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International law > IL - 4 - International Organizations > Flashcards

IL - 4 - International Organizations Flashcards

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1
Q

exmaples of IO

what is it?

what does it mean legally?

A

UN and ICRC (International Committee of the Red Cross)

created by states with independent legal personality and independent organs

it s its own legal entity

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2
Q

what is not IO?

A

NGO and MNC’s

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3
Q

when was UN created, why?

who is part and not part?

A

Created in 1945 after WWII. Previous organization was League of Nations created after WWI
- Universal membership 192 (not Vatican, Taiwan, Kosovo, Palestine)

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4
Q

what is the point of the UN
how do we know this
so what?

A

Objective to end wars.
- Charter
Provisions of Charter take precedence over everything else

UN mission statement; prevent another world war. throught COLLECTIVE SECURITY.

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5
Q

who sits in the general assembely

A

every member

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6
Q

what happenes? 2 things

how does something get passed

A

RESOLUTIONS

  • general debate that is non binding.
  • Procedure and budget-binding

o Voting by majority, some by 2/3

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7
Q

who was in organisation at first?

A

japan and germany were not allowed to join. also spain.

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8
Q

what about Vatican and Palestine?

A

vatican doesn want to join and t is not clear what palestine is..

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9
Q

whats up with human rigths today?

A

they have become cutomary and so binding.
but every country who wanted to join UN had to accept human rights.

also JUS COGENS

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10
Q

when are general assemble meeting and what are they good for?

A

september to december and good for stated to meet and mingel, ie small states and bigger ones.
IL uses this to meet hostile states, Malaysia and indonesia.

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11
Q

what was special about the UN in america?

A

Ahmadinijad and Arafat not allowed into USA but yes into Manhattan for the General assembley.

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12
Q

how can a resolution go through?

A

a state can sponser resolutions, they can go through comitees and eventually need majorty vote.

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13
Q

what is Unanimus vote?

A

when every one sais yes, what happens is that usually state block somthign going throught, but if no one minds then it goes through unanimously.

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14
Q

how does every one treat il?

A

behind sceens every one is very nice but no one is nice openly.

it has voed that il is responsable for sperading world wide aids epidemic

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15
Q

what is problem for il?

what happened recently?

A

every one bands together and makes deal and have enough votes for somthing to go though, but il is alone.

we joined the WEOG (western europeans and others group)

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16
Q

why are general assamybly charter relolution non binding?

A

becuase UN charter didnt give it to them

internal resolutions may be binding on the operation of the General Assembly itself, for example with regard to budgetary and procedural matters.

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17
Q

General Assembly resolutions usually require a majority?

A

50 percent of all votes plus one to pass.

However, if the General Assembly determines that the issue is an “important question, then a two-thirds majority is required; “important questions” deal significantly with maintenance of international peace and security, admission of new members to UN, suspension of the rights and privileges of membership, expulsion of members, operation of the trusteeship system, or budgetary questions.

18
Q

why is majority vote meningless?

A

because it is so democratic that its useless.
ie china russia and india cant pass a law.

economics or population cant be used, this would be unfair.

so to fix this, nothing is binding. but it as a lot of poliical weight.

19
Q

what ralion does the general assmebly have with the security council?

A

it can elect members?

20
Q

how many members in the securit council?

quote a book?

A

15 members, 5 Permanent
5 allies and one from geographic block.
Primary responsibility for peace and security

animal farm; all states are equal but some are more.

21
Q

will this change?

A

every now and again talkabout changing this but
1 competition of who gets a place
2 very one has to vote it in, and no one will vote themselves out.

22
Q

what is article 25 of Chapter V of the United Nations Charter

binding?

A

requires members to “accept and carry out the decisions of the Security Council,”

binding!

23
Q

what is Security Council able to do?

A

1 oder sanctions on states
2 order negotiations between states
3 authorise use of force

and all states must comply due to article 25.

24
Q

what is chapter VI of UN charter?

A

deals with peaceful settlement of disputes. It requires countries with disputes that could lead to war to first of all try to seek solutions through peaceful methods such as “negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their own choice.”

Chapter VI not binding (includes 242 and all Arab- Israel decisions)

25
Q

what is chapter V of UN charter?

A

provisions establishing the United Nations Security Council.

26
Q

what is chapter VII of UN charter?

A

It allows the Council to “determine the existence of any threat to the peace, breach of the peace, or act of aggression” and to take military and nonmilitary action to “restore international peace and security”.

Binding decisions only under Chapter VII

Chapter VII , “Aggression” or threat to world peace

Chapter VII powers include sanctions, use of force (Council can’t obligate use of force)

27
Q

what do you need to pass resolution?

A

9/15
but can veto resolution with one permanent member.

china protects N korea, Russia the arabs and USA il.

each country has its own interest

they practically never agree, very limited.

28
Q

what is double beater?

A

if one state argues a SUBSTANYTIAL issue like human rights it cant be vetoed.

29
Q

does UN have army?

where does it come from?

A

was idea of UN Force but scrapped because not one wanted to give its army.

UN peace keeping force are not allowed to fight under CHAP 7.

ther is no obligation for any one to send force.

30
Q

what was korea fluke?

A

during dicussions over korea, russia got pissed off and walked out, so USA passed chap 7. since then no one walks out.

31
Q

what did Egypt do in 1956?

A

threw out Peace force, and il was pissed off.

32
Q

what is the function of a peace force?

A

no rockets. they count tanks and troops along orders ie in lebanon. so world will know whats going on.
1 usefull source of informaiton.
2 its a trip wire, that sends an alorm.

33
Q

what is between egypt and il today?

A

same as UN peace keeping forces, but US troops, they wouldnt fight but would report fighting.

34
Q

any other forces exist?

A

yes like IFH international force of hevron, usually blue helmet with a un sign

35
Q

what takes precedance in IL

A

domestic jurisdiction (but HR yes) Provisions of Charter take precedence

36
Q

what are other SecCou pourposes?

A
  • Admission of new members, expulsion, election to ICJ and electing SecGen, together with General Assembly
  • Peace Keeping Forces
  • Intl Courts
37
Q

what is the secretary general?

A

votes in with 2/3rds of SecCoun and no vetos.

  • Controls, budget, Admin, personnel,
  • peace keeping force, agenda
  • Registration of Treaties
  • Legal affairs
  • he often reports to the SecCou
38
Q

what if Un agree to do something and nations dont want to?

A

pity, its under chapter 25 and every country id bound.

39
Q

what if FR vote agains something in SecCou?

A

it cant go through.

40
Q

if 10 states vote and 5 permanent states sanction.

A

then it goes through.

41
Q

what is the ECOSC

A

United Nations Economic and Social Council
one of the principal organs of the United Nations. It is responsible for coordinating the economic, social and related work of 14 UN specialized agencies
non-bindng, only recomendations.

International law (9 decks)

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