International Law: Unit 3
International Organizations
Mr. Morrison
Fall 2005
United Nations

Principal organs






Fall 2005
General Assembly
Security Council
Secretariat
Economic and Social Council
International Court of Justice
[Trusteeship Council]
Unit 3: International
Organizations
2
UN: General Assembly
Chapter IV; arts. 9-22


Each Member has one vote
Powers mostly to recommend



Note the “weak” verbs—”consider,”
“recommend” etc.
Direct authority over budget (art. 17),
elections to Security Council, etc.
2/3 vote on “important” questions (art.
18)
Fall 2005
Unit 3: International
Organizations
3
Additional authority of GA

Declarations can help form kernel of
new international law




By reciting rules as existing law
By providing touchstone for judging
subsequent State practice
By creating “soft law” expectations
Moral (diplomatic) authority of broad
consensus
Fall 2005
Unit 3: International
Organizations
4
UN: Security Council
Charter, chapters V-VII, arts. 23-51 (-52)



5 permanent members; 10 others
Powers to take decisions (see arts. 39, 41,
42, etc.) and to use force
Voting:

Substantive questions require 9 votes, including all
permanent members


Procedural questions require 9 votes

Fall 2005
Abstention doesn’t create a veto
“Double veto”: Whether question is procedural is a
substantive question.
Unit 3: International
Organizations
5
SC: Substantive Powers



Chapter VI (arts. 33-38): Pacific
Settlement of Disputes
Chapter VII (arts. 39-51): Actions with
Respect to Threats to the Peace,
Breaches of the Peace, and Acts of
Aggression
Also some powers in respect to regional
peacekeeping (art. 52)
Fall 2005
Unit 3: International
Organizations
6
SC: Additional powers



Admission of members (art 4(2))
Selection of ICJ judges (ICJ Stat.)
Selection of Secretary-General (art.97)
Fall 2005
Unit 3: International
Organizations
7
UN: Secretary-General
Charter, arts. 97-101

“Chief administrative officer” (art. 97)


Responsible for administrative operations
of the organization
Beginning with Dag Hammerskjold
incumbents have played a large role in
leadership on issues

Fall 2005
Break with tradition of League of Nations
Unit 3: International
Organizations
8
UN: Economic & Social Council
Charter, Chapters IX-X, arts. 55-74



Chapt. IX sets out principles, Chapt. X
organizes Council (ECOSOC)
27 Members (States) elected for 3 years
Functions:

Oversees a variety of programs


Including Human Rights, Drug enforcement
Regional Economic Commissions

Fall 2005
ECE important in environmental issues (!)
Unit 3: International
Organizations
9
UN: Other principal organs

International Court of Justice (Ch. XIV,
arts 92-92)



Has separate Statute
Will be discussed in a later Unit
Trusteeship Council (Chs. XII-XIII, arts.
75-91)

Fall 2005
Now obsolete
Unit 3: International
Organizations
10
UN: Types of operations

Departments


Programs


E.g., Legal affairs, management, etc.
Established by GA or ECOSOC and
reporting to them
Security Council operations

Fall 2005
Reporting to SC
Unit 3: International
Organizations
11
UN: Types of operations

Specialized Agencies



Separate international organizations, with
own charters, finances, organizational
structures, but cooperating with UN
Some, e.g., “World Bank Group” more
independent that others
Related organizations

Fall 2005
Even more independent (e.g., WTO, IAEA)
Unit 3: International
Organizations
12
UN: Types of operations

Many international functions are “under
the umbrella,” but not “in the house.”


Fall 2005
UNCLOS
ICC
Unit 3: International
Organizations
13
Other international
organizations

Many global, regional international
organizations


General principle: No powers beyond
those expressly delegated
Typical organization




Fall 2005
Assembly of Members (meets every 2-3 years)
Council
Secretariat
Expert commissions
Unit 3: International
Organizations
14
Non-governmental
organizations (NGO’s)


Had no role in traditional international
law
Have a variety of aims and purposes




Fall 2005
Public good
Private profit
Personal advantage
May or may not be “representative”
Unit 3: International
Organizations
15
NGOs

Influences of NGOs

“Lobbying” on issues




Fall 2005
At international conferences, meetings
At national government level
Expertise, clearinghouse
Direct communication between interested
parties in different States
Unit 3: International
Organizations
16