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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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united nations
United Nations
  • Principal organs
    • General Assembly
    • Security Council
    • Secretariat
    • Economic and Social Council
    • International Court of Justice
    • [Trusteeship Council]

Unit 3: International Organizations

un general assembly chapter iv arts 9 22
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

additional authority of ga
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

un security council charter chapters v vii arts 23 51 52
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

sc substantive powers
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

sc additional powers
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

un secretary general charter arts 97 101
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

un economic social council charter chapters ix x arts 55 74
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

un other principal organs
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

un types of operations
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

un types of operations1
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

un types of operations2
UN: Types of operations
  • Many international functions are “under the umbrella,” but not “in the house.”
    • UNCLOS
    • ICC

Unit 3: International Organizations

other international organizations
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

non governmental organizations ngo s
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

slide16
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