Normative powers of the UN

Question 1

How is an International Organization created?

Answer 1

IOs are expressly created by states through formal decision as laid down in their constituent instruments
Such instruments have a specific nature, because some treaties fall within the framework of international law, and some treaties have a special character as they create new subjects of international law

Question 2

What is an International Organization?

Answer 2

IOs are organizations established by a treaty or other instrument governed by international law, possessing its own international legal personality, and governed by the principle of speciality (contrary to states)
States and other entities can be members of IOs

Question 3

What is the UN Security Council?

Answer 3

An organ of the UN System
Its primary responsibility is the maintenance of international peace and security
The Members of the UN agree to accept and carry out the decisions of the UNSC
Decisions require the votes of nine members (15 total), including all the votes from the permanent members (UK, US, France, Russia and China)

Question 4

What health-related resolutions has the UNSC taken?

Answer 4

in 2000 (R1308): HIV-infected UN Peacekeepers can not be as productive
in 2011 (R1983): HIV/AIDS pandemic has an impact on international stability
in 2014 (R2177): recognized Ebola outbreak as a threat to peace and security, first time adopting a resolution under Chapter 7 about a disease
in 2020 (R2532): asks for worldwide cease-fire to manage pandemic
in 2021 (R565): asks for solidarity in access to tests, treatments and vaccines

Question 5

What is the UN General Assembly?

Answer 5

Organ of the UN system
Composed by all the members of the UN, each has a delegation
It may discuss any matter (except current dispute being handled by the UNSC) and can make recommendations to the members of the UN or the UNSC
Each of the 193 members has a vote, important decisions require a 2/3 majority
UNGA resolutions are generally not legally binding, but are politically binding

Question 6

How does the UNGA contribute to treaty-making?

Answer 6

It can raise and commitment on issues, set the agenda
it can create multilateral negotiating bodies in specific areas
it can create UN Programmes in specific ares (UN Development Program, UN Environment Program)
It can organize world summits
it is a platform for treaty adoption

Question 7

What are WHO’s normative powers?

Answer 7

WHO has the capacity to make treaties;
- Agreements: can be on any topic, States have 18 months to choose if they want it. The only is the Framework on Tobacco Control
- Regulations: can be on 5 topics (epidemics, nomenclature, advertising, safety of pharmaceuticals products, respect of diagnosis procedures), States are in by default. Only two (Nomenclature of causes of deaths and 2005 International Health Regulation)
Otherwise, can make non-binding decisions: recommendations, resolutions, and global strategies and action plans.

Question 8

What is the difference between hard law and soft law?

Answer 8

Hard law: obligation, precision, and an independent adjudicatory body
Soft law: agreement by States/IOs, normative character, non-binding

Question 9

Does soft law or hard law works best?

Answer 9

It depends on the force of the provisions, the States’ compliance and monitoring means, and on the context (civil society engagement, network crystallization)
Hard Law: legal basis for homogenization, hard to negociate, result is a compromise, compliance can be an issue
Soft Law: political commitment, easier to adopt, flexible, deeper commitment, can be translated into national law, difficult to harmonize behaviours