United Nations Flashcards
Origins of UN
- multiple attempts
- finally, 1945 (San Francisco): UN Conference on Int. Organizations
- still some disagreements (veto? ICJ jurisdiction? role of colonies? regional organizations?)
Critics of UN origins
- alliance of great powers
- imperialist
The Charter 3 key points
- other treaties are subordinate
- refrain of threats or use of force
- sovereign equality
UN structure
- general assembly
- security council
- secretariat
- ECOSOC
- ICJ
- Trusteeship council?
UNGA: Uniting for Peace Resolution
- origins
- consequence
- 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
UNGA decision making
For security, new members… 2/3
For rest… simple majority
Not legally binding (“recommendations” only)
UNGA membership process & types of members
- 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
How effectively does UNGA design mitigate sovereign inequality
agenda-setting stage -> medium equalizing
negotiation state -> weak equalizing (meetings and staff)
decision-making stage -> strong equalizing
How often is the UN budget renegotiated?
biannual basis
4 UN budgets
What is the UN budget decision-making process?
ACABQ proposal (committee) -> budget committee review -> GA decision (consensus now - used to be 2/3)
Who is the biggest UN Regular Budget contributor
USA. Many pay very very little: importance of consensus
What is the problem with UN Regular budget
Majority of countries pay late
Withholding payment -> Negotiation tool
UN deficit
non-compliance?
What is the sanction to not paying?
If 2+ years late: lose voting right (rarely enforced)
What are UN specialized agencies?
independent IOs with own treaty created outside UN coordinated by ECOSOC don't benefit from budget but mostly contributions e.g. IMF
What is the UNSC aim?
establish and maintain international peace and security
How is UNSC membership organized?
P5 + 10
geographical distribution
elected in GA for 2 years
What are the types of decisions that can be made by UNSC members
- substantive decisions - 9 votes including P5
- procedural decisions - 9 votes
- practice of abstention
(legally binding decisions)
What is UNSC collective action and how has it changed?
- determination if there is a threat
- can use air, sea or land forces
- changed from comprehensive sanctions -> smart sanctions
What are the 3 key features of UNSC peacekeeping?
- consent
- use of force only in self-defence
- impartiality
What does UNSC peacekeeping rely on?
civilian staff recruited by UN
army contributions by member states
UNSC budget
- seperate peacekeeping budget (very small)
- troop contributors vs. financors
How has UNSC peacekeeping had to adapt?
- changing nature of war (more intrastate)
- responsibility to protect (R2P) -> genocide, war crimes, ethnic cleansing, crimes against humanity without taking away state sovereignty
What have been the UNSC criticisms?
- too small and selective
- mainly western regional distribution
- permanent membership
- veto power
What has been a demand for change in the UNSC
more accountability for HR violations
-external, internal & hybrid conception (can IOs be held accountable)
distinguish between peacekeeping missions vs. peace-enforcement missions
peacekeeping: gov. consent & negotiated with parties
peace-enforcement: coercive invasions & can wage war
What are some UN secretariat criticisms?
hiring is determined by regional distribution -> not efficient
UN Secretary General is appointed by SC recommendation -> follows SC national interests
What does the UN ECOSOC do?
- economic and social council
- connect specialized agencies & NGOs with UN
- coordination role
UN Trusteeship Council
only until 1994
help former colonies with independence
When was ICJ established as a UN organ?
1945 - stemmed from LoN permanent court of justice
How is ICJ membership organized?
UN member = ICJ member
How is the ICJ formed/organized?
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
What are the 2 types of cases of the ICJ
contentious jurisdiction and advisory proceedings
What is contentious jurisdiction
- 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)
What are advisory proceedings?
-request for advisory opinions on legal questions
How are the ICJ decisions
- public -> transparency
- seperate opinions and dissenting opinions allowed
- no appeal opportunity but can ask for detailed argumentation
How is it established if smth is ‘wrong’? (ICJ)
(hierarchically organized)
- international conventions
- customary law
- national legal system
- judicial scholarship (scholars, experts)
ICJ compliance and enforcement
high compliance with low enforcement
puzzle
ICJ-UN relations
- UNGA asks ICJ for legal advice
- UN members committed to respect ICJ decisions
ICJ Case: Iran vs USA (2018)
- Iran claimed US violation of treaty due to sanctions
- court claimed US guilty for impediment to humanitarian needs
Difference between active participation and effective participation?
active - using formal rights (precondition)
effective - achieving aims and exerting influence
