8. Un Flashcards
Functions of UNSC
- Chapter vi, vii- maintain ips
- Recco admission of new members
- Recco to GA appointment of sec gen
- Elect judges of icj
Unsc maintains ip&s.
Chapter vi
Specific settlement of disputes
- Investigate
- If likely to endanger ips- NEMCAJ
- IF failed. - procedure / actual terms of settlement
- If legal dispute - refer to ICJ
Chapter Vii
Preventive and enforcement action to maintain IP&S
NOn military- trade embargo, financial sanction, aviation sanction
Military- air sea land
Issues with unga
- 188 vs 5
- 2/5 europe
- Partisan
- Abrahamic religion
- Unpkf sexual misconduct in congo
- Financial
- Pandemic
- New cold War
Uniting for peace resolution
- Un charter - unity of great powers
- Existed initially
- So if 5 didn’t agree possiblity of breakdown of un role
- Us in 1950 - in case of threat or breach of peace and no unanimity between p5- GA can make recommendations to it’s members for collective measures
- If ga not in session - emergency special session within 24 hours on request of members of UNSC on vote of any 9 of UNSC
- 1956 - egypt armed intervention by uk, Israel, France
- 1958- threat to peace in lebanon and jiordan
- Israeli occupation of Palestine 1997
- Soviet invasion in hungary
- Crisis in democratic Republic of congo
- South African occupation of namibia
2022- Russia Ukraine war
Optional clause of ICJ
- Art 36(2) - of statute
- State parties may declare that they recognize as compulsory subjects of icj jurisdiction wrt - interpretation of treaty, quo of international law, to ascertain breach of IL, reparations
3 . Either conditionally or unconditionally- on condition of reciprocity of other states - Reservations
NORWEGIAN LOAN CASE - France - not within national jurisdiction. Norway - no such reservation. Finally used doctrine of lowest common denominator
Peaceful settlement of disputes
Art 33 , chapter VI
NEMCAJ
Negotiation
- Discussion plus clarification
- Need goodwill, flexibility and sensitivity
- Won’t work - hostile public opinion, mutual distrust, small vs big state
- Sometimes bound to enter into direct negotiations by the virtue of treaty clause - ex.unclos , non proliferation treaty
- German external debts case - ICJ- NO need to reach an agreement in case of negotiations. But serious efforts
- Farakka barrage gunfire issue between india and Bangladesh
Good office and Mediation
- Involvement of a 3rd party ( individual, country or institution)
- Good office- place and suggestions. Influence but no active role
- Mediation- 3 rd party active role - eg: draft an agreement
Good office may end up as mediation - Rules found in the hague convention
- signatories can provide go and mediation during hostilities and this shouldn’t be regarded as an unfriendly act by either of the contending parties
- not binding
Beagle channel dispute- pope was requested by both parties to provide his good office (Argentina, chile)
Mediation - us secy of state - yom kippur war
Inquiry case
Dogger bank case
Russia UK torpedo confusion
Inquiry - Russia mistook uk fisherboat thinking Japan
Concilliation
- Enquiry plus mediation
- Referred to a commission to make a report with proposals to parties for settlement. Not binding
Hague commission of 1907- commission by spl agreement, report post investigation, indicate way to settle
Adv
- Objects and facts
- Sensitivity and prestige of govt
- States retain sovereign control
- Qualified person- objective appraisal
Concilliation
- Enquiry plus mediation
- Referred to a commission to make a report with proposals to parties for settlement. Not binding
Hague commission of 1907- commission by spl agreement, report post investigation, indicate way to settle
Adv
- Objects and facts
- Sensitivity and prestige of govt
- States retain sovereign control
- Qualified person- objective appraisal
Growth of Arbitration
- Jay treaty between us and uk
- Albama claims award by A
- hague conference 1899- codified law wrt arbitration
- HC 1907- permanent court of arbitration
Positive of arbitration
- Faster, set timeline
- Icj- public hearing
- Icj- only states
- Icj- not favourable from an international standpoint
- Lesser impact on state sovereignty
