United Nations Flashcards

1
Q

Origins of UN

A
  • multiple attempts
  • finally, 1945 (San Francisco): UN Conference on Int. Organizations
  • still some disagreements (veto? ICJ jurisdiction? role of colonies? regional organizations?)
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2
Q

Critics of UN origins

A
  • alliance of great powers

- imperialist

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3
Q

The Charter 3 key points

A
  • other treaties are subordinate
  • refrain of threats or use of force
  • sovereign equality
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4
Q

UN structure

A
  1. general assembly
  2. security council
  3. secretariat
  4. ECOSOC
  5. ICJ
  6. Trusteeship council?
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5
Q

UNGA: Uniting for Peace Resolution

  • origins
  • consequence
A
  • Soviet Union vs other members dispute about China
  • recurrent SU veto
  • 1950: if fail to reach unanimity & 9UNSC in favour & majority UNGA in favour = special session
  • special emergency session: rarely used, different decision-making process. No vetos useable
  • recentL Jerusalem Dec 2017
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6
Q

UNGA decision making

A

For security, new members… 2/3
For rest… simple majority
Not legally binding (“recommendations” only)

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7
Q

UNGA membership process & types of members

A
  • application by state -> secretary general -> UNSC -> UNGA 2/3
    1. member states (193)
    2. non-member observer status (palestine due to US veto in SC in 2012)
    3. IGO with observer status (AU)
    4. EU
  • geographical distribution mechanism
  • observers and EU: no right to vote on substantive matters
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8
Q

How effectively does UNGA design mitigate sovereign inequality

A

agenda-setting stage -> medium equalizing
negotiation state -> weak equalizing (meetings and staff)
decision-making stage -> strong equalizing

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9
Q

How often is the UN budget renegotiated?

A

biannual basis

4 UN budgets

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10
Q

What is the UN budget decision-making process?

A

ACABQ proposal (committee) -> budget committee review -> GA decision (consensus now - used to be 2/3)

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11
Q

Who is the biggest UN Regular Budget contributor

A

USA. Many pay very very little: importance of consensus

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12
Q

What is the problem with UN Regular budget

A

Majority of countries pay late
Withholding payment -> Negotiation tool
UN deficit
non-compliance?

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13
Q

What is the sanction to not paying?

A

If 2+ years late: lose voting right (rarely enforced)

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14
Q

What are UN specialized agencies?

A
independent IOs with own treaty
created outside UN
coordinated by ECOSOC
don't benefit from budget but mostly contributions
e.g. IMF
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15
Q

What is the UNSC aim?

A

establish and maintain international peace and security

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16
Q

How is UNSC membership organized?

A

P5 + 10
geographical distribution
elected in GA for 2 years

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17
Q

What are the types of decisions that can be made by UNSC members

A
  1. substantive decisions - 9 votes including P5
  2. procedural decisions - 9 votes
  3. practice of abstention
    (legally binding decisions)
18
Q

What is UNSC collective action and how has it changed?

A
  • determination if there is a threat
  • can use air, sea or land forces
  • changed from comprehensive sanctions -> smart sanctions
19
Q

What are the 3 key features of UNSC peacekeeping?

A
  1. consent
  2. use of force only in self-defence
  3. impartiality
20
Q

What does UNSC peacekeeping rely on?

A

civilian staff recruited by UN

army contributions by member states

21
Q

UNSC budget

A
  • seperate peacekeeping budget (very small)

- troop contributors vs. financors

22
Q

How has UNSC peacekeeping had to adapt?

A
  • changing nature of war (more intrastate)
  • responsibility to protect (R2P) -> genocide, war crimes, ethnic cleansing, crimes against humanity without taking away state sovereignty
23
Q

What have been the UNSC criticisms?

A
  • too small and selective
  • mainly western regional distribution
  • permanent membership
  • veto power
24
Q

What has been a demand for change in the UNSC

A

more accountability for HR violations

-external, internal & hybrid conception (can IOs be held accountable)

25
Q

distinguish between peacekeeping missions vs. peace-enforcement missions

A

peacekeeping: gov. consent & negotiated with parties

peace-enforcement: coercive invasions & can wage war

26
Q

What are some UN secretariat criticisms?

A

hiring is determined by regional distribution -> not efficient
UN Secretary General is appointed by SC recommendation -> follows SC national interests

27
Q

What does the UN ECOSOC do?

A
  • economic and social council
  • connect specialized agencies & NGOs with UN
  • coordination role
28
Q

UN Trusteeship Council

A

only until 1994

help former colonies with independence

29
Q

When was ICJ established as a UN organ?

A

1945 - stemmed from LoN permanent court of justice

30
Q

How is ICJ membership organized?

A

UN member = ICJ member

31
Q

How is the ICJ formed/organized?

A

15 judges elected by UN GA & SC by simple majority
2 ad hoc judges possible for each case
international civil servants - for expertise
Secretariat: the Registry

32
Q

What are the 2 types of cases of the ICJ

A

contentious jurisdiction and advisory proceedings

33
Q

What is contentious jurisdiction

A
  • legal dispute between states with recognized ICJ jurisdiction
  • based on either:
    1. ad hoc acceptance (agreement to go to court)
    2. based on treaty clause
    3. optional clause declaration (for all future disputes)
34
Q

What are advisory proceedings?

A

-request for advisory opinions on legal questions

35
Q

How are the ICJ decisions

A
  • public -> transparency
  • seperate opinions and dissenting opinions allowed
  • no appeal opportunity but can ask for detailed argumentation
36
Q

How is it established if smth is ‘wrong’? (ICJ)

A

(hierarchically organized)

  1. international conventions
  2. customary law
  3. national legal system
  4. judicial scholarship (scholars, experts)
37
Q

ICJ compliance and enforcement

A

high compliance with low enforcement

puzzle

38
Q

ICJ-UN relations

A
  • UNGA asks ICJ for legal advice

- UN members committed to respect ICJ decisions

39
Q

ICJ Case: Iran vs USA (2018)

A
  • Iran claimed US violation of treaty due to sanctions

- court claimed US guilty for impediment to humanitarian needs

40
Q

Difference between active participation and effective participation?

A

active - using formal rights (precondition)

effective - achieving aims and exerting influence