English for Lawyers 4 Lecturer: Miljen Matijašević Session 5 e-mail: miljen.matijasevic@gmail.com Session 5
International Organisations Unit 22
International Organisations What international organisations do you know? What do you know about their work? Exercise I, p. 219
International Organisations What do you know about the procedure of establishing an international organisation? What is the legal basis for an IO? What are the benefits and drawbacks for member states?
International Organisations Founded by international agreements: charters, statutes, conventions Work to achieve common goals Usually have a deliberative body (council, assembly) that adopts (binding) rules Secretariat with administrative powers Problem of enforcement
The United Nations
The United Nations international organisation facilitating co- operation in international law, prevention of war, promoting human rights, economic and social development, social progress and world peace founded on 24 October 1945 with the ratification of the Charter of the United Nations, signed at the UN Conference in Internation Organization in San Francisco (June 1945)
The United Nations - origins The League of Nations founded immediately after WW1 headquarters: Geneva, Switzerland main aim – to prevent another world war in addition: promoted social and economic progress, global health, suppression of drug and human trafficking
The United Nations - origins The League of Nations had no military forces, used arbitration and negotiation instead at its peak had 58 member countries (the USA never a member) disintegrated as WW2 started
The United Nations 193 member states (nearly all sovereign nations of the world) headquarters: New York City, NY, USA offices also in Geneva, Vienna, Nairobi
The Aims of the United Nations to keep peace throughout the world to develop friendly relations between nations to work together to help people live better lives, to eliminate poverty, disease and illiteracy in the world, to stop environmental destruction and to encourage respect for each other's rights and freedoms to be a centre for helping nations achieve these aims 2000 United Nations Publications
The Principles of the United Nations all Member States have sovereign equality all Member States must obey the Charter countries must try to settle their differences by peaceful means countries must avoid using force or threatening to use force the UN may not interfere in the domestic affairs of any country countries should try to assist the United Nations 2000 United Nations Publications
The United Nations six official languages: English French Arabic Chinese Russian Spanish
The United Nations consists of six principal organs: General Assembly Security Council Economic and Social Council Secretariat International Court of Justice (in The Hague) Trusteeship Council (inactive) also: specialised institutions
The United Nations specialised agencies: World Health Organisation (WHO) Food and Agriculture Organisation (FAO) World Bank United Nations Educational, Scientific and Cultural Organization (UNESCO) International Monetary Fund (IMF) UN’s Children Fund (UNICEF) etc.
The General Assembly
The General Assembly main deliberative, policymaking and representative body of the UN a forum of multilateral discussion under the Charter meets in yearly sessions (Sep-Dec) one state – one vote resolutions of the UN not binding on the members, except budgetary matters
The General Assembly GA President elected for a one-year term of office GA also elects non-permanent members of the Security Council Has an important role in the codification of international law
The Security Council
The Security Council body in charge of maintaining world peace and security five permanent members: China, France, Russia, the UK and the USA (veto power) ten non-permanent members (voted for two- year terms) power to issue binding decisions that Member States have agreed to abide by in the Charter
The Security Council current non-permanent members: Bolivia, Côte d’Ivoire, Equatorial Guinea, Ethiopia, Kazakhstan, Kuwait, Netherlands, Peru, Poland and Sweden Non-member states may participate in disussions if the Council estimates that they are affected by the issue at hand, but they do not get a voting right
Economic and Social Council (ECOSOC) promotes intrenational economic and social co-operation and development has 54 members voted by the General Council for a three-year term meets once a year co-ordinates special bodies meets with representatives of IMF and WB
The Secretariat carries out day-to-day work of the organisation provides services for UN bodies carries out studies, gathers information implements programmes and policies (e.g. peacekeeping operations) helps resolve international disputes organises conferences translates documents acts as a PR for the UN
The Secretariat headed by Secretary-General currently: António Guterres chief officer of the UN can draw the attention of the Security Council to “any matter which in his opinion may threaten the maintenance of international peace and security”, under the UN Charter
International Court of Justice (ICJ)
International Court of Justice (ICJ) primary judicial organ of the United Nations established in 1945 by the UN Charter situated in The Hague, Netherlands
International Court of Justice (ICJ) jurisdiction over treaties and conventions in force decides on contentious issues as submitted by states also issues advisory opinions to UN bodies and agencies
International Court of Justice (ICJ) composed of 15 judges – 5 from Western countries, 3 from African countries, 2 for Eastern European states, 3 for Asian states, 2 for Latin America and the Carribean 5 judges are from UN Security Council permanent member states ad hoc judges may be appointed for particular cases (usually from the applicant and/or respondent states)
International Court of Justice (ICJ) applicant state files an application respondent state may or may not agree to take part if both agree, the Court deliberates and reaches a decision decision binding and final (no appeal) enforcement measures for non-compliance within the competence of the Security Council (usually not used)
The United Nations not a homogenous body usually slow decision-making process, particularly in the area of peacekeeping and international relations long time to achieve consensus both global and national interests considered treaties often abided by owing to pressure from the media and the public
Language work
Complete with prepositions by – in – on – to - under Parties ___ a treaty are the States of the International Organisations which have consented to be bound ___ the treaty and for which the treaty is ___ force. By becoming a signatory ___ the convention with 172 other countries, Russia is taking an important step to facilitate environmental legislation. ___ the Convention on the Rights of the Child, persons under the age of 18 are entitled ___ special protection. International laws apply ___ the citizens of all signatory nations. The Council of Ministers of the East African Community is a policy organ whose decisions, directives and regulations are binding ___ Partner States.
Complete with prepositions by – in – on – to - under Parties TO a treaty are the States of the International Organisations which have consented to be bound BY the treaty and for which the treaty is IN force. By becoming a signatory TO the convention with 172 other countries, Russia is taking an important step to facilitate environmental legislation. UNDER the Convention on the Rights of the Child, persons under the age of 18 are entitled TO special protection. International laws apply TO the citizens of all signatory nations. The Council of Ministers of the East African Community is a policy organ whose decisions, directives and regulations are binding ON Partner States.
Thank you for your attention!