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International Law and International Organization

International Law and International Organization

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International Law and International Organization

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  1. International Law and International Organization GLOBAL GOVERNANCE

  2. Today • International law • International organization

  3. General remarks: from cooperation to global governance • Why states cooperate • to coexist • to avoid greater evils • to achieve the national interest • How states cooperate • diplomacy • international law and international organization • Global governance • norms • rules • predictability

  4. INTERNATIONAL LAW

  5. Sources of international law The signing of the Peace of Westphalia Customary practices Treaties Court decisions & legal scholarship General principles of law

  6. When is war legal?Jus ad bellum Legality Procedures & conditions specified in the law concerning the use of armed force by states Legitimacy Political & moral justifications to operate outside the law (may be recognized by others) vs. • Legality vs. legitimacy • United Nations Security Council’s role • UN Charter, Ch. VII • authorize war (or not) • determine how to respond

  7. What is legal during war? Jus in bello • Four Geneva Conventions • 1864, 1907: wounded combatants & the sick • 1929: conditions of war prisoners & the shipwrecked • 1949: rights of prisoners of war & the shipwrecked • 1949: protection of civilians in war • Tribunal: the International Criminal Court (ICC)

  8. Enforcing international law: theInternational Criminal Court (ICC) Cases 18 judges elected for 9 years by the Members of the ICC by 2/3 majority. • In force July 1, 2002 • Tries natural persons only • Areas of responsibility • crime of genocide • crimes against humanity • war crimes (committed during war) • crime of aggression* (starting a war) • Subsidiarity principle

  9. Enforcing international law: the International Court of Justice (ICJ) 15 judges elected for 9 years by simple majority by: - UN General Assembly - UN Security Council In separate votes Main international tribunal Tries states only Members: same as UN* Compulsory jurisdiction Reservations

  10. The problem of enforcement • Sovereignty remains the basic rule (Ch. I, art. 2(1) of UN Charter) • Determining factors in compliance • goodwill of states • national interest • state power • public opinion (domestic & foreign) • other governments’ opinion

  11. INTERNATIONAL ORGANIZATION

  12. A definition “formal arrangement transcending national boundaries that provides for the establishment of institutional machinery to facilitate cooperation among members in security, economic, social or related fields”, Plano and Olton quoted in Sens and Stoett, Global Politics, p. 153.

  13. Types Non-governmental organization (NGO) Intergovernmental organization (IGO) Public vs. private Multipurpose, universal Multipurpose, regional Functional (specialized) Special case:supranational organization

  14. Sustained & institutionalized cooperation Features - A moral person - Created by treaty* - Headquarters - Public service - State delegates - Regular sessions * If it is a public international organization (see previous slide). • Management of complex relations • Permanent contacts, channels for cooperation & negotiations • implementation of existing treaties • mediation • organization of summits

  15. The United Nations (UN) Objective Two-tier membership Mechanisms: mediation & collective security A multifunctional, universal international organization

  16. General Assembly 193 members A forum for deliberation States, large & small, rich & poor The meaningfulness of GA resolutions Prime Minister Stephen Harper addressing the General Assembly

  17. Security Council Purpose 5 permanent members (P-5) 10 non-permanent members Contested membership Current US ambassador to the UN Susan Rice

  18. Ban Ki-moon In office 2007— The Secretariat &the Secretary General Daily running of the organization Headed by the Secretary General Appointed by the General Assembly on recommendation of the Security Council The Secretary-General’s status

  19. Problems • General problems • number of employees & complex procedures • money (salaries, perks, etc.) • lack of cooperation in Security Council • Specific problems • Oil for Food Program (1990s) • Libya as chair of the Human Rights Commission (2003) • sexual abuse & forced prostitution by UN Peacekeepers (1990s & early 2000s)

  20. Conclusions States cooperate through multiple channels They formalize cooperation in international law They institutionalize cooperation in international organizations But states retain their sovereignty to act in their interest NB: try not to be too cynical

  21. Appendix: Reform proposals for the UN Security Council Model A(24 seats) 5 permanent members with veto 6 new permanent without veto* 13 non-permanent *1 for Europe, 1 for the Americas & Caribbean, 2 for Africa, 2 for Asia Blue Model (20 seats) 5 permanent members with veto 3 non-permanent for 3 or 4-yr term* 12 non-permanent* * Renewable or not (not determined yet) Regional Model(25 seats) 5 permanent members with veto 10 permanent without veto according to regions* 10 non-permanent * Choice of regional member to be decided by states from those regions Model B(24 seats) 5 permanent members with veto 8 non-permanent renewable (4-yr term) 11 non-permanent Green Model(20 seats) 5 permanent members with veto 15 non-permanent renewable Panama Proposal(21 seats) 5 permanent members with veto 6 non-permanent for 5-yr term renewable according to regions* 10 non permanent * 1 for Latin America & Caribbean, 1 for W. Europe & other, 2 for Africa, 2 for Asia. If a state is renewed 4 times, it becomes permament without veto. In time, the veto for the P-5 would be eliminated.