HISTORY OF INTERNATIONAL ORGANISATIONS

Question 1

Définitions

Answer 1

• Law of IO = the law applicable to IO.
• All IO are different from a legal POV : they were created to be specific. There is non general applicable law of IO.
• Main purpose of IO = produce norms, international law, instead of States.

Question 2

Creation of IO

Answer 2

International law of IO is recent because states have been reluctant to create IO : the treaty of Westphalia, 1648 marks the sovereignty of states = there is no entity above them. Only states can adopt international norms (trades of the Sea, diplomatic rules, rules on the treatment of foreigners..).

But then :
- beginning of informal multilateralism
- développement of IO

Question 3

The beginning of informal multilateralism

Answer 3

Beginning of INFORMAL multilateralism, 1815 through international meetings (≠IO) : the Concert européen of States ; the Berlin Congress, 1884 created by European states to decide the fate of the africain colonies and share among themselves the colonial power.
- the G7 : informal gathering of economically most influential states. No structure nor organisation properly speaking but it can technically implement rules (control of the International Monetary Fund, the World Bank..).

• the P5 : meeting of the 5 permanent members of the UNSC. Informal but influential body within the UN.

Question 4

The development of IO

Answer 4

Start : the Rhino Commission (first IO, 1815) : created in order to make rules to make sure that every state has an equal share of the river. Creation of a small administration for negotiation between the parties. Each of these organisations has civil servants in order to be impartial.

3 stages in the development of IO since then :

• First stage : technical organisations for some technical subjects that need to be depoliticised.
• Second stage stage : universal organisations (international telegraph Union, 1885 ; Universal Postal Union, 1874..) -> created in order for states to communicate witch each other.
• Third stage : political organisations. After WWI.
  • The idea came with the covenant on the League of Nations. SDN includes mandats in order to have peace and avoine conflict + develop economic and social conditions that will stabilise States and bring peace. + creation of the international labour organisation and the Permanent court of international justice. BUT SDN didn’t prohibit the use of force, it was just an agreement to limit it (with the Briand Kellog pact) + no power of implementation, no possibility to impose binding decisions on States.
  • this is why the UNCH was created for the maintenance of security and peace. It’s designed to be a real universal organisation and have the power to implement binding decisions (≠ SDN).

Question 5

The rise of universalism

Answer 5

• Causes :
• Effects :
• efficiency of the UN

Question 6

The rise of universalism (causes)

Answer 6

the interpretation of art 4 UNCH : about the conditions to be a member state of the UN : being a sovereign state + accepting the obligations under the Charter (be able/willing to). But in practice, UN accept most of the time any State because it is made for states to discuss with each other (ex : Kosovo, the Spanish question under Franco).

• the increasing of the number of States : due to de decolonisation process (new indépendant states appeared) + the dissolution.

Question 7

The rise of universalism (effects)

Answer 7

• political : each state within the UN talk with each other nonetheless their different background and even if they are in conflict.
• ## legal : development of customary law by a consistance practice + opinio juris (states are convinced that there are obliged by the rules they chose to apply to). But the more states there is, the more difficult it is to find unanimity in the vote process. Solution = adopt a text by consensus but it is then weaker.

Question 8

The rise of universalism (efficiency of the UN)

Answer 8

The UN is split in two in order to imbalance the balance between efficiency and legitimacy :

• a general organ (UNGA) : deprived of binding legal power BUT strong legitimacy.
• a small organ (UNSC) : power to impose decisions = efficiency BUT questionable legitimacy. Double power (CHAPTER VII, ART 39) :
  
  • qualifié a situation of being a threat/breach of peace and security : only the SC holds this power.
  • adopting recommandations and decisions (binding) : some DON’T involve the use of force (art 41), some DOES (art 42) : as for the Iraq’s invasion of Kuwait in 1991. Art 25 UNCH provides that the member states accept to apply to its decisions.

Question 9

The regional particularism

Answer 9

This development is due to two factors :

• the substantial aspect of regional organisations : not only common interests but also an intention for a greater cooperation on sensitive issues (which is not acceptable at the universal level due to the difference of political/social system). Mostly in the human rights domain : European conception nor human rights = creation of the Council of Europe ; same in the US and in Africa.
• the functioning of regional organisations : logic of integration = the organisation can directly rule on the legal situation of individuals within the member state. Main principles of this logic :
  • primacy : the right of the European Council prevails over domestic law (Costa case).
  • direct effect (Van Gend en Loos) : individuals can directly claim their rights before domestic courts.

Question 10

Conclusion

Answer 10

Universal organisations are stronger from a legal POV but it is way more difficult for the decisions to be accepted by all the member states.
Regional organisations are weaker but more generally accepted.
-> there is a fragmentation of international law and still questions about a way to combine them to prevent inconsistencies.