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125 Cards in this Set
- Front
- Back
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Early History of IOs |
1800 - 1850s Administrative unions Mostly focused on transportation, communication Global examples: Intl Telegraphic Union (1865) Universal Postal Union (1874) |
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What was the major breakthrough in IOs? |
Treaty of Versailles (1919) Ended WWI -- (although peace treaty took another 6 months) Formation of the League of Nations and ILO |
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How was LoN different from previous IOs? |
Peace and Collective Security Functional Cooperation |
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What was scope of LoN's functions? |
- technical, political, military, humanitarian - geography (bilateral, regional and global relations) |
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What is an IO? |
association of states (and other IOs) to achieve common goals |
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Criteria for IOs |
1. Established by an international treaty (a treaty governed by international law) 2. Membership confined to states, IOs (subjects of intl. law) 3. States delegate some of their sovereignty to IO 4. Has some institutional/organizational structure 5. Organs have distinct will |
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Subject of law (definition) What are the traditional subjects of intl law? |
A person/entity that holds rights and obligations, necessary to perform legal transactions States are the traditional subjects of intl law. |
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What was the Jurisdiction of the Danube Commission, PCIJ 1926? |
The European Commission is not a state, it's an IO so it has the functions bestowed on it by its constitutive treaty. |
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Example of IOs without legal personality under int'l law? |
OSCE |
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What are 5 components of constituent treaty? |
1. Principles, purposes, objectives 2. Membership 3. Institutional structure 4. Decision-making + Treaty-making 5. Int'l status |
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What is legal personality? |
To have legal personality means to be capable of holding legal rights and obligations within a certain legal system, such as entering into contracts, suing, and being sued. For IOs, this means being able to sign int'l treaties in its own name. |
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What are implied powers? |
IO possesses the legal personality necessary to fulfill its functions pursuant to constituent treaty |
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What is the most important "tool" for IOs to act? |
Treaty-making capacity IOs have to have legal personality to conclude treaties |
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What was the significance of the ICJ reparation case? |
There are types, other than statehood, of international legal personality that can exist (IOs, NGOs) |
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Attributed powers |
are specified in the constituent treaty as a result, IOs can only do those things for which they are empowered by the member/founding states |
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Why are implied powers necessary? (2 reasons) |
1. Allow you to assess legal personality/capacity 2. Determine the extent of powers of IO and its organs |
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What is effet utile? |
Treaty interpretation |
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What is treaty interpretation? |
rules in an int’l treaty presuppose the rules without which that treaty would have no meaning or could not be reasonably and usefully applied |
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How do you infer implied powers? |
from the functions and overall objectives and purposes of the IO concerned |
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What are the two problems with implied powers? |
1. exercise of powers -> legal personality; legal personality -> exercise of powers 2. very broad, who determines implied powers? legal uncertainty |
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Which approach to implied powers prevailed? |
broad approach: implied powers are inferred from the IO's functions and overall objectives and purposes |
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Implied powers - certain expenses example |
ICJ opinion in 1963 regarding the power of the UN to establish peacekeeping troops |
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ICTY Prosecutor v. Dusko Tadic (1995)- Tadic and his argument |
Tadic - Bosnian Serb former military Appealed guilty ruling in ICTY on the grounds of the court's illegitimacy Argument based on the separation of powers and SC did not have authority to create a judicial branch |
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ICTY v. Tadic (1995) questioned legality of establishment of ICTY in three ways: |
1. Did SC exceed its assigned powers? 2. ICTY as judicial sub-organ 3. ICTY as inappropriate measure |
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In general, 3 types of IO organs: |
Plenary Organ Executive Organ Secretariat |
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Composition of Plenary Organ |
1. every member state represented; comprehensive power 2. regular meetings 3. plenary organ people represent member state government 4. composition changes based on nature of agenda |
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Executive organ: |
usually limited composition; enforcement powers |
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Secretariat |
monocratic composition (1 person rule), administration, represents IO in external relations |
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Examples of Plenary Organs |
UN General Assembly EU Council of Ministers General Conference of IAEA |
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Exception to rules on Plenary Organs |
ILO Representatives - 2 are government delegates, 1 rep for employers and 1 rep for works -> not all govt. reps |
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Functions of Plenary Organ |
1. General competence for matters within IO's powers 2. Prescribes general policy and establishes standards (for technical IOs) 3. Decisions on internal functioning of IO (especially $$$) 4. Powers of supervision (organs report to them) 5. Sometimes they have law-making capacity (EU Council of Ministers) |
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Characteristics of Executive Organ |
1. Limited composition -> efficiency, effectiveness 2. Permanent members with preferential voting rights (UNSC, weighted voting in World Bank) 3. Representation based on other criteria: (Georgraphy - UN; $$$ - IMF) 4. Meets more regularly, on short notice 5. Tasks depend on the IO 6. Comprehensive tasks (EU commission) |
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Administrative Organ characteristics |
1. Secretariat, monocratic structure (SG, Director) 2. Impartial exercise of functions (UN Charter Art 100 (1)) 3. Little or no representation 4. Geographic distribution for recruiting staff (UN) 5. Adminsitrative function |
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Administrative function (definition) |
- preparation and proper conduct of meetings of organs - coordination of the work of other organs - budget - preparation and administration - distribution of information of IO (public relations) |
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Importance of Administrative Organ |
1. important role beyond administration, also quiet diplomacy, mediation 2. Head of administration represents IO in external relations 3. Influences agenda of other organs, can intervene, make proposals |
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Judicial organs characteristics |
1. Typically not a main organ (exception: ICJ or with a highly integrated IO like EU) 2. No compulsory jurisdiction 3. Subsidiary organs - labor, staff disputes 4. Decide disputes between staff and IO |
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Examples of judicial organs as subsidiary organs |
UN: Dispute and Appeals tribunals ILO: Administrative tribunal WB: Administrative tribunal |
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Other organs might include: (3) |
1. (Quasi)- Parliamentary organs- EP 2. Subsidiary organs (UN GA/SC can establish new organs as necessary for its functions) 3. Expert bodies (ICTY, UNAT, UNCITRAL) |
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UNCITRAL |
Commission that formulates and regulates international trade in cooperation with the World Trade Organisation. |
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UNAT |
UN appeals tribunal established by the General Assembly to review appeals against judgments rendered by the United Nations Dispute Tribunal (UNDT). |
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What is issue with creating other organs? |
limits of competence |
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Hierarchy among IO organs |
Nomutual interference in activities Noseparation of powers but functions Inpractice, one organ stronger (more important) than othersIssueof judicial review |
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Definitionof judicial review: |
a procedure by which a court can review an administrative action by a public body and secure a declaration, order, or award. |
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What are sources of international law? |
treaties, international customs, general principles of law as recognized by civilized nations, the decisions of national and lower courts, and scholarly writings. |
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What does international law produce? |
rules and principles regulating the international community |
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Secondary legislation |
law made by an executive authority, who has this power based on primary legislation, to implement and administer requirements to primary legislation SC and UN Charter |
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Votingrequirements depend on: |
IO, organ, subject-matter
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Possible voting requirements may include: |
Unanimity, majority, relative, absolute, qualified, consensus, special privileges (weighted voting, veto rights)
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Characteristicsof Unanimity: |
- typical of primitive societies - earliest form of voting (League of Nations) -now, still utilized by OECD, OPEC, Council of Europe |
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Dis/advantagesof unanimity: |
Disadvantages: -tedious decision-making, long discussions -watered-down compromises (LCD) Advantages: - broad and inclusive participation (especially important when decision isbinding) -easier to implement decisions |
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When is unanimity useful? |
When decision is binding because it focuses on broad, inclusive participation |
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Relativemajority: |
circumstance when a proposition polls more votes than any other, but does not receive a majority. |
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Absolute majority: |
a majority over all rivals combined; more than half. |
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Qualified majority: |
- A majority in a vote that reaches a preset threshold value larger than 50%. - A qualified majority is often required instead of a simple majority for reaching a decision in particularly important matters such as modifying by-laws in an association. |
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Dis/advantages of majority voting: |
Disadvantages -vs. minorities -danger of exclusion Advantages -faster,more efficient decision-making -clearer formulationskey |
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About consensus |
-developed in wake of decolonization and increased membership in IOs -int’l conferences use it mostfrequently -implies package deals |
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Definitionof consensus according to UN Office of legal affairs: |
“adoption of a decision without formal objections and vote;this being possible only when nodelegation formally objects to a consensus being recorded, though somedelegations may have reservations to the substantive matter at issue or a partof it” |
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Dis/Advantagesof consensus: |
Advantages:
- agreement by all states involved - no explicit disapproval (promotes legitimacy) - minority interests taken into account Disadvantages: - negotiations behind closed doors - watered down compromises |
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Aboutweighted voting |
- gives a privileged position to individual members - weighing by different factors: (population, $$$) |
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Whouses weighted voting? |
EU, IMF, World Bank
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Dis/Advantagesof Weighted Voting: |
Advantages: - faster, more efficient decision-making - more effective fulfillment of functions
Disadvantages: - undermining sovereign equality - risks sidelining weaker states |
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AboutVeto Rights: |
- prevents decision-making
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WhichUN Charter Article specifies veto right?
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Article 27
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Article27 UN Charter |
- each SC member has 1 vote - SC decisions on procedural matters need vote of 9 members - all other matters require 9 members + P5 |
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Article27(3) abstention -> |
concurrent vote
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ICJNamibia Opinion 1971: |
- Members of SC have always interpreted abstention as not barring the resolution - i.e. only a NO vote counts negatively |
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IOsuse binding decisions: |
for household matters (internal functioning, budget, membership, rules of procedure)
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Thedecisions IOs make on household matters: |
are general/abstract norms that are binding for all
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Twotypes of decisions by IOs and whether they are binding/non-binding: |
- household matters, general abstract norms are binding - general recommendations are non-binding |
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Legaleffects of resolutions depend on: Examples: |
constituent treaties Art 25, 17 UN Charter |
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Howto identify legal effect in UN and according to whom: |
- terms of the resolution - discussions leading up to it - Charter provisions invoked - all circumstances that may help determine legal consequences |
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ICJKosovo Opinion 2010 |
- SC resolutions and UN treaties are drafted through different processes - interpreting SC resolutions may require consulting other sources than the resolution text itself |
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IOInternal Law two aspects: |
- relationship between/among organs - relationship between IO and staff |
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Differencebetween external and internal law: |
external – binding outside IO (on states, individuals, etc) internal – legal effect within IO, not (necessarily) binding for states
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Internationaladministration law definition and examples: |
- separate body of international law (employment law) - examples: staff regulations (GA), staff rules (Secretary General), case law (administrative tribunals) |
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Cana judicial organ review the activities of other (main) IO organs? |
- depends on constituent treaty - in EU there are express provisions - in UN this is unsettled question |
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Whenhas ICJ exercised “incidental review”? |
Namibia, UNAT – always in favor of other organ
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Whatis an internal justice system used for? – |
labor/employment disputes
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Howis membership in an IO defined? |
- technically by the constituent treaty but usually involves some political considerations (especially opinions of original/founding members)
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Whoare original IO members? – negotiating parties that have become members |
- others have to follow admission procedures - conditions may include requirements of statehood (which is problem) |
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Howis IO admission decided? |
- substantive criteria and procedural rules developed by each IO
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Whocan apply for membership? |
- states or other entities (IOs, territories) - open/closed IOs (regional, functional) |
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IOadmission procedure: |
- application - assessment of qualifications - co-decision by plenary |
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Criteriafor UN Membership |
- Art 4 – open to all peace-loving states that abide by Charter
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Examplesof functional criteria for IO admission: |
- WMO – need meteorological society - WTO – states with customs territory with full autonomy - OPEC – export petroleum |
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Examplesof regional criteria for IO admission: |
- Arab League – open to any independent Arab state - EU: principles of liberty, democracy, respect for human rights and fundamental freedoms, and the rule of law - ASEAN – geographic location in Southeast Asia, recognized by all members, abides by ASEAN charter, ability and willingness to carry out charter - EU – prescribed terms of admission |
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UNAdmission procedure: |
- SC recommendation necessary condition (according to ICJ)
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EUAdmission procedure (3): |
Council (consultation of commission)
+ Assent of parliament + Ratification of accession agreement |
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OtherIO admission procedures |
- (qualified) majority decision by plenary (WHO, FAO, ICAO)
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Whatis associate membership? |
- limited (procedural and substantive) rights leading to full membership later (FAO, WHO: entities not fully independent states)
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Whatare some other forms of membership? |
- associate membership - partial membership - observer status (PLO in UN, Palestine and Holy See are non-member observer states) - relationship agreements (specialized agencies or with other IOs like ICC) |
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Howis state expelled from UN? |
- If state violates the Charter principles - expelled by GA upon recommendation of SC |
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Doesstate succession lead to IO succession? |
No, need to follow admissions process again - USSR -> Russian Federation was special case, continuation of same political entity |
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Suspensionfrom IO in World Bank, UN, OAS: |
- WB- if member fails to fulfill obligations, need a majority of governors - UN – if member fails to pay contributions for 2 years -> no vote in GA (GA makes individual decisions if it is out of member’s control) - OAS – if member government suffered coup can be suspended |
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Withdrawal: |
- governed by treaty - WB – member gives notice, withdrawal begins the day notice was received |
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IOFinancing |
- usually through membership feeds - compulsory contributions (UN Charter Art 17) - other sources: - voluntary contribution (peacekeeping, humanitarian assistance) - observer contributions - $ for services provided - financial institutions: money lenders - sales (UNICEF stamps) |
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EUresources: |
- GNI (around 0.7 %) of each member state's gross national income (GNI) – 70% - VAT (0.3%) accrue to EU – 12% - Customs duties and agricultural levies – 11% - Other resources (eg deductions from EU staff salaries, bank interest, fines and contributions from non-EU countries) – 7% |
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UNBudget: |
- member contributions based on: GNI, external debt, per capita income - upper and lower limits – upper limit is 22%, LDCs = 0.01% - non-regular expenditures (peacekeeping funds, programs) outweigh regular organization budget - specialized agencies (IAEA, UNIDO, WHO, FAO) have own budget - biennial budget periods |
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Top10 UN contributors 2016-2018 |
1. US 2. Japan 3. China 4. Germany 5. France 6. UK 7. Brazil 8. Italy 9. Russian Federation 10. Canada |
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Top 20 countries in UN donate ____% while the other 173 countries contribute ___% |
Top 20 countries in UN donate 84% while the other 173 countries contribute 16%.
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Basic issues with responsibility of IOs |
Who is responsible? IO? Member state? Host state? |
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Responsibility IO - Member state based on: |
constituent treaty secondary treaty law (resolutions, decisions) |
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Responsibility IO - non-member state issues: |
piercing of institutional veil? issue of recognition |
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What is an example of a problem of attribution? |
Peacekeeping missions Human rights violations Who exercised effective control? sending country? Org? |
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Diplomatic responses to a dispute with IO |
withdrawal from IO withdrawal of IO from host country |
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dispute IO and member state -> |
no judicial remedy |
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dispute IO and host country - |
dispute settlement clause in HQ agreement ad hoc arbitration ex. 3 arbiters in Austria (one from foreign ministry, one from UN DG, and one chosen by those two) |
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What is a host state? |
State where IO has its seat |
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Is host state necessarily a member? |
No |
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host state or HQ agreement = |
int'l treaty |
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HQ agreement is: |
an agreement on the relationship between IO and host country |
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Main components of HQ agreement: |
1. legal position 2. activity of IO in host state 3. relations between host state and member states (privileges and immunities of member state representatives) |
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Legal position of IO in host state: |
1. personality under municipal law 2. privileges and immunities of the IO 3. facilities and premises 4. security arrangements, jurisdiction |
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Immunity definition |
Exemption from the exercise of jurisdiction |
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Immunity of whom? |
IO staff member state delegates |
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Vienna Convention on Consular Relations Article 41 |
“Consular officers shall not be liable to arrest or detention pending trial, except in the case of a grave crime and pursuant to a decision by the competent judicial authority”. |
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General Convention on Privileges and Immunities regarding on staff immunity: |
Staff of IOs are only immune if the crime was carried out in the name of their duties |
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IOs enjoy _____________ in host state |
IOs enjoy absolute immunity in host state (as a rule) |
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inviolability (definition and examples) |
exemption from factual measures of jurisdiction examples: tax exemption, no customs |
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premises/compound and assets of the IO are ____________ examples: |
premises/compound and assets of the IO are inviolable - host state authorities can only enter premises with permission - property and assets cannot be subject to search - it is the duty of the host state to protect the seat |
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sources of immunity/inviolabilities |
- constituent treaty, constitution - multilateral treaties (Convention on the Privileges and Immunities of the UN, 1946) - headquarters agreement |
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Convention on the Privileges and Immunities of the UN (key provisions) |
- juridical personality of UN - UN premises inviolable, no searching - UN tax exempt - Diplomatic immunity of mail - Function immunity of delegates - recognition of UN travel book |
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Highest levels of staff have ____ immunity. Other staff members have _____ immunity. |
Highest levels of staff have absolute immunity. Other staff members have functional immunity. |
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Member state delegations have ____ immunity in host state. |
Member state delegations have diplomatic/absolute immunity in host state. |
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Can immunity and inviolability be waived? |
Yes but never happens |
