1. Chapter 7
Intergovernmental Organizations (IGOs), Nongovernmental Organizations (NGOs), and International Law

2. Theoretical Perspectives
Liberalism and Constructivism: IGOs, NGOs, and International law matter in international politics
Liberals: do not replace states as primary actors; provide alternative venues for states to engage in collective action, for individuals to join with others in pursuit of common goals
Constructivism: changing norms and institutions shape issues
Realism: skeptical of IGOs, NGOs, and international law
Anarchy in international system; states are forced to act in own self-interest, rely on self-help mechanisms
IGOs are controlled by states; states prefer weak organizations
States grant NGOs legal authority, and can take away that authority; not really independent actors
States comply with international law when it’s in their self-interest to comply
Skeptical of long-term gains to be achieved; doubt collective action is possible; states will not rely on collectivity to protect national interests
Radicalism: also skeptical
IGOs, NGOs, int’l law serve interests of dominant states

3. IGOs: Various Theories
Why do states organize collectively?
Federalism
War caused by states exercising sovereignty; military competition among sovereign states
Peace attainable if states give up sovereignty, invest it in federal body
Functionalism
War caused by economic deprivation and disparity
Build and expand habits of cooperation
Habit of cooperation will spill over into cooperation in political and military affairs
Collective Goods
Tragedy of the commons = individual rational attempts to maximize private gain leads to collective suffering and eventually individual suffering
Collective goods – market mechanisms break down; alternative forms of management necessary
Solutions: coercion; restructure preferences through rewards and punishments; alter size of group

4. Roles of IGOs (Table 7.1, 168) International system
Contribute to habits of cooperation
Engage in information-gathering, surveillance
Aid in dispute settlement
Conduct activities
Arena for bargaining
Lead to creation of international regimes (rules, norms, and procedures developed by states and international organizations out of common concerns used to organize common activities)
States
Instrument of foreign policy
Legitimize foreign policy
Enhance information
Punish states; constrain state behavior
Individuals
Socialize them in international norms
Educate individuals about national similarities, differences

5. United Nations (UN): Principles
Sovereign equality among member states; legal equality; one vote per state in General Assembly
Yet, veto power among five permanent members of Security Council (China, France, Russia, UK, US)
Weighted voting in budget negotiations in WB and IMF
Only international problems within jurisdiction of UN
Charter does not authorize intervention in domestic jurisdiction of any state
Distinction has weakened over time (due to globalization and increasing interdependence, issues (e.g., human rights, civil wars) increasingly viewed as international issues)
Primary aim to maintain international peace and security
States should refrain from threat or use of force, settle disputes peacefully, support enforcement
Notions of security have moved beyond traditional realist view (protection of national security) to include human security, which runs up against state sovereignty

6. United Nations (UN): Structure
Security Council – responsible for ensuring peace and security and deciding enforcement measures
Handicapped by Cold War and use of veto by US and USSR
More active post-cold war; increasing power relative to Assembly
General Assembly – debates any topic within charter’s purview; admits states; elects members to special bodies
Bulk of work done in 6 committees
Secretariat (headed by Secretary General) – gathers information; coordinates and conducts activities (chief administrative officer; spokesperson)
Power largely dependent on occupant (influential, activist Kofi Annan; less so Ban-Ki-Moon)
Economic and Social Council (ECOSOC) – coordinates economic and social welfare programs, actions of specialized agencies (WHO, UNESCO)
Trusteeship Council – oversaw decolonization processes

7. United Nations (UN): Key Issues
North-South conflict
Peacekeeping
Traditional peacekeeping = primary mode during Cold War; contain interstate conflict through third-party military force; prevent escalation; separate warring parties; troops invited in by disputants; establish buffer zone (Table 7.4, 176)
Complex peacekeeping = more recent development, post-Cold War; response to interstate and intrastate conflicts (civil wars, ethnonationalist conflicts) in states that have not requested UN assistance; broad range of military and non-military functions (nation-building) (Table 7.5, 177); successes (Namibia) and failures (Rwanda)
Enforcement and Chapter VII (US invasion/occupation of Iraq (2003) without UN approval)
Reform issues: amending the charter (requires 2/3 of members and 5 permanent member of SC); security council reform (highly controversial)

8. European Union (EU) Premier regional IGO (Tables 7.7, 7.8, 184-5)
EU = union of 27 European states designed originally in the 1950s for economic integration; has since expanded into a closer political and economic unit
500 million people
EU passport
13.4 trillion dollar economy
Many (13) using common currency (euro)
Ongoing tension within between support for economic and political cooperation and concern for diminution of national sovereignty
Principle institutions include European Commission, Council of Ministers, European Parliament, European Council, Economic and Social Committee, and European Court of Justice
Has moved progressively into more policy areas; conflicts have emerged over foreign policy issues and expansion

9. NGOs
Nongovernmental organizations = private associations of individuals or groups that engage in political, economic, or social activities usually across national borders
Diverse in organization/scope (local, national, transnational); support base (private, part government-sponsored); membership (mass, closed)
Increasing influence and numbers
Issues seen as increasingly global (require transnational and intergovernmental cooperation)
Global conferences (global networks)
Ending of Cold War (political openings)
Communications revolution
Various functions/roles
Advocates for policies
Channels for participation
Mobilize mass publics
Distribute critical assistance (in some instances, taking on roles of states)
Monitoring function (e.g., human rights)

10. NGOs
Rely on soft power: credible information, expertise, moral authority
NGOs have resources, flexibility, independent donor bases, links with grassroots groups
Usually politically independent
Can participate at all levels
Can influence state behavior
Versatile
Limits of NGOs
Lack traditional forms of power
Do not have military or police forces
Cannot command obedience
Many have limited economic resources

11. International Law
International law = body of both rules and norms regulating interactions among states, between states and IGOs, and among IGOs, states, and individuals
Purposes: set body of expectations, provide order, protect status quo, legitimate use of force by government to maintain order; mechanism for settling disputes, protecting states from each other; ethical and moral functions, aims to be fair and equitable and delineate what is socially and culturally desirable; norms demand obedience and compel behavior
State level: established structures for making law and enforcing law; widespread compliance; punishment
International system: no authoritative structures (no international executive, legislature, judiciary with compulsory jurisdiction)

12. International Law Variety of sources (Figure 7.1, 196) Custom
Treaties (dominant source)
Explicitly written agreements among states; legally binding)
Authoritative bodies
UN International Law Commission
Courts
International Court of Justice
Relatively weak (hears few cases, noncompulsory jurisdiction; few major cases; states initiate proceedings)
National and local courts (universal jurisdiction)

13. International Law
New trend – expansion of international judiciary, motivated by idea of individual responsibility for war crimes and crimes against humanity
Ad hoc tribunals (International Criminal Tribunals for Former Yugoslavia, Rwanda)
International Criminal Court (ICC) (under UN auspices)
Compulsory jurisdiction and jurisdiction over individuals (genocide, crimes against humanity, war crimes, and crimes of aggression)
Seen as essential for establishing international law and enforcing individual accountability
Others critical (US, China, India, Turkey)
US has refused to sign treaty; might make military personnel or president subject to ICC jurisdiction
US claims “exceptional” international responsibilities as hegemon should make its military and leaders immune from prosecution; infringes on US sovereignty

14. International Law
With weak authoritative structures at international level (ICJ, ICC), why do most states obey international law most of the time?
Liberal view: it is the right thing to do; states want to do what is right and moral; international law reflects what is right
States benefit from doing what is right and moral; benefit from ordered world where there are expectations about other states’ behavior
States want to be viewed positively, respected by world opinion; fear being labeled pariahs and losing face and prestige in international system
If states choose not to follow international law, other members have recourse
Diplomatic protests
Reprisals
Economic boycotts, embargoes
Military force
Realists emphasis self-help mechanisms; Liberals collective action and collective security