Presentation on theme: "International Organization, Law, and Human Rights"— Presentation transcript:
1International Organization, Law, and Human Rights CHAPTER SEVENDr. Clayton ThynePS : World PoliticsSpring 2009Goldstein & Pevehouse, International Relations, 8/eStudent notes version
2Evolution of World Order The most powerful states, especially hegemons, have great influence on the rules and values that have become embedded over time in a body of international law.New international norms
3Roles of International Organizations Most international conflicts are not settled by military force.States generally refrain from...States work together by following rules they develop to govern their interactions.Institutions grow up around rules and states tend to work through these institutions.
4Roles of International Organizations International norms_________________and respect for _____________However, adherence to norms may vary; different expectations for “normal”In times of change, when these norms and habits may not suffice to solve international dilemmas and resolve conflict, ____________ play a key role.
5Roles of International Organizations International organizations (IOs)Include intergovernmental organizations (IGOs) such as the UN, and nongovernmental organizations (NGOs) such as the International Committee of the Red CrossGrowth of IOsGlobal nature of some IOsRegional IOsGlobal IGOsNGOs – more specialized in function than IGOs
7The United NationsState sovereignty creates a real need for such organizations on a practical level – why?State sovereignty also severely limits the power of…States often reserve power to themselves
8The UN System Founded after _____________ Purpose: Closest entity to a __________________Members are...
9Purposes of the UN UN Charter Based on the principles that…States have _______________ over their own affairs.States should have ______________ and territorial integrity.States should carry out their international obligations (pacta sunt servanda).Also lays out the structure of the UN and how it operatesCosts of membership are __________, benefits _____________
13Structure of the UN World Court / ICJ National delegations to the UN, headed by ambassadors from member states, work and meet together at the UN headquarters in NYC.Universality of membershipFive great powers each have a veto over substantive decisions of the Security Council.Mechanism for collective security
15History of the UN Founded in… Successor to the _________________ Tension with the U.S.Increases in membership in the 1950s and 1960sDue to…Impact on voting patternsRole during the Cold WarRole after the Cold WarCurrently follows the principle of “three pillars”
16Bush and the UNJOHN BOLTON (2/3/1994): The United States makes the UN work when it wants it to work, and that is exactly the way it should be, because the only question, the only question for the United States is what is in our national interest. And if you don't like that, I’m sorry, but that is the fact.
17The Security Council Responsible for… Decisions binding on all UN member statesHas tremendous power to define the existence and nature of a security threat, structure the response to that threat, and enforce its decisions through mandatory directives to UN members.
18The Security Council Five permanent members U.S., Britain, France, Russia, and ChinaSubstantive Security Council resolutions require ______ votes from among the _____ members, but a “no” vote from any permanent member defeats the resolution.
19The Security CouncilCouncil’s 10 nonpermanent members rotate onto the Council for 2-year terms.Elected (5 each year) by the General Assembly from a list prepared by informal regional caucusesChairperson rotates among the Council members monthlyMeets irregularlyPower limited in two major ways
20The Security Council Military Staff Committee Proposed changes to the Security CouncilJapan and GermanyLittle momentum for change (SQ bias)
22Peacekeeping Forces Not mentioned in the UN Charter Charter requires member states to place military forces at the disposal of the UN; anticipated to be used in response to aggression (under collective security)Troops borrowed from states, fight under the UN flag (called “blue helmets”)Neutral forces
23Peacekeeping Forces Peacekeeping missions Authority for these granted by the Security Council for a limited but renewable period of timeFunds must be voted on by the General AssemblyServe at the invitation of a host governmentObservers: unarmed military officers sent to watch and report back to the UNPeacekeepers: armed soldiers who…PeacemakingUN often focuses on state building, leaving others to make peaceWho contributes?
25The SecretariatThe secretary-general of the UN is the closest thing to a “president of the world” that exists.Secretariat is the executive branch of the UNSecretary-generalWorks to bring together the great-power consensusCurrently Ban ki-moonFormer secretary generals:
26The General Assembly_________ voting members meet every year, from late September to early January in plenary session.Convenes special sessions every few years on topics such as economic cooperationHas the power to…Main power lies in…Economic and Social CouncilHas 54 member states elected by the General Assembly for 3-year terms
27UN ProgramsUses more than a dozen major programs to advance economic development and social stability in poor states of the global South.Each program has a staff, headquarters, and various operations in the field where it works with host governments in member states.UNEP (UN Environment Program)UNICEF (UN Children’s fund)UNHCR (Office of the UN High Commissioner for Refugees)UNDP (UN Development Program)UN Conference on Trade and Development
28Autonomous AgenciesUN General Assembly maintains formal ties with about 20 autonomous international agencies not under its control.
29International LawDerives not from the actions of a legislative branch or other central authority, but from…Differs from domestic law…Difficulty of enforcement, which depends on…
30Sources of International Law Declarations of the UN General Assembly are not laws, and most do not bind members.Treaties and other written conventions signed by states are the most important source.____________ is the second major source of international law.____________ of law also serve as another source.____________ is a fourth source.
31Enforcement of International Law International law is much more difficult to enforce.Depends heavily on...States also follow international law because of…If a state breaks an international law, it may face…One great weakness:
32The World Court (aka ICJ) Rudiments of a general world legal framework found hereOnly ____________ can sue or be sued in the World Court.Is a panel of 15 judges elected to 9-year terms by a majority of both the Security Council and the General Assembly.Meets in…
33The World Court Great weakness Main use of the World Court now is to… Used infrequently (less than 100 judgements)
35International Cases in National Courts A party with a dispute that crosses national borders gains several advantages by pursuing the matter through the national courts of one of the relevant states.Benefits:U.S. is a favorite jurisdiction within which to bring cases for two reasons:Problems:Immigration law
36Law and Sovereignty: Laws of Diplomacy Bedrock of international law is…Diplomatic recognitionDiplomats have the right to…Diplomatic immunity
37Law and Sovereignty: Laws of Diplomacy Diplomatic pouchesInterests sectionFormal complaintsTerrorism
38Just–War DoctrineInternational law distinguishes just wars (wars that are legal) from wars of aggression (which are illegal).Today, legality of war is defined by the UN Charter, which outlaws aggression but allows “international police actions.”Most important principles for a “just” war:Just-war approach explicitly rules out war as an instrument to…
39Human Rights: Individuals vs. Sovereignty The idea of human rights flies in the face of...Consensus on the most important human rights also lacking.Rights are universal versus relativismAmnesty International:Publicity and pressure most often used
40Human Rights: Individuals vs. Sovereignty Concept of human rights comes from at least three sources
41Human Rights: Individuals vs. Sovereignty No globally agreed-upon definitions of the essential human rights exist.Often divided into two broad categories:civil-political “negative rights” –economic-social “positive rights” –
42Human-Rights Institutions Universal Declaration of Human RightsDoes not have the force of…Does set forth…Since its adoption, the UN has opened 7 treaties for state signature to further define protections of human rights.Two important treaties:Convention Against Torture (CAT), 1987
43Human-Rights Institutions Convention on Rights of the Child (CRC),1990Role of IOs in protecting human rightsToday, NGOs play a key role in efforts to win basic political rights in authoritarian countries
44War Crimes Large-scale abuses of human rights often occur during war. International law is especially difficult to enforce during war.
45War Crimes Crimes against humanity Lack of declaration of wars War powers act (1973)