Lecture 4 - International Law and International...

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: International Law and International Organization TODAY 1. Cooperation International law International organization 2. 3. COOPERATION WHY COOPERATE? The stag hunt analogy To coexist with others To reduce tensions To avoid greater evils To serve the national interest To achieve the collective good Yet, cooperation... ... isn't (necessarily) a first choice ... isn't (necessarily) enthusiastic Presidents Nikita Khrushchev and John F Kennedy HOW TO COOPERATE Diplomacy International law International organization President Barack Obama and Prime Minister Stephen Harper John Bolton, former US ambassador to the UN was notorious for being undiplomatic Presidents Hu Jintao and George W Bush COOPERATION & GLOBALIZATION: ACHIEVING GLOBAL GOVERNANCE Government vs. governance Predictability Principles & rules ""Governancefor a Governance for a world without world world without world government", government", Spiegel et al., p. Spiegel et al., p. 509 509 International law & organization INTERNATIONAL LAW SOURCES OF INTERNATIONAL LAW Customs Treaties The signing of the Peace of Westphalia Court decisions & legal scholarship General principles of law THE ORIGINS: MORAL FOUNDATION FOR INTERNATIONAL LAW At first: about war & peace Hugo Grotius, De mare liberum and De jure belli ac pacis Natural law Mutual recognition A society of states 1583-1645 Today: every conceivable issue Today: every conceivable issue Crime Crime Diplomatic relations Diplomatic relations Environment Environment Human rights Human rights Trade & finance Trade & finance Arms control Arms control ... and more ... and more WHEN IS WAR LEGAL? JUS AD BELLUM Legality Procedures & conditions specified in treaties concerning the use of armed force by states Legitimacy Political & moral justifications to operate outside the law & recognized by others vs. Legality vs. legitimacy The United Nations Security Council's role Preservation of "international peace and security", UN Charter, Ch. VII WHAT IS LEGAL DURING WAR? JUS IN BELLO Four Geneva Conventions 1) 2) 3) 4) 1864, 1907: wounded combatants & the sick 1929: conditions of war prisoners & the shipwrecked 1949: rights of prisoners of war & the shipwrecked 1949: protection of civilians in war Judicial organ responsible: the International Criminal Court (ICC) The development of CIA torture methods: http://www.cbc.ca/thecurrent/media/200512/20051220thecurrent_sec2.ram ENFORCING INTERNATIONAL LAW: THE INTERNATIONAL COURT OF JUSTICE Main international judicial organ Tries states Members: same as UN* Compulsory jurisdiction Reservations 15 judges elected for 9 years by 15 judges elected for 9 years by simple majority by: simple majority by: -- UN General Assembly UN General Assembly -- UN Security Council UN Security Council In separate votes In separate votes ENFORCING INTERNATIONAL LAW: THE INTERNATIONAL CRIMINAL COURT Effective July 1, 2002 Tries natural persons Areas of jurisdiction 18 judges elected for 9 years by 18 judges elected for 9 years by the Members of the ICC by 2/3 the Members of the ICC by 2/3 majority. majority. Crime of genocide Crimes against humanity War crimes (committed during war) Crime of aggression (starting a war)* Subsidiarity principle SPECIAL TRIBUNALS & DISPUTE RESOLUTION MECHANISMS Two special tribunals International Criminal Tribunal for the former Yugoslavia International Criminal Tribunal for Rwanda Ad hoc panels Ex. 1: North American Free Trade Agreement Ex. 2: World Trade Organization Treaties can include their own dispute resolution mechanisms or refer disputes to another body THE PROBLEM OF ENFORCEMENT Ch. I, art. 2(1), the basic rule stated Domestic vs. international law Goodwill of states National interest State power Public opinion INTERNATIONAL ORGANIZATION A.k.a. intergovernmental organization A.k.a. international institution A DEFINITION "formal arrangement transcending national boundaries that provides for the establishment of institutional machinery to facilitate cooperation among members in security, economic, social or related fields", Plano and Olton quoted in Sens and Stoett, Global Politics, p. 153. TYPES Public or private Multipurpose, universal Multipurpose, regional Functional (specialized) Special case: supranational organization SUSTAINED & INSTITUTIONALIZED COOPERATION The difference with international law Management of complex relations Features Features Permanent contacts, channels for - A moral person - A moral person - Created by cooperation & negotiations - Created by implementation of existing treaties acting as mediator organizing summits treaty* treaty* - Headquarters - Headquarters - Public service - Public service - State delegates - State delegates - Regular sessions - Regular sessions * If it is a public international * If it is a public international organization (see previous organization (see previous EARLY ORGANIZATIONS The Central Commission for Navigation on the Rhine (1815) The International Postal Union (1874) International Telecommunications Union (1865) International Office of Weights and Measures (1875) The League of Nations (1919) THE UNITED NATIONS Objective Lessons from the League Two-tier membership Mechanisms: mediation & collective security The very model of a multifunctional, universal international organization GENERAL ASSEMBLY 192 members A kind of parliament States, large & small, rich & poor The meaningfulness of GA resolutions Prime Minister Stephen Harper addressing the General Assembly SECURITY COUNCIL Purpose 5 permanent members (P-5) 10 non-permanent members Contested membership Current US ambassador to the UN Susan Rice In office 2007-- SECRETARIAT & THE SECRETARY GENERAL Ban Ki-moon Daily running of the organization Headed by the Secretary General Appointed by the General Assembly on recommendation of the Security Council The Secretary-General's status PROBLEMS General problems number of employees & complex procedures money (salaries, perks, etc.) lack of cooperation in Security Council Specific problems Oil for Food Program (1990s) Libya as chair of the Human Rights Commission (2003) Sexual abuse & forced prostitution by UN IS THE UN "INEFFECTIVE"? A common criticism Often repeated during the Bush, Jr., years ... by American conservatives ... and their philosophical kin in other Western countries a persistent criticism 1. 2. Two dimensions Administration (management, complexity, salaries, etc.) Cooperation at the Security Council CONCLUSIONS States cooperate through multiple channels They formalize cooperation in international law They institutionalize cooperation in international organizations But states retain their sovereignty to act in their interest NB: try not to be too cynical! APPENDIX: DIFFERENT UN SECURITY COUNCIL REFORM PROPOSALS Model A (24 seats) 5 permanent members with veto 6 new permanent without veto* 13 non-permanent *1 for Europe, 1 for the Americas & Caribbean, 2 for Africa, 2 for Asia Blue Model (20 seats) 5 permanent members with veto 3 non-permanent for 3 or 4-yr term* 12 non-permanent* * Renewable or not (not determined yet) Model B (24 seats) 5 permanent members with veto 8 non-permanent renewable (4-yr term) 11 non-permanent Regional Model (25 seats) 5 permanent members with veto 10 permanent without veto according to regions* 10 non-permanent * Choice of regional member to be decided by states from those regions Green Model (20 seats) 5 permanent members with veto 15 non-permanent renewable Panama Proposal (21 seats) 5 permanent members with veto 6 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. ...
View Full Document

This note was uploaded on 01/31/2012 for the course POL 2107 taught by Professor Bourgault during the Spring '08 term at University of Ottawa.

Ask a homework question - tutors are online