International Law and Organization Where does International Law

International Law and Organization Where does International Law come from and what do International Organizations do?

So, where does international law come from? The answer also describes what it is. • Treaties: States essentially sign agreements or contracts that act as promises. • Custom: Repetitive interactive behavior that becomes seen as normal and legitimate guidelines for future behavior. • General Principles of Law: Violations of what is seen as ethical, moral, or other law. • Legal Scholarship: Precedence of past cases.

Distinct Problems of these sources • What moral code could be used as a basis of law? Who decides? • What is so legitimate about Custom, it would seem to be biased toward the status quo. Is that just? • Regarding legal scholarship, what are the deeper philosophical roots of this scholarship. Is it arbitrary or linked to specific theories, philosophies or cultures?

Even if the law is non-contentious, what about enforcement? • If there is no world government, no higher authority, how can there be legitimate international law? • Even if international law is recognized, how is it enforced? • At some point, international law faces the problem of sovereignty. What do states do when they wish to enforce international law when the state in violation has the right to object?

Why cannot the United Nations enforce international law? Most treaties are deposited with the UN or similar organizations. Considering that the UN, or any other IGO, do not have the authority to enforce international law, it is up to the states to do so. However, there is no clear legal basis for states to legitimately enforce international law. It would seem that it would be reasonable that states enforce international law, but the issue of sovereignty and problems of facts, perceptions of the facts, and interpretations of the law produce lack of clear, unproblematic right for states to intervene.

If states do enforce international law, what does this mean? • Punishment: Does the intervening state simply dole out whatever punishment it wishes. In other words, jump to punitive measures before a trial of guilt? • Of course, the World Court can be used for countries to sue other countries. Can they do this over each other’s internal politics?

A main problem for the World Court, or states that wish to use it as an effective mechanism of international law and justice, is that states can ignore it just about as they wish. Though World Court is a part of the UN, and that the UN is the sponsor and creator of several treaties in areas such as human rights, many states do not claim the Court has jurisdiction over them and can legitimately opt out using the “Optional Clause. ” Today the United States actively works to make sure other countries do not attempt to sue the US over policies included in War on Terrorism, such as invading Iraq.

Can International Law operate as domestic law inside countries? Can it ever be legitimate and not just the will of the status quo major powers such as the United States or France? What is the basis of this legitimacy? From where does it spring?

International Organizations

Basic Facts about IOs • States are members of IGOs • States are not members of NGOs • There are over 1, 000 IGOs • There are over 30, 000 NGOs • IGOs can have one function or many • NGOs usually have one function, like Red Cross

NGOs • More specialized in function than some IGOs • Funding and participants are citizens from many countries with similar interests, such as Doctors Without Borders, Green Peace, Red Cross, etc. • Not all NGOs are directly interested in politics and instead focus on culture, recreation, etc. • More focus on IGOs than NGOs, but NGOs can be important such as Amnesty International or Green Peace in affecting countries policies or behavior.

Goal of IGOs • Foster cooperation in specific areas – Peace, economics, education, health, culture. • Help enforce or verify treaties or other state agreements • Help resolve conflicts and disputes – arbitration, mediation, adjudication, peace-keeping • Help spread norms such as democracy, capitalism, environmentalism, or human rights.

v Some IGOs are very successful: NATO, European Union, IMF, and many mundane organizations in Europe, especially Scandinavia. v Others have moderate success: Mercosur, Southern Africa Development Cooperation (SADC), Organization for African Unity, Arab League v Others have not been successful: South Asian Area of Cooperation (SAARC), Andean Group, etc. v Some IGOs are not very political: African Groundnut Council, others such as OPEC are highly contentious.

What does the UN do? • Multiple function: Peace, Development, Literacy, Health, Human Rights, Labor Relations, etc. • IMF, WTO, World Court, and many other organizations are actually part of UN system. • Thus, too simple to say that the UN is effective or not and it more depends on the topic.

Structure of UN • General Assembly: Almost all states represented • • • and one vote each. Security Council: 15 members, five permanent with veto power, other ten rotate for 5 year terms with no veto power. Secretariat: Administrative body of UN headed by Secretary-General, current Kofi Annan. Staffed with international bureacuracy. Other UN agencies and programs including UNICEF (UN Children’s Fund), IAEA, World Health Organization (WHO), etc.