Lecture 9 - International Responsibility of Int. Organisations Flashcards
International Responsibility:
“Responsibility is the _______ of international law, the best proof of its existence and the most credible measure of its effectiveness.” – Allain Pellet
International Responsibility:
“Responsibility is the corollary of international law, the best proof of its existence and the most credible measure of its effectiveness.” – Allain Pellet
What is an International Organisation?
Originally, only _____ were members of international community.
International and Inter-Governmental Organizations (IGOs) slowly emerge as subjects of international law.
The first international organization is considered to be the International Telecommunication Union – 1865.
Currently, huge number (500+) of IGOs covering wide range of matters - global and regional scale. There are issues in coordination and efficiency.
Problems in defining IGOs, their rights and obligations.
What is an International Organisation?
Originally, only States were members of international community.
International and Inter-Governmental Organizations (IGOs) slowly emerge as subjects of international law.
The first international organization is considered to be the International Telecommunication Union – 1865.
Currently, huge number (500+) of IGOs covering wide range of matters - global and regional scale. There are issues in coordination and efficiency.
Problems in defining IGOs, their rights and obligations.
According to the Yearbook of International Organizations, an IGO is a body:
- Based on a formal instrument of _____between the governments of nation states;
- Including ____ or more nation states as parties to the agreement;
- Possessing a permanent _____performing ongoing tasks.
According to the Yearbook of International Organizations, an IGO is a body:
- Based on a formal instrument of agreement between the governments of nation states;
- Including three or more nation states as parties to the agreement;
- Possessing a permanent secretariat performing ongoing tasks.
Article 2 of DARIO (Draft Articles on the Responsibility of International Organisations) states:
For the purposes of the present draft articles,
(a) “international organization” means an organization established by a _____ or other instrument governed by international law and possessing its own international legal ______. International organizations may include as members, in addition to States, other entities;
(b) “rules of the organization” means, in particular, the constituent _______, decisions, resolutions and other acts of the international organization adopted in accordance with those instruments, and established practice of the organization;
(c) “organ of an international organization” means any person or entity which has that ____ in accordance with the rules of the organization;
(d) “agent of an international organization” means an official or other person or entity, other than an organ, who is charged by the organization with carrying out, or helping to carry out, one of its functions, and thus through whom the organization ___.
Article 2 of DARIO (Draft Articles on the Responsibility of International Organisations) states:
For the purposes of the present draft articles,
(a) “international organization” means an organization established by a treaty or other instrument governed by international law and possessing its own international legal personality. International organizations may include as members, in addition to States, other entities;
(b) “rules of the organization” means, in particular, the constituent instruments, decisions, resolutions and other acts of the international organization adopted in accordance with those instruments, and established practice of the organization;
(c) “organ of an international organization” means any person or entity which has that status in accordance with the rules of the organization;
(d) “agent of an international organization” means an official or other person or entity, other than an organ, who is charged by the organization with carrying out, or helping to carry out, one of its functions, and thus through whom the organization acts.
The League of Nations:
The League of Nations was an international organisation set up in 1919 to help keep world peace. It was intended that all countries would be members of the League and that if there were disputes between countries they could be settled by negotiation rather than by force. If this failed then countries would stop trading with the aggressive country and if that failed then countries would use their armies to fight. The whole world was hit by a depression in the late 1920s (see also, Great Depression started in the US in the 1930s). A depression is when a country’s economy falls. Trade is reduced, businesses lose income, prices fall and unemployment rises. In 1931, Japan was hit badly by the depression. People lost faith in the government and turned to the army to find a solution. The army invaded Manchuria in China, an area rich in minerals and resources. China appealed to the League for help. The Japanese government were told to order the army to leave Manchuria immediately. However, the army took no notice of the government and continued its conquest of Manchuria. The League then called for countries to stop trading with Japan but because of the depression many countries did not want to risk losing trade and did not agree to the request. The League then made a further call for Japan to withdraw from Manchuria but Japan’s response was to leave the League of Nations.
In October 1935, Italy invaded Abyssinia. The Abyssinians did not have the strength to withstand an attack by Italy and appealed to the League of Nations for help. The League condemned the attack and called on member states to impose trade restrictions with Italy. However, the trade restrictions were not carried out because they would have little effect. Italy would be able to trade with non-member states, particularly America. Furthermore, Britain and France did not want to risk Italy making an attack on them. In order to stop Italy’s aggression, the leaders of Britain and France held a meeting and decided that Italy could have two areas of land in Abyssinia provided that there were no further attacks on the African country. Although Mussolini accepted the plan, there was a public outcry in Britain and the plan was dropped.
The League of Nations:
The League of Nations was an international organisation set up in 1919 to help keep world peace. It was intended that all countries would be members of the League and that if there were disputes between countries they could be settled by negotiation rather than by force. If this failed then countries would stop trading with the aggressive country and if that failed then countries would use their armies to fight. The whole world was hit by a depression in the late 1920s (see also, Great Depression started in the US in the 1930s). A depression is when a country’s economy falls. Trade is reduced, businesses lose income, prices fall and unemployment rises. In 1931, Japan was hit badly by the depression. People lost faith in the government and turned to the army to find a solution. The army invaded Manchuria in China, an area rich in minerals and resources. China appealed to the League for help. The Japanese government were told to order the army to leave Manchuria immediately. However, the army took no notice of the government and continued its conquest of Manchuria. The League then called for countries to stop trading with Japan but because of the depression many countries did not want to risk losing trade and did not agree to the request. The League then made a further call for Japan to withdraw from Manchuria but Japan’s response was to leave the League of Nations.
In October 1935, Italy invaded Abyssinia. The Abyssinians did not have the strength to withstand an attack by Italy and appealed to the League of Nations for help. The League condemned the attack and called on member states to impose trade restrictions with Italy. However, the trade restrictions were not carried out because they would have little effect. Italy would be able to trade with non-member states, particularly America. Furthermore, Britain and France did not want to risk Italy making an attack on them. In order to stop Italy’s aggression, the leaders of Britain and France held a meeting and decided that Italy could have two areas of land in Abyssinia provided that there were no further attacks on the African country. Although Mussolini accepted the plan, there was a public outcry in Britain and the plan was dropped.
Failure of the League of Nations
The 4 main reasons for the failure of the League of Nations can be summarised into the following points:
1) Not all ______ joined the League.
Although the idea for the League of Nations had come from Woodrow Wilson, there was a change of government in the United States before the signing of the treaty and the new Republican government refused to join. As a punishment for having started World War One, Germany was not allowed to join and Russia was also excluded due to a growing fear of Communism. Other countries decided not to join and some joined but later left.
2) The League had no _____.
The main weapon of the League was to ask member countries to stop trading with an aggressive country. However, this did not work because countries could still trade with non-member countries. When the world was hit by depression in the late 1920s countries were reluctant to lose trading partners to other non-member countries.
3) The League had no _____.
Soldiers were to be supplied by member countries. However, countries were reluctant to get involved and risk provoking an aggressive country into taking direct action against them and failed to provide troops.
4) Unable to act _____.
The Council of the League of Nations only met four times a year and decisions had to be agreed by all nations. When countries called for the League to intervene, the League had to set up an emergency meeting, hold discussions and gain the agreement of all members. This process meant that the League could not act quickly to stop an act of aggression.
Failure of the League of Nations
The main reasons for the failure of the League of Nations can be summarised into the following points:
1) Not all countries joined the League.
Although the idea for the League of Nations had come from Woodrow Wilson, there was a change of government in the United States before the signing of the treaty and the new Republican government refused to join. As a punishment for having started World War One, Germany was not allowed to join and Russia was also excluded due to a growing fear of Communism. Other countries decided not to join and some joined but later left.
2) The League had no power.
The main weapon of the League was to ask member countries to stop trading with an aggressive country. However, this did not work because countries could still trade with non-member countries. When the world was hit by depression in the late 1920s countries were reluctant to lose trading partners to other non-member countries.
3) The League had no army.
Soldiers were to be supplied by member countries. However, countries were reluctant to get involved and risk provoking an aggressive country into taking direct action against them and failed to provide troops.
4) Unable to act quickly.
The Council of the League of Nations only met four times a year and decisions had to be agreed by all nations. When countries called for the League to intervene, the League had to set up an emergency meeting, hold discussions and gain the agreement of all members. This process meant that the League could not act quickly to stop an act of aggression.
The United Nations:
Due to the powers vested in its Charter and its unique international character, the United Nations can take ____ on the issues confronting humanity in the 21st century, such as peace and security, climate change, sustainable development, human rights, disarmament, terrorism, humanitarian and health emergencies, gender equality, governance, food production, and more.
The UN also provides a forum for its members to express their views in the General Assembly, the Security Council, the Economic and Social Council, and other bodies and committees. By enabling dialogue between its members, and by hosting negotiations, the Organization has become a mechanism for governments to find areas of agreement and solve problems together.
The United Nations:
Due to the powers vested in its Charter and its unique international character, the United Nations can take action on the issues confronting humanity in the 21st century, such as peace and security, climate change, sustainable development, human rights, disarmament, terrorism, humanitarian and health emergencies, gender equality, governance, food production, and more.
The UN also provides a forum for its members to express their views in the General Assembly, the Security Council, the Economic and Social Council, and other bodies and committees. By enabling dialogue between its members, and by hosting negotiations, the Organization has become a mechanism for governments to find areas of agreement and solve problems together.
Established by the United Nations Charter (1945)
Purposes (of the UN)
Article 1:
* To maintain international peace and _____;
* To develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples;
* To achieve international co-operation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights;
* To be a centre for harmonizing the actions of nations in the attainment of these common ends.
2. Principles
Article 2 specifies, inter alia:
* Principle of the sovereign equality of all UN Members;
* Good faith obligation to act in fashion consistent with the Charter;
* Settlement of member international disputes by peaceful means in such a manner that international peace and security, and justice, are not _______;
* Members to refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state;
* Assistance to the UN.
Established by the United Nations Charter (1945)
Purposes (of the UN)
Article 1:
* To maintain international peace and security;
* To develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples;
* To achieve international co-operation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights;
* To be a centre for harmonizing the actions of nations in the attainment of these common ends.
2. Principles
Article 2 specifies, inter alia:
* Principle of the sovereign equality of all UN Members;
* Good faith obligation to act in fashion consistent with the Charter;
* Settlement of member international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered;
* Members to refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state;
* Assistance to the UN.
Relevance of the General Assembly:
* Political relevance: important to have a global “talk-shop”
* Legal relevance:
“progressive” school of resolution interpretation have sought to characterize the General Assembly’s resolutions as the source of international law where the Assembly formulates the norms for the first time and adopts the resolution overwhelmingly and with the intent for it to be ______ binding.
Relevance of the General Assembly:
* Political relevance: important to have a global “talk-shop”
* Legal relevance:
“progressive” school of resolution interpretation have sought to characterize the General Assembly’s resolutions as the source of international law where the Assembly formulates the norms for the first time and adopts the resolution overwhelmingly and with the intent for it to be legally binding.
The International Court of Justice:
- Inheritor of a long tradition of states arbitrating international disputes;
- Successor to the PCIJ, which had the following important qualities:
- Permanently constituted body with rules fixed beforehand and binding on parties having recourse to the Court.
- Able to set about gradually developing a constant practice and maintaining a certain continuity in its decisions,
- Empowered to give ______ opinions upon any dispute or question referred to it by the League of Nations Council or Assembly.
The International Court of Justice:
- Inheritor of a long tradition of states arbitrating international disputes;
- Successor to the PCIJ, which had the following important qualities:
- Permanently constituted body with rules fixed beforehand and binding on parties having recourse to the Court.
- Able to set about gradually developing a constant practice and maintaining a certain continuity in its decisions,
- Empowered to give advisory opinions upon any dispute or question referred to it by the League of Nations Council or Assembly.
Optional Protocol, Vienna Convention on Consular Relations -
Article __:
Disputes arising out of the interpretation or application of the Convention shall lie within the compulsory jurisdiction of the International Court of Justice and may accordingly be brought before the Court by an application made by any party to the dispute being a Party to the present Protocol.
General Act for the Pacific Settlement of International Disputes -
Article 17:
All disputes with regard to which the parties are in conflict as to their respective rights shall, subject to any reservations which may be made under Article 39, be submitted for decision to the Permanent Court of International Justice, unless the parties agree, in the manner hereinafter provided, to have resort to an arbitral tribunal.
Optional Protocol, Vienna Convention on Consular Relations -
Article 1:
Disputes arising out of the interpretation or application of the Convention shall lie within the compulsory jurisdiction of the International Court of Justice and may accordingly be brought before the Court by an application made by any party to the dispute being a Party to the present Protocol.
General Act for the Pacific Settlement of International Disputes -
Article 17:
All disputes with regard to which the parties are in conflict as to their respective rights shall, subject to any reservations which may be made under Article 39, be submitted for decision to the Permanent Court of International Justice, unless the parties agree, in the manner hereinafter provided, to have resort to an arbitral tribunal.
Jurisdiction of the ICJ:
States allow automatic jurisdiction in instance where the other party also accepts the court’s compulsory jurisdiction and where the matter concerns: (a) the interpretation of a _____; (b) any question of international law; (c) the existence of any fact which, if established, would constitute a ______ of an international obligation; (d) the nature or extent of the reparation to be made for the breach of an international obligation.
Jurisdiction of the ICJ:
States allow automatic jurisdiction in instance where the other party also accepts the court’s compulsory jurisdiction and where the matter concerns: (a) the interpretation of a treaty; (b) any question of international law; (c) the existence of any fact which, if established, would constitute a breach of an international obligation; (d) the nature or extent of the reparation to be made for the breach of an international obligation.
Sample Compulsory Jurisdiction of the ICJ Declarations:
- “The Government of ______ declares that it recognises as compulsory ipso facto and without special agreement, in relation to any other State accepting the same obligation, the jurisdiction of the International Court of Justice in conformity with paragraph 2 of Article 36 of the Statute of the Court, until such time as notice may be given to the Secretary-General of the United Nations withdrawing this declaration. This declaration is effective immediately.
This declaration does not apply to:
(a) any dispute in regard to which the parties thereto have agreed or shall agree to have recourse to some other method of peaceful settlement;
(b) any dispute concerning or relating to the delimitation of maritime zones … ;
(c) any dispute in respect of which any other party to the dispute has accepted the compulsory jurisdiction of the Court only in relation to or for the purpose of the dispute; or where the acceptance of the Court’s compulsory jurisdiction on behalf of any other party to the dispute was deposited less than 12 months prior to the filing of the application bringing the dispute before the Court.”
- “On behalf of the Government of _______, …
2. I declare that the Government of Canada accepts as compulsory ipso facto and without special convention, on condition of reciprocity, the jurisdiction of the International Court of Justice, in conformity with paragraph 2 of Article 36 of the Statute of the Court, until such time as notice may be given to terminate the acceptance, over all disputes arising after the present declaration with regard to situations or facts subsequent to this declaration, other than:
(a) disputes in regard to which the parties have agreed or shall agree to have recourse to some other method of peaceful settlement;
(b) disputes with the Government of any other country which is a member of the Commonwealth, all of which disputes shall be settled in such manner as the parties have agreed or shall agree;
(c) disputes with regard to questions which by international law fall exclusively within the jurisdiction of Canada; and
(d) disputes arising out of or concerning conservation and management measures taken by Canada with respect to vessels fishing in the NAFO Regulatory Area
3. The Government of Canada also reserves the right at any time, by means of a notification addressed to the Secretary-General of the United Nations, and with effect as from the moment of such notification, either to add to, amend or withdraw any of the foregoing reservations, or any that may hereafter be added.”
Sample Compulsory Jurisdiction of the ICJ Declarations:
- “The Government of Australia declares that it recognises as compulsory ipso facto and without special agreement, in relation to any other State accepting the same obligation, the jurisdiction of the International Court of Justice in conformity with paragraph 2 of Article 36 of the Statute of the Court, until such time as notice may be given to the Secretary-General of the United Nations withdrawing this declaration. This declaration is effective immediately.
This declaration does not apply to:
(a) any dispute in regard to which the parties thereto have agreed or shall agree to have recourse to some other method of peaceful settlement;
(b) any dispute concerning or relating to the delimitation of maritime zones … ;
(c) any dispute in respect of which any other party to the dispute has accepted the compulsory jurisdiction of the Court only in relation to or for the purpose of the dispute; or where the acceptance of the Court’s compulsory jurisdiction on behalf of any other party to the dispute was deposited less than 12 months prior to the filing of the application bringing the dispute before the Court.”
“On behalf of the Government of Canada, …
- I declare that the Government of Canada accepts as compulsory ipso facto and without special convention, on condition of reciprocity, the jurisdiction of the International Court of Justice, in conformity with paragraph 2 of Article 36 of the Statute of the Court, until such time as notice may be given to terminate the acceptance, over all disputes arising after the present declaration with regard to situations or facts subsequent to this declaration, other than:
(a) disputes in regard to which the parties have agreed or shall agree to have recourse to some other method of peaceful settlement;
(b) disputes with the Government of any other country which is a member of the Commonwealth, all of which disputes shall be settled in such manner as the parties have agreed or shall agree;
(c) disputes with regard to questions which by international law fall exclusively within the jurisdiction of Canada; and
(d) disputes arising out of or concerning conservation and management measures taken by Canada with respect to vessels fishing in the NAFO Regulatory Area - The Government of Canada also reserves the right at any time, by means of a notification addressed to the Secretary-General of the United Nations, and with effect as from the moment of such notification, either to add to, amend or withdraw any of the foregoing reservations, or any that may hereafter be added.”
International Responsibility:
- Although the Member States create the international organizations and define their objectives, functions, and powers, the international organizations exercise these functions and powers as their own.
- The extension of the activities of international organizations in quality and in quantity raises the question of responsibility and liability.
- The notion of responsibility is understood as ________ for acts which are wrongful under international law.
- The notion of liability in international law is much more opaque: sometimes used when a subject under international law is held accountable for lawful acts (e.g. Liability for Lawful Acts); sometimes it is applied to actions of private operators in a regime regulated by international law such as the Space Treaty; quite often, however, the notions of liability and responsibility are used interchangeably.
International Responsibility:
- Although the Member States create the international organizations and define their objectives, functions, and powers, the international organizations exercise these functions and powers as their own.
- The extension of the activities of international organizations in quality and in quantity raises the question of responsibility and liability.
- The notion of responsibility is understood as accountability for acts which are wrongful under international law.
- The notion of liability in international law is much more opaque: sometimes used when a subject under international law is held accountable for lawful acts (e.g. Liability for Lawful Acts); sometimes it is applied to actions of private operators in a regime regulated by international law such as the Space Treaty; quite often, however, the notions of liability and responsibility are used interchangeably.
The International Responsibility of International Organisations under Customary Law.
- The question to what extent customary international law is binding upon international organizations is more troublesome to answer, for example in the context of human rights law or humanitarian law.
- This cannot be answered in a general way, but only case by case.
- The United Nations declared its willingness to be bound by humanitarian law, and it is the prevailing position that international organizations must respect human rights in so far as they have become customary law.
- The binding customary norms of course encompass these of a jus cogens character. As far as an international organization is bound by a customary norm, it can be held ______ for a breach of this norm.
The International Responsibility of International Organisations under Customary Law.
- The question to what extent customary international law is binding upon international organizations is more troublesome to answer, for example in the context of human rights law or humanitarian law.
- This cannot be answered in a general way, but only case by case.
- The United Nations declared its willingness to be bound by humanitarian law, and it is the prevailing position that international organizations must respect human rights in so far as they have become customary law.
- The binding customary norms of course encompass these of a jus cogens character. As far as an international organization is bound by a customary norm, it can be held responsible for a breach of this norm.
