International Law and Organizations

1. International Law and Organizations The Promise of Liberal Institutionalism

2. Your task for this lecture… • Identify at least one piece of evidence to support the argument that international law doesn’t matter for explaining state behavior (e.g. evidence that the world is governed by realpolitik) • Identify at least one piece of evidence to support an argument that international law does in fact constrain or affect how states act.

3. The Purpose of Laws and Institutions • Think about the purpose of laws in our own country • A fundamental reason we consent to be governed by laws and institutions is to overcome collective action problems in order to achieve public goods. • Public goods: • Examples: public roads and transportation, public schools, food safety, national defense, preservation of natural resources….

4. Collective Action Problem • Individuals are unlikely to contribute resources (money, time, etc.) to the attainment of a common good (even if they really want that good to be attained) unless they know that everyone else will contribute as well. If you can’t be sure that others will contribute, it is doesn’t seem rational for you to contribute or try to solve the problem on your own. Being a free-rider can seem most rational. • How do our domestic legal institutions help overcome this free-rider problem? • -Example, we pay taxes to pay for the public goods because there are institutions that ensure (and enforce the law) that everyone pays taxes.

5. Now let’s think about how this applies to international laws and organizations…..

6. Global “Public Goods” • What are some of the things that states might want to work together to achieve? • Just a Few Examples: • Clean and healthy global environment/ sustainable ecosystems • Efficient systems for global commerce--Economic exchanges that increase economic prosperity • Safe airways for international travel • Eradication of diseases and epidemics that cross borders—improved global health • Peace—collective security

7. Liberal institutionalism argues that international law and international institutions can help states work together to achieve common goals (public goods).

8. Types of IGOs • Global, general purpose IGOs • UN • Regional IGOs • Organization of American States (OAS), African Union (AU), European Union (EU) • Functional IGOs • OPEC, International Whaling Commission

9. Purpose of the United Nations • Established after WWII to achieve the global public good of international peace and security • Collective security: An approach to security in which states agree to act collectively to repel aggression- The idea is that an attack on one is an attack on all • The UN now address a broad array of other issues beyond tradition security issues

10. Structure of the UN • Secretariat (Currently: Sec. General Ban Ki Moon) • Security Council • Perm 5 (United States, Russia, China, Great Britain, France) • 10 rotating members • General Assembly (192 member states) • Economic and Social Council • International Court of Justice (ICJ or World Court)

11. The Secretariat • Bureaucratic arm of the UN • 9,000 employees to carry out day-to-day activities • Secretary General: Ban Ki Moon • Can bring issues before the Security Council and utilize soft power to persuade and pressure states to resolve global issues

12. The Security Council • Has authority (Chapter VII of UN Charter) to use force to reduce threats to international security • 15 member countries • Permanent 5 (United States, Russia, United Kingdom, China, France) + 10 rotating members • Perm 5- have veto power—any one of the perm 5 can stop a resolution by veto • For a measure to pass the SC there must be 9 votes (including all of Perm-5 to be on board)

13. The General Assembly • 192 member states • Based on the principle of sovereign equality of states • Serves as a forum and issues non-binding resolutions

14. Economic and Social Council • 54 member countries, elected for 3 year terms • Coordinates and oversees UN’s major economic and social programs • Oversees work of important affiliated institutions • World Health Organization • World Bank

15. ICJ • 15 elected judges • Two primary functions: • Issue advisory opinions at request of the SC (example: Kosovo’s independence) • Decide contentious cases between states

16. An essential difference between domestic and international legal systems…. • The ICJ lacks compulsory jurisdiction • Important to note that in international law, jurisdiction is always by consent • States choose to participate in court proceedings and choose whether or not to abide by ruling

17. How is international law made? • Treaties • Multilateral “norm-making treaty” • Example: Nuclear non-proliferation treaty • Bilateral • http://www.state.gov/s/l/treaty/tif/index.htm • Binding on contracting parties • International Custom • Generally recognized principles by nations • Judicial decisions

18. How are laws adjudicated? • International Court of Justice (World Court) • http://www.icj-cij.org/court/index.php?p1=1 • International Criminal Court • http://www.icc-cpi.int/en_menus/icc/Pages/default.aspx • World Trade Organization • http://www.wto.org/

19. Consider these cases… • United States versus Iran (1979-1981) • Nicaragua verses the United States (1984-1991) • What do these cases say about the power of international law to influence state behavior?

20. How are laws enforced? • Some laws are “self-enforcing” • Reprisals • Enforcement Mechanisms available to the UN • Security Council Operations to Enforce Law and Order under Chapter VII of UN Charter • North Korea’s invasion of South Korea (1950) • Iraq’s invasion of Kuwait (1990) • Peacekeeping missions—16 current missions • http://www.un.org/en/peacekeeping/operations/current.shtml • A future for peacemaking missions? • http://www.un.org/wcm/content/site/undpa/main/issues/peacemaking

21. Growing Importance of IL and IGOS? • The number of cases brought to the ICJ is increasing. • There has been a proliferation in the number of IGOs around the globe. • Does this mean international law and organizations are becoming more important for explaining world politics?

22. Two key reasons why do states follow international law and norms? • Reciprocity principle: They want other states to follow the law too. “You scratch my back and I’ll scratch yours”. States often recognize that it is in their long-term interest to abide by rules and laws. Even if they have to take a short term ‘hit’, they reason that- in the long run- having those laws in place benefit them. States follow the rules so not to undermine laws that they feel benefit their long term interests. • Fear of reprisals: For example, neither side used chemical weapons in WWII was not because anyone could enforce the treaty banning such weapons. It was that the other side would probably use such weapons and the cost would be too high. Another example, states that don’t follow the rules can face economic sanctions. States don’t want to be excluded from the benefits of international trade and commerce.

23. Climate Change: A Global Challenge • This is an issue area where there is a clear need for international cooperation through international law and international organizations • Consider the “tragedy of the commons” • The challenges of international cooperation around climate changeare exemplified in the difficulties facing: The Kyoto Protocol

24. UN Failures • Somalia • Rwanda • Bosnia • Darfur • Syria

25. A critical issue to consider… • The democratic deficit: International institutions are biased in favor of powerful states and elites that are often not directly accountable often make decisions • When examining international institutions it is important to consider who is being represented? Whose voices are heard? Whose voices are silenced or marginalized? • There have been and continue to be efforts by the Global South to have their voices heard and interests represented in international institutions: • NIEO • An argument to consider: International institutions are certainly biased in favor of those with the hard power, but at the same time they may also open opportunities/forums for voices of less powerful and marginalized states to assert issues on to the international agenda.

26. Reform the UN? • Reform veto power of Security Council? • Expanding membership of the Security Council? • A standing army?

27. Lessons from U.S. invasion of Iraq? • U.S. flouting of the UN in 2003 in favor of unilateral decision making • “If the United Nations doesn’t have the will or courage to disarm Saddam Hussein and if Saddam Hussein does not disarm, the United States will lead a coalition to disarm [him]”—GWB

28. A question for discussion… • Consider the U.S. decision to flout the UN in its decision to invade Iraq in 2003 as well as the aftermath of this decision. What does this decision and its aftermath say to you about the strength of international law and international institutions? • Do you believe that international institutions and laws will be more important or less important in the future? Why or why not?

29. A concluding thought… • Perhaps we should not be asking is Realism the best paradigm or is Liberalism the best paradigm….. • Maybe a better question is: • Under what conditions is cooperation possible and under what conditions is it less likely?