1. Government 1740 Lecture 6: International Law and International Organizations: Focus on the UN INTERNATIONAL LAW Summer 2008

2. OUTLINE I. IO functions and activities II. The United Nations A. Origins of the U.N. B. Principles of the U.N. C. General Assembly D. Security Council III. Theories of International Organizations IV. UN Reform

3. Prelude: IOs as Subjects of International Law Can enter into treaties Have some rights vis-à-vis states Have a right to advisory opinions from the ICJ Have a right to be compensated for harm done to their staff in the line of duty Participate in law creation

4. I. Functions and Activities “Executive” Functions Security Council ’ s role in maintaining world peace ILO ’ s role in supervising world labor conditions UNESCO ’ s role in improving world education

5. Providing information OECD, Paris World Meteorological Organization Setting Standards International Civil Aviation Organization Monitoring Compliance UN Commission on Human Rights Promotional Activities

6. Operational Activities IMF UN and African Mission, Dafur WHO in-country support for immunizations in Tanzania

7. Mediation Activities Perform functions that one state would never permit another to do directly. IAEA Inspectors Iraq, 2000

8. “Deliberative” Functions U.N. General Assembly U.N. Conference on the Law of the Seas International Labor Conference World Health Assembly

9. “Judicial” Functions International Court of Justice, The Hague, Netherlands

10. WTO Panels International Tribunal for the Law of the Seas Inter- American Court for Human Rights NAFTA Dispute Settlement European Court of Justice FUNCTIONAL REGIONAL Other Judicial Institutions

11. II. The United Nations

12. League of Nations Legacy Victim of U.S. hesitation Failed to deter Hamstrung by need for unanimity Only two principal organs Didn ’ t deal as directly with economic, social, cultural, & humanitarian matters

13. Principles of the UN Sovereign equality Non-intervention in domestic matters Settle disputes by peaceful means Refrain from the threat or use of force (Art. 2.4) Members to assist the U.N. Members should fulfill Charter obligations

14. Membership Universal Open to all “ peace-loving states which accept the obligations contained in the present Charter, and in the judgment of the Organization are able and willing to carry out these obligations ” Admission voted on by General Assembly

15. Revocation/Withdrawal 1. The privileges of membership may be suspended during any enforcement action 2. Country can lose its GA vote for failure to pay dues 3. No provision for unilateral withdrawal as there was in the case of the L of N (Germany, Japan, and Italy withdrew). 4. No one has ever withdrawn from the UN.

18. Organs and Their Functions General Assembly Security Council International Court of Justice Economic and Social Council Trusteeship Council (Secretariat)

19. General Assembly Only principal organ of the U.N. consisting of all members Each member has one vote and is allowed five representatives Deliberative body: discussion, investigation, review, supervision, & criticism Voting on “ important issues ” requires 2/3 approval (Art. 18.2) Voting on other issues requires simple majority

20. General Assembly Functions Elects members to other U.N. organs Legislative functions Security Matters

21. General Assembly Resolutions Not legally binding decisions – just recommendations Reflection of world opinion Examples

22. The Security Council

23. Security Council Organization Body of 15 member states 5 permanent members with veto power 10 non-permanent members, geographical distribution Decisions binding

24. The Use of Force Conflict on the Korean Peninsula, 1950-1953 The Gulf War, 1990 Humanitarian interventions: – Bosnia – Somalia – Haiti – Rwanda Iraq War, 2002-present

25. III. Theories of International Organizations Realism – States are the main actors in international relations – “Important” organizations dominated by most powerful actors. – Others are unimportant – E.g.: the Security Council and the veto

26. Theories of International Organizations Rational Functionalism: – Institutional design: organizations are tailored to solve particular kinds of strategic problems. Membership rules Scope of issues covered Centralization of tasks – Organizations that are “rationally designed” are more durable than those that are not.

27. Theories of International Organizations Constructivist theories: IOs are cites of persuasion – (De)Legitimate appropriate behavior – Sites for teaching, persuasion, socialization IOs are active agents in the socially constructed international system. – Bureaucracies – Can have dysfunctional, unintended consequences

28. IV. Reforming the UN The Security Council General Assembly Human Rights Corruption Financing

29. Global average

30. Reforming the UN The Security Council General Assembly Human Rights Corruption Financing

31. Summary International Organizations are participants and sites for participating in the international legal system IOs functions roughly parallel executive, legislative, and judicial functions The UN grew out of dissatisfaction with the League UN bodies have distinctive forms that reflect the purposes of the institution and the power of state members. Rational theories emphasize the idea that “form follows functions” Constructivists emphasize IOs are socially constructed and used to legitimate, persuade, and socialize.