INTERNATIONAL LAW

AND ORGANIZATION

Where does International Law come

from and what do International
Organizations do?
 SO, THE ANSWER 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?
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.
 Some IGOs are very successful: NATO, European
Union, IMF, and many mundane organizations in
Europe, especially Scandinavia.

 Others have moderate success: Mercosur, Southern

Africa Development Cooperation (SADC), Organization
for African Unity, Arab League

 Others have not been successful: South Asian Area

of Cooperation (SAARC), Andean Group, etc.

 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 bureaucracy.
Other UN agencies and programs including
UNICEF (UN Children’s Fund), IAEA, World
Health Organization (WHO), etc.