UN and international law

Question 1

League of Nations

Answer 1

• important precursor of the UN
• emerged between the two WWs (WWI perceived as war to end all wars)
• utopian project to combat issues that emerged from WWI and ensure it didn’t occur it again
  
  • issue: punishment and exclusion of Germany causing bankruptcy of economy and uprising of fascism
• key idea: collective security – security of other states is of concern to all and requires a collaborative/collective responsive
• issue: no independent power or capacity, relied on ‘great powers’, wanted to encourage disbarment but lacked any enforcement capability
  
  • couldn’t overcome national interests
  • curb militarisation by Germany and rise of Hitler
• US decided not to join despite Wilson’s role
• E H Carr: father of realism, led critique of ‘utopians’
  
  • highly sceptical of institutions e.g. LoN to achieve their aims as lacked capacity to compel powers to relinquish arms and prevent arms race, based on utopianism

Question 2

Origins and evolution of UN

Answer 2

• 1945: replacement for the LoN, inter-governmental organisation to promote peace, product of WWII and desire to avoid catastrophic conflict
• paralysed by Cold War fundamental ideological differences from founding, created obstacle to creation of other institutions and cooperation between the two great powers
• has been associated with successful peacekeeping especially in the Middle East
• UNDHR: argues human rights should apply to all and were universal
  
  • cultural relativism: each cultures have different values and argues nothing can be made universal, should UN respect ‘traditional’ values/different cultures?
  • is it politically feasible to actually honour potentially contentious/difficult obligations e.g. Article 14 (right to seek asylum)
  • critics say too idealistic and does little in operation
• source of benchmarking for world systems

Question 3

UN institutions

Answer 3

• General Assembly:
  
  • 193 members that makes non-binding resolutions to the Security Council
  • decides on new members
  • adopts budget
  • elects non-permanent members of SC, Secretary General, members of Court of Justice
• UN Secretariat
  
  • headed by elected Secretary General, staffed by international public servants
  • SG chief administrator and diplomat/public face of UN
  • 1-2 x 5 year terms – not from permanent SC members
  • election process now more transparent/open
• Security Council
  
  • relic of/compromise from founding of UN
  • 5 permanent members from great powers of WWII: US, UK, Russia, China, France who have veto power
    
    • some argue lacks legitimacy as some members are no longer ‘great powers’ e.g. France and other countries who are now considered a great power are not members e.g. India
  • 10 non-permanent members: two-year terms with no veto power
  • SC can make binding rulings
• International Court of Justice
  
  • primary judicial organ of UN based in The Hague
  • decides disputes among states that recognise its jurisdiction, issues as not binding
  • 1984: US withdrew following decision on unlawful use of force in Nicaragua
  • only states can apply for judgements, not individuals or organisations
• UN peace keeping
  
  • SC can authorise peace keeping operations
  • monitor and observe post-conflict peace building e.g. during cease fires
  • important roles in Israel-Palestine, Korea, more recently intra-state conflicts in El Slavador/Mozambique
  • failures in Yugoslavia, Rwanda

Question 4

Criticisms of UN

Answer 4

• unrepresentative of current world order, especially SC
  
  • but how to resolve this? France and UK give up seat?
• North-South split: latter want more powerful General Assembly, different ideas, values and priorities
• inefficient and expensive
• failed to anticipate/resolve major crises e.g. Rwanda, Somalia
• will national interests prevail?

Question 5

Reform/benefits of UN

Answer 5

• need a more effective, better funded and powerful UN
• continuing, professional military force: standing, independent, well-paid, army that also operates as peace makers/builders
• creates vital employment
• paid for by international taxes on transnational corporations/capital flows
• great that the UN has managed to continue to exist in spite of reigning state sovereignty