international orgs Flashcards

Question

Tax exemptions

Answer 1

Section 24 (a) The United Nations, its assets, income and other property shall be exempt from all forms of taxation; […] (b) In so far as the Government, for important administrative considerations, may be unable to grant to the United Nations exemption from indirect taxes which constitute part of the cost of goods purchased by or services rendered to the United Nations including rentals, the Government shall reimburse the United Nations for such taxes by the payment from time to time, of lump sums to be agreed upon by the United Nations and the Government. […]

Answer 2

Art. 4 UN Charter (1) Membership in the United Nations is open to all other peace-loving states which accept the obligations contained in the present Charter and, in the judgment of the organization, are able and willing to carry out these obligations. (2) The admission of any such state to membership in the United Nations will be effected by a decision of the General Assembly upon the recommendation of the Security Council.

Answer 3

■ Withdrawal ▪ Sometimes provided for (e.g. EU; not in UN) ▪ Even without explicit permission possible based on state sovereignty (e.g. Indonesia‘s withdrawal from the UN) ■ Expulsion ▪ Sometimes provided for, if member persistently violates its obligations (e.g. Art. 6 UN Charter, Council of Europe: Russia) ▪ Questionable political value: loss of political influence on state ▪ Other possibilities: non-acceptance of accreditation letter; suspension of voting-rights upon failure to pay financial contributions (Art. 19 UNC)

Answer 4

■ Membership fees e.g. in UN: financial contributions splitted in % among MS “poorest” states: 0,001 % USA: about 22%, Germany: about 10%, Austria: close to 1% ■ Payment of membership fee = legal obligation Failure to pay is a violation  Sanctions (e.g. loss of voting rights)  Means of exerting pressure ■ Voluntary contributions (e.g. programmes and aid funds of the UN / peacekeeping operations) ■ Income from their own activities (e.g. World Bank and other international development banks)

Answer 5

■ Different! ■ Binding decisions ▪ Binding character depends on tasks and competences of the organization or the organ ▪ Intent of the organ important (content/wording of decision) ▪ Scope: - Internal organisational decisions - UN Security Council decisions, organs of EU - Decisions of technical IOs (ITU, ICAO) ■ Non-binding decisions ▪ No state responsibility, if violated ▪ Political consequences ▪ Often first steps for binding decisions or treaty negotiations

Answer 6

■ Recommendations, Declarations, Guidelines, … ▪ Varying legal authority ▪ States must consider them “in good faith”  Conduct in conformity: presumption of lawfulness ▪ First step to develop CIL or treaty ▪ Support of argumentation before courts ■ Preservation of freedom of action for states ▪ Less benefitial for effective cooperation and integration

Answer 7

■ Founded after WW2, San Francisco 1945 ■ 51 founding states, now 193 ■ Seat in NYC, Geneva, Vienna (1979), Nairobi (1998) ■ 6 Organs (GA, SC, EcoSoc, Secretariat, ICJ, Trusteeship Council) ■ 6 official languages (E, F, Sp, Rus, Arab, Chin) ■ Prohibition of the use of force (Art. 2/4) ■ System of collective security (Chapter VII) ■ Pacific settlement of disputes (Chapter VI)

Answer 8

■ 193 member states; One State, one vote (Art. 18) ■ General principles on preserving world peace and international securtiy, including demilitarisation (Art. 11/1) ■ Questions relating to preservation of peace concerning individual dispute resolutions (Art. 11/2, 12) ■ Initiates studies and makes recommendations for the purpose of political, economic, humanitarian and cultural cooperation, including education and health; progressive development and codification of CIL (Art. 13) ■ Receives and examines reports of the SC and other UN organs (Art. 15) ■ Examines and approves the budget (Art. 17) ■ Elects non-permanent SC members and members of other organs; appoints the General Secretary of the UN – upon recommendation by the SC (Art. 23)

Answer 9

■ 15 members ■ 5 permanent members: China, F, Rus, UK und USA ■ 10 non-permanent members elected for a term of 2 years ■ Geographical distribution: Africa, Asia, Eastern-European States, Latin America and the Carribean, Western-European and Other States ■ Makes recommendations to the GA for the appointment of the SG and accession of members ■ Elects (together with the GA) judges of the ICJ

Answer 10

■ Primary responsibility for the maintenance of international peace and security (Art. 24/1) ■ Competences in Chapter VI, VII, VIII und XII (Art. 24/2) ■ Decisions of the SC are binding (Art. 25) ■ Voting requirements: 9 out of 15 (Art. 27/2) ■ Decisions on non-procedural matters: no veto by any of the 5 permanent members (Art. 27/3)

Answer 11

■ 54 members (Art. 61) ■ Elected for a 3-year term (Art. 61) ■ Geographic distribution: 14 Africa, 11 Asia, 6 Eastern European states, 10 Latin-America and the Carribean, 13 Western European and other states ■ Coordinating the economic and social fields of the organization, the regional comissions and UN-fonds and programmes ■ Specialized agencies: FAO, ICAO, UFAD, ILO, IMF, IMO, ITU, UNESCO, UNIDO, UPU, WHO, WIPO, WB, WMO, WTO (Tourism) (Agreement following Art. 57 and 63 UNC) ■ “Related organizations”: WTO (Trade), IAEA, CTBTO, OPCW

Answer 12

Article 57 UN-Charter 1. The various specialized agencies, established by intergovernmental agreement and having wide international responsibilities, as defined in their basic instruments, in economic, social, cultural, educational, health, and related fields, shall be brought into relationship with the United Nations in accordance with the provisions of Article 63. 2. Such agencies thus brought into relationship with the United Nations are hereinafter referred to as specialized agencies. Article 63 UN-Charter 1. The Economic and Social Council may enter into agreements with any of the agencies referred to in Article 57, defining the terms on which the agency concerned shall be brought into relationship with the United Nations. Such agreements shall be subject to approval by the General Assembly. 2. It may co-ordinate the activities of the specialized agencies through consultation with and recommendations to such agencies and through recommendations to the General Assembly and to the Members of the United Nations.

Answer 13

Article 71 UN-Charter The Economic and Social Council may make suitable arrangements for consultation with non-governmental organizations which are concerned with matters within its competence. Such arrangements may be made with international organizations and, where appropriate, with national organizations after consultation with the Member of the United Nations concerned.  Access to ECOSOC and its many subsidiary bodies, human rights mechanisms of the United Nations, ad-hoc processes on small arms, as well as special events

Answer 14

■ Promoting a higher standard of living, full employment and economic and social progress ■ Solving international economic, social and health problems ■ International cooperation in the fields of culture and education ■ Promoting and strenghtening worldwide acknowledgement of human rights and fundamental freedoms ■ Recommendations and programmes for member states and the UN-system ■ Broad mandate; 70 % of the personal and financial resources of the UN

Answer 15

■ Seat in the Hague ■ 15 judges, elected for a 9-year term with the possibility of re-election ■ tri-anually, 5 new judges are elected by the GA and SC ■ “Persons of high moral character, who possess the qualifications required in their respective countries for appointment to the highest judicial offices, or are jurisconsults of recognized competence in international law.” (Art. 2 ICJ-Statute) ■ “Representation of the main forms of civilization and of the principal legal systems of the world” (Art. 9) ■ “Nominated by the national groups in the Permanent Court of Arbitration” (Art. 4)

Answer 16

UNHCR founded 1951 (Geneva); since 1951 branch office in Vienna ■ Compliance with international agreements ■ Material aid IAEA founded 1957; in Vienna since 1957 ■ Peaceful use of nuclear energy ■ Monitoring the Nuclear Non-Proliferation Treaty (since 1970) OPEC Founded 1960; in Vienna sicne 1965 ■ International oil cartel ■ Determination of production quotas UNIDO founded 1966; in Vienna since 1967 ■ Poverty Reduction through Productive Capacities ■ Trade Capacity Building ■ Energy and Environment CTBTO Comprehensive Nuclear Testban Treaty 1996; Preparatory Comission in Vienn since 1997 ■ Efforts to obtain ratifications/signatures ■ Global monitoring system: seismic, hydroacoustic, infrasound and other measurement data OSZE Founded 1995; in Vienna since 1995 ■ Successor to the CSCE as a platform between East and West (Europe, Soviet Union, USA, Canada) ■ Legal nature?

Answer 17

* 47 members * Replaced the Human Rights Commission (53 members) * Strengthening and protecting human rights worldwide * Installed by UN General Assembly resolution of March 15, 2006 * Investigates in the event of human rights violations and adopts recommendations * Members are required to meet the "highest standard" of human rights; must undergo periodic reviews * Members can be voted out of office by a two-thirds majority of the GA