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International Law: Unit 3 International Organizations

International Law: Unit 3 International Organizations. Mr. Morrison Fall 2005. United Nations. Principal organs General Assembly Security Council Secretariat Economic and Social Council International Court of Justice [Trusteeship Council]. UN: General Assembly Chapter IV; arts. 9-22.

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International Law: Unit 3 International Organizations

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  1. International Law: Unit 3International Organizations Mr. Morrison Fall 2005

  2. United Nations • Principal organs • General Assembly • Security Council • Secretariat • Economic and Social Council • International Court of Justice • [Trusteeship Council] Unit 3: International Organizations

  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) Unit 3: International Organizations

  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 Unit 3: International Organizations

  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. Unit 3: International Organizations

  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) Unit 3: International Organizations

  7. SC: Additional powers • Admission of members (art 4(2)) • Selection of ICJ judges (ICJ Stat.) • Selection of Secretary-General (art.97) Unit 3: International Organizations

  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 Unit 3: International Organizations

  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 (!) Unit 3: International Organizations

  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 Unit 3: International Organizations

  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 Unit 3: International Organizations

  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) Unit 3: International Organizations

  13. UN: Types of operations • Many international functions are “under the umbrella,” but not “in the house.” • UNCLOS • ICC Unit 3: International Organizations

  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 Unit 3: International Organizations

  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” Unit 3: International Organizations

  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 Unit 3: International Organizations

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