International Law - Chapter 3 (international Organization and

UN - 6. International Court of Justice (3.1)

- Judicial organ of the UN. It is situated in the Hague and is also known as the World Court. It hears cases between states that are members of UN. -It also issues advisory opinion on legal questions brought before it by the UN and its specialized agencies. · -How do we assess the utility of the UN? Is it a success or a failure? Do we need the UN? -There are some problems that can be solved through a bilateral or multilateral form -The UN is the body which creates international humanitarian norms and standards for the entire international community -The UN is often criticized for its failures, but we have to remember that the UN does not have any power over and above the states which are its members; the states are the main members - these states are sovereign entities

International Organizations began to emerge in the second half of the nineteenth century as states felt the need to address mutual problems and concerns What were the mutual problems and concerns? (3.1)

- The state created appropriate international institutions -The problems and concerns that states had that paved the creation of international organization (where states are coordinating their actions) - international security (problem of wars among states was a major one) -The rime commission in Europe was created to facilitate interstate transportation through the river rime

What is the purpose of the UN? (3.1)

- To maintain international peace and international security - to ease conflict o UN is comprised of six organs o The UN charter is the constitution of the UN

UN - 1. General Assembly

- all 193 members of the UN are members of the General Assembly -It operates through six committees: disarmament and security, economic and financial, social, humanitarian, and cultural; political and decolonization, administrative and budgetary; legal - the General Assembly to create the draft of the international treaty to take up for consideration by states -UNGA institutions studies are addressed by world leaders every year and operates as a debating chamber. -UNGA passes non-binding (the terms can be changed, it is not mandatory, states do not have to follow through with those resolutions) resolutions on various issues - an urgent matter -Human trafficking, etc. -Month of September in General Assembly: the heads of state are invited to make speeches to use it and talk about their own political agenda

UN- 4. Trusteeship Council (3.1)

- is a distinct UN organ consisting of selecting member states. Under A77 certain states have supervised trust territories until they are ready for self-governance. The TC has become defunct since all the trust territories have now become independent Ex: US Marshall Island, Palau; South West Africa; Namibia Case

European Union (3.2) - Supranational Organization

- is an organization whose members states cede part of their sovereignty to it - states give part of their sovereignty to the organization

Evolution of the EU (3.2)

-1952 - European Coal and Steel Community (ECSC) was created by six states viz. France, Germany, Italy, Belgium, Netherlands, and Luxembourg. A common market for coal and steel was created -1957 - the Treaty of Rome created the European Economic Community and the EURATOM (the agency for the 6 countries) -The European Economic Community was the first building block that was used to create a common market beyond coal and steel -Between 1957 and 1987, the EU community became very prosperous, it also began to take on members and began to expand -1987- Single European Act was passed to created in principle a true European single market. The EEC was not called the European Community -1993- Treaty of Maastricht established the European Unition common market allowing free flow of goods, services, money, and people across borders - Goals set for the EU: 1. Create a common market (economic union) 2. Common currency (monetary union) 3. Common defense and foreign policy - the EU does not have a robot defense or foreign policy, the EU members states are dependent on NATO 4. Creation of an area without internal frontiers (political union) - The EU wants to create a confederation of States 5. Citizenship of union - it exists but it is not the same type - States who want to join EU- 1. Prove they are a democracy and 2. Adopt a pre-market system - To what extent has the EU achieved its goals? - The UN has been successful in the Common market - 1999 - Euro was adopted - 2003 - Treaty of Nice expanded the EU to include 10 east European counties - The current stands at 27 after Brexit - 2009- Treaty of Lisbon increased the powers of the European Parliament. It gave the EU the legal authority to negotiate and sign international treaties

Why is the EU described as a supranational organization? (3.2)

-It has community laws; they share money and border laws (can go anywhere in the EU without having passport checked)

Capacity under international law Do international organizations possess international legal capacity? Are they international legal personalities? (3.1) 1/2

-Legal personality: defined as entity that has rights and obligations under international law -Does the UN have an international legal personality? -this question was answered by ICJ in 1949

United Nations (3.1)

-The precursor of the UN was the League of Nations created at the behest President Wilson and private societies in US and Great Britain. The idea was to prevent the outbreak of WW2. However, the League collapsed because of a variety of reasons (one of them being the US did not join them). The UN charter was drawn by 50 allied countries held in San Francisco in 1945. The UN came into existence on October 24, 1945

UN - 3. Economic and Social Council (3.1)

-conducts studies and issues reports on social, educational, cultural and health matters. -The studies are sent to UNGA and other specialized agencies of the UN. It also prepares draft conventions for the submission to the UN. Its foal is to promote high standards of living, full employment, and conditions of economic and social progress

· Reparation for Injuries Suffered in the Service of the United Nations, ICJ (advisory Opinion) 1949 (pg. 126-128) 2/2 whether U.N possesses legal personality (3.1)

-not ruling, just a legal opinion that his sought from ICJ by U.N and its agency -The middle east was in a huge conflict after WW2, as a result of the birth of Israel and the war that followed; It was in turmoil -The UN was enrolled in diplomatic efforts to find a solution -As a result, the UN began to dispatch its Diplomats to the region, when they were in the Middle East, some of the Diplomats were killed non-deliberately -The Diplomats come from all types of countries, but they work for the UN as a civil service -Who can clear reparations, who can clean damages for the fact that these diplomats were killed while they were working for the UN - who can sue? -Does the right to sue only belong to the home country of diplomats or can the UN sue or make claims on behalf of its employees? - At the ICJ - can the UN bring a claim on behalf of its employees? -From page 128 - paragraph 2 - the court said: "Accordingly, the Court has come to the conclusion that the Organization is an international person. That is not the same thing as saying that it is a State, which it certainly is not, or that its legal personality and rights and duties are the same as those of a State. Still, less is it the same thing as saying that it is a "super-State," whatever that expression may mean. It does not even imply that all its rights and duties must be upon the international plane, any more than all the rights and duties of a State must be upon that plane. What it does mean is that it is a subject of international law and capable of possessing international rights and duties and that it has the capacity to maintain its rights by bringing international claims" o The ICJ recognizes the UN as a legal personality o The ICJ is saying that the UN can sue based on their employees

UN - 5. Secretariat (3.1)

-the administrative hub of the UN and is headed by the Secretary General of UN. - Under A99 of the UN Charter the sec general may bring to the attention of Security Council any matter which in his opinion may threaten the maintenance of international peace and security -The role of the Sec Gen is diplomatic, although some have chosen to play a political role

UN - 2. UN Security Council (3.1)

-the most powerful organ of the U.N -According to A 39 of the UN Charter 'the UNSC is responsible for determining the existence of threats to international peace and security." - if the UN has been created to stop the outbreak the wars and conflict, it is the UNSC responsibility to take action. -UNSC is empowered to take enforcement actions under A 41 and A 42

Institutional Framework (3.2)

1. European Council- heads of state are members - major policy initiatives are taken by the EX the most powerful body of the EU 2. European Commission - it proposes new legislation and is responsible for implementing the EU laws and rules across the union 3. Council of the European Union - headquartered in Brussels. It represents the Eu countries governments and is composed by a minister for each member state, according to the subject matter to be discussed (ex: agriculture, transport, environment). Adopts EU laws and budgets together with the Parliament 4. European Parliament - members are elected every 5 years - pan European parties contest elections. Reviews legislative proposals of the Commission and propose amendments 5. European Court of Justice (important) - hears cased pertaining to Eu laws and can strike down national legislation if it is not compatible with EU treaties -Does the institutional framework resemble that of a state? Yes 4. What specific challenges has the UN faced in previous years?

The world of international organizations may be divided into two groups: (3.1)

1. International organizations 2. International non-governmental organizations

*How many members are there in the UNSC? *What is the veto?

15 members -a veto is a constitutional right to reject a decision or proposal made by a law-making body.

How many entities does UN have?

6

The Basic Differences between Un and EU

UN- international organization which has been created to coordinate the actions of sovereign states, not a world government -EU- org where states have surrendered part of their sovereignty to be a part of this Union (supranational)

1. International organizations (3.1)

are entities created by states by the manes of a treaty. There are multilateral and regional international organizations devoted to various issues o Ex: OAS, NATO, WHO, Arab League, ILO, World Bank

2. Non-governmental organizations (3.1)

are entities that are created by private parties/groups and are concerned with different global issues o Ex: Amnesty International, UN, WWF, Worldwide Fund for Nature, red cross

Are UNSC Resolutions binding?

yes