international institutions in international law
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INTERNATIONAL ORGANIZATION
1KDR/RGSOIPL/2008
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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FUNCTIONS AND POWERS
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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FUNCTIONS AND POWERS
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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FUNCTIONS AND POWERS
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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