4 Flashcards
Session 4
UN primary mandate
To end international war, and promote social and economic development.
Ian Hurd, The United Nations: Law and Administration (chapter 3 from International Organizations, 4th edition), 2021, 63-86 and 92-93
UN purpose
Maintain International Peace.
Ian Hurd, The United Nations: Law and Administration (chapter 3 from International Organizations, 4th edition), 2021, 63-86 and 92-93
UN organs
- SC
- GA
- Secretariat
- Trusteeship council
- Economic and social council
- International court of Justice
Ian Hurd, The United Nations: Law and Administration (chapter 3 from International Organizations, 4th edition), 2021, 63-86 and 92-93
International Court of Justice,
Where states brings complaint when other states failed to live up to their obligations.
All states are parties to ICJ (art. 93).
Ian Hurd, The United Nations: Law and Administration (chapter 3 from International Organizations, 4th edition), 2021, 63-86 and 92-93
Economic and Social Council
ECOSOC is a subsidary body of GA and initates studies, reports based on HEESC (economic, social cultural and educational, health.)
+ specialized agencies concerned.
Research and store information.
Ian Hurd, The United Nations: Law and Administration (chapter 3 from International Organizations, 4th edition), 2021, 63-86 and 92-93
Secretariat
Staff under UN, who are loyal to UN not their home goverments. Carry out formal processes. Puts treaties into the UN database of treaties. Face of the UN
Responsibility:
- Put cases into the UNSC.
- Oversees peacekeeping
Ian Hurd, The United Nations: Law and Administration (chapter 3 from International Organizations, 4th edition), 2021, 63-86 and 92-93
Trusteeship Council
Out of function.
Used to oversee non-self govermning terriories, to assist the territory to a free political insitutiaon and self-government (art 73(b))
Oversae Eritrea and Somalia (Italy)
Ian Hurd, The United Nations: Law and Administration (chapter 3 from International Organizations, 4th edition), 2021, 63-86 and 92-93
General Assembly
GA Resulutions, no legal right. Shape international Norms. Soft law. Influence enforcement.
Makes pressure on States wanting to look good in the global picture.
Seating arrengement in GA assembly hall. - They draw lots, thereafter alphabetic order.
Selects E10 for UNSC,
Elects judgdes from ICJ.
GA, can send peace operations.
How are descisions made in GA
Voting 2/3 (Important quesitions)
More than half majority, other questions.
Mandate to review the veto
When a veto has been used, the GA has the mandate to review the veto where the VETO P5 state is ‘invited’ to justify the VETO.
Emma McLean and Adrian Hehir,UN Takes a Step Towards Addressing the ‘Veto Problem’, The Conversation, 27 April 2022
Factors hindering UNSC maintaining international security and peace
1) Veto power,
2) Lack of representiveness, (Africa, South America)
3) Lack of enforcement Mechanisms. (weak follow through)
4) The secretariat’s role has been diminished (Resaerch, analysis?)
5) Rise of Alternative Forums.
Instant costumary law
When a new concept of practice is discovered (as the space race), from where rules are quickly established. (not widespread and only few states).
Especially affected states of costumary law
States more impacted on costumary law has a bigger saying. (terror impacted states example).
Jus cogens norms
Central norms that cannot be violated with. A treaty can be based on a jus cogens. The same with costumary law.
It’s not law.
You can’t have a law that violates jus cogens. It can be modified.