1. International Organization law
I.B.D.
International Organization law
Prof. Marco Scarpati
University of Parma
A.Y

2. Marco Scarpati Degree in law in Parma University
Professor of International Law in Parma University
Prof. In International Human Rights Protection (spec. In Child protection)
Barrister
President of ECPAT Italia

3. Text book

4. for who will attend the lessons
From page 3 to page 305

5. Our course Introduction on International law
Basic rules of International Organization law
Working groups on International economic law – millenium development goals – War - Terrorism - disasters
Reports on working groups (3 pax per group)
Discussion
Examination on papers and part of the book

6. exams
15 dicembre 2014 ore 9.00 (special for students will attend the lessons)
Winter january
Spring april
Summer june
september

7. In a normal world….

8. Meritocracy and equal opportunities

9. Stupidity

10. Choose your job: maybe to study is not the best criterion…

11. Growth rate

12. Life expectancy

13. Children mortality rate

14. statistics

15. statistics

16. World population

17. World by population

18. World population density

19. World popolation density

20. Population and development

21. 10 busiest air travel routes of 2012

22. Population by age group

23. Better places to born

24. Hunger map of the world

25. Dimension of countries for size of GDP

26. China GDP rate

27. Economic world

28. World GDP growth 2010

29. democracies

30. Child poverty rates

31. Diversity map

32. Diversity Tollerance map

33. Right to sexual orientation

34. Sexual orientation tollerance

35. Security treaty map

36. Felt beloved

37. Condition of mothers

38. Paid maternal leave

39. Number of researchers per million inhabitants

40. Attitude welcome foreigners

41. Law system

42. Majority religion by country

43. Gepolitical problems

44. International Law
International law is a body of rules that govern relations between states, functioning of international institutions/organizations and rights and duties of individuals.
International law covers every aspect of relations between States from aviation to Xenophobia and beyond.
However, we will focus on those aspects of international law that are of direct relevant to international Organizations and Int. Economic Law

45. A short definition
International law is the law of the so-called “international community”.
com·mu·ni·ty n., pl. com·mu·ni·ties. Abbr. com. 1. A group of people living in the same locality and under the same government. 2. A group of people having common interests: the scientific community; the international business community. 3.a. Similarity or identity: a community of interests. b. Sharing, participation, and fellowship.

46. Subjects of International law
Members of the international community are subjects of International Law
Subjects have international legal personality: capacity to have rights and duties under international law.
Objects of international law do not have rights and duties but are merely the object of subject’s rights and duties (e.g. a territory and the natural resources within it)

47. Subjects of international law II
Subjects of international law relates to which entities have legal capacities under international law and the extent of that capacity in terms of competence to perform certain acts:
Hold of rights and duties under international law;
Hold a procedural privilege of prosecuting claims before an international tribunal;
Possess interests for which provision is made by international law; and
Competence to conclude treaties with other States and international organizations

48. Subjects of international law III
States
Public International Organizations (e.g. United Nations, African Union, North Atlantic Organization, European Union, Organization of American States etc).
Individuals: It is part of customary international law that the obligations of international law bind individuals directly regardless of law of their states.
Other Entities: An example of such ‘other’ entity would be the Holy See and the Vatican City, which enjoy the status of a State and has international personality. Other example: NGO’s

49. States
Statehood is objective, not subjective. Recognition does not bestow statehood.
A State is a state under international law (i.e. it has international legal personality), if it meets certain basic criteria.
Must have a territory
Must have a population.
Must have a government.
Must be sovereign, that is to say must be able to exercise sovereign functions on the territory (e.g., be able to exclude anyone else from claiming it (defense), policing, administration (raise taxes), etc.).

50. International Organizations
International organization means public international organization or governmental organization, that is to say an organization created by sovereign states and whose functioning is regulated by international law, not the law of any given country.
There are hundreds of IOs. Some operate at the global level (E.g. UN, WTO, World Bank), others at the regional level (EC/EU, OAS, NATO, ASEAN, AU).
Personality of IOs is limited to what is necessary to carry out the assigned functions. E.g.. the UN or NATO must have the power to conclude treaties with states to carry out their mission. Powers are specified in the legal instruments of the organization (establishing treaty (e.g. UN Charter) and decision of the organization itself).

51. Individuals and Other…
Individuals have certain (inherent) rights under international law (i.e. human rights ) and certain duties (e.g. no to commit international crimes: war crimes, crimes against humanity and the crime of genocide). They have no international law-making powers (but can definitively lobby governments and IOs to do so).
Individuals can act collectively…
(NGOs). E.g. Amnesty International, medecins sans Non-governmental organizations frontiers, WWF. There are several thousands of NGOs. The legal status of these organizations is regulated by the laws of the countries in which they operate.
Peoples (e.g. indigenous peoples…)
Hybrid organizations (public/private): International Committee of the Red Cross, International Union for the Conservation of Nature.

52. Sources of International Law
International law has three primary sources
custom
international treaties
general principles of law.
Subsidiary sources (i.e. means to ascertain the content of law created by the primary sources)
Rulings of courts (mostly international)
The writings of international scholars

53. Article 38(1) – ICJ Statute
international conventions, whether general or particular, establishing the rules expressly recognized by the contesting States;
international custom, as evidence of a general practice accepted as law;
the general principles of law recognized by civilized nations;
judicial decisions and teachings of the most highly qualified publicists…subsidiary means (Art. 59)
2. power to decide a case ex aequo et bono

54. Customs
Customary international law is the result of consistent practice of a majority of states supported by the belief that the practice is obligatory (opinio juris). Example: you cannot use your territory in such a way as to cause harm to other states; the territorial sea is 12 mile wide.
Customary international law is law for all states, regardless of whether they participated in the formation of the custom. A state is bound by customary international law simply by virtue of being a state. Where do you look to know what states’ practice is? You look at what states do and say. Treaty making, unilateral declarations, decisions within international organizations, acts….

55. Jus Cogens Special category of customary rules: jus cogens.
Jus cogens are rules of international law to which are considered so essential that they can never be derogated. E.g. ban on torture, slavery, genocide. Two states or more cannot make a valid treaty making torture, slavery or genocide legal.

56. Treaties
‘…an international agreement concluded between States in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments and whatever its particular designation.’
treaty, convention, protocol, covenant, charter, statute, act, declaration, concordat, exchange of notes, agreed minute, memorandum of agreement, modus vivendi, or any other appellation
central principle: consent to be bound

57. Treaties: Essential Vocabulary
full powers
signature (authentication, good faith)
ratification (domestic and international, Article 14 of VCLT)
acceptance, approval, accession
reservations, declarations
contracting state
state party
entry into force
deposit
multilateral, bilateral, law-making

58. Treaties: Interpretation
Vienna Convention on the Law of Treaties, articles 31 and 32
Art 31: general rules of interpretation
in good faith and with ordinary meaning, in context and in light of its object and purpose
in addition to the (full) text, the context shall comprise:
agreements relating to the treaty
instruments made in connection with the treaty
also: subsequent agreements, subsequent practice, any relevant rules of international law
special meanings if established

59. Article 32
Recourse may be had to supplementary means of interpretation, including the preparatory work of the treaty (*) and the circumstances of its conclusion, in order to confirm the meaning resulting from the application of Art 31, or to determine the meaning when the interpretation according to Art 31:
leaves the meaning ambiguous or obscure; or
leads to a result which is manifestly absurd or unreasonable.

60. International law and national law
In general, as long as a State carries out its obligations under international law, how it does so is not the concern of International law, except in the area of human rights where states have undertaken to make certain conduct such as torture and genocide a crime punishable under national laws.
Not all states agree on the relationship between International Law and National Law
Many states adhere to the superiority of international law over national law, meaning that international law will prevail in the event of a conflict between with national law.
Other states see International law and national law as two separate legal systems and require formal incorporation of international laws into national law by the legislature before they become operational in the countries.
However, from international perspective it is important for you to bear in mind that international law is binding on all states.

61. General Principles
General principles of law are those principles commonly found in the major legal systems of the world. E.g.: ne bis in idem rule, or double jeopardy is a general principle of law (criminal law) common to all legal systems of the world. It is a source of international law on its own right but it is resorted to mostly when there is no applicable treaty or when there is no practice or it is unclear or inconsistent (which is rare).

62. International Order – Based on
International institutions
International norms
“Habit” (customs)
Some norms codified into international law
Common Principles of National Law

63. Factors “Shaking Up” International Norms
End of old international order ( )
New subject (1970)
End of Cold War (1990)
Rapid shifts in economic participation and status of some countries (e.g. China, India, Brazil)
Information revolution
Others

64. International Organizations (IOs)
Intergovernmental Organizations (IGOs)
Regional IGOs
Global IGOs
Nongovernmental Organizations (NGOs)
Professional organizations
Economic/business orgs
Political orgs
Cultural orgs
Religious groups

65. United Nations 67 years old More prominent since end of Cold War
World government – not
Major purposes:
Conflict resolution (collective security)
Economic and social development
Created to serve state’s needs
Designed for post-WWII world

66. UN Structure General Assembly – all states
Security Council – 5 great powers and 10 rotating seats
Socio-economic Council
Secretariat - office of Secretary General
Court of Justice
UN Programs
Autonomous agencies

67. UN structure

68. Security Council
5 great powers (permanent) and 10 (temporary) rotating seats
Maintain world’s security
Decisions binding on all member states
Re security situations:
Define security threat
Choose a response
Enforce through mandatory directives/resolutions

69. Choosing Non-Permanent Members of the Security Council
9 votes needed to pass resolution: (no one of the 5 permanents have to put the veto, so no one of them have to vote “no”. Abstention is possible)
5 new non-permanent members chosen every year for a 2-year cycle
Each region of the world represented by the 5 new members

70. Proposed Changes of the Security Council
Japan and Germany as permanent members – concerns?
European seat?
India?
Brazil?
An Islamic country?
Expand Security Council to 24 Members
New permanent members?
Semipermanent member

71. World Region in UN Western Europe
Eastern Europe and OLD USSR territories
Middle East
East Africa
West Africa
EAPRO (East Asia, pacific and Oceania)
South Asia
Latin America (Central and southern America)

72. General Assembly All states are members (currently 192)
Functions and Powers :
Control of finances for UN programs and ops (e.g. peacekeeping)
Pass resolutions – merely advisory if not convention signed and ratificated
Elect members of UN agencies
Coordinates UN agencies and programs
Make-up of GA changed post-colonialism
Often venue for concerns/complaints of developing countries

73. Secretariat Secretary-General is the top of the administration
Nominated by SC, approved by GA
Ban Ki-Moon from South Korea 2007
Bureaucracy for administering UN policy and programs
Develops international civil service system – diplomats and bureaucrats with allegiance to world
SG serves as third party, good offices of UN
Special status of staff members

74. The list of Secretary-General
Trygve Lie, Norway ( )
Dag Hammarskjold, Sweden ( )
U Thant, Burma ( )
Kurt Waldheim, Austria ( )
Javier Perez de Cuellar, Peru ( )
Boutros Boutros-Ghali, Egypt ( )
Kofi Annan, Ghana ( )
Ban Ki-Moon, South Korea (2007-)

75. UN Programs
Purpose - advance economic development and social stability
More than 10
Funded by GA and donations
Examples:
UNICEF (Children’s Fund – poor countries)
UNHCR (Refugees – protect and assist)
UNDP (Development in poor countries)
Administrative programs such as UN System

76. Autonomous Agencies About 20 Ties to UN but not run by UN
Specialized technical organizations
IAEA (Atomic Energy Agency)
WHO
UNESCO
WIPO
WTO, IMF, World Bank
In Italy: FAO, WFP, IFAD, UNICRI, ILO School…

77. Peacekeeping The UN’s own forces (borrowed) Calm regional conflicts
Neutral role
Funds from General Assembly, control by Security Council
Size and cost of peacekeeping forces almost tripled 1997 to 2002
Can be observers (unarmed) or peacekeepers (armed)
Don’t MAKE peace, KEEP it
Currently 18 different missions in Africa, the Caribbean, Middle East, Europe and Asia

78. Who Pays: top 10 United States - 27% Japan - 19% Germany - 9%
United Kingdom - 7%
France - 7%
Italy - 5%
Canada - 3%
Spain - 3%
China - 2%
Netherlands - 2

79. Peace enforcement