Introduction to International Organizations PDF

IIO João Bazelga Introduction to International Organizations IRO (2021/2022) - Leiden University Block 1 1 de 41 IIO...

IIO João Bazelga Introduction to International Organizations IRO (2021/2022) - Leiden University Block 1 1 de 41 IIO João Bazelga Introduction Throughout the analysis that I’m going to do about international organizations, I will also try to nd how their legal and political rules are used in practice in foreign policy and global governance. To exemplify the correlation between IOs and international politics I will take a look at stories that show the real in uence that some institutions have in policy and governance. This correlation has so much depth that nowadays all of our global issues are somehow linked to an international organization. Because IOs play an important role in world politics, is important to realistically study the international organizations that operate in the most important areas of international policy-making, as well as their power, limits and legal foundation. 1. Introduction to International Organizations International Organizations are… Established by states, and not by non-state actors like NGOs (Apple, Greenpeace, ICRC,…); Created by formal intergovernmental agreement; At least 3 regular states with regular meetings; Between state sovereignty and legal obligations; Created out of the sovereignty that states make to each other but act to limit those countries governance (IOs dilemma) Interdependence between states increases Importance of IOs increases That’s why they mainly act to correct global issues CATEGORISATION OF IOS Universal Every state can become a member. UN Membership Only some states can become a member. EU (and most Limited of them) Comprehensive/ IO deals with many di erent issues and UN general purpose topics. Competence Limited/Issue-speci c IO focuses on a speci c theme WTO Rule-making IO makes policy and sets rules UN Function Operational IO executes policy IAEA 2 de 41 fl fi ff fi fi IIO João Bazelga Decisions taken by member states UN Security Intergovernmental Decision- (Horizontal authority) Council making Decisions taken bu organisational body World Trade authority Supranational designated by member states (Vertical Organisation authority) OBLIGATIONS Treaties are the tool that IO’s have to set the obligations that each member state should comply too. Treaties: document that provides the foundation to an International Organization by spelling out, in a clear language with some ambiguous commitments, the goals and powers of the organization and the obligations/rules that govern member states must follow. When states join an IO they are promising to not only accept the obligations that are stated in these treaties (direct obligations), but also from some indirect obligations that might arose from the course of the operation of the organization. Example: UN Charter gives the General Assembly (GA) only the power to “make recommendations” to states, and does not give it the power to take decisions or impose new obligations. This means that criticising this IO for the lack of success that the states have concerning this recommendations doesn’t make sense since this is not an obligation that is stated in any of this IO treaties. COMPLIANCE Concerning the stated obligations of an IO, any state member has the choice to at any point in time follow or violate those same obligations. Compliance is seen has a choice. Usually, in an international crisis, if a state has strong incentive to go agains the rules of an IO and sees that his non-compliance is not going to a ect their disputes resources, they will. This compliance can be categorised as: -Explicit compliance (states explicit decide to join an IGO or not and comply or violate their rules) -Implicit compliance (IGOs in uence states preferences and that leads to the compliance of rules) Example: Dramatic situations like the terrorist attacks to the U.S. led them to, in 2003, invade Iraq and violate the decision of the UN Security Council?? International organizations work by shaping the environment in which states exist as well as their interests and goals. This makes it harder for a state to violate the rules of an IO. 3 de 41 fl ff  IIO João Bazelga Example: The UN Security Council constructed an idea of humanitarian intervention as a policy option. This idea has taken on a conceptual life of its own in a way that shapes how people think about responding to new international crises. ENFORCEMENT When a state fails to live up to an IO obligation: The IO takes enforcement action them, which is very rare (the IMF refuses future loans to states that failed to ful l their previous obligations) - direct enforcement; It a ects their reputation, which is usually what happens - indirect enforcement; The absence of direct enforcement power in most IO’s is often used to put into question their relevancy. However, maybe because of other indirect threats of punishment, state members usually cope with their obligations. | |—> They naturally feel committed to the idea of the rule of law; | |—> They fear that other states will be less inclined to enter into agreements with them; SOVEREIGNTY AND CONSENT What makes states responsible for the decision to follow or violate IO’s obligations is their sovereignty. State sovereignty: legal and normative framework that constitutes states as the nal authority over their territory and the people within it. States are sovereign in the sense that they are not subject to any higher political or legal authority. | | the rules of international law and of international organizations will always be subordinate to each state consent. | | Which leaves a big problem to IO’s: HOW TO ENFORCE IT’S DECISIONS TO A MEMBER STATE? | | If they don’t nd a way to make states comply, that’s considered a failure in the IO. (This hasn’t happened a lot of times in the history of IO’s) This sovereignty is however put in doubt by the uncertainty about some states’ domestic sphere and globalization which makes the decisions of one state a ect all the others. 4 de 41 ff fi fi ff fi IIO João Bazelga This concludes that states have the absolute power on IO’S. hey exist only because states have created them, and their powers apply only to the extent that states consent to them. “ENCHANTED” INTERNATIONAL ORGANIZATIONS Scholars are usually driven to adopt a positive position about IOs, since it manifests “international cooperation” and promotes compliance with their desirable policy choices. (Enchanted view) | Before assuming this is important to look at IOs real-world e ects. Because the truth is that they can be used for a wide range of purposes, their political e ects depend on who is using them and for what ends. GLOBAL GOVERNANCE AND INTERNATIONAL ORGANIZATIONS Global governance: broad range of rules and actors that make up the international regime on an issue. It is important to not only study the rules that de ne today’s IOs, but also the impact that they have in global governance and international relations. The sovereignty that these states own makes them in charge of choosing if they comply or not to IO’s obligations which makes the study of its relevancy very complex. 2. Theory, Methods, and International Organizations It is often said that since World War II we have been living in a rules-based international order built upon international institutions and the rule of law. This is the system that is said to be in crisis today as non-believers in global governance have become more powerful. Since IOs are said to shape the politics and controversies that arise in the relations between countries, is extremely important to study them, not only as whole (their basic features), but also trough the various theoretical lenses of IR. Especially to try to answer to their structural dilemma Their powers and existence are derivative of precisely those actors (states) that they are supposed to regulate, govern, or in uence. 5 de 41 fl fi ff ff IIO João Bazelga IOS AND INTERNATIONAL THEORY Let’s look at IOs trough the most familiar schools of taught from International Relations and try to answer some of their biggest questions. ➡ Realism / Neo-realism - From a place of insecurity, states are constantly looking to increase their power trough military force (International system is anarchic); - IOs are ‘instruments’ for states to pursue their national interests, usually concerning their military power (Theory of Hegemonic Stability); - The sovereignty of states allow them to decide if they want to use an IO or not. - Believes that IOs shouldn’t be allowed to interfere with states’ military resources (normative view). ➡ Institutionalism / Neoliberal-Institutionalism - States are unitary actors but are interdependent; - IOs enable cooperation among states by reducing transactions costs; - There are di erent types of “cooperation games” (game theory); ➡ Liberalism - Believes governments, in the pursuit of what they see as their interests, make the best possible policy choice that they can in light of information, resources, and options they have available; - Sees IOs as agreements/contracts that states believe match their national interests; - Minimises the authority of IOs by believing that each state remain legally and conceptually free to renounce those limits and revoke their consent at any time; - Domestic institutions subset: focus on how domestic actors come together and forms the interests that states seek trough IOs; - Regime theory subset: studies how the rules established by IOs shape the regimes; ➡ Constructivism - Argues that the way states and people behave towards each other remains on the distinction between who is an “ally” and who is an “enemy”; - Actors in world politics act towards each other based on the ideas they hold about the world (from past interactions with each other); - IOs are products of the way that states see each other and, at the same time, in uence those same ideas; - The rules change as states invoke and interpret them in particular cases, and states are changed as their decisions and indeed their sovereignty are rede ned by international rules. 6 de 41 ff fi fl IIO João Bazelga ➡ Marxism - International politics and international economics are one singular system (capitalism) that is extremely unequal; - IOs are designed by the rich to reinforce the unequal power relations between rich and poor states; Neo-Gramscianism, Feminist theories and post-colonial theory are also critical theories of IOs (like Marxism). THREE VIEWS OF IOS IN WORLD POLITICS ➡IOs as Actors - They are independent bodies, separated from there employees and owners; - They have legal standing, with certain rights and obligations; - The fact that IOs can do things that it’s constituent parts on their own are unable to do, explains their own “personality”. ➡IOs as Forums - They exist in space and time in the form of physical buildings, schedules of meetings, conferences with themes, speakers, and sponsors. - They act as meeting places where states discuss interests and problems of mutual concern; - Because all members have an opportunity to participate in this this discussions, they tend to have either few executive powers or high standards of consensus for decisions ➡IOs as Resources/Instruments - They are political resources used by states to pursue their domestic and international goals; - This shows the power of the organizations in states’ social and political contexts; - The fact that they are used as tools in the hands of states rather than as solutions to global problems helps to emphasise the limits to their power and e ectiveness. All of these roles coexist in the functioning of IOs and it’s hard to even imagine them without any of the three. IOS ROLE IN GLOBAL GOVERNANCE International Institutions: a body of norms, rules and practices that shape behaviour and expectations, without necessarily having the physical character of an international organization. | | 7 de 41 ff IIO João Bazelga |———IOs | |———International regimes: implicit or explicit principles, norms, rules and decision-making procedures around which actors’ expectations converge in a given area of international relations. Principles: beliefs of fact, causation and rectitude Norms: standards of behaviour de ned in terms of rights and obligations Rules: speci c prescriptions or proscriptions for action Decision-making procedures: prevailing practices for making and implementing collective choices Criticism of “Global Governance”: A-historical (introducing “global governance” as a new concept neglects historical developments that happened way before) Analytical vague (when we speak about global governance, we are talking about almost everything that goes is in world politics sphere) Normative (doesn’t reveal enough of the political problems) Eurocentric/Americanocentric (Mainly focus on institutions of the West) 2. History of IOs IOS LONGEVITY IOs usually last a long time; Most IOs survive their rst 5 years of existence; The survival of IOs depend on the political environment; Most IOs established between WW1 and WW2; Types of termination: - Expiration - Dissolution - Replacement - Merger - Disuse Causes of termination: -Exogenous shocks (provoke more IOs death - realist interpretation) -Institutional adaptability (some aspects of the institution can in uence their longevity) -Timing and sequencing (relative age, especially when the shocks happen) -Mandate (technical IOs are less vulnerable to termination) 8 de 41 fi fi fi fl  IIO João Bazelga -Bureaucratic autonomy in uences vitality (the more autonomy, the more likely an IO remains alive). -IOs located in attractive cities are more likely to remain alive. However, it is still hard to generalise because some institutions might be more/less vulnerable to speci c shocks. The death of IOs is important to analyse because right now the international system (that, by some, is said to be rules by international institutions) is going trough a moment of crisis (Brexit, termination of IOs). FIRST IOS After the Napoleonic wars (1803-1815), the structure of Europe was reshaped which led to the creation of the rst organizations between states: Central Commission for the Navigation of the Rhine* - 1815; International Telegraph Union (ITU) - 1865; Universal Postal Union (UPU) - 1874; International Bureau of Weights and Measure - 1875; International Railway Congress Association - 1885; International Bureau for the Protection of Intellectual Property - 1893; International O ce of Public Hygiene - 1907; The internationalism of the 19th Century made states participate in IOs as a sign of state power and instrument of foreign policy. Established in a variety of forms and with widely di ering impacts, international organ zations covered a broad sphere of issues. The League of Nations was established in this circumstances. 3. The League of Nations When founded in 1919 with “The Covenant of the League of Nations” (that entered into force in 1920 with the versailles treaty), the League of Nations was considered a “cosmopolitan success story” to the 32 original member states (that throughout time expanded to 58 members). For the rst time an international governmental organisation substantially shaped international relations. STRUCTURE The Assembly (plenary organ where every member was represented to make decisions, mostly by unanimity); The Council (executive organ that met once a year with the 6 permanent members, 4 voted non- permanent members and states that might be a ected by the discussion (assisting) to discuss and product reports, by unanimity); 9 de 41 fi fi ffi fi fl i­ ff ff IIO João Bazelga Permanent Secretariat (led by Secretary General, that is appointed by the Council, it supports the work of the council and the assembly and discloses the di cult controversies between national and international claims, remaining neutral); Permanent court of justice (nine judges in the Peace Palace, located in The Hague); Committees and Agencies (about disarmament, labour, health, etc.); GOALS Disarmament (World Disarmament Conference) - Original goal; Allow public discussion; Undermine states independent governance; Self determination for states; Ensure international peace; Promote cooperation between states; Promote international peace; FAILURE OF THE LEAGUE OF NATIONS No enforcement to non-compliance of the Covenant; US never joined the organization (even though the IOs was based on Woodrow Wilson’s idea); Predominance of national interests from powerful states (Great Britain); Failure to disarm states; Outbreak of WW2 (showed that the promotion of international cooperation was a complete fail); 4. United Nations (UN) The Charter of the United Nations (foundational treaty in which any other treaty is subordinated to), signed in 1945 (after WW2), established two things that the postwar planners though would improve world politics: - Basic rules of conduct for governments; - Formal institution with de ned organs, powers and obligations; A lot of the structure was established by the United Nations Conference on International Organization of 1945 (plenary and committee meeting between 50 states about matters like the role of regional organizations, right to veto of permanent members, status of ICJ jurisdiction and the role of colonies). MEMBERS 193 countries (started by 26 that signed the charter in 1945). 10 de 41 fi ffi IIO João Bazelga GOALS Maintain international peace and security; Ensure member states refrain from the threat or use of force against the territorial integrity or political independence of any state; Promote international cooperation; Preserve friendly, just and honourable relations between nations; Preserve sovereign equality for all its members; Intervene in international matters (it can only intervene in domestic ones with the consent of the government); Ensure that states that are not apart of the UN also follow these principles; STRUCTURE UN General Assembly (UN GA) - Plenary body of the UN; - Forum of discussion and decision-making between almost all world’s states; - Subsidiary organs: - Main committees 1. Disarmament and International Security Committee 2. Economic and Financial Committee 3. Social, Humanitarian and Cultural Committee 4. Special Political and Decolonisation Committee 5. Administrative and Budgetary Committee 6. Legal Committee - Disarmament Commission; - Human Rights Council; - International Law Commission; - Join Inspection Unit; - UN Dispute Tribunal; - Standing committees and ad hoc bodies; - Funds and programmes (UNFPA, UNDP, UNICEF): - Fully funded by voluntary contributions; - Have a duty to respond to UNGA and ECOSOC; - General debates (initial sessions in which every country’s representatives speak); - Important issues (peace and security, election of members for the UNSC and ECOSOC, acceptance of new members in GA, budgetary issues,…) are accepted by 2/3 majority; - Other issues (if some issue should be voted by a 2/3 majority) are accepted by simple majority; - The decisions are only political recommendations; 11 de 41 IIO João Bazelga - Has the ultimate power in UN membership - SOURCE 3; - 193 member states and non-member observer states (Holy See, Palestine (since 2012), Switzerland (until 2002), some IGOs with observer status (AU, EU, etc.) compose it; - Decides if observers have the right to speak and vote on procedural matters (EU has the right to speak and submit proposals); - Has decisive power over the UN budget (doesn’t include peacekeeping missions funding) and the allocation of costs among member states - SOURCE 2; 1 2 3 UN Security Council (UN SC) - Executive organ; - Responsible for responding to threats to international peace and security; - Has the authority to force states, trough military enforcement, economic sanctions or even taking out their UNGA voting privilege, to change their policies to prevent threats to international peace and security; - 15 members: - 5 permanent members (China, France, Russia/Soviet Union, UK and the US); - 10 non-permanent members elected for two year terms in accordance to their regional group (and the choosing method is decided by the regional group); - Decisions require the acceptance of all 5 permanent members (veto power) as well as at least 5 non-permanent members, in order to reach, 9 overall votes; - Said to be less democratic then the UN GA; - Establishes subsidiary bodies (International Criminal Court for the former Yugoslavia, Peacebuilding Commission, etc.); - Substantive decisions take 9 a rmative votes, including the 5 veto powers; 12 de 41 ffi  IIO João Bazelga - Procedural decisions take 9 a rmative votes, not including the veto power; - Member states are legally obligated by the Charter to follow these decisions; - A possible reform has been debated based on legitimacy and e ectiveness concerns (last reform was in 1965) such as: - Small size of UNSC; - Regional distribution (small representation from Latin America and Africa); Such reform needs 2/3 - Permanent membership (abolish or extend); majority in the UNGA - Veto power (abolish specially in humanitarian situations); including the 5 veto power states - Lack os accountability of human rights violations by UN peacekeepers; (Seems unlikely to happen) Economic and Social Council (ECOSOC) - Executive organ; - Undertakes studies and makes recommendations on a range of non security topics; - 54 members; - Members are elected for 3 years, which in every year 1/3 of it is replaced; - Promotes international cooperation in the economical, social and humanitarian elds; - Connects the funds, programs and specialised agencies; - Specialised agencies (World Bank, IMF, UNESCO, etc.): - 15 specialised agencies; - Coordinated by ECOSOC; - Independent IGOs (w/ their own funding treaty and procedures) - Each has their functional specialisation; - Financed by member states (assessed/“required” or voluntary contributions); Secretariat - Executive organ; - Bureaucratic sta ; - Led by the Secretary-General; - Recommended by the UN SC and appointed by the UNGA (afterwards); - Gives bureaucratic support to the organs; - Has the authority “to bring to the attention of the Security Council any matter which in his opinion may threaten the maintenance of international peace and security”; - The sta is chosen by state members but is independent of their interests (their loyalty is owed for the UN); 13 de 41 ff ff ffi ff fi  IIO João Bazelga - Sta is hired by a regional distribution criterion; - Have supportive, operational and decision-making power; International Court of Justice - Judicial body; - States bring complaints about other states that failed to live up to their obligations under international law; Trusteeship Council - Is not operative anymore; - Supervised people and territories that have been placed under “trusteeship”; - Aimed for self-determination/independence of colonies; - Took over the role of the Mandates Commission from the League of Nations; - Palau was the last country to become independent (1994); PEACE-ENFORCEMENT MISSIONS Coercive invasions of countries by a UN-authorised force; Aim to mitigate or eliminate a threat to international peace and security; More rare then Peacekeeping missions (military operation against Qadda in Lybia); UN’s military force is neither neutral nor consensual; The military forces are authorised to wage war to achieve the political goals set out by the UNSC; Do not require the consent of the target government; Critics argue that this should also apply to human rights violations and crimes against humanity (extent of the UNSC competences); PEACEKEEPING MISSIONS Established by Boutros-Ghali in the “Agenda for Peace” (1992); 14 de 41 ff fi IIO João Bazelga Consists on the deployment of a United Nations presence in the eld, hitherto with the consent of all the parties concerned, normally involving United Nations military and/or police personnel and frequently civilians as well; Has to be based on impartiality between parties; Relies on it’s member states resources and fundings; Doesn't have standing army, just blue-helmet troops which are a p p o i n t e d b y m e m b e r s t a t e s ( t h a t a re n a n c i a l l y compensated); Involves the consent of the state where the mission is being held; Goals: - Prevent con icts and promote peace; - Protect civilians; - Promot disarmament; - Rebuild systems based on the rule of law; - Promote human rights; The changing nature of war (interstate —> intrastate) has reduced the amount of peacekeeping missions; THE RESPONSIBILITY TO PROTECT (R2P) All member-states from the UN have, not only the responsibility to protect international citizens from being victims of crimes against humanity, but also to prevent, react and rebuild communities in order for this not to happen. BUDGET UNGA decides on the budget - SOURCE 2; Determines the nancing of core activities in the organs of the UN; In 2021, only 41 member states paid in time; Sometimes member-states don’t pay as a political instrument; Members can be sanctioned by losing their voting rights in the UNGA; 15 de 41 fl fi fi fi  IIO João Bazelga REGIONAL GROUPS The regional groups are based on original dynamics between the countries. Non-permanent member of the UN SC are chosen according to this groups. 5. The role of IOs in the Refugee crisis REFUGEES A refugee is a person that is forced to ee to another country and unable/fearful to return to their home country due to reasons of race, religion, nationality, membership of a particular social group or political opinion. Their application to be allowed to continue to live there is known as asking for asylum. The reality of human movement is at odds with the global legal and political system that gives priority to national governments and their borders. And while governments claim the right to deny entry to anyone who is not a citizen there is an equally fundamental human right that people can ee across borders to escape perils in their home country. Because a lot of states refuse to accept refugees or take to long to look up their les, national borders today are marked by: internment camps, security check-points, forti cations, relief e orts, informal cities of people hoping to cross or detained by the receiving state. INTERNATIONAL CONVENTION RELATING TO THE STATUS OF REFUGEES (1951) Concerned about the forced migration after the WW2; 146 states have signed (India, Pakistan, Indonesia and Libya are not apart of them); De ned “refugee” (applied to states’ decisions to provide asylum); Every person has the right to have their refugee status determined by the appropriate national authorities; Obligations of governments to protect and not force a return on a refugee, to allow refugees to bene t from what the community has to o er (education, courts, employment,…) and to not discriminate; Expanded, in the 1967 protocol, to a global sphere; 16 de 41 fl ff fi fi fl ff fi fi  IIO João Bazelga UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES (UNHCR) UN program since 1951 (after WW2); Based in Geneva; Subsidiary organ of the UN GA (aspires to be non- political); The Executive Committee has 79 members that are elected by ECOSOC; Funding is almost entirely from voluntary contributions (a lot of countries have decided to cut their funding); Provide international protection for refugees seeking protection; Assists refugees in registration, emergency support, providing shelter, cash assistance, resettlement, education, etc.; Assist governments and private organisations in their work with refugees; Supervise how well governments are living up to their commitments; 2 Noble prizes; INTERNATIONAL ORGANISATION FOR MIGRATION (IOM) UN-Related intergovernmental organization since 2016; 173 member states; Based in Geneva; Has headquarters, bureaucratic structure, sta and corporate personhood; Funding based on assessed and voluntary contributions; O ers services to states in exchange for fees; Migration management (managing checkpoints, visa organisation, training of governmental sta on border control, etc.); Focus also on migrants (including “environmental refugees”), instead of just refugees; Hired by governments; 17 de 41 ff ff ff IIO João Bazelga CRITICISM IN THE REFUGEE CRISIS’ CONCERN Governments are very picky on who they qualify as a refugee; Refugee processes sometimes take a long time to be evaluated by a state’s authority; Some states tighten the criteria for admission (reduction of the number of people they accept for year); None of the organizations has enforcement mechanisms; 6. Global health governance Global Health governance has come a long way since the 1851 International Sanitary Conference in Paris, by the emergence of a ton of actors worried about this concern on the international level. While for many people health is perceived as a domestic issue, it has always had an inte national dimension—most commonly through concerns to limit the spread of infectious diseases between countries. Specially right now with the Covid19 crisis, states believe in cooperation to maintain global health. MAIN ACTORS National health ministries; WHO; Other organizations (WTO, UN HRC, UNICEF, etc.); Informal organizations (G7, G20); Non-institutional political forums (G8, G20, BRICS); International nancial institutions (World Bank); Public-private partnerships; Philanthropic foundations (Bill & Melinda Gates foundation); Pharmaceutical companies; WORLD HEALTH ORGANISATION (WHO) Established in 1948; Followed the Health organisation of the League of Nations; 18 de 41 fi r­ IIO João Bazelga Structure: - World Health Assembly (plenary organ); - Executive board (34 members for 3 years); - Director-General and Secretariat; - Six regional o ces (decentralisation); Rule-making ability trough conventions, regulations and recommendations/non-binding standards (soft law); Can provide personal protective equipment, issue guidelines for disease management, collecting information on clinical trials, etc.; Coordinates the institutions engaged in health; Responsible to nance health and the development of health related products; Receives all the data from international health; Programmes: - 1951: International Sanitary Regulations; - 2003 SARS: travel restrictions, reformed International Health Regulations; - 2014 Ebola: new emergencies program; - 2019/2020: Covid-19 regulations; SARS —> EBOLA —> COVID-19 WHO did too much too quick to prevent the Flu to disseminate. While on Ebola’s case they did exactly the opposite, responded too slow too late. Covid-19 is more of a political manner then the other pandemics. States had to report to WHO the information about the diseases of their population. Public Health Emergency of International concern (PHEIC): medical and pharmaceutical experts determine if a health situation is a big threat to international health and, if so, they give recommendations to the WHO on how to prevent it. WHO was not conceived to be an operational IO. It's supposed to give guidelines and informations about worlds health. However it has been pressured to be more and more operational and to have a reform in terms of budget, oversight and enforcement. | |— Budget doesn’t cover the costs of programmes to manage worlds health in the proper way. | |—The voluntary/earmarked funding takes autonomy and gives uncertainty. | |—US (biggest funder) withdraw, which means that the Bill & Melinda Gate would be the biggest funder (private actor). 19 de 41 ffi fi IIO João Bazelga WHO mission moving forward: create a more e ective system for global health, not only in the West but in the entire world, without interfering in the sovereignty of states. 7. International Court of Justice (ICJ) Based on the Permanent Court of International Justice (League of Nations), the International Court of Justice was established in 1945 as a UN organ by the Statute of the ICJ attached to the UN Charter. Consequently, the members of this court are the same as the members of UN (193). MISSION Provide a decisive and binding judgement on disagreements over states legal obligations to each other, while preserving state’s sovereignty. STRUCTURE 15 judges: elected for 9 years terms by simple majority from UNGA and UNSC, based on their regional distribution (divided by regional groups and there cannot be more then 1 judge from one state); 2 “ad hoc” judges: each party from a case can appoint one additional judge from their country; Lawyers: to represent each part of the case; The Registry: is elected for 7 years and works as the ICJ spokesperson and manager; JURISDICTION 1. Legal disputes between states that have recognised jurisdiction of the ICJ (based on formal acceptance, treaty clause or general acceptance by being a member of the UN/ICJ); (LEGALLY-BINDING JUDGEMENTS) 2. Requests for advisory opinions on legal questions referred to the court by UN organs and specialised agencies; (NON-BINDING ADVICES) DECISIONS Decisions are public; Judgements are legally binding, while advisory opinions are not; 20 de 41 ff IIO João Bazelga There is no opportunity for appeal, only for a more detailed argumentation and interpretation of the decision or a new process if new facts appear; UN member states have committed themselves to respect the decisions of the ICJ; Despite the weak enforcement mechanisms that this court has (which is just by requesting the UNSC to do something against the non-compliance of one party of the case), the compliance rate is high which can be because they have already accepted for the case to be judged in this institution or to preserve their reputation; SOURCES OF LAW 1. International Conventions; 2. Customary law; 3. National legal systems; 4. Judicial scholarship; ICJ CASE: IRAN V. USA ➡Case: Alleged violations of the 1955 Treaty of Amity, Economic Relations, and Consular Rights (Nuclear Sanctions Case). ➡Order of provisional measures: Ruled unanimously that the US should remove any impediments related to humanitarian needs, including food and medicine (2018). This is an ongoing case, which is why it has no nal judgement yet. 8. International Criminal Court (ICC) Inspired on the way that The Nuremberg Tribunal used international criminal law to convict the Nazis, the ICC was established by the Rome Statute was signed in 1998 and entered in force on 2002 (by 123 members, not including US, China, Russia and India). MISSION Prosecuting individuals for war crimes, genocide and crimes agains humanity when there is no domestic legal system capable of doing so. It is complementary to domestic courts. STRUCTURE Ad hoc international criminal tribunals: - UN International Criminal Tribunal for the Former Yugoslavia, 1993-2017; - International Criminal Tribunal for Rwanda, 1994-2015; 21 de 41 fi IIO João Bazelga Prosecutor; Assembly of state parties that serves as the court’s management body (if a state doesn’t pay his fee, he can loose is vote in the assembly); Doesn't have police or prisons (that depends on the member states); JURISDICTION 1. Over the most serious crimes of concern to the international community as a whole (genocide, crimes agains humanity, war crimes and, since 2018, aggression); 2. Over individuals that committed crimes, not countries; The ICC has only jurisdiction when the member state itself is not willing or able to organise a trial. WAYS TO BRING A CASE TO ICC: 1. By a member state; 2. By the UNSC; 3. By the ICC Prosecutor; ICC-US RELATIONSHIP Bush and Trump administration were against this court; Believes that endangers national sovereignty; American Service Members Protection Act (to make sure that the US doesn’t get in uenced by this organ); The ICC prosecutor started investigating U.S. conduct in Afghanistan; Policy to “protect U.S. citizens and allies from ICC investigations and prosecutions”; Revoked visa of the ICC prosecutor; Executive order 13928 (Biden revoked in 2021);??? The U.S. controversial relationship with the court and the accusations of Western bias that it receives are some of the biggest criticisms that this institution has. 22 de 41 fl  IIO João Bazelga 9. World Trade Organisation (WTO) After the Bretton Wood Conference (1944) failed attempt to create economic/ nancial institutions to prevent international crisis, the General Agreement of Tari s and Trade (GATT), an agreement that provided multiple round of negotiations between states about trade, emerged in 1947. Doha Round (160 participants): failed to reach an agreement to continue negotiations, probably because of the increase of bilateral trade agreements. |—-> GATT ended. In 1995, the purely intergovernmental (it has no supranational executive body) World Trade Organisations was given the task of implementing trade agreements between states, like GAAT did before. Right now, it counts 164 members that cover 98% of world trade. STRUCTURE Ministerial Conference (highest decision-making organ w/ annual meetings of trade-ministers in which decisions are made bu consensus); General Council (trade o cials who discuss, more often, trade in goods, services, etc.); Secretariat (small, 600 sta members); Dispute Settlement body which are the three trade experts who are asked to hear the arguments of the bots parties in the dispute; GOALS Establishes rules that govern how members can set domestic policies that a ect international trade; Requires that members maintain public lists of import tari s for all products; Sets up court-like dispute-settlement procedures to hear complaints; Structures how trade is ruled internationally; Promotes interdependence and therefore peace; Proliferates transparency in international trade; Avoids protectionism and “dumping”; Bene ts all trading partners. | |—> Specialisation; |—> Large-scale production; 23 de 41 fi ffi ff ff ff fi ff  IIO João Bazelga AGREEMENTS - General Agreements on Tari s and Trade (GATT); - General Agreement on Trade in Services (GATS); - Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS); - Rules on agricultural trade and subsidies (agriculture is not part of the GATT); - Trade disputes resolutions problems; PRINCIPLES 1. Bound tari s: Ceilings for import taxes on speci c goods (categorisation of good by the World Costumes Organization) discussed in WTO negotiations and which application is legally binding; 2. Most-favoured nation: The best agreement made with another country serves as the standard for agreements with other countries (promotes equality and lower import tari s); 3. National treatment: Prohibition of discrimination between domestic and imported goods (that are in the same category); Exceptions to not respect this principles can come from the need to protect human/animal/plant life, the need to protect essential national security interests, measures to safeguard external nancial situation or regional trade agreements (EU, NAFTA, CETA, TTIP). The non-compliance with this principles can lead to other states to issue complaints. DISPUTE SETTLEMENT 1. First attempt of bilateral resolution; 2. Complaint to the WTO; 3. WTO appoints a panel of 3 trade experts who write a report; 4. The complaining and the accused country can go into appeal to the Appellate Body; 5. Second appeal to the Dispute Settlement Body that accepts or rejects the report and, if accepts, makes a legally binding decision; 6. Non-compliance with DSB can lead to economic sanctions; CRITICISM Contributes to the growing inequality; 24 de 41 fi ff ff ff fi IIO João Bazelga It’s way harder for the weak then the strong to comply; Anti-globalization movements endanger this institution survival; Excludes goods of poorest countries and contribute to the decline of the wealth in the Global South; Failes to adress agricultural subsidiaries; Rules ignore work environment and labor-related issues; Lack of transparency in negotiations; Only has the jurisdiction to make obligations on governments and not on the people; The Dispute Settlement Mechanism is being blocked by the US that refused to repaint new judges for the panel. DISPUTE: U.S. VS. INDONESIA The US prohibited the trade in their country of all avoured cigarettes, except mint ones (that are produced in the US and not imported for mainly Indonesia). Indonesia complaint to the WTO that they are discriminating their avoured cigarettes. The case is discussed by the trade experts and DSB (by US appeal) and both believe that Indonesia is right by saying that the US is discriminating. When Trump gets elected it decides to boycott the DSM of WTO by blocking the judges appointments. US is thinking about banning all types of cigarettes.?? 10. International Labour Organization (ILO) Inspired in a similar association in the League of Nations, the International Labour Organisation was established on 1946 as a specialised agency of the UN. It has now 187 members and is based in Geneva. This organisation was created based on the premise that global capitalism produces and incentive for exporting countries to lower their labour standards to gain a competitive advantage in international trade, and this incentive is bad for workers, for social stability and international peace and order. Therefore its concern is for labour standards that guarantees good working conditions internationally. ILO Policy is established on: - Conventions (legally-binding); - Recommendations (not legally-binding). 25 de 41 fl fl IIO João Bazelga STRUCTURE International Labour Conference (assembly of delegates from all member states that meets annually to discuss international labour concerns and measures that take 2/3 to be approved - 4 people by a state’s delegation); International Labour O ce (secretariat); Governing Body (executive organ with 56 members that meet regularly); Principle of Tripartism in countries representation: - Government representatives; - Employer representatives; - Labour group representatives; CONVENTIONS 1. Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) 2. Right to Organise and Collective Bargaining Convention, 1949 (No. 98) 3. Forced Labour Convention, 1930 (No. 29) 4. Abolition of Forced Labour Convention, 1957 (No. 105) 5. Minimum Age Convention, 1973 (No. 138) 6. Worst Forms of Child Labour Convention, 1999 (No. 182) 7. Equal Remuneration Convention, 1951 (No. 100) 8. Discrimination (Employment and Occupation) Convention, 1958 (No. 111) COMPLIANCE ILO compliance relies on: Tripartism (that ensures that the delegates that accept a convention are really willing to follow it in their own country); Voluntarism (states decide if they want to commit or not to the conventions and if not, they should explain why); Peer pressure (reputation problems that not signing can bring). COMPLAINTS Complaints can be submitted by member states, workers, employer groups or the Governing Body to ILO. | | The case is investigates by the “Commission of Inquiry” 26 de 41 ffi IIO João Bazelga | | State is asked to change its policies if the “Commission of Inquiry” nds it necessary. | | |—>Ultimate action: sanctions or expulsion 11. World Bank Group The World Bank (WB), the International Monetary Fund (IMF) and the WTO (World trade Organization) are the principal economic-focused IOs. The G7, G20 and regional development banks (like BRICS) are also relevant actors in global economic governance. THE BRETTON WOODS CONFERENCE (1944) 44 participating states (US and UK dominated); Aimed to reconstruct war-torn Europe (after WW2) and prevent/mitigate economic crisis (such as the Great Depression); Based on the thought that economic stability brings peace; Promoted free market to preserve economic/ nancial stability; Established the WB and IMF; Established as the International Bank for Reconstruction and Development (IBRD), with headquarters in Washington DC, to rebuild Europe and Asia after WW2; MISSION Reduce poverty by lending the money of the rich countries to the poor countries for speci c development projects, and by providing technical assistance to poor countries. Invests in agriculture, infrastructure to governance, education, health- care and public sector reforms in order to promote economic development. Its main goals have shifted throughout the years: After 1906s, it focuses on developing countries; After 1990s, it facilitated economic transition in Eastern Europe; As of 2000, it has been contributing for the achievement of the Millennium Development Goals and the Sustainable Development Goals; 27 de 41 fi fi fi IIO João Bazelga To achieve this goals, the World Bank Group, that is de ned as a kind of corporate partnership that is owned by the members in proportion to their investments in the joint enterprise, has 5 institutions. INTERNATIONAL BANK FOR RECONSTRUCTION AND DEVELOPMENT 189 member states; Gives credits to nance non-private sector economic activities; | |——> To states that are capable of giving it back (based on conditions such as good governance and economic reforms). Researches development issues (Annual World Development Report); Gives economic advices to governments; The members contribute a “subscription” of funds to the Bank; Countries usually comply to their payments so that future lending cannot be declined; INTERNATIONAL DEVELOPMENT ASSOCIATION (IDA) Established in 1962; 173 participating states; Gives credit to the about 80 lowest-income countries (below GDP of $1.1 per capita); Raises its own money from rich states; Lends money to the poor countries at more favourable rates than IBRD; Structure of the IBRD and IDA Focus on development; INTERNATIONAL FINANCE CORPORATION Established in 1956; 185 participant states; Supports companies in developing countries; Provides funding for private sector investments to enhance economic development; 28 de 41 fi fi  IIO João Bazelga MULTILATERAL INVESTMENT GUARANTEE AGENCY Established in 1988; 156 participating states; Insurances against non-commercial/political risks for private investors (civil wars, expropriation, etc.); Promote economic investments in developing countries; INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES Established in 1966; 161 participating states; Mediation and arbitration of investment con icts between member states and private investors from other countries; Cases can only be discussed on a voluntary basis (both parties must agree to submit the case); Decisions are legal-binding; 12. The International Monetary Fund (IMF) Established in the Bretton Woods Conference (1944), the IMF, that has headquarters in Washington DC, has 189 member states (the same as the WBG). MISSION By o ering technical assistance and loans to avoid crises in balance of payments, the IMF main goals are: 1) International nancial cooperation (ensuring international liquidity for investments); 2) Monetary stability; To achieve this goals, the IMF… Provides large-scale credit to states in nancial insecurity (the borrowing government uses the foreign currency borrowed to buy its own currency which increases demand in their currency), that commit themselves to change their policies and give back the money and some pro t; 29 de 41 ff fi fi fi fl IIO João Bazelga Gives technical assistance (w/economic experts); Monitories the nancial state of it’s members based on the informations that they send to it (to avoid monetary crisis that can undermine all other states economy); Provides general research; STRUCTURE Board of Governors (composed by the nance ministers or central bankers of all member-states that decide the highest-level policy question); Directors of the Executive Board (24 members, which 8 correspond to the largest “quota” holders and other 16 that represent certain groups of states, that divide on loan requests and other operational decisions); DECISION-MAKING Predominantly by consensus; Voting power (on majority or super majority decisions) is based on the shares held by member states (the two states with the most shares are the US with 16,46%, de facto veto, and Japan with 8,26%); CRITICISM OF WB/IMF The IMF and WB are mostly dominated by wealthier countries because decisions are based on the voting shares of member states (which are determined by each states’s contributions); They are neoliberal institutions based on the one sided policies that implements in states (implement scal discipline, liberalisation of trade, privatisation and deregulation); Lack of accountability (do they focus on the population of the states or the agency of those states); Controlled by the U.S. 13. Regional Development Banks Due to the Western powers, mainly the U.S., dominance over the IMF and the World Bank Group, new regional development banks have emerged to create more funding to regional programmes (in the regions they are created for). 30 de 41 fi fi fi  IIO João Bazelga Some of this banks are: Inter-American Development Bank (46 members; US with one-third of voting power; China joined in 2009) - 1959; Asian Development Bank (48 regional members, 19 non-regional members; Japan and US largest shareholders; funding of NGO projects) - 1966; African Development Bank - 1966; Asian Infrastructure Investment Bank - 2015; ASIAN INFRASTRUCTURE INVESTMENT BANK Established in 2014 by 21 Asian countries; 57 members (including European states and non-sovereign states - not including Taiwan, Japan and the U.S.); China o ered to give up their veto power in exchange for European participation; All shareholders in the AIIB will have the responsibility of ensuring that the non-resident board does provide e ective oversight of the institution.; It is important that the AIIB positions itself as complementing rather than competing with the other MDBs; Originated from the economic competition between US and China and China’s dissatisfaction with the dominant position of the previous in the WB and the IMF; Aims to reduce bilateral tensions in Asia; Expands China’s export markets; Improves China’s security for energy imports; Increases China’s soft power; Promotes the “Silk Road economic belt”, the “21st century maritime Silk Road” and other infrastructure investments in Asia that are not funded by the private pro t-seeking sector; It’s criticised for it’s hypocrisy (the dominant position that China has with a very large veto power), lack of accountability, lack of clarity to what will be the precise role of the bank and safeguards/social/economic standard; 31 de 41 ff ff fi  IIO João Bazelga 14. Environmental governance Environmental governance distinguished itself from other elds of international governance due to its structure: | |—> Epistemic communities play a huge role (importance of science); | |—> Wide range of issues (from protection of species and habitats to reducing carbon emissions); | |—> Non-cooperation can actively undermine cooperation (in contrast to trade); Also, this eld of international governance is very recent. However its growing exponentially. THE TRAGEDY OF THE COMMONS “Each man is locked into a system that compels him to increase his herd without limit – in a world that is limited. Ruin is the destination toward which all men rush, each pursuing his own best interest in a society that believes in the freedom of the commons.”, Garret Hardin | |—> Sustainable development is the answer (Elinor Ostrom): “we need institutions to deal with complexity” THEORETICAL PERSPECTIVES ON GLOBAL ENVIRONMENT GOVERNANCE (Neo-)Realism: - Role of the hegemon; - Likelihood for cooperation increases with environmental problems being conceived as a security threat (“threat multiplier”); Neo-Institutionalism: - Interdependence: environmental problems cross borders with e ects even on powerful states; - Cooperation helps to maximize gains and reduce costs; Liberalism: - Domestic pressure through civil society; Constructivism: - Norms: ecological integrity which helps to de ne a “good state”; - Environmental activists as norm entrepreneurs; - Autonomous e ects of institutions ; 32 de 41 fi ff fi fi ff IIO João Bazelga GLOBAL ENVIRONMENTAL GOVERNANCE Throughout the years the conventions that mark the development of the global environment governance are: Stockholm Conference on the Human Environment (1972): established the UNEP; Rio Conference on Environment and Development (1922): sustainability and climate change mitigation were recognised, by the United Nations Framework Convention on Climate Change and the Convention on Biological Diversity, as international objectives; Johannesburg World Summit on Sustainable Development (2002); Rio+20 United Nations Conference on Sustainable Development (2012): High level political forum on sustainable development; Agenda 2030 (2015): Established the Sustainable Development Goals, which included an environment section; The IOs that have mainly contributed for the global environment governance: United Nations Environment Programme (UNEP): develops environment international law; World Bank: Lending/funding in environment programmes to countries that don’t have the funds to implement them; United Nations Security Council: recent acknowledge that environmental issues can be a threat to international security and further development of sustainability programmes; Food and Agriculture Organization - FAO: promotes sustainability, food security, etc.; European Union: “Green Deal” harmonised environment law; North America Free Trade Agreement - NAFTA: Linking environment and trade; UNITED NATIONS ENVIRONMENT PROGRAMME (UNEP) Result of Stockholm Conference (1972), convened by the UN GA; Initiative by the government of Sweden; Subsidiary body of the UNGA (composed by all UN member states); Budget: - 3-4% of expense covered by UNGA budget; - The rest trough voluntary contributions; - The Netherlands, Germany, France and the U.S. are the largest contributors; 33 de 41  IIO João Bazelga Seated in Nairobi, Kenya; Supports multilateral environmental agreements: - The Vienna Convention on the Protection of the Ozone Layer; - The Montreal Protocol on Substances that Deplete the Ozone Layer; - The Convention on Biological Diversity (CBD); - The Convention on International Trade in Endangered Species (CITES); Tasks / Goals Facilitates negotiations and develops international environmental law; Helps states implement environment programmes (trough Global Environment Facility together with World Bank); Gives scienti c advise; Limitations: - Small size and budget; - Lack of autonomy (connected to the UNGA); - Structure depends on member-states (subsidiary program); - Lack of enforcement power; - Logistics due to the location; OZONE DEPLETION AND THE MONTREAL PROTOCOL Ko Annan described it has: “Perhaps the single most successful international agreement to date has been the Montreal Protocol, in which states accepted the need to phase out the use of ozone-depleting substances.” Use of chloro uorocarbons (CFC) in refrigeration, hairsprays, deodorants etc. was abolished due to it’s bad impacts on health, genes and the ozone layer; Process established by: - Washington Conference: World Plan of Action for the Ozone Layer (1977) - Vienna Convention (1985): cooperation on research and data acquisition, signed by 22 states (UNEP Governing Council was a working party to design a draft convention); - Montreal Conference (1987): Montreal Protocol →Universal rati cation since 2009; - London Amendment (1990): phase-out of most-damaging ozone depleting substances by 2000 (developed) and 2010 (developing countries); - Copenhagen Amendment (1992): phase-out of the CFC’s was anticipated; - Further agreements: Vienna (1995), Montreal (1997), Beijing (1999); 34 de 41 fi fi fi fl  IIO João Bazelga Reasons for success: - Strong coalition led by powerful states (“Toronto Group”: US, Canada, Scandinavian states); - Epistemic communities with heigh legitimacy; - Domestic pressure (especially from the American public); - Hegemonic leadership (US threatened to ban EU products —> EU changed position from resistance to agreement); - Concessions to developing countries; - Technical solution to the gap in the market (invention of chemical replacements of CFC’s); - Compliance monitoring (anual reports to UNEP secretariat); CLIMATE CHANGE PROBLEM Toronto Conference on the Changing Atmosphere (1988): demand for an international convention, foundation of the International Panel on Climate Change (IPCC) by UNEP and foundation of the World Meteorological Organisation (WMO); Washington Conference (1990): convened by the UNEP, the EU/AOSIS as the front-running countries against the US/OPEC countries which still had a lot of petrol and oil concerns; International Negotiating Committee (1990): set up by the UN GA to discuss a preparation of a framework convention; Framework Convention on Climate Change (1992): signed by 150 states at the Rio Conference (‘Earth Summit’) that committed to return to 1990 levels of emissions; Kyoto Protocol (entered into force in 2005): 192 parties (191 member states and the EU, excluding the US and Canada) committed to reduce greenhouse gas emissions until 2012 (not successful) and established the “Clean Development Mechanism” (CDM); Paris agreement (2016): - 191 rati ed parties (global application); - Legally binding measures to restrict increase of temperature to well bellow 2 degrees (1.5 in the long run); - Parties should report their nationally determined contributions (NDCs); - Agreement that developing countries needed to be assisted; - Was built in a capacity-building framework (states that are less capable should be assisted); - There is a review every 5 years; - Long-term perspectives and pledges; - Core obligations but exible approach; - New model of climate action (facilitate regime); - Under the Trump Adm. the U.S. withdrew from this agreement —> Biden rati ed. FAILURES IN GLOBAL CLIMATE GOVERNANCE Dilemma: ecological vs short-term economic interests; The average temperature has increased by 0.8 degrees Celsius since 1880 due to greenhouse gas emissions; Two-thirds of the warming has occurred since 1975 (acceleration; 35 de 41 fi fl fi  IIO João Bazelga Rising sea levels; Extreme weathers; Deterioration of food, water and living conditions; 15. Regional International Organisations RELEVANCE OF REGIONAL IOS It’s easier to resolve some problems on a regional level, rather then on a individual (state) or global (UN) level; Deeper knowledge about the regional speci cs of the region; Shared norms and opinions among members (sometimes); Overlapping membership (in various regional organisations that are connected); ECONOMY INTEGRATION STEPS 1) free trade agreement: an agreement between trading partners to lower or completely take away tari s and other trade barriers; 2) customs union: free trade area with a common external tari ; 3) common/internal market: free movement of goods, services and capital; 4) economic union: a common/internal market and far reaching cooperation on economic and monetary policy; 5) economic and monetary/currency union: common market and a common currency (EU). SECURITY INTEGRATION STEPS 1) security community: highly integrated form of collective security cooperation (e.g. transatlantic security community; 2) collective defence: prevent and/or defend against an external attack (NATO); Security integration processes are more rare than economic ones. INTERGOVERNMENTALISM VS. SUPRANATIONALISM ‘Intergovernmentalism refers to interaction among states which takes place on the basis of sovereign independence. (Heywood 2011: 459) | |—>Pooling of sovereignty among states in decision-making (majority voting) 36 de 41 ff fi ff IIO João Bazelga ‘Supranationalism is the existence of an authority that is higher than that of the nation-state and capable of imposing its will on it.’ (Heywood 2011: 458) | |—>Delegation of sovereignty from states to supranational authority (decisions taken by independent body) THEORIES OF REGIONALISM Federalism: substantive integration steps trough treaties in order to create a supranational authority as end-point (normative theory); Functionalism: incremental steps towards integration, “form follows function”; Neofunctionalism: interplay between economics (“low politics”) and security (“high politics”); This theories have been criticised by their theoretical origin. They were created based on the European context and shouldn’t be applied international wide. THE ORGANISATION OF AMERICAN STATES (OAS) Established in 1948 by the Pact of Bogota (Colombia); Aims to strengthen the peace and security of the continent; Promotes and consolidates representative democracy, with due respect for the principle of non intervention (can lead to contradictions); Prevents possible causes of di culties and ensure the paci c settlement of disputes that may arise among member states; Eradicates extreme poverty; Achieved an e ective limitation of conventional weapons that will make it possible to devote the largest amount of resources to the economic and social development of the member states; Based on the Inter-American Treaty of Reciprocal Assistance (“Rio Treaty” 1947) that also was used as an inspiration for the UN Charter: “an armed attack by any State against an American State shall be considered as an attack against all the American States”; Structure: - General Assembly: plenary and highest decision-making organ; - Permanent Council of the Organisation: executive body; - General Secretariat 37 de 41 ff fi ffi IIO João Bazelga - Inter-American Commission on Human Rights: 7 member that are elected by the GA for 4 years; takes complaints by individuals about violations of individual human rights; - Inter-American Court on Human Rights: jurisdiction is restricted to the states that rati ed the convention on human rights, this court only takes complaints from the commission or from a state party (U.S. didn’t); ASSOCIATION OF SOUTHEAST ASIAN NATIONS (ASEAN) Founded in 1967 by Indonesia, Singapore, Malaysia, Philippines, and Thailand; Later members: Brunei (1984), Vietnam (1995), Laos (1997), Myanmar (1997), and Cambodia (1999); Substantial economic di erences within its members; Important decision-making is done by the plenary meetings of heads of government; Responded to the fear of communism spread after the Vietnam War; The main objective today is achieving security and economic development (ASEAN Security Community — ASEAN Economic Community — ASEAN Socio-Cultural Community); ASEAN charter since 2008 gave this organization legal personality; Adherence to the rule of law, good governance, the principle of democracy and constitutional government; Principle of non-intervention in internal a airs (intergovernmentalism): - Peaceful dispute resolution; - Prevention of competing military alliances; - Common solutions to common problems; - However, this can be considered if there is a serious breach of non-compliance; Have consensus among members has become more di cult; Currently we see 2 speci c forms of cooperation: “ASEA plus 3” (China, Japan and South Korea) and “ASEASN minus X practice”; THE AFRICAN UNION (AU) Originated from “Organisation of African Unity” (OAU); Founded in 2002 to consolidate the anti-colonial process in Africa; Seated in Addies Abeba, Ethiopia; It has 55 member states (all countries in Africa except from Morocco); Goals: - Achieve greater unity, solidarity and cohesion between the African countries and the peoples of Africa; 38 de 41 ff fi ff ffi fi IIO João Bazelga - Defend the sovereignty, territorial integrity and independence of its member states; - Promote equality within its members; - Respect and promote human and people’s rights; - Promote sustainable development; In extreme cases (war crimes, crimes against humanity and genocide), AU can break the principle of sovereignty and intervene; THE COUNCIL OF EUROPE Inspired by a movement that aimed to have a supranational organisation in Europe; Goals: - Prevent another war in Europe; - Establish a common value system; - Protect human rights; - Promote the early warning mechanism;? - Promote the principles of the rule of law; - Enhance people’ enjoyment of their human rights and fundamental freedom; The European Court of Human Rights - Mechanism to enforce human rights on a regional level: - Individual complaints; - In the mid-1980s, there was a signi cant increase in sta and complaints (60 000 per year); - The case must have used all available domestic remedies in all instances before applying (alliance is 6 months after nal domestic decision); 39 de 41 fi fi ff IIO João Bazelga - Protects the rights to life, a fair hearing in civil/criminal matters, to freedom of expression, to freedom of thought, conscience and religion, to e ective remedy, to vote and to stand for election; - Lack of enforcement; - Its not allowed to overrule/annul domestic legislation; - Supervises the implementation of court decisions by the Committee of Ministers; NORTH ATLANTIC TREATY ORGANISATION (NATO) Based on the treaty of Dunkirk (1947) to create a post-war Western European security arrangement; Established in 1949 with the North Atlantic Treaty (founding members: US, UK, Canada, Benelux, France, Iceland, Denmark, Portugal, Norway and Italy); “The Parties to this Treaty rea rm their faith in the purposes and principles of the Charter of the United Nations and their desire to live in peace with all peoples and all governments.”; "They are determined to safeguard the freedom, common heritage and civilisation of their peoples, founded on the principles of democracy, individual liberty and the rule of law.”; Emphasises that disputes should be settled by “peaceful means”; Also has a economic dimension, to avoid economic disputes and promote economic cooperation between NATO states; Member states are expected to contribute; There is no NATO collective armed forces; The parties consult together whenever, in the opinion of any of them, the territorial integrity, political independence or security of any of the parties is threatened (NATO assistance to Turkey in 2013); Collective defense: - One armed attack against one member states shall be considered an attack to all; - Right of individual or collective self-defence; - Actions as it deems necessary, including the use of armed forces; - Reported to the UN Security Council when activated; - This was activated after the terrorist attacks on the US; It is connected to the UN Charter to the extent that it recognises the primacy of the UNSC; Nato budget: - Common funding: assessed contributions (defence budgets based on GDP); - Joint funding: voluntary contributions to concrete projects; NATO is a political military alliance, will never survive as a military alliance (Biden decided to leave Afghanistan without discussing with their NATO peers); 40 de 41 ffi ff IIO João Bazelga Glossary (IOs) CENTRAL COMISSION FOR THE NAVIGATION OF THE RHINE Oldest IGO (1815) Stated in Strasbourg Ensure a secure navigation along the Rhine 5 member states Small secretariat w/20 sta members (has a tribunal for complaints) CORE FUNDING Money that goes to the IO for it to use has it decides (majority is assessed nancing) EARMARKED FUNDING money that is invested directly for a speci c programme that the IO announces beforehand (majority is voluntary nancing) 41 de 41 fi ff fi fi