International Law International Law and and

International International OrganizationOrganization

GLOBAL GLOBAL GOVERNANCEGOVERNANCE

TodayToday

1.1. International lawInternational law

2.2. International organizationInternational organization

General remarks: from General remarks: from cooperation to global cooperation to global governancegovernance

Why states cooperateWhy states cooperate to coexistto coexist to avoid greater evilsto avoid greater evils to achieve the national interestto achieve the national interest

How states cooperateHow states cooperate diplomacydiplomacy international law and international international law and international

organizationorganization Global governanceGlobal governance

normsnorms rulesrules predictability predictability

INTERNATIONAL LAWINTERNATIONAL LAW

Sources of international lawSources of international law

Customary practicesCustomary practices

TreatiesTreaties

Court decisions & legal scholarshipCourt decisions & legal scholarship

General principles of lawGeneral principles of law

The signing of the Peace of Westphalia

When is war When is war legallegal??Jus ad bellumJus ad bellum

Legality vs. legitimacyLegality vs. legitimacy

United Nations Security Council’s roleUnited Nations Security Council’s role UN Charter, UN Charter, Ch. VII authorize war (or not)authorize war (or not) determine how to responddetermine how to respond

LegitimacyPolitical & moral

justifications to operate outside the law (may be recognized by others)

LegitimacyPolitical & moral

justifications to operate outside the law (may be recognized by others)

LegalityProcedures & conditions

specified in the lawconcerning the use

of armed forceby states

LegalityProcedures & conditions

specified in the lawconcerning the use

of armed forceby states

vs.vs.vs.vs.

What is legal What is legal duringduring war? war? Jus in belloJus in bello

Four Geneva ConventionsFour Geneva Conventions1) 1864, 1907: wounded combatants : wounded combatants

& the sick& the sick2) 1929: conditions of war prisoners : conditions of war prisoners

& the shipwrecked& the shipwrecked3) 1949: rights of prisoners of war & : rights of prisoners of war &

the shipwreckedthe shipwrecked4) 1949: protection of civilians in war: protection of civilians in war

Tribunal: the International Tribunal: the International Criminal Court (ICC)Criminal Court (ICC)

In forceIn force July July 1, 20021, 2002

Tries Tries natural personsnatural persons only only

Areas of responsibilityAreas of responsibility crime of genocidecrime of genocide crimes against humanitycrimes against humanity war crimes (committed during war)war crimes (committed during war) crime of aggressioncrime of aggression** (starting a (starting a

war)war) Subsidiarity principleSubsidiarity principle

18 judges elected for 9 years by the Members of the ICC by 2/3 majority.

18 judges elected for 9 years by the Members of the ICC by 2/3 majority.

Enforcing international law: Enforcing international law: thetheInternational Criminal Court (ICC)(ICC)

Cases

Enforcing international law: Enforcing international law: the the International Court of Justice (ICJ)(ICJ) Main international Main international tribunal

Tries Tries statesstates only only

Members: same as UN*Members: same as UN*

Compulsory jurisdictionCompulsory jurisdiction

ReservationsReservations

15 judges elected for 9 years 15 judges elected for 9 years by simple majority by:by simple majority by: - UN General Assembly- UN General Assembly - UN Security Council- UN Security CouncilIn separate votesIn separate votes

15 judges elected for 9 years 15 judges elected for 9 years by simple majority by:by simple majority by: - UN General Assembly- UN General Assembly - UN Security Council- UN Security CouncilIn separate votesIn separate votes

The problem of enforcementThe problem of enforcement

Sovereignty remains the basic rule Sovereignty remains the basic rule ((Ch. I, art. 2(1) of UN Charter) of UN Charter)

Determining factors in complianceDetermining factors in compliance goodwill of statesgoodwill of states national interest national interest state powerstate power public opinion (domestic & foreign)public opinion (domestic & foreign) other governments’ opinionother governments’ opinion

INTERNATIONAL ORGANIZATIONINTERNATIONAL ORGANIZATION

A definitionA definition

““formal arrangement transcending formal arrangement transcending

national boundaries that provides for national boundaries that provides for

the establishment of institutional the establishment of institutional

machinery to facilitate cooperation machinery to facilitate cooperation

among members in security, economic, among members in security, economic,

social or related fields”, Plano and Olton social or related fields”, Plano and Olton

quoted in Sens and Stoett, quoted in Sens and Stoett, Global Global

PoliticsPolitics, p. 153, p. 153..

TypesTypes Public vs. private Public vs. private

Multipurpose, universalMultipurpose, universal

Multipurpose, regional Multipurpose, regional

Functional (specialized)Functional (specialized)

Special case:Special case: ssupranational organizationupranational organization

Intergovernmental organization (IGO)

Non-governmental organization (NGO)

Sustained & Sustained & institutionalized cooperationinstitutionalized cooperation

Management of complex Management of complex relationsrelations

Permanent contacts, channels Permanent contacts, channels for cooperation & for cooperation & negotiationsnegotiations

implementation of existing treatiesimplementation of existing treaties mediationmediation organization of summitsorganization of summits

Features- A moral person- Created by treaty*- Headquarters- Public service- State delegates- Regular sessions

* If it is a public international organization (see previous slide).

Features- A moral person- Created by treaty*- Headquarters- Public service- State delegates- Regular sessions

* If it is a public international organization (see previous slide).

The United Nations (UN)The United Nations (UN)

ObjectiveObjective

Two-tier membershipTwo-tier membership

Mechanisms: mediation & collective Mechanisms: mediation & collective securitysecurity

A multifunctional, universal A multifunctional, universal international organizationinternational organization

General AssemblyGeneral Assembly

193 members193 members

A forum for deliberationA forum for deliberation

States, large & small, rich & poorStates, large & small, rich & poor

The meaningfulness of GA The meaningfulness of GA resolutionsresolutions

Prime Minister Stephen Harper Prime Minister Stephen Harper addressing the General Assemblyaddressing the General Assembly

Security CouncilSecurity Council

Current US ambassadorCurrent US ambassadorto the UN Susan Riceto the UN Susan Rice

Purpose Purpose

5 permanent members (P-5)5 permanent members (P-5)

10 non-permanent members10 non-permanent members

Contested membershipContested membership

The Secretariat &The Secretariat &the Secretary Generalthe Secretary General

Daily running of the organizationDaily running of the organization

Headed by the Secretary GeneralHeaded by the Secretary General

Appointed by the General Appointed by the General Assembly on recommendation of Assembly on recommendation of the Security Councilthe Security Council

The Secretary-GeneralThe Secretary-General’s status’s status

Ban Ki-moonIn office 2007—

ProblemsProblems

General problemsGeneral problems number of employees & complex number of employees & complex

proceduresprocedures money (salaries, perks, etc.)money (salaries, perks, etc.) llack of cooperation in Security Council ack of cooperation in Security Council

Specific problemsSpecific problems Oil for Food Program (1990s)Oil for Food Program (1990s) Libya as chair of the Human Rights Libya as chair of the Human Rights

Commission (2003)Commission (2003) sexual abuse & forced prostitution by UN sexual abuse & forced prostitution by UN

Peacekeepers (1990s & early 2000s)Peacekeepers (1990s & early 2000s)

ConclusionsConclusions States cooperate through multiple channelsStates cooperate through multiple channels

They formalize cooperation in international They formalize cooperation in international lawlaw

They institutionalize cooperation in They institutionalize cooperation in international organizationsinternational organizations

But states retain their sovereignty to act in But states retain their sovereignty to act in their interesttheir interest

NB: try not to be too cynicalNB: try not to be too cynical

Appendix: Reform proposals for the UN Appendix: Reform proposals for the UN Security CouncilSecurity Council

Model AModel A (24 seats)5 permanent members with veto6 new permanent without veto*13 non-permanent**1 for Europe, 1 for the Americas & Caribbean, 2 for Africa, 2 for Asia

Model BModel B (24 seats)5 permanent members with veto8 non-permanent renewable (4-yr term)11 non-permanent

Green ModelGreen Model (20 seats)5 permanent members with veto15 non-permanent renewable

Blue ModelBlue Model (20 seats)5 permanent members with veto3 non-permanent for 3 or 4-yr term*12 non-permanent*** Renewable or not (not determined yet)

Regional ModelRegional Model (25 seats)5 permanent members with veto10 permanent without veto according to regions*10 non-permanent** Choice of regional member to be decided by states from those regions

Panama ProposalPanama Proposal (21 seats)5 permanent members with veto6 non-permanent for 5-yr term renewable according to regions*10 non permanent** 1 for Latin America & Caribbean, 1 for W. Europe & other, 2 for Africa, 2 for Asia. If a state is renewed 4 times, it becomes permament without veto. In time, the veto for the P-5 would be eliminated.