International Law: Unit 3 International Organizations Mr. Morrison Fall 2005

Unit 3: International Organizations2 United Nations Principal organs General Assembly Security Council Secretariat Economic and Social Council International Court of Justice [Trusteeship Council]

Fall 2005 Unit 3: International Organizations3 UN: General Assembly Chapter IV; arts 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)

Fall 2005 Unit 3: International Organizations4 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

Fall 2005 Unit 3: International Organizations5 UN: Security Council Charter, chapters V-VII, arts (-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.

Fall 2005 Unit 3: International Organizations6 SC: Substantive Powers Chapter VI (arts ): Pacific Settlement of Disputes Chapter VII (arts ): 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)

Fall 2005 Unit 3: International Organizations7 SC: Additional powers Admission of members (art 4(2)) Selection of ICJ judges (ICJ Stat.) Selection of Secretary-General (art.97)

Fall 2005 Unit 3: International Organizations8 UN: Secretary-General Charter, arts “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

Fall 2005 Unit 3: International Organizations9 UN: Economic & Social Council Charter, Chapters IX-X, arts 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 (!)

Fall 2005 Unit 3: International Organizations10 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 ) Now obsolete

Fall 2005 Unit 3: International Organizations11 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

Fall 2005 Unit 3: International Organizations12 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)

Fall 2005 Unit 3: International Organizations13 UN: Types of operations Many international functions are “under the umbrella,” but not “in the house.” UNCLOS ICC

Fall 2005 Unit 3: International Organizations14 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

Fall 2005 Unit 3: International Organizations15 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”

Fall 2005 Unit 3: International Organizations16 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