POLS 673 Exam 3

Describe the International Criminal Court's two functions?

1. prosecute 2. adjudicate

What is the G-77?

- The Group of 77 (G77) at the United Nations is a coalition of 135 developing nations, designed to promote its members' collective economic interests and create an enhanced joint negotiating capacity in the United Nations. There were 77 founding members of the organization, but by November 2019 the organization had since expanded to 135 member countries (including China).

What is the International Monetary Fund's mandate? How does the IMF typically carry out this mandate?

- The IMF promotes international monetary cooperation and provides policy advice and capacity development support to help countries build and maintain strong economies. The IMF also makes loans and helps countries design policy programs to solve balance of payments problems when sufficient financing on affordable terms cannot be obtained to meet net international payments. IMF loans are short and medium term and funded mainly by the pool of quota contributions that its members provide. IMF staff are primarily economists with wide experience in macroeconomic and financial policies. - How it carries out the mandate: 1. Surveillance: In order to maintain stability and prevent crises in the international monetary system, the IMF monitors member country policies as well as national, regional, and global economic and financial developments through a formal system known as surveillance. The IMF provides advice to member countries and promotes policies designed to foster economic stability, reduce vulnerability to economic and financial crises, and raise living standards. It also provides periodic assessments of global prospects, financial markets, public finance developments and external positions of the largest economies, in addition to a series of regional economic outlooks. 2. Financial assistance: Providing loans to member countries that are experiencing actual or potential balance-of-payments problems is a core responsibility of the IMF. Individual country adjustment programs are designed in close cooperation with the IMF and are supported by IMF financing, and ongoing financial support is dependent on effective implementation of these adjustments. 3. Capacity development: The IMF provides technical assistance and training to help member countries build better economic institutions and strengthen related human capacities. This includes, for example, designing and implementing more effective policies for taxation and administration, expenditure management, monetary and exchange rate policies, banking and financial system supervision and regulation, legislative frameworks, and economic statistics. 4. SDRs: The IMF issues an international reserve asset known as Special Drawing Rights, or SDRs, that can supplement the official reserves of member countries. 5. Resources: Member quotas are the primary source of IMF financial resources. A member's quota broadly reflects its size and position in the world economy. The IMF regularly conducts general reviews of quotas. In addition, credit arrangements between the IMF and a group of members and institutions provide supplementary resources of up to about SDR 182 billion ($253 billion), and are the main backstop to quotas. As a third line of defense, member countries have also committed resources to the IMF through bilateral borrowing agreements. 6. Governance and organization: The IMF is accountable to its member country governments. At the top of its organizational structure is the Board of Governors , consisting of one governor and one alternate governor from each member country, usually the top officials from the central bank or finance ministry. The Board of Governors meets once a year at the IMF-World Bank Annual Meetings . Twenty-four of the governors serve on the International Monetary and Financial Committee, or IMFC, which advises the IMF's Executive Board on the supervision and management of the international monetary and financial system. The day-to-day work of the IMF is overseen by its 24-member Executive Board , which represents the entire membership and supported by IMF staff. The Managing Director is the head of the IMF staff and Chair of the Executive Board and is assisted by four Deputy Managing Directors.

Discuss the two other primary challenges to free trade: the emergence of developing countries and regional trade agreements. How are they a challenge to free trade?

1. Emergence of developing countries: It is difficult to lower the trade barriers for developing countries such as cost, customs procedures, bureaucracy and corruption, lack of technology, poor infrastructure/training, making them members of the WTO and adjusting to rules, etc. However, the Trade Facilitation Agreement is trying to address these issues. 2. Regional Trade Agreements: bigger/more powerful countries are making bilateral/regional trade agreements, often with mutually incompatible rules, that will make future global agreements even harder to conclude.

Identify the six major areas of international economic relations of concern to the G-77. For each of the six areas, describe the change sought by the G-77.

1. commodity pricing: lower 2. regulation of MNCs: less corruption and favoritism 3. improved means of technology transfer: technology updates 4. increased foreign aid 5. improved trading provisions: less corruption/favoritism 6. restructuring of the international financial institutions: changes in weighted voting structures of the World Bank/IMF and in developed country bias within the GATT/WTO as well as altering basic power relationships that would lead to different economic policies.

What is the 1987 Montreal Protocol? What is the 1990 London Agreement? What is the goal of these two international regimes? How successful have they been?

- The Montreal Protocol on Substances that Deplete the Ozone Layer (a protocol to the Vienna Convention for the Protection of the Ozone Layer) is an international treaty designed to protect the ozone layer by phasing out the production of numerous substances that are responsible for ozone depletion. It was agreed on 26 August 1987, and entered into force on 16 September 1989, following a first meeting in Helsinki, May 1989. -The London Agreement was an amendment to the Montreal Protocol which strengthened its control procedures on substances that deplete the ozone layer, extended its coverage to new substances, and establish financial mechanisms for it. -The goal for both is to protect the ozone layer. -As a result of the international agreement, the ozone hole in Antarctica is slowly recovering. Climate projections indicate that the ozone layer will return to 1980 levels between 2050 and 2070. Due to its widespread adoption and implementation it has been hailed as an example of exceptional international co-operation, with Kofi Annan quoted as saying that "perhaps the single most successful international agreement to date has been the Montreal Protocol".In comparison, effective burden sharing and solution proposals mitigating regional conflicts of interest have been among the success factors for the ozone depletion challenge, where global regulation based on the Kyoto Protocol has failed to do so.[9]

What are the exceptions to the World Trade Organization's principles?

Exceptions allow for preferential treatment of: 1. developing countries 2. regional free trade areas and customs unions

Describe the mandate and key obligations of the International Criminal Court.

-Mandate: The has jurisdiction over "serious" war crimes that represent a "policy or plan" rather than just random acts in wartime. These are crimes of genocide, crimes against humanity, war crimes, and crimes of aggression. -Key obligations: No individuals are immune from jurisdiction, including heads of state and military leaders. The ICC functions as a court of last resort in that it can hear cases only when national courts are unwilling or unable to deal with grave atrocities. Prosecution is forbidden for crimes committed before July 1, 2002, when the court came into being, and individuals must be present during the trial. Anyone - an individual, government, group, or the UN Security Council - can bring a case before the ICC.

Describe how the United Nation's approach to economic development differs from those of the World Bank and IMF.

-United Nations: Improving people's well-being continues to be one of the main focuses of the UN. The global understanding of development has changed over the years, and countries now have agreed that sustainable development - development that promotes prosperity and economic opportunity, greater social well-being, and protection of the environment - offers the best path forward for improving the lives of people everywhere. More focused on overall development in multiple areas besides trade and monetary gain. -World Bank/IMF: More focused on monetary numbers such as GDP, loans, reserves, etc. and the government itself rather than how its actions can directly effect everyday people in the countries it works with.

What are the three major contributions the WTO makes to the international economic system?

1. First, it administers existing multilateral trade agreements. Every member receives Most Favored Nation Trading Status. That means they automatically receive lowered tariffs for their exports. 2. Second, it settles trade disputes. Most conflicts occur when one member accuses another of dumping. That's when it exports goods at a lower price than it costs to produce it. The WTO staff investigates, and if a violation has occurred, the WTO will levy sanctions. 3. Third, it manages ongoing negotiations for new trade agreements. The biggest would have been the Doha round in 2006. That would have eased trade among all members. It emphasized expanding growth for developing countries.

What are the principles under which the World Trade Organization operates?

1. Nondiscrimination: a. Most-favored nation treatment - products made in one member state must be treated as favorably as like-products originating in another state. b. National treatment - foreign-made products must be treated as favorably as like-products made domestically. 2. Reciprocity: members try to make equivalent changes in policies; protection through tariffs only; members cannot use quotas. 3. Transparency: members must publish their trade regulations and have procedures for review of administrative regulations 4. Safety valves for states to attain noneconomic objectives: a. Protect public health and national security b. Protect domestic industries from serious injury 5. Enforcement of obligations: mechanism for member states to bring cases before the WTO for dispute settlement

Describe the three tests the International Criminal Court must pass in order to have jurisdiction over a suspect.

1. Territorial jurisdiction: The territorial jurisdiction of the Court includes the territory, registered vessels, and registered aircraft of states which have either (1) become party to the Rome Statute or (2) accepted the Court's jurisdiction by filing a declaration with the Court. 2. Personal: The personal jurisdiction of the Court extends to all natural persons who commit crimes, regardless of where they are located or where the crimes were committed, as long as those individuals are nationals of either (1) states that are party to the Rome Statute or (2) states that have accepted the Court's jurisdiction by filing a declaration with the Court. 3. Temporal: Temporal jurisdiction is the time period over which the Court can exercise its powers. No statute of limitations applies to any of the crimes defined in the Statute.[87] However, the Court's jurisdiction is not completely retroactive. Individuals can only be prosecuted for crimes that took place on or after 1 July 2002, which is the date that the Rome Statute entered into force.[88] If a state became party to the Statute, and therefore a member of the Court, after 1 July 2002, then the Court cannot exercise jurisdiction prior to the membership date for certain cases

Describe how the World Trade Organization's enforcement mechanism works.

1. Trade Policy Review Mechanism: conducts periodic surveillance of members' trade practices based on states' periodic reports. In this forum, states can question each other about trade policies and learn how to draft trade regulations. 2. Dispute Settlement Unit: two distinct bodies: 1. Dispute Settlement Body: composed of representatives from all WTO members. This body tries to find diplomatic options to resolving disputes; when those options are exhausted, an ad hoc panel composed of three experts chosen by the parties is convened. Its report is due after 6 months. 2. Appellate Body: a standing organ composed of seven people. Its decisions are only binding when adopted by consensus in the Dispute Settlement Body. After this two-step procedure, the parties are obligated to implement the recommendations. Compliance panels evaluate whether compliance actually occurs and whether equivalent countermeasures have been taken.

Why was the UN Conference on Trade and Development established and what does it do?

In response to developing country (Least Developed Country, LDC) anxiety at their worsening position in world trade, the United Nations General Assembly voted for a 'one off' conference in 1964. UNCTAD is the part of the United Nations Secretariat dealing with trade, investment, and development issues. The organization's goals are to: "maximize the trade, investment and development opportunities of developing countries and assist them in their efforts to integrate into the world economy on an equitable basis".

What are the principle obligations of WTO member states?

Members agree to avoid trade barriers and abide by the WTO's resolution of any dispute, which prevents retaliatory trade warfare. These escalating trade restrictions help individual countries in the short term but hurt world trade in the long term.

Discuss the principle of "national treatment".

National treatment is a basic principle of GATT/WTO that prohibits discrimination between imported and domestically produced goods with respect to internal taxation or other government regulation.

What is the Kyoto Protocol? What does it say?

The Kyoto Protocol is an international agreement linked to the United Nations Framework Convention on Climate Change, which commits its Parties by setting internationally binding emission reduction targets. Recognizing that developed countries are principally responsible for the current high levels of GHG emissions in the atmosphere as a result of more than 150 years of industrial activity, the Protocol places a heavier burden on developed nations under the principle of "common but differentiated responsibilities." The Kyoto Protocol was adopted in Kyoto, Japan, on 11 December 1997 and entered into force on 16 February 2005. The detailed rules for the implementation of the Protocol were adopted at COP 7 in Marrakesh, Morocco, in 2001, and are referred to as the "Marrakesh Accords." Its first commitment period started in 2008 and ended in 2012.

Describe how the United States has attempted to undermine the International Criminals Court.

The United States government has consistently opposed an international court that could hold US military and political leaders to a uniform global standard of justice. The Clinton administration participated actively in negotiations towards the International Criminal Court treaty, seeking Security Council screening of cases. If adopted, this would have enabled the US to veto any dockets it opposed. When other countries refused to agree to such an unequal standard of justice, the US campaigned to weaken and undermine the court. The Bush administration, coming into office in 2001 as the Court neared implementation, adopted an extremely active opposition. Washington began to negotiate bilateral agreements with other countries, insuring immunity of US nationals from prosecution by the Court. As leverage, Washington threatened termination of economic aid, withdrawal of military assistance, and other painful measures. The Obama administration has so far made greater efforts to engage with the Court. It is participating with the Court's governing bodies and it is providing support for the Court's ongoing prosecutions. Washington, however, has no intention to join the ICC, due to its concern about possible charges against US nationals.

What is the Intergovernmental Panel on Climate Change's mission? How does the IPCC carry out its mission?

The objective of the IPCC is to provide governments at all levels with scientific information that they can use to develop climate policies. IPCC reports are also a key input into international climate change negotiations. The IPCC is an organization of governments that are members of the United Nations or WMO. The IPCC currently has 195 members. Thousands of people from all over the world contribute to the work of the IPCC. For the assessment reports, IPCC scientists volunteer their time to assess the thousands of scientific papers published each year to provide a comprehensive summary of what is known about the drivers of climate change, its impacts and future risks, and how adaptation and mitigation can reduce those risks.

What is the World Bank's mandate?

The World Bank promotes long-term economic development and poverty reduction by providing technical and financial support to help countries reform certain sectors or implement specific projects—such as building schools and health centers, providing water and electricity, fighting disease, and protecting the environment. World Bank assistance is generally long term and is funded both by member country contributions and through bond issuance. World Bank staff are often specialists on particular issues, sectors, or techniques.

What is the purpose of the World Trade Organization?

The World Trade Organization is a global membership group that promotes and manages free trade. It does this in three ways: 1. First, it administers existing multilateral trade agreements. Every member receives Most Favored Nation Trading Status. That means they automatically receive lowered tariffs for their exports. 2. Second, it settles trade disputes. Most conflicts occur when one member accuses another of dumping. That's when it exports goods at a lower price than it costs to produce it. The WTO staff investigates, and if a violation has occurred, the WTO will levy sanctions. 3. Third, it manages ongoing negotiations for new trade agreements. The biggest would have been the Doha round in 2006. That would have eased trade among all members. It emphasized expanding growth for developing countries.

What is IMF Conditionality and why is it controversial?

When a country borrows from the IMF, its government agrees to adjust its economic policies to overcome the problems that led it to seek financial aid. These policy adjustments are conditions for IMF loans and serve to ensure that the country will be able to repay the IMF. This system of conditionality is designed to promote national ownership of strong and effective policies. It is controversial mainly among locals in the country who sometimes suffer from a reduction in social spending, increased income inequality, and even increased poverty as a result of these new policies.

What is "the most favored nation" and what does it mean?

most favored nation (MFN) is a status or level of treatment accorded by one state to another in international trade. The term means the country which is the recipient of this treatment must nominally receive equal trade advantages as the "most favored nation" by the country granting such treatment (trade advantages include low tariffs or high import quotas). In effect, a country that has been accorded MFN status may not be treated less advantageously than any other country with MFN status by the promising country. All WTO members are granted this status.