Public International Law Lecture Notes 2024-2025 PDF

3 2024-2025 David den Dunnen [email protected] International Bachelor of...

3 2024-2025 David den Dunnen [email protected] International Bachelor of Law Programme Public International Law Lecture #2: The United Nations: Purposes and Principles, Structure and Main Bodies  Agenda 1. Introduction 2. UN Purposes and Principles 3. UN Structure and Main Bodies, and Their Relationship 2 The UN System  Our world is becoming unhinged (…) and we seem incapable of coming together to respond. (…) The UN was created precisely for moments like this - moments of maximum danger and minimum agreement. António Guterres 3 The UN System 1. Introduction The UN is a truly global international organization Near universal membership Offices and missions around the world The UN System 4 2. UN Purposes and Principles The UN is also comprehensive in terms of purposes − Preamble and art. 1 UN Charter The principles of the UN − Art. 2 UNC The UN System 5  3. UN Structure and Main Bodies, and Their Relationship Art. 7 UNC: UN principal organs 1. Secretariat 2. General Assembly (GA) 3. Security Council (SC) 4. Economic & Social Council (ECOSOC) 5. Trusteeship Council 6. International Court of Justice (ICJ) The UN System 6  3. UN Structure and Main Bodies, and Their Relationship 1. Secretariat Art. 100: its staff is independent from the Member States Chapter XV UNC Responsible for day-to-day running of UN How many staff? A. 8,000 B. 20,500 C. 35,000 D. 51,500 7 The UN System  3. UN Structure and Main Bodies, and Their Relationship 1. Secretariat Art. 100: its staff is independent from the Member States Chapter XV UNC Responsible for day-to-day running of UN How many staff? A. 8,000 B. 20,500 C. 35,000 D. 51,500 8 The UN System 3. UN Structure and Main Bodies, and Their Relationship Led by the Secretary General, the UN’s chief administrative officer, and face to the world − Functions − Election − Currently Mr António Guterres − Predecessors: Former Secretaries-General | United Nations Secretary-General The UN System 9 3. UN 2. General Assembly Structure and Chapter IV UNC Competences Main Bodies, Membership and Their Tip: watch the speeches of world leaders at General Debate | General Relationship Debate (un.org) The UN System 10 3. UN Decision-making: art. 18 UNC Structure and − ‘Important questions’: two-thirds majority (para 2) Main Bodies, − ‘Other questions’: simple majority (para 3) and Their Output Relationship − Non-binding resolutions, unless… The UN System 11 3. UN Structure and Main Bodies, and Their Relationship 3. Security Council Ch. V UNC SC has been given primary responsibility for maintenance of international peace and security − Art. 24(1) If SC determines the existence of a threat to or breach of the peace, it can take measures to restore or maintain intl peace & security These resolutions are binding on the UN MSs − Art. 25 The UN System 12 3. UN Structure and Main Bodies, and Their Relationship Limited membership: 15 UN MSs − Art. 23 UNC 10 MSs have 2-year membership; are elected by GA (‘E10’) 5 MSs have permanent membership (‘P5’) Decision-making − All SC members have 1 vote (art. 27(1)) − Procedural matters need simple (9/15) majority (para 2) − “All other matters” need 9/15 including ‘yes’ from P5 (para 3) o ‘No’ from a P5 means it vetoes the adoption The UN System 13  3. UN Structure and Main Bodies, and Their Relationship 4. Economic and Social Council (ECOSOC) The importance of economic and social development and cooperation Coordinating body for UN specialized agencies 14 The UN System  3. UN Structure and Main Bodies, and Their Relationship 5. Trusteeship Council Body to assist and administer territories until their independence Today defunct 15 The UN System 3. UN Structure and 6. International Court of Justice Main Bodies, and Their Chapter XIV UNC Relationship Structure, composition, procedures, competences, jurisdiction → ICJ Statute 15 judges, elected by GA and SC The legal systems of the world are represented The UN System 16 3. UN Structure and Two main competences: Main Bodies, and Their 1. Adjudicating contentious cases Relationship 2. Issuing advisory opinions The UN System 17 3. UN Structure and 1. Adjudicating contentious cases Main Bodies, and Their Chapter II, ICJ Statute Relationship Its decisions are binding upon the states party to the proceedings − Art. 94(1) UNC jo art. 59 Statute No appeal − Art. 60 Statute Enforcement? − Art. 94(2) UNC The UN System 18 3. UN Structure and 2. Issuing advisory opinions Main Bodies, and Their Art. 96 UNC jo Chapter IV Statute Relationship States, individuals etc. that may be affected by a UN act cannot take it to the UN court ICJ has no power of judicial review Advisory opinions are non-binding (unless…), yet highly influential The UN System 19  3. UN Structure and Main Bodies, and Their Relationship Principal organs of UN oversee and coordinate subsidiary organs − See separate chart − Art. 22 UNC − Subsidiary organs have no final responsibility over any UN matter − Their budgets are typically included in the regular UN budget, or the separate UN peacekeeping budget 20 The UN System 3. UN Structure and Main Bodies, and Their Relationship 1. International Law Commission (ILC) Contributes to the codification, development of PIL − Art. 13(1)(a) UNC − Drafted e.g. VCLT, Rome Statute, Articles on Responsibility of States for Internationally Wrongful Acts… No member states, but individuals: PIL experts The UN System 21 3. UN Structure and Main Bodies, and Their Relationship 2. Human Rights Council (HRC) Carries out Universal Periodic Review (UPR) of human rights situation in all UN Member States The UN System 22  3. UN Structure and Main Bodies, and Their Relationship Specialized agencies Autonomous international organizations, working with UN − Legally distinct from UN o Carry the ultimate responsibility for their work and budgets themselves − Focus: more specific, often technical subject matter − They have entered into a relationship with UN → entered UN system o Arts 57 jo 63 UNC o IO’s constituent instruments link their membership to UN’s o They provide for supervision by a primary UN organ; generally coordinated by ECOSOC 23 The UN System 3. UN Structure and Main Bodies, and Their Relationship 1. International Labour Organization (ILO) Sets, monitors labour standards established through international treaties (conventions) Aim: to improve work conditions Unique: ‘tripartite’ agency − States, and private actors (employers and workers) represented The UN System 24  3. UN Structure and Main Bodies, and Their Relationship 2. World Health Organization (WHO) Helps states improving people’s health conditions Assists, coordinates MSs’ fight against pandemics, infectious diseases Can it ask advisory opinion from ICJ? On the legality of nuclear weapons? The UN System 25  Workshop Study the ICJ’s ‘Namibia,’ ‘Lockerbie’ and ‘WHO Nuclear Weapons’ Advisory Opinions 26 The UN System