International Law

• The realist view:

– No enforcement, therefore no law

• The liberal view:

– A well-developed system of law

– Similar to domestic law

– Has been around for centuries

– Most states follow most rules most of the time

• The critical view

– IL reinforces the status quo

Why Follow IL?

• States make law to benefit themselves

• The ability to commit yourself

– Contracts and lawsuits

• Functional reasons

• Long-term interest in a law-governed system

Sources of IL

• Treaties

– Treaties, agreements, conventions, protocols

– Negotiation, signing, ratification

• Customary international law

– Practices of states

– How do we know?

• Statements by political leaders

• Writings of legal theorists

• Judgments of international tribunals

– Hard law vs. soft law

• Common principles of law

Principles of Customary IL

• Sovereignty

– International personhood

– Sovereign equality

– Non-interference in domestic jurisdiction

• Non-use of force

• Self-determination of peoples

• International cooperation

• Human rights and non-discrimination

Enforcement of IL

• Embarrassment

• Arbitration

• Domestic court

• Retaliation in kind

• Collective enforcement

• Individual enforcement

The UN - Antecedents and Creation

• Antecedents to the UN:

– The Concert of Europe

– The League of Nations

• The creation of the UN

– A winners’ club

– Reflects the world of the time

– The lessons of the League, the depression, and the war

• The UN and the Cold War

The United Nations

The political UN and the functional UN

The UN as forum vs. the UN as actor

The regime vs. the institution

The UN - Membership

http://www.un.org/Overview/growth.htm

The UN - Structure

• Central organs:

– ICJ, GA SC, Seretariat, EOOSOC, Trusteeship Council

• Organization: http://www.un.org/aboutun/chart.html

• Subsidiary agencies and autonomous agencies

• Funding sources:

– Basic assessments

– Voluntary contributions

– Other funding sources

The ICJ

• Previously existed as the PCIJ

• ICJ adjudication is voluntary

The General Assembly

• Central organ

• One country, one vote

• No powers of enforcement

– Moral authority?

• Oversees a wide range of subsidiary bodies

The Security Council

• 15 members

– 5 permanent

– 10 elected, by region, for 2 year terms

– http://www.un.org/sc/members.asp

• An attempt to deal with the collective action problem of the League

• Veto powers

• Empowered to authorize the use of force

The Secretariat

• The UN’s civil service

• The Secretary General

– Political entrepreneurship

– Staffing

– Appointment of Secretaries General

• Past Secretaries General:

– Lie, Hammarskjöld, Thant, Waldheim, Perez de Cuellar, Boutros Boutros-Ghali, Annan.

Other Organs

• ECOSOC

– Oversees many subsidiary bodies

– Liaison with specialized agencies

• Trusteeship Council

– Designed to deal with colonial issues

– Suspended operations in 1994

Affiliated Institutions

• To be discussed in issue-specific weeks

• The international community is better at creating them than at dismantling them.

Research Design

Things to look at in IOs

• Administrative/institutional structure

– Secretariat, technical function, adjudication

– Voting structure

– Financing and expenditures

• Official role: what is it supposed to do?

• The regime: does it affect state behavior?

• Critical views: what are the major complaints about the IO?

Research Sources

• Books and articles, academic and popular sources, fact and analysis

• Balancing opinion and perspective

• Bias and source reliability

• Places to look:

– Books

– Articles

– Online sources