1. International Law and International Organization GLOBALGOVERNANCE

2. Today 1.International law 2. International organization

3. General remarks: from cooperation to global governance Why states cooperate Why states cooperate to coexist to coexist to avoid greater evils to avoid greater evils to achieve the national interest to achieve the national interest How states cooperate How states cooperate diplomacy diplomacy international law and international organization international law and international organization Global governance Global governance norms norms rules rules predictability predictability

4. INTERNATIONAL LAW

5. Sources of international law Customary practices Customary practices Treaties Treaties Court decisions & legal scholarship Court decisions & legal scholarship General principles of law General principles of law The signing of the Peace of Westphalia

6. When is war legal? Jus ad bellum Legality vs. legitimacy Legality vs. legitimacy United Nations Security Council’s role United Nations Security Council’s role UN Charter, Ch. VII UN Charter, Ch. VIICh. VIICh. VII authorize war (or not) authorize war (or not) determine how to respond determine how to respond Legitimacy Political & moral justifications to operate outside the law (may be recognized by others) Legitimacy Political & moral justifications to operate outside the law (may be recognized by others) Legality Procedures & conditions specified in the law concerning the use of armed force by states Legality Procedures & conditions specified in the law concerning the use of armed force by states vs.vs.

7. What is legal during war? Jus in bello Four Geneva Conventions Four Geneva Conventions 1) 1864, 1907: wounded combatants & the sick 1864, 1907 1864, 1907 2) 1929: conditions of war prisoners & the shipwrecked 1929 3) 1949: rights of prisoners of war & the shipwrecked 1949 4) 1949: protection of civilians in war 1949 Tribunal: the International Criminal Court (ICC) Tribunal: the International Criminal Court (ICC)

8. In force July 1, 2002 In force July 1, 2002 Tries natural persons only Tries natural persons only Areas of responsibility Areas of responsibility crime of genocide crime of genocide crimes against humanity crimes against humanity war crimes (committed during war) war crimes (committed during war) crime of aggression* (starting a war) crime of aggression* (starting a war) Subsidiarity principle Subsidiarity principle 18 judges elected for 9 years by the Members of the ICC by 2/3 majority. Enforcing international law: the International Criminal Court (ICC) International Criminal Court International Criminal Court Cases

9. Enforcing international law: the International Court of Justice (ICJ) International Court of Justice International Court of Justice Main international tribunal Main international tribunaltribunal Tries states only Tries states only Members: same as UN* Members: same as UN* Compulsory jurisdiction Compulsory jurisdiction Reservations Reservations 15 judges elected for 9 years by simple majority by: - UN General Assembly - UN General Assembly - UN Security Council - UN Security Council In separate votes 15 judges elected for 9 years by simple majority by: - UN General Assembly - UN General Assembly - UN Security Council - UN Security Council In separate votes

10. The problem of enforcement Sovereignty remains the basic rule (Ch. I, art. 2(1) of UN Charter) Sovereignty remains the basic rule (Ch. I, art. 2(1) of UN Charter)Ch. I, art. 2(1)Ch. I, art. 2(1) Determining factors in compliance Determining factors in compliance goodwill of states goodwill of states national interest national interest state power state power public opinion (domestic & foreign) public opinion (domestic & foreign) other governments’ opinion other governments’ opinion

11. INTERNATIONAL ORGANIZATION

12. A definition “formal arrangement transcending national boundaries that provides for the establishment of institutional machinery to facilitate cooperation among members in security, economic, social or related fields”, Plano and Olton quoted in Sens and Stoett, Global Politics, p. 153.

13. Types Public vs. private Public vs. private Multipurpose, universal Multipurpose, universal Multipurpose, regional Multipurpose, regional Functional (specialized) Functional (specialized) Special case: supranational organization Special case: supranational organization Intergovernmental organization (IGO) Non-governmental organization (NGO)

14. Sustained & institutionalized cooperation Management of complex relations Management of complex relations Permanent contacts, channels for cooperation & negotiations Permanent contacts, channels for cooperation & negotiations  implementation of existing treaties  mediation  organization of summits Features - A moral person - Created by treaty* - Headquarters - Public service - State delegates - Regular sessions * If it is a public international organization (see previous slide). Features - A moral person - Created by treaty* - Headquarters - Public service - State delegates - Regular sessions * If it is a public international organization (see previous slide).

15. The United Nations (UN) Objective Objective Objective Two-tier membership Two-tier membership Mechanisms: mediation & collective security Mechanisms: mediation & collective security A multifunctional, universal international organization A multifunctional, universal international organizationmultifunctional, universalmultifunctional, universal

16. General Assembly 193 members 193 members 193 A forum for deliberation A forum for deliberationdeliberation States, large & small, rich & poor States, large & small, rich & poor The meaningfulness of GA resolutions The meaningfulness of GA resolutions Prime Minister Stephen Harper addressing the General Assembly

17. Security Council Current US ambassador to the UN Susan Rice Purpose Purpose Purpose 5 permanent members (P-5) 5 permanent members (P-5) 10 non-permanent members 10 non-permanent members Contested membership Contested membership

18. The Secretariat & the Secretary General SecretariatSecretary GeneralSecretariatSecretary General Daily running of the organization Daily running of the organization Headed by the Secretary General Headed by the Secretary General Appointed by the General Assembly on recommendation of the Security Council Appointed by the General Assembly on recommendation of the Security Council The Secretary-General’s status The Secretary-General’s status Ban Ki-moon In office 2007—

19. Problems General problems General problems number of employees & complex procedures number of employees & complex procedures money (salaries, perks, etc.) money (salaries, perks, etc.) lack of cooperation in Security Council lack of cooperation in Security Council Specific problems Specific problems Oil for Food Program (1990s) Oil for Food Program (1990s) Libya as chair of the Human Rights Commission (2003) Libya as chair of the Human Rights Commission (2003) sexual abuse & forced prostitution by UN Peacekeepers (1990s & early 2000s) sexual abuse & forced prostitution by UN Peacekeepers (1990s & early 2000s)

20. Conclusions States cooperate through multiple channels States cooperate through multiple channels They formalize cooperation in international law They formalize cooperation in international law They institutionalize cooperation in international organizations They institutionalize cooperation in international organizations But states retain their sovereignty to act in their interest But states retain their sovereignty to act in their interest NB: try not to be too cynical NB: try not to be too cynical

21. Appendix: Reform proposals for the UN Security Council Model A Model A (24 seats) 5 permanent members with veto 6 new permanent without veto* 13 non-permanent * * 1 for Europe, 1 for the Americas & Caribbean, 2 for Africa, 2 for Asia Model B Model B (24 seats) 5 permanent members with veto 8 non-permanent renewable (4-yr term) 11 non-permanent Green Model Green Model (20 seats) 5 permanent members with veto 15 non-permanent renewable Blue Model Blue Model (20 seats) 5 permanent members with veto 3 non-permanent for 3 or 4-yr term* 12 non-permanent* * * Renewable or not (not determined yet) Regional Model Regional Model (25 seats) 5 permanent members with veto 10 permanent without veto according to regions* 10 non-permanent * * Choice of regional member to be decided by states from those regions Panama Proposal Panama Proposal (21 seats) 5 permanent members with veto 6 non-permanent for 5-yr term renewable according to regions* 10 non permanent * * 1 for Latin America & Caribbean, 1 for W. Europe & other, 2 for Africa, 2 for Asia. If a state is renewed 4 times, it becomes permament without veto. In time, the veto for the P-5 would be eliminated.