Government 1740Government 1740

Lecture 6: International Law and

International Organizations: Focus on the UN

INTERNATIONAL LAWINTERNATIONAL LAW Summer 2006

OUTLINEOUTLINEI. IO functions and activitiesII. The United Nations A. Origins of the U.N. B. Principles of the U.N. C. General Assembly D. Security CouncilIII. Theories of International OrganizationsIV. UN Reform

Prelude: IOs as Subjects Prelude: IOs as Subjects of International Lawof International Law

Can enter into treatiesHave some rights vis-à-vis statesHave a right to advisory opinions from

the ICJHave a right to be compensated for

harm done to their staff in the line of duty

Participate in law creation

I. Functions and I. Functions and ActivitiesActivities

“Executive” Functions“Executive” FunctionsSecurity Council’s role in

maintaining world peace

•ILO’s role in supervising world labor conditions

•UNESCO’s role in improving world education

““Deliberative” Deliberative” FunctionsFunctions

U.N. General AssemblyU.N. Conference on the Law of the

SeasInternational Labor ConferenceWorld Health Assembly

““Judicial” Judicial” FunctionsFunctions

International Court of Justice,

The Hague, Netherlands

WTO Panels

International Tribunal for the Law of the Seas

Inter-American Court for Human Rights

NAFTA Dispute Settlement European

Court of Justice

FUNCTIONAL REGIONAL

Other Judicial Institutions

Providing information OECD, Paris

World Meteorological Organization

Setting StandardsInternational Civil Aviation Organization

Monitoring Compliance

UN Commission on Human Rights

Promotional ActivitiesPromotional Activities

Operational ActivitiesOperational ActivitiesIMF

UN Peacekeepers, Sierra Leone

Mediation ActivitiesMediation Activities

Perform functions that one state would never permit another to do directly.

IAEA InspectorsIraq, 2000

II. The United NationsII. The United Nations

League of Nations LegacyLeague of Nations Legacy Victim of U.S. hesitation Failed to deter Hamstrung by need for unanimity Only two principal organs Didn’t deal as directly with economic, social, cultural, & humanitarian matters

Principles of the UNPrinciples of the UN Sovereign equality

Non-intervention in domestic matters

Settle disputes by peaceful means

Refrain from the threat or use of force (Art. 2.4)

Members to assist the U.N.

Members should fulfill Charter obligations

MembershipMembershipUniversal

Open to all “peace-loving states which accept the obligations contained in the present Charter, and in the judgment of the Organization are able and willing to carry out these obligations”

Admission voted on by General Assembly

Revocation/WithdrawalRevocation/Withdrawal

1. The privileges of membership may be suspended during any enforcement action

2. Country can lose its GA vote for failure to pay dues

3. No provision for unilateral withdrawal as there was in the case of the L of N (Germany, Japan, and Italy withdrew).

4. No one has ever withdrawn from the UN.

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Organs and Their Organs and Their FunctionsFunctions

General AssemblySecurity Council

International Court of JusticeEconomic and Social Council

Trusteeship Council(Secretariat)

General AssemblyGeneral Assembly

Only principal organ of the U.N. consisting of all members

Each member has one vote and is allowed five representatives

Deliberative body: discussion, investigation, review, supervision, & criticism

Voting on “important issues” requires 2/3 approval (Art. 18.2)

Voting on other issues requires simple majority

General Assembly General Assembly FunctionsFunctions

Elects members to other U.N. organs

Legislative functions

Security Matters

General Assembly General Assembly ResolutionsResolutions

Not legally binding decisions – just recommendations

Reflection of world opinionExamples

The Security CouncilThe Security Council

Security Council Security Council OrganizationOrganization

Body of 15 member states5 permanent members with veto

power10 non-permanent members,

geographical distributionDecisions binding

The Use of The Use of ForceForce

Conflict on the Korean Peninsula, 1950-1953

The Gulf War, 1990

Humanitarian interventions:– Bosnia– Somalia– Haiti– Rwanda

Iraq War, 2002-present

III. Theories of III. Theories of International International OrganizationsOrganizations

Realism– “Important” organizations dominated by

most powerful actors.– Others are unimportant– E.g.: the Security Council and the veto

Theories of Theories of International International OrganizationsOrganizations

Rational Functionalism: – Institutional design: organizations are tailored

to solve particular kinds of strategic problems. Membership rules Scope of issues covered Centralization of tasks

– Organizations that are “rationally designed” are more durable than those that are not.

Theories of Theories of International International OrganizationsOrganizationsConstructivist theories:

IOs are cites of persuasion – (De)Legitimate appropriate behavior– Sites for teaching, persuasion, socialization

IOs are active agents in the socially constructed international system.– Bureaucracies– Can have dysfunctional, unintended

consequences

IV. Reforming the UNIV. Reforming the UN

The Security Council

General Assembly

Human Rights

Corruption

Financing

Weighted voting (democracy*log of population)

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0.006

0.008

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0.012

0.014

0.016

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Global average

Reforming the UNReforming the UN

The Security Council

General Assembly

Human Rights

Corruption

Financing

SummarySummary International Organizations are participants and sites for

participating in the international legal system IOs functions roughly parallel executive, legislative,

and judicial functions The UN grew out of dissatisfaction with the League UN bodies have distinctive forms that reflect the

purposes of the institution and the power of state members.

Rational theories emphasize the idea that “form follows functions;

Constructivists emphasize IOs are socially constructed and used to legitimate, persuade, and socialize.