International Institutions in International Law

8/8/2019 International Institutions in International Law

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INTERNATIONAL ORGANIZATION

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UN Day 24 October


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INTERNATIONAL ORGANIZATIONS

Aninternational organization is anorganization with an

international membership, scope, or presence.

1.International nongovernmental organizations (INGOs)

Non-profit organizations Scout Movement, Red Cross

2. Intergovernmental organizations UN, WTO, EU

in

tern

ation

al organ

ization

s in

ter govern

men

tal Organ

ization

s

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EARLY DEVELOPMENTS

Treaty of Westphalia 1648

States voluntary making treaties

19th Century rapid development of international society.

The International Telecommunication Union(ITU) and Universal Postal Union(UPU)were founded in the 1860s.

The Hague Conference - 1899

UN

UN specialised agencies

Regional Organizations such as EU.

Intergovernmental organizations

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FUNCTIONS

Mostly promotional innature and in some cases operational innature.

Each institution having its own limited field of activity.

Their constitutions and rules explains the objectives, purposes andpowers.

Recommendatory innature

Each organization should possesses the totality of international rightsand duties recognised by international law, the rights and duties of anentity such as the organization must depend upon its purposes andfunctions as specified or implied in its constituent documents anddeveloped practice. ICJ 1949, 180.

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CHARACTERISTICS

International personality separate from its Members

Fin

an

ced by the Members

Permanent secretariats

1919 Versailles Peace Conference

The League of Nations was aninternational organization foundedas a result of the Treaty of Versailles in 19191920.

At its greatest extent from 28 September 1934 to the 23 February1935, it had 58 members.

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LEAGUE OF NATIONS

avoid a repeat of a devastating war, the League of Nations objective wasto maintain universal peace within the framework of the fundamentalprinciples of the Pact accepted by its Members : to develop cooperationamong nations and to guarantee them peace and security.

In spite of these early successes, the League of Nations did not manage toprevent neither the invasion of Mandchuria by Japan, nor the annexationof Ethiopia by Italy in 1936, nor that ofAustria by Hitler in 1938.

The powerlessness of the League of Nations to prevent further worldconflict, the alienation of part of its Member States and the generation ofthewar itself, added to its demise from 1940.

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UN

The onset of the Second World War suggested that the League had

failed in its primary purpose, which was to avoid any future world

war.

The United Nations replaced it after the end of the war and

inherited a number of agencies and organizations founded by the

League1919-1946

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UN

The United Nations (UN) is aninternational organization whose

stated aims are to facilitate cooperation ininternational law,

international security, economic development, social progress,human rights, and achieving world peace.

The UN was founded in 1945 after World War II to replace the

League of Nations, to stop wars betweencountries and to provide a

platform for dialogue.

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PERSONALITY

The primary test is functional.

Reparation case injury to UN Employees and consequent

claims no explicit provision dealing with personality ICJ drawpersonality from the whole Charter.

Criteria: a permanent association of states with lawful objects

equipped with organs;

Distinction of legal personalities between organization and its

members.

Existence of legal powers in the international plane.

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UN MEMBERS

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Presently 192 Members


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UN

Present Secretary General Banki-moon

The organization is divided into administrative bodies, primarily:

The General Assembly (the maindeliberative assembly);

The Security Council (decides certain resolutions for peace and security);

The Economic and Social Council (assists in promoting internationaleconomic and social cooperation and development);

The Secretariat (provides studies, information, and facilities needed bythe UN);

The International Court of Justice (the primary judicial organ).

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UN CHARTER

The charter

1 - PURPOSES AND PRINCIPLES

2 MEMBERSHIP

3 ORGANS

4 - THEGENERAL ASSEMBLY

5 - THESECURITY COUNCIL

6 - PACIFIC SETTLEMENT OF DISPUTES

7 Enforcement

8 Regional Arrangements

9 - INTERNATIONALECONOMIC ANDSOCIAL CO-OPERATION.

10 - THEECONOMIC AND SOCIAL

COUNCIL

11 - NON-SELF-GOVERNING

TERRITORIES

12 - INTERNATIONAL TRUSTEESHIPSYSTEM

13 - THE TRUSTEESHIP COUNCIL

14 - ICJ

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PURPOSES

To maintain international peace and security

To develop friendly relations among nations based on respect for theprinciple of equal rights and self-determination of peoples.

To co-operate in solving international economic, social, cultural and

humanitarian problems and in promoting respect for human rights

and fundamental freedoms.

To be a centre for harmonizing the actions ofnations in attaining

these common ends.

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PRINCIPLES

It is based on the sovereign equality of all its Members

All members are to fulfill i

ngood faith their Charter obligatio

ns

They are to settle their international disputes by peaceful meansand without endangering international peace and security and

justice.

they are to refrain

from the threat or use of force again

st an

y otherstate;

They are to give the UN every assistance in any action it takes inaccordance with the Charter;

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PRINCIPLES

States shall not assist States against which the UN is taking

preventive or enforcement action;

Nothing in the Charter is to authorize the UN to intervene in matters

which are essentially within the domestic jurisdiction of any state.

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MEMBERSHIP

A.2

Membership in the United Nations is open to all other peace-loving states which accept the obligations contained in the

present Charter and, in the judgment of the Organization, are

able and willing to carry out these obligations.

The admission of any such state to membership in the United

Nations will be effected by a decision of the General Assembly

upon the recommendation of the Security Council.

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GA

Composed of all United Nations member states, the assembly meets in

regular yearly sessions under a president elected from among the

member states.

When the General Assembly votes on important questions, a two-thirds

majority of those present and voting is required.

The Security Council is charged with maintaining peace and security

among countries. While other organs of the United Nations can only make'recommendations' to member governments, the Security Council has the

power to make binding decisions that member governments have agreed

to carry out, under the terms ofCharter Article 25.

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GA

Established in 1945 under the Charter of the United Nations, the

General Assembly occupies a central position as the chief

deliberative, policymaking and representative organ of the UnitedNations.

Comprising all 192 Members of the United Nations, it provides a

unique forum for multilateral discussion of the full spectrum of

international issues covered by the Charter.

It also plays a significant role in the process of standard-setting

and the codification of international law.

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FUNCTIONS AND POWERS

Consider and make recommendations on the general principles of

cooperation for maintaining international peace and security,

including disarmament;

Discuss any question relating to international peace and security

and, except where a dispute or situation is currently being

discussed by the Security Council, make recommendations on it;

Discuss, with the same exception, and make recommendations on

any questions within the scope of the Charter or affecting the

powers and functions of any organ of the United Nations;

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Initiate studies and make recommendations to promoteinternational political cooperation, the development and

codification of international law, the realization of human rights andfundamental freedoms, and international collaboration in theeconomic, social, humanitarian, cultural, educational and healthfields;

Make recommendations for the peaceful settlement of any

situation that might impair friendly relations among nations;

Receive and consider reports from the Security Council and otherUnited Nations organs;

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Consider and approve the United Nations budget and establish the

financial assessments of Member States;

Elect the non-permanent members of the Security Council and the

members of other United Nations councils and organs and, on the

recommendation of the Security Council, appoint the Secretary-

General.

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Pursuant to its Uniting for Peace resolution of November 1950

(resolution 377 (V)) [PDF], the Assembly may also take action if the

Security Council fails to act, owing to the negative vote of apermanent member, in a case where there appears to be a threat

to the peace, breach of the peace or act of aggression.

The Assembly can consider the matter immediately with a view to

making recommendations to Members for collective measures tomaintain or restore international peace and security (see "Special

sessions and emergency special sessions).

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FUNCTIONS

While the Assembly is empowered to make only non-binding

recommendations to States on international issues within its

competence.

To make recommendations for the peaceful settlement of any

situation, regardless of origin, which might impair friendly relations

among nations;

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SC

The Council is composed of five permanent members China, France,

Russian Federation, the United Kingdom and the United States and ten

non-permanent members (with year of term's end):

Belgium (2008) Indonesia (2008) South Africa (2008) Burkina Faso (2009)

Italy (2008) Viet Nam (2009) Costa Rica (2009) LibyanArab Jamahiriya

(2009) Croatia (2009) Panama (2008)

The General Assembly elected Austria, Japan, Mexico, Turkey and Ugandato serve as non-permanent members of the Security Council for two-year

terms starting on 1 January 2009. The newly elected countries will

replace Belgium, Indonesia, Italy, Panama and South Africa.

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SC

The Security Council has primary responsibility, under the Charter

for the maintenance of international peace and security.

When a complaint concerning a threat to peace is brought before

it, the Council's first action is usually to recommend to the parties

to try to reach agreement by peaceful means.

On many occasions, the Council has issued cease-fire directives

which have been instrumental in preventing wider hostilities.

It also sends United Nations peace-keeping forces to help reduce

tensions in troubled areas.

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SC

A Member State against which preventive or enforcement action

has been taken by the Security Council may be suspended from the

exercise of the rights and privileges of membership by the GeneralAssembly on the recommendation of the Security Council.

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FUNCTIONS

Under the Charter, the functions and powers of the Security Councilare:

to maintain international peace and security in accordance with theprinciples and purposes of the United Nations;

to investigate any dispute or situationwhich might lead to internationalfriction;

to recommend methods of adjusting such disputes or the terms ofsettlement;

to formulate plans for the establishment of a system to regulatearmaments;

to determine the existence of a threat to the peace or act of aggressionand to recommend what action should be taken;

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FUNCTIONS

to call on Members to apply economic sanctions and other measures not

involving the use of force to prevent or stop aggression;

to take military action against an aggressor;

to recommend the admission ofnew Members;

to exercise the trusteeship functions of the United Nations in "strategic

areas";

to recommend to the GeneralAssembly the appointment of the Secretary-

General and, together with the Assembly, to elect the Judges of the

International Court of Justice.

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SECRETARIAT

The United Nations Secretariat is headed by the

Secretary-General, assisted by a staff of

international civil servants worldwide.

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SECRETARY GENERALS OF

THE UN

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No. Name Country of origin Took office Left office Note

1 Trygve Lie Norway 2 February 1946 10 November 1952 Resigned

2 Dag Hammarskjld Sweden 10 April 1953 18 September 1961 Died while in office

3 U Thant Burma 30 November 1961 1 January 1972First Secretary-

General from Asia

4 Kurt Waldheim Austria 1 January 1972 1 January 1982

5Javier Prez de

CullarPeru 1 January 1982 1 January 1992

First Secretary-

General from South

America

6Boutros Boutros-

GhaliEgypt 1 January 1992 1 January 1997

First Secretary-

General from Africa

7 Kofi Annan Ghana 1 January 1997 1 January 2007

8 Ban Ki-moon South Korea 1 January 2007


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ECOSOC

Charter established ECOSOC as the principal organ to coordinatethe economic and social work of the UN and the specialized

agencies and institutions.

54 Members selected among Members

Functions:

To serve as the central forum for discussing internationaleconomic and social issues, and for formulating policyrecommendations.

To make studies and reccomendatons.

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ECOSOC

To promote respect for, and observance of, human rights and

fundamental freedoms.

To call international conferences ad prepare draft conventions for

submission to the GA.

To co-ordinate the activities of the specialized agencies

To consult with non-governmental organizations concerned withsubjects deal with the council.

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TRUSTEESHIP COUNCIL

Supervise the trust territories

5 perma

nen

t members

Redundant after 1994

Last country to become independent is Palau.

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ICJ

The International Court of Justice (ICJ), located inThe Hague,

Netherlands, is the primary judicial organ of the United Nations.

Established in 1945 by the United Nations Charter, the Court

beganwork in 1946 as the successor to the Permanent Court of

International Justice.

The Statute of the International Court of Justice, similar to that of

its predecessor, is the main constitutional document constituting

and regulating the Court

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ICJ

The ICJ is composed of fifteen judges elected to nine year terms by

the UN General Assembly and the UN Security Council from a list of

persons nominated by the national groups .

A Judge can be appointed for 9 years and can be re-elected.

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CURRENT COMPOSITION

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Name Country Position Elected Term End

Dame Rosalyn Higgins United Kingdom President 1995, 2000 2009

Awn Shawkat Al-

KhasawnehJordan Vice-President 2000 2009

Raymond Ranjeva Madagascar Member 1991, 2000 2009

Shi Jiuyong China Member 1994, 2003 2012

Abdul

. Koroma Sierra Leone Member 1994, 2003 2012

onzalo Parra Aranguren Venezuela Member 1996, 2000 2009

Thomas Buergenthal United States Member 2000, 2006 2015

Hisashi Owada Japan Member 2003 2012

Bruno Simma

ermany Member 2003 2012

Peter Tomka Slovakia Member 2003 2012

RonnyAbraham France Member 2005 2009

Sir Kenneth Keith New Zealand Member 2006 2015

Bernardo Seplveda Amor Mexico Member 2006 2015

Mohamed Bennouna Morocco Member 2006 2015

Leonid Skotnikov Russia Member 2006 2015


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DISPUTES

In contentious cases (adversial proceedings seeking to settle a dispute),

the ICJ produces a binding ruling between states that agree to submit to

the ruling of the court.

The key principle is that the ICJ has jurisdiction only on the basis of

consent.

Article 36 outlines four bases onwhich the Court's jurisdiction may be

founded.

First, 36(1) provides that parties may refer cases to the Court (jurisdiction

founded on "special agreement" or "compromis"). This method is based

on explicit consent rather than true compulsory jurisdiction.

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JURISDICTION

Second, 36(1) also gives the Court jurisdiction over "mattersspecifically provided for ... in treaties and conventions in force".

Most modern

treatiesw

ill con

tain

a compromissory clause,providing for dispute resolution by the ICJ.

during the Iran hostage crisis, Iran refused to participate in a casebrought by the US based on a compromissory clause contained inthe Vienna Convention on Diplomatic Relations, nor did it comply

with the judgment.

Third, Article 36(2) allows states to make optional clausedeclarations accepting the Court's jurisdiction.

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JURISDICTION

the Court may have jurisdiction on the basis of tacit consent (forum

prorogatum).

In the absence of clear jurisdiction under Article 36, jurisdictionwillbe established if the respondent accepts ICJ jurisdiction explicitly or

simply pleads on the merits.

The notion arose in the Corfu ChannelCase (UK v Albania) (1949) in

which the Court held that a letter from Albania stating that it

submitted to the jurisdiction of the ICJ was sufficient to grant the

court jurisdiction.

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LAW

International conventions establishing rules expressly recognized

by the contesting states.

International custom as evidence of a general practice accepted as

law

The general principle of law recognized by nations and;

Judicial decisions and the teachings of the most qualified scholarsof the various nations.

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ADVISORY OPINION

Anadvisory opinion is a function of the Court open only to specified

United Nations bodies and agencies.

In principle, the Court's advisory opinions are only consultative in

character, though they are influential and widely respected.

Whilst certain instruments or regulations can provide in advance that the

advisory opinion shall be specifically binding on particular agencies or

states, they are in

heren

tlyn

on-

bin

din

g un

der the Statute of the Court.

An advisory opinion derives its status and authority from the fact that it

is the official pronouncement of the principal judicial organ of the United

Nations.

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ICC

A related court, the International Criminal Court (ICC), began operating in

2002 through international discussions initiated by the General Assembly.

The International Criminal Court (ICC) is an independent, permanent court

that tries persons accused of the most serious crimes of international

concern, namely genocide, crimes against humanity and war crimes. The

ICC is based on a treaty, joined by 108 countries.

It is the first perma

nen

t in

tern

ation

al court chargedw

ith tryin

g thosew

hocommit the most serious crimes under international law, including war

crimes and genocide.

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ICC

The ICC is functionally independent of the UN in terms of personnel and

financing, but some meetings of the ICC governing body, the Assembly of

States Parties to the Rome Statute, are held at the UN.

There is a "relationship agreement" between the ICC and the UN that

governs how the two institutions regard each other legally.

The ICC is a court of last resort. It will not act if a case is investigated or

prosecuted by a national judicial system unless the national proceedings

are not genuine, for example if formal proceedings were undertakensolely to shield a person from criminal responsibility.

addition, the ICC only tries those accused of the gravest crimes.

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THANK YOU

KDR/IIT KGP/RGSOIPL/-2008

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Documents

International Institutions in International Law