International law is a known relation.among nations
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International Law and International Law and
OrganizationOrganization
Where does International Law Where does International Law
come from and what do come from and what do
International Organizations do?International Organizations do?
So, where does international law So, where does international law
come from? The answer also come from? The answer also
describes what it is.describes what it is.
•TreatiesTreaties: States essentially sign agreements or contracts : States essentially sign agreements or contracts
that act as promises. that act as promises.
•CustomCustom: Repetitive interactive behavior that becomes seen : Repetitive interactive behavior that becomes seen
as normal and legitimate guidelines for future behavior.as normal and legitimate guidelines for future behavior.
•General Principles of LawGeneral Principles of Law: Violations of what is seen as : Violations of what is seen as
ethical, moral, or other law.ethical, moral, or other law.
•Legal ScholarshipLegal Scholarship: Precedence of past cases.: Precedence of past cases.
Distinct Problems of these Distinct Problems of these
sourcessources
•What moral code could be used as a basis of law? What moral code could be used as a basis of law?
Who decides? Who decides?
•What is so legitimate about What is so legitimate about CustomCustom, it would , it would
seem to be biased toward the status quo. Is that seem to be biased toward the status quo. Is that
just?just?
• Regarding legal scholarship, what are the Regarding legal scholarship, what are the
deeper philosophical roots of this scholarship. Is deeper philosophical roots of this scholarship. Is
it arbitrary or linked to specific theories, it arbitrary or linked to specific theories,
philosophies or cultures?philosophies or cultures?
Even if the law is non-contentious, Even if the law is non-contentious,
what about enforcement?what about enforcement?
•If there is no world government, no higher If there is no world government, no higher
authority, how can there be legitimate authority, how can there be legitimate
international law?international law?
•Even if international law is recognized, how is it Even if international law is recognized, how is it
enforced? enforced?
•At some point, international law faces the At some point, international law faces the
problem of sovereignty. What do states do when problem of sovereignty. What do states do when
they wish to enforce international law when the they wish to enforce international law when the
state in violation has the right to object?state in violation has the right to object?
Why cannot the United Nations enforce
international law? Most treaties are deposited
with the UN or similar organizations.
Considering that the UN, or any other IGO, do not
have the authority to enforce international law, it is
up to the states to do so. However, there is no clear
legal basis for states to legitimately enforce
international law.
It would seem that it would be reasonable that states
enforce international law, but the issue of
sovereignty and problems of facts, perceptions of the
facts, and interpretations of the law produce lack of
clear, unproblematic right for states to intervene.
If states do enforce international If states do enforce international
law, what does this mean?law, what does this mean?
•Punishment: Does the intervening state Punishment: Does the intervening state
simply dole out whatever punishment it simply dole out whatever punishment it
wishes. In other words, jump to punitive wishes. In other words, jump to punitive
measures before a trial of guilt?measures before a trial of guilt?
•Of course, the World Court can be used for Of course, the World Court can be used for
countries to sue other countries. Can they countries to sue other countries. Can they
do this over each other’s internal politics?do this over each other’s internal politics?
A main problem for the World Court, or states that wish
to use it as an effective mechanism of international law
and justice, is that states can ignore it just about as they
wish.
Though World Court is a part of the UN, and that the UN
is the sponsor and creator of several treaties in areas
such as human rights, many states do not claim the
Court has jurisdiction over them and can legitimately
opt out using the “Optional Clause.”
Today the United States actively works to make sure
other countries do not attempt to sue the US over
policies included in War on Terrorism, such as invading
Iraq.
Can International Law operate as domestic
law inside countries?
Can it ever be legitimate and not just the will
of the status quo major powers such as the
United States or France?
What is the basis of this legitimacy? From
where does it spring?
International OrganizationsInternational Organizations
Basic Facts about IOs
•States are members of IGOsStates are members of IGOs
•States are not members of NGOsStates are not members of NGOs
•There are over 1,000 IGOsThere are over 1,000 IGOs
•There are over 30,000 NGOsThere are over 30,000 NGOs
•IGOs can have one function or manyIGOs can have one function or many
•NGOs usually have one function, like Red NGOs usually have one function, like Red
CrossCross
NGOsNGOs
•More specialized in function than some IGOsMore specialized in function than some IGOs
•Funding and participants are citizens from many Funding and participants are citizens from many
countries with similar interests, such as Doctors countries with similar interests, such as Doctors
Without Borders, Green Peace, Red Cross, etc.Without Borders, Green Peace, Red Cross, etc.
•Not all NGOs are directly interested in politics and Not all NGOs are directly interested in politics and
instead focus on culture, recreation, etc.instead focus on culture, recreation, etc.
•More focus on IGOs than NGOs, but NGOs can be More focus on IGOs than NGOs, but NGOs can be
important such as Amnesty International or Green important such as Amnesty International or Green
Peace in affecting countries policies or behavior.Peace in affecting countries policies or behavior.
Goal of IGOsGoal of IGOs
•Foster cooperation in specific areasFoster cooperation in specific areas
–Peace, economics, education, health, culture.Peace, economics, education, health, culture.
•Help enforce or verify treaties or other state Help enforce or verify treaties or other state
agreementsagreements
•Help resolve conflicts and disputesHelp resolve conflicts and disputes
– arbitration, mediation, adjudication, peace-keepingarbitration, mediation, adjudication, peace-keeping
•Help spread norms such as democracy, Help spread norms such as democracy,
capitalism, environmentalism, or human rights.capitalism, environmentalism, or human rights.
Some IGOs are very successful: NATO, European
Union, IMF, and many mundane organizations in
Europe, especially Scandinavia.
Others have moderate success: Mercosur,
Southern Africa Development Cooperation (SADC),
Organization for African Unity, Arab League
Others have not been successful: South Asian Area
of Cooperation (SAARC), Andean Group, etc.
Some IGOs are not very political: African
Groundnut Council, others such as OPEC are highly
contentious.
What does the UN do?What does the UN do?
•Multiple function: Peace, Development, Literacy, Multiple function: Peace, Development, Literacy,
Health, Human Rights, Labor Relations, etc.Health, Human Rights, Labor Relations, etc.
•IMF, WTO, World Court, and many other IMF, WTO, World Court, and many other
organizations are actually part of UN system.organizations are actually part of UN system.
•Thus, too simple to say that the UN is effective or Thus, too simple to say that the UN is effective or
not and it more depends on the topic.not and it more depends on the topic.
Structure of UNStructure of UN
•General Assembly: Almost all states General Assembly: Almost all states
represented and one vote each.represented and one vote each.
•Security Council: 15 members, five permanent Security Council: 15 members, five permanent
with veto power, other ten rotate for 5 year with veto power, other ten rotate for 5 year
terms with no veto power.terms with no veto power.
•Secretariat: Administrative body of UN headed Secretariat: Administrative body of UN headed
by Secretary-General, current Kofi Annan. by Secretary-General, current Kofi Annan.
Staffed with international bureacuracy.Staffed with international bureacuracy.
•Other UN agencies and programs including Other UN agencies and programs including
UNICEF (UN Children’s Fund), IAEA, World UNICEF (UN Children’s Fund), IAEA, World
Health Organization (WHO), etc.Health Organization (WHO), etc.