IO 305 pt. 2

Question 1

ILO whattttt??

Answer 1

5 considerations:
1. the premable states that it was built upon 1. humanitarian, 2. security 3. economic, and 4. political considerations

2. UN Agency was created through Treaty of versailles because social jusitce = peace
3. Tripartism and voluntarism (self-selection) - spheres
4. it aims to promote civilized labor laws internationally!
5. social peace = social justice - work!

Question 2

ILO Premable?

Answer 2

sets out principles that should be worked on
1. pregulation of work hours
2. regulation of liveable wage
3. freedom of association
4. equal renumeration for equal work value
5. protection of young people, children, and injury
6. protection against injury, sickness or diease, in the work place.
7. protection of old people and injury

Question 3

ILO Obligations

Answer 3

four motherfucking obligations!
1. uphold old conventions
2. publicize the conventions - scream their name babe
3. submit period reports with the spheres concernerd -wrokers, etc.
4. align domestic law with labor law.

Question 4

ILO Enforcement/Compliance

Answer 4

States have to seek their own complaince with the ILO because there are no enforcement mechanisms.

they have to explicitly agree to each rule within a convention and if they don’t want to consent to a specific rule, it’s okay, but they have to send a letter to explain why - critique is that it leads to cheap talk - paint themselves in a good light, but they’re not. voluntarism

Two ways to see if they aren’t compliant:
1. through the bi-annual review process
2. if a affected party makes a claim against them. this can come through the workers, employers, entitity =, etc. tripartism

if there is a complaint made, first the state gets notified and they have a chance to explain. then there’s an inquiry commission made. they are not of binding force, but it helps since it urges self-compliance

Question 5

How EU legislation is passed

Answer 5

• the European Council can recommend the European commission what to propose

1. the European commission makes a proposal
2. the European Parliament gets to do the first reading
3. the Council of Ministers gets to do their first reading
   (if they amend)
4. the European parliament make a second reading
   (if they amend) 5. Conciliar Committee is formed with equal members of EP members and Council of Europe members
5. if they both agree → Legislation is made!

Question 6

the Organs of the EU

Answer 6

1. European Council → highest political level
   - thinks EU
   - doesn’t really have legislative power but can make recommendations to the Commission as to what to propose
   - composed of heads of states who meet quarterly (at least)
   - need consensus to make decisions
   - make decisions on the priority of the EU
   - Makes decisions on the security and common foreign policy of the EU
2. The Council of ministers
   - interests of the MS are upheld
   - has legislative power along with the EP
   - 27 national ministers all from different departments
   - need to commit their govt’s to uphold EU decisions
3. European Commission
   - Proposes legislation, manages day-to-day affairs, enforces laws
   - Promotes EU interest
   - 27 commissioners, 1/state
   - Represents EU publicly - Ursula
   - Budget
   - Ensures legislation has effectively been enforced
4. European Parliament
   - represents the people
   - people vote for parties, and the ammount is proportionate to the population of the state
   - have legislative, supervisory, and budgetary roles
   - Legislative: b/c they negociate w/ Council to adopt, do the first reading
   - Supervisory: scrutinize every EU body,
   - question the commission and the council
   - approve of the commission as a whole
   - elect the commission’s president - Ursula
   Budgetary:
   - works alongside the ECB to discuss the budget
   - approves of the budget
5. CJEU - Court of Justice of the European Union
   - judicial body of the EU
   - ensures that laws are interpretted, and implemented the same in all MS
   - two courts: 1. Court of justice (states), 2. general court (individuals)
   - CJEU - interprets laws, enforces laws, annuls acts, and can sanction EU organs
6. ECB - European Central Bank
7. manages the euro
8. regulates prices through mentary and economic policies
9. sets interest rates in which comerial banks within the Eurozone can take loans
10. manages foreign reserves
11. European Court of Auditors
    - Audits revenue and expenditure to ensure EU funds are being correclty spent/raised
    - Checks ppl/organs who handle EU funds
    also checks MS who receive aid

Question 7

European Council

Answer 7

• highest political level
• has EU interests
• doesn’t really have legislative power, but can tell the commission what to propose
• composed of heads of states, who meet quarterly
• need consensus to make a decision
• decides on what priorities the EU shall have
• decide on the security and common foreign policy that the EU shall have

Question 8

Council of Ministers

Answer 8

Council of the EU
- 1/2 legislative bodies because they have to negociate and adopt laws with the EP
- budget
- 27 ministers having to do with different areas
- Have MS interests
-need to commit their local governments to uphold EU decisions

Question 9

European Commission

Answer 9

• Keeps EU interests
• Proposes legislation, enforces legislation, runs the day-to-day affairs
• publicly represent the EU - Ursula
• budget
• 27 commissioners - 1/state
• Ensures that legislation is properly implemented

Question 10

European Parliament

Answer 10

• Represents the people
• people vote for parties → proportionate to the population of the state
• has legislative, supervisory, and budgetary power
  Legislative: negotiates/passes laws with the council
  Supervisory: checks the commission and the council
• scrutinizes all EU organs
• approves of the commission as a whole
• elects the president of the commission
• * examines citizen petitions and makes inquiries about them
  Budgetary: works alongside the ECB
• approves of the budget

Question 11

CJEU

Answer 11

Court of Justice of the EU
- judicial body
- ensures laws are interpretted and applied the same in every MS
- two courts: 1. court of justice (states). 2. General Court (individuals)
- interprets laws, enforces laws, annuls acts, and can sanction EU organs

Question 12

ECB

Answer 12

the european central bank!
1. regulates the Euro
2. regulates prices through mentary and economic policies
3. sets interest rates in which comerical banks within the Eurozone can take loans
4. manages foreign currency reserves

Question 13

European Court of Auditors

Answer 13

• audits the revenue and expenditure of EU funds to ensure they’re correctly spent/raised
• checks ppl/organs who handle EU funds
• also checks MS who have received aid.

Question 14

Treaties establishing the EU

Answer 14

1. the treaty establishing the European Coal and Steel Community 1951
   - 6 members who shared beliefs of HRs, rule of law, and democracy → established a single labour market

this worked so well that in 1957 they established the:

2. Treaty on the Functioning of the EU - Treaty of Rome
   this created the EEC and made free: capital, workers, goods, and services
3. 1992 - Treaty of the EU! - Maastricht Treaty!
   made citizenship and converted the EEC into the EU
   established common foreign policies!
4. 2009 Lisbon treaty!
   this established the relationships between:
5. the EU institutions among themselves, and
6. the relationship b/w the citizens and the EU institutions.

Question 15

More about the EU!

Answer 15

UNITY AND DIVERSITY

bicycle theory - everyone has to keep doing their part otherwise it fails, and the EU itself has to keep developing on things otherwise it fails.

ITS A SUPRANATIONAL ORGANIZATION BITCHES
namely because of CITIZENSHIP - which creates obligations, but also because of
1. territory - both Schengen and Eurozone
2. own currency
3. bureaucratic - executive, legislative, judiciary
4. fiscal and monetary policies

Critique:
too bureaucratic
not enough transparency
sovereignty - regulations

Question 16

How does the Union unite individual level politics to highest level politics (state level) ***

Answer 16

• Know that micro level politics start but the EU voting in each MS, which results in the EP being created
• In macro level, MS heads meet, and create policy priorities, or new projects for the Union, the councils priorities, are examined by the council of minister for national level and the common proposal is legislated in the parliament - firming EU law

The Eu citizens, thus contribute to legislation!

Question 17

How does the EU combine macro and micro level politics together?

Answer 17

THROUGH THE LEGISLATIVE PROCESS

macro refers to the international level
micro refers to like individuals

Micro:
Parliament is the place when macro meets micro - citizens go to elections and those members vote on the legislation. If they vote pro - then the outcome becomes international law

Question 18

ICJ Treaty and Structure

Answer 18

UN Charter - 1945
and ICJ Statute of 1946, signed by 193 members = WOLRD COURT

Structure:
15 judges, 9 years term,
rotate every 3 years, 5 judges,
elected by UNGA/UNSC
geographical proportionality

one of the UN organs

Question 19

ICJ Functions

Answer 19

1. Sees contentious cases
   - Dispute between 2 (or more) STATES
   - Must be a legal dispute! interpretation of, facts of, etc.
   - Two consenting states!!
   - Binding decisions!
   - NO APPEAL
   - does not, will not use/form precedents
   - not a penal court, no punishments.
   So what happens when a state doesn’t adhere to it?
   - UNSC resolution
   - only one that didn’t abide to ICJ ruling is Nicuragua v. US
   - this is the critique of the ICJ

now, you see why a state won’t agree to bring a matter of very dear national interest to the ICJ → because it can’t predict nor appeal the decisions.

2. Advisory Opinions!
   - is a non-binding judgement the ICJ will provide to:
   - UN organs/agencies.
   - also can’t be used as precedents
   - lots of repercussions for not adhereing to the jdugements
   has a lot of political weight behind it, even though theres no punitive measures.
   ex. is from Isreal building wall through palestine, the UNGA was like ayo, is this even legal? and the ICJ was like gurl, it’s infringing on freedom of mobility, work, life, so much more. Israel was like ayo idgaf. but, Palestine was like bet? i’ll make you pay, because you’re literally going against international law babe. this is because, no way in hell could Palestine get Israel to consent to this shit, they’ve been known that they in the wrong, and they just wanna fuck shit up.

Question 20

How do you even give consent to the ICJ?

Answer 20

1. Consent should always be explicit, preach yo shit gurl.
   so both consenting parties will send a letter to the ICJ from their foreign ministries that they accept the ICJs jurisdiction.
2. ART 34(1) INDIRECT CONSENT - this is when like, states sign a treaty, and there’s an explicit clause within it, saying if there’s a legal dispute about the interpretation of the treaty or something, then you will automatically go to the ICJ. signing treaty = consenting to ICJs jurisdiction of matter within that treaty.
3. ART 34(2) → OPTIONAL CLAUSE DECLARATION.
   this means that states can sign this optional clause declaration within the statute which entails that they consent to the ICJs ruling over all future legal disputes that may arise.

Gurl are you cray cray?! why tf would a state do that?
1. because trust gurl -
2. because it only works if BOTH states have signed the optional clause declaration.
3. because a gurl can make reservations, meaning every dispute can be tried, except a particular thing, it’s like a safe heavan.

you want an examp?
My amazing, dearest country in the world. Ms. Kanata, said yeah gurl, we’ll sign sign that declaration shit, but we’re also gonna make a reservation to not even look at us for fisheries shi. Like, we all love the Great North, but we also all know that they did this because they be stealing that fish from Alaska.

Question 21

Art. 1 ‘51 Refugee Convention

Answer 21

defines what constitutes as a refugee
“ a person who: has a well founded fear of prosecution; is out of their home country; and unable/unwilling to go back,” and they can’t be in their home country when applying.

• in order to show that this is true, the person needs evidence that is well founded.
• ex. don’t prove that you’re gay and from Iran, but prove through video or pictures that the police beat you for it, and now there’s a court order.

PROBLEM: what about the people caught up in wars/catastrophes? they are not being prosecuted, but this means that they can’t be asylum seekers either.

actually though, this isn’t Article 1 of 1951 convention, because in that convention, it says that it’s only applicable to cases applying “before Jan 1, 1951” referring to wars

but, they realized migration is an all-around issue, and thus, they decided to actually adopt a whole new protocol, which literally copies and pastes everything from ‘51 convention except they change Art. 1 to not have the geographical or temporal limits in it

THIS IS THUS CALLED, THE 1967 REFUGEE PROTOCOL but, everyone still refers to and calls it the 1951 Convention, even though it’s technically not true.

hmm

Question 22

What is given according to 1951 Refugee Convention?

Answer 22

1. everyone has the right to get their refugee status determined by the applicable national authorities
2. refugees have the right to be protected by their host countries without discrimination to their race, religion, or country of origin
3. Refugees have the right to enjoy the privileges and rights in their host country as are defined in this treaty
4. Refugees may not be sent home if their lives/freedoms will be in danger - this is the non-refoulment policy

Question 23

RSD?

Answer 23

REFUGEE STATUS DETERMINATION
- not every person whose in a new country gets to be a refugee
- Governments thus make determinants of RSD to assess if they qualify
- Asylum seekers must fulfill the criteria prescribed under the ‘51 Convention/’67 Protocol

Question 24

Obligations of ‘51 Convention

Answer 24

1. Non-refoulement - states can’t send refugees back whose lives/freedoms are threatened. this is a international HRs law!
2. No discrimination between civilians and refugees - refugees shall be granted the same social services that civilians get; i.e. welfare, access to local courts, and education.
3. Art 7 - refugees shall be treated the same as any other foreigners

refugees also have obligations → abide to the local laws.

in practice, absolutely no state adheres to this bud

Question 25

Compliance - 1951 Convention

Answer 25

No official ways to measure compliance, so it’s very difficult to keep records.

especially because:

RSD is a national process, every state establishes their own rules/criteria.

Biggest challenge: is convincing governments. That refugees actually should receive refugee status.

Since states have sovereign rights within their state, but as soon as a refugee enters their states, even if it’s done illegally, then they get the status (or should at least) even for waters. therefore, they conduct major pushbacks, to ensure no one enters their state, even sink boats and shit. they then argue, that this is legal, because they’re not considered as refugees, because they haven’t entered any state yet.

Compliance??
- empirically, really high, because governments will only show the successful asylum seeker applications. Not the mass amount of ones they didn’t accept.
So in real life, compliance is so low.

Question 26

Enforcement of 1951/’67?

Answer 26

none

Question 27

How effective is the UNHCR?

Answer 27

under normal conditions, it is very effective because:
1. provides legal consulting in the language of the asylum seeker
2. helps the asylum seeker with their application, also translates it.
3. Interviews are help, and translated
4. RSD begins and will accept/reject the application - takes months/years

thus, UNHCR is effective when there aren’t a lot of asylum seekers, but it becomes paralyzed by influx of migrants. Because the RSD takes so long.

Question 28

UNHCR mandate and features

Answer 28

mandate: provide international protection to refugees seeking protection and works for permanent solutions; to ensure refuge-seeking asylum seekers find safe refuge from: violence, war, disaster, and prosecution.

Functions/structure
1. subsidiary organ of the UNGA
2. adopted ‘51 Convention definition of refugee
3. Tries to be ‘non-political’ by assisting all refuges without discrimination
4. Stays within the limits of international law regarding: borders, migration, and sovereignty.

States it wants to be non-political and impartial, but, the issue of migrants IS political, not to mention, that the IO receives all its funds through donations taking away it’s impartialness

Question 29

Art. 8 of UNHCR Statute

Answer 29

The UNHCR provides protection by:
a) promoting international conventions for the protection of refugees and supervises their application
b) Promotes agreements with governments to aid refugees
c) assists voluntary repatriation or assimilation in new communities
d) promote the admission of refugees

Question 30

UNHCR Functions *

Answer 30

1. attentive to the physical well-being of people in forced migration
2. interacts with governments, pressuring them to live up to the Convention.
3. has interviews with them, collects evidence to support their claims, runs RSD processes. Thus, they have offices in every MS to harmonize with governments.
   impartial/objective - no, no

Question 31

problem with UNHCR?

Answer 31

you knowww

Question 32

IOM Mandate

Answer 32

International Organization FOR migration

-works directly WITH local governments, UPON their request

Mandate: to assist governments to meet the challenges of migration management, NOT the people of concern

example: printing ID cards, registrations, distributing goods, transferring people, establishing camps etc.

promotes cooperation and coordination on international migration issues in order to develop practical solutions.

Question 33

Services of IOM

Answer 33

1. offers expertise/managing borders and the people who cross them
2. operational roles to run specific programs with the government
   - must be requested by the MS

Question 34

Problem with IOM

Answer 34

funds are directed toward the funding members’ goals, and not those of the director general

Question 35

ICC Statute

Answer 35

1998 Roman Statute was the founding statute
- is a punitive court

Question 36

ICC mandate

Answer 36

1. Ending impunity
2. Establishing individual responsibility
3. Deas with genocide, war crimes, crimes against humanity, and acts of aggression.

*Mandate is in the preamble**

Question 37

Nuremberg Principles

Answer 37

these principles are really important because they gave the Roman Statute determinants for what constitutes as a war crime.

Ad hoc tribunals were very useful for the ICC because it provided a lot of information/guidelines

The Nuremberg Principles are found in the statute.
Example:

Principle III - stating one is not guilty since they were acting pursuant to government orders is not valid
Principle VII - compliance is not allowed

today; the ICC:
- defines suspects
- doesn’t have its own police force or its own prison.

Question 38

How a case is brought to the ICC?

Answer 38

1. case can be referred to the court by a MS Art. 14
2. UNSC Art. 13 (b)
3. Independent investigators of the ICC prosecutions office.

Question 39

Obligations for ICC

Answer 39

the court has jurisdiction of the crime if it’s committed 1) in a MS 2) by a civilian whose MS is apart of the ICC, or 3) if there’s been an inaction of domestic courts

1. State parties shall cooperate fully with the court in it’s investigation/prosecution
2. MS can’t have ANY reservations
3. Arrest the suspects and surrender them to the ICC
4. the statute defines when it does(n’t) have jurisdiction over the case.
   a) if a person is suspected of any of the crimes in Art. 4 IT DOES
   b) Must be a connection through i) citizenship ii) territoriality iii) Unless, the UNSC initiated it.
   c) Case CAN’T proceed if it’s already been investigated/prosecuted by a state that has jurisdiction over it because of the COMPLIMENTARY aspect of the ICC → ICC is secondary to domestic courts

if there’s a disagreement about if a domestic investigation was ‘genuine’, then the ICC has the power to determine

critique: this means ICC is actually superior?

Question 40

Problems of ICC

Answer 40

no enforcement
sovereignty?