice
- Trusteeship Council
3UN 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)
4Additional 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
5UN 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.
6Security 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)
7Security Council Additional powers
- Admission of members (art 4(2))
- Selection of ICJ judges (ICJ Stat.)
- Selection of Secretary-General (art.97)
8UN 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
9UN 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 (!)
10UN 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
11UN 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
12UN 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)
13UN Types of operations
- Many international functions are under the
umbrella, but not in the house. - UNCLOS
- ICC
14Other 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
15Non-governmental organizations (NGOs)
- Had no role in traditional international law
- Have an increasing role in modern international
practice - Is this a good thing?
16NGOs
- Have a variety of aims and purposes
- Public good
- Private profit
- Personal advantage
- May or may not be representative
17NGOs
- Influences of NGOs
- Lobbying on issues
- At international conferences, meetings
- At national government level
- Expertise, clearinghouse
- Direct communication between interested parties
in different States