World Politics in a New Era Global Governance: International Law and Organizations

International Law Attempts to reduce inherent anarchy Evolved in tandem with the nation-state system Differs from domestic laws – Reflects the lack of a single authority or institution – No global legislative body to set laws – No universal judiciary

International Law Sources of international law – Customary practices Widespread and commonplace – Treaties Multilateral treaties enacted through UN conventions Bilateral treaties are agreements between two countries only – Recent trend is toward more multilateral treaty- making

International Law Violation and compliance – Inevitably violated – If runs counter to national interests – Adherence is much more common – Attempts by governments to justify their actions – Why states obey international law Framework for orderly conduct Fear of possible sanctions or reprisals Reciprocity

International Law Human rights – Guarantees of human rights are relatively new – Grounded in the doctrine of natural law Derived from a higher law – Evolution of international conventions on human rights – The doctrine of positive law hindered efforts No law in the absence of a sovereign Positivists deny the existence of international law

International Law The protection of human rights – After WWII, the UN codified principles – Recent focus on the rights of women – Tribunals for the former Yugoslavia and Rwanda – The International Criminal Court (ICC) Permanent court Individuals accused of egregious crimes against humanity U.S. refusal to join

International Law Can human rights conventions be enforced? – Sovereignty wins – Widespread abuses (Examples: torture, political imprisonment) – During the Cold War, human rights were entangled with East-West conflict – After the Cold War, principle versus practice

International Law Warfare and aggression – The conduct of war – Some international conventions cover the rights of belligerents and neutrals – Limit the means of warfare Examples: Hague Convention of 1899 and Geneva Protocol of 1925 – Attempts to protect human rights during warfare

International Law The verdict – Various theoretical perspectives Realism Liberalism Constructivism – Compliance depends on ability and willingness – Not a completely anarchic environment

International Organizations Try to make the world a less anarchic place Promote coordination, create norms, and provide information Intergovernmental organizations (IGOs) – Sovereign states – Common purpose – Formal agreement Nongovernmental organizations (NGOs) – Unite groups and individuals – Usually for action on specific issues

International Organizations International governmental organizations Do they matter? Realists – IGOs merely reflect and serve the interests of states – Particularly the most powerful states Liberals – Can and do exercise autonomy – Independent actors that have influence – Particularly in areas such as human rights

International Organizations The evolution of security IGOs – Council of Europe Resolve conflicts and provide collective security Did not always operate in an impartial manner – The League of Nations Difficult to organize Decision-making rules hampered ability to take action – The United Nations Maintain international peace and security Promote friendly and cooperative relations Arena for political grandstanding and competition

International Organizations: The United Nations General Assembly – All members have one seat, one vote – Primary forum for discussion of global issues – Evolution of General Assembly United States’ resolutions Developing countries – Budget disputes Inhibited the effectiveness of the GA U.S. arrears – Overloading agenda

International Organizations: The United Nations The Security Council – Organizes collective security operations – Dispatches peacekeeping missions – Imposes sanctions to punish aggressors – Five permanent members The rule of great-power unanimity – Variety of ways to maintain international peace Condemnation to sanctions to military action – Forum for negotiations and crisis management

International Organizations: The United Nations Secretariat and secretary-general – Secretary-general Serves a five-year term “Chief executive” of the UN Little power to act independently Role varies with personality and style – The Secretariat Large international civil service Handles administrative functions

International Organizations: The United Nations International Court of Justice (World Court) – Headquartered in the Hague – Principal judicial organ – Fifteen justices elected by the GA and Security Council – Decisions by majority vote – Justices are expected to act independently – Decisions are formally binding – No mechanisms for enforcement of its rulings

International Organizations: The United Nations Economic and Social Council – Coordinates specialized organizations – Humanitarian efforts (UNICEF, WHO, FAO) – Environmental issues and sustainable development (UNEP and UNDP) – Controversies International Atomic Energy Agency (IAEA) UN Education, Scientific, and Cultural Organization (UNESCO)

International Organizations: The United Nations UN peacekeeping missions – UN Blue Helmets – Dispatched at the invitation of parties – Primary mission: separate armed combatants Maintain a peace agreement – No standing army Troops from member states Since 1948, there have been sixty operations

International Organizations: The United Nations UN peacekeeping missions – Three types Observer missions Peacekeeping missions Peace enforcement missions – Changing times have often outpaced the UN’s ability Mixed success in post-Cold War Examples: former Yugoslavia and Somalia – Problems Lack of funding Mission creep Post conflict reconstruction and peace building

International Organizations: The United Nations UN effectiveness – Founders sought to downplay expectations – Purpose of veto power – Effectiveness hampered by national sovereignty – Political and economic sanctions have proven effective in some cases – Successes World forum for discussion of issues Humanitarian relief Facilitated collective security – Has not brought about world peace – Challenge for the future: adapt its structure and missions

International Organizations Economic IGOs – Focus on globalization and interdependence – The World Bank Eliminate poverty Primary source of funding for development projects Criticism: imbalance of influence among its members – The International Monetary Fund Regulate and liberalize the international monetary system Promote global trade and investment Criticisms: reform programs it demands (SAPs) and decision- making structure

International Organizations Economic IGOs – The World Trade Organization (WTO) Formerly GATT Focus on reducing trade barriers Provides a mechanism for trade disputes Criticisms: undemocratic and little representation of developing countries – The Bretton Woods institutions Survived and expanded their missions and memberships Adapting to the changing requirements of the international economic system

International Organizations Nongovernmental organizations (NGOs) – Operate across national boundaries – Independent of governments – Can be broadly or narrowly focused – With broad-based or restricted memberships – Tend to focus their efforts on specific purposes or projects

International Organizations Nongovernmental organizations (NGOs) – Derive their power from a variety of sources Moral authority The media The strength of their individual activists – Globalization has contributed to the growing power and number of NGOs – Limitations Many different NGOs focus on the same issues Coordination of policies and action difficult

International Organizations NGOs in action – Humanitarian activities Attempt to better the human condition Attack specific problems Examples: Amnesty International, Red Cross – Environmental NGOs Seek to improve environmental awareness Work to preserve the “global commons” Examples: Greenpeace, World Wide Fund – Economic and development issue-oriented NGOs Work to end poverty and economic injustice Example: Oxfam, International Chamber of Commerce

International Law and Organizations Can generate new controversies International institutions sometimes fail – Poorly designed – Shortage of resources Many have done much good – International law sets ethical standards – Inherently limited by sovereignty – Likely to become more important