1. The United Nations

2. 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

3. 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)
The UN was established to achieve the global public good of collective security. The idea was to build an institutions that could ensure the principle that an act of aggression against one state was an act of aggression against all states.
5 principle organs of the UN
The security council—primary responsibility to maintain international peace and security
Composed of 5 permanent members United States, China, Russia, Great Britain and France and 10 rotating members serving two year terms. For a measure to pass the SC need 9/15, including all 5 of Perm-5 to be on board. Great power unanimity principle: the logic underlying the UN Security Council veto: that to be effective, the SC needs all the great powers on board.
General assembly states—one state, one vote---based on the idea of sovereign equality---serves as a forum and issues non-bind resolutions
The Secretariat—bureaucratic-- arm of the UN---about 9000 employees who carry out day to day activities and provide admin. Support—headed by the sec. general who is authorized to bring issues before the security council
Economic and Social Council—coordinates and oversees the UN economic and social programs such as the WHO and IMF and World Bank
ICJ—the ICJ decisions are technically supposed to be enforced (through Chapter 14 of the UN Charter) by the security council….but the loophole is that there is a clause which says –if the security council deems it necessary---and here you have the problem of the veto. Between 1946 and 2008—the veto was used 263 times

4. 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

5. 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)
Very rare of security operations to be passed because of veto power of the perm 5.
Great power unanimity principle: the logic underlying the UN Security Council veto: that to be effective, the SC needs all the great powers on board.

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

7. 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

8. ICJ 15 elected judges Two primary functions:
Issue advisory opinions at request of the SC (example: Kosovo’s independence)
Decide contentious cases between states
Advisory opinions are not legally binding on anyone—Kosovo declared independence from Serbia---SC sought clarification on legality of this---ICJ said it was legal---provided normative and symbolic strength to the cause of Kosovo’s independence

9. 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

10. How is international law made?
Treaties
Multilateral “norm-making treaty”
Example: Nuclear non-proliferation treaty
Bilateral
Binding on contracting parties
International Custom
Generally recognized principles by nations
Judicial decisions
Treaties are the most formally codified form of international law---
Multi-lateral treaties such as the Nuclear non-proliferation treaty are meant to establish norm. When many states are signatories are members of a treaty it can put pressure on non-signatories.
The united states has not ratified Kyoto Protocol to reduce greenhouse emissions, so it is not legally bound by the treaty.
States are not forced into treaties---they join by consent---why would they do this?
Custom—behavior that has been established through practice and has come to be expected as how things should be done. Treating embassies as inviolable. Some laws evolve out of practice and later become codified into treaty
Judicial decisions---our domestic courts write decisions that clarify, modify, and
Is international law meaningless?
We have a law that it is illegal to make and sell meth---does this happen? Lots of laws are broken daily, hourly, by the minute—does this mean we have a weak legal system? Just because we see example of sovereignty being violated, does it mean that there is not some kind of working international legal system is meaningless?

11. How are laws adjudicated?
International Court of Justice (World Court)
International Criminal Court
cpi.int/en_menus/icc/Pages/default.aspx
World Trade Organization
ICJ- World Court-general purpose court—Located in the Hague and part of the UN system, any member that is a member of the UN is a party to the World Court. 15 judges, elected by GA and SC, serve 9 year terms.
Provides advice---which no one need heed—but offers opinion to clarify laws. Examples; Court ruled that Israel’s building of a wall in the Occupied Palestinian Territory was not legal. Also ruled that Kosovo’s declaration of independence from Serbia was legal.
Also the court decides contentious cases between states---decisions are considered legally binding---must be a recognized sovereign state to bring a contentious case to ICJ----but requires consent of the parties involved.
How does the court get jurisdiction over a case?
Special agreement—parties to a dispute agree to let the court decide (usually if outcome does not have to do with vital security interests and if the outcome is uncertain)
Treaties—some treaties include a clause that says the jurisdiction will be given to the court to resolve disputes relating to that treaty---Chemical Weapons Convention, Convention on Genocide, Convention on Climate Change
Optional clause---states can agree to compulsory jurisdiction –66 states have signed this option clause—but have put in loopholes.

12. UN Failures
Somalia
Rwanda
Bosnia
Darfur
Syria

13. 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 (such as through 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.
The New International Economic Order (NIEO) was a set of proposals put forward during the 1970s by some developing countries through the United Nations Conference on Trade and Development to promote their interests by improving their terms of trade, increasing development assistance, developed-country tariff reductions, and other means. It was meant to be a revision of the international economic system in favour of Third World countries, replacing the Bretton Woods system, which had benefited the leading states that had created it–especially the United States.

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

16. UN Enforcement Capabilities
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
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17. 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

18. 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?

19. 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?