International Organizations and the United Nations

Definition and Essential Characteristics of International Organizations

• An International Organization (IO) is defined as a voluntary association involving subjects of international law. Generally, these subjects are States, leading to the term "intergovernmental organization."
• The establishment of an IO is legally formalized through the means of a treaty.
• The primary purpose of an IO is to exercise a specific task or function assigned to it by its creators.
• The legal relationship between the participating parties (Member States) is strictly governed by the rules of international law.
• A critical requirement for an IO is the possession of its own international legal personality, distinguishing it from a mere collective of States.
• The main features characterizing an IO include:
  • The expression of the collective will of States to cooperate on a common interest.
  • Their status as derivative entities within the international community, meaning they are created by States rather than being original subjects like States themselves.
  • Adherence is entirely voluntary, as they are established via treaties.
  • They are assigned a specific aim to pursue, which defines their purpose.
  • They possess a limited competence, which is strictly defined and restricted by the provisions of the establishing treaty.
  • They are structured with various organs that have the power to put acts and facts into place.
  • They exhibit an autonomous will that is distinct and independent from the individual wills of their Member States.

Historical Evolution of International Organizations

• The first International Organizations emerged in the early $19th$ century, primarily to address technical and communication issues arising between States.
• Notable early examples include:
  • River Commissions: Established to regulate the utilization of rivers that crossed several State borders. A primary example is the Rhine Commission, founded in $1815$.
  • Administrative Unions: Created to coordinate State administrative actions in technical sectors. A key example is the Universal Postal Union (UPU), established in $1874$.
• After the conclusion of World War I (WWI), the first attempts were made to create organizations with universal aspirations, most notably the League of Nations.
• Following World War II (WWII), there was a significant proliferation of international organizations at both the universal and regional levels, reflecting increased global interdependence.

Classification of International Organizations

• International scholarship uses several classifications to categorize the diverse array of IOs:
  • Universal vs. Regional: Universal organizations (e.g., the UN) open their membership to States from all over the world. Regional organizations (e.g., the Council of Europe) restrict membership to States within a specific geographical location.
  • Open vs. Closed: Open organizations allow for the accession of new Member States according to set procedures. Closed organizations do not accept new members beyond the founding group.
  • Functional vs. Political: Functional organizations carry out specific technical functions, such as the regulation of telecommunications. Political organizations provide a forum for discussing broad issues vital to the international community, such as peace, security, and human rights.

Legal Personality: The ICJ Advisory Opinion on Reparations ($1949$)

• The central question regarding whether IOs possess international subjectivity was addressed by the International Court of Justice (ICJ) in its Advisory Opinion, "Reparations for injury suffered in the service of the United Nations" ($1949$).
• The facts of the case involved Count Folke Bernadotte, a Swedish diplomat and United Nations Security Council mediator for the Arab-Israeli conflict ($1947-1948$). He was sent to the Palestinian region during the creation of the State of Israel.
• On $17\,September\,1948$, Bernadotte was shot and killed by Israeli militants from a Zionist group when his convoy was stopped.
• The UN General Assembly, via Resolution $258\,(III)$ on $3\,December\,1948$, asked the ICJ two legal questions:
  • I. If an agent of the UN suffers injury while performing duties in circumstances involving the responsibility of a State, does the UN have the capacity to bring an international claim against the government (de jure or de facto) to obtain reparation for damage caused (a) to the UN, and (b) to the victim or their representatives?
• The Court's findings included:
  • The UN exercises and enjoys functions and rights that can only be explained through the possession of a large measure of international personality and the capacity to operate on an international plane.
  • The UN is the "supreme type" of international organization and could not fulfill its founders' intentions if it lacked international personality.
  • Member States, by entrusting functions and duties to the org, have clothed it with the competence required for effective discharge of those functions.
• Conclusion: The UN is an "international person." However, this does not make it a "State" or a "Super-state." Its legal personality is not identical to that of a State.
• Distinction: While a State possesses the entirety of international rights and duties established by law, the rights and duties of an IO depend on its specific or implicit functions specified in founding documents and developed through practice.

Manifestations and Requirements of International Subjectivity

• To possess international subjectivity, an institution must meet two requirements:
  1. It must be a permanent association of States (or IOs, or both) with a well-defined mission and attributed competences.
  2. There must be a clear distinction in legal powers and purposes between the organization and its Member States; it must be capable of putting in place internationally relevant acts through its organs.
• Typical manifestations of legal personality include:
  1. Adoption of acts with legal effects on third subjects (e.g., European Union legislation or UN Security Council resolutions).
  2. Conclusion of international agreements with States or other IOs (e.g., headquarters' agreements or immunity agreements).
  3. Maintenance of diplomatic relations with States (e.g., establishing permanent missions).
  4. Taking international action to ensure its rights are respected.
  5. Bearing international responsibility for its own wrongful acts.

Institutional Structure and Internal Organs

• There is no universal rule for the institutional structure of an IO; the structure is determined by the negotiating parties of the founding treaty. Common organs include:
  • Plenary Organs: These include all Member States. They serve as forums for debate and discussion and usually possess wide competence.
  • Non-plenary Executive Organs: These are composed of a smaller subset of members to handle urgent matters and specific spheres of competence.
  • Individual Organs: These individuals act in the exclusive interest of the IO (not their home States), often performing administrative or leadership roles.
  • Administrative Organs: These are responsible for executing policy-making decisions, preparing meetings, translating documents, and other operational tasks.
  • Judicial Organs: These are specialized bodies dedicated to the settlement of legal disputes.

Membership: Admission, Withdrawal, and Participation

• Original members are usually the States that concluded the founding treaty.
• While most IOs admit only States, some allow non-State entities. For example, the European Union is a member of the World Trade Organization (WTO) and the Food and Agriculture Organization (FAO).
• Each IO is governed by its own treaty regarding admission and withdrawal procedures.
• Regarding withdrawal, if a treaty contains no provision for it, the Vienna Convention on the Law of Treaties ($1969$) states withdrawal is not possible unless:
  • (a) It is established that the parties intended to admit the possibility.
  • (b) A right of withdrawal is implied by the nature of the treaty.
• Rights of Members:
  • Right to participate in the life of the IO (representation in collective organs).
  • Right to participate in decision-making through voting.
  • Benefit from services offered by the org.
• Duties of Members:
  • Duty of cooperation to support the org's aims.
  • Duty to recognize the IO's privileges and immunities.
  • Duty to implement its acts and pay financial contributions.

Membership Sanctions: Suspension and Expulsion (The Russian Case)

• Treaties often allow for suspension or expulsion in cases of reiterated violations of obligations.
• Suspension is less severe, temporarily removing rights like voting to encourage a change in behavior.
• Expulsion is a last resort, as the organization loses all influence over the State once it is removed.
• Case Study: Expulsion of Russia from the Council of Europe (CoE):
  • The CoE ($46\,member\,States$, established $1949$) is tasked with protecting human rights.
  • Russia was expelled on $16\,March\,2022$ following the invasion of Ukraine, which violated principles of democracy and the rule of law.
  • Decision made by the Committee of Ministers under $Article\,8$ of the Statute.
  • Russia ceased to be a party to the European Convention on Human Rights (ECHR) on $16\,September\,2022$.
  • Consequence: Russian citizens can no longer bring cases against their government to the ECHR. Pending cases (violations before exit) will be handled, but enforcement is unlikely.

The United Nations: Overview, Purposes, and Principles

• The UN is a universal, open, political organization established by the $1945$ UN Charter.
• It was created to replace the failed League of Nations with two major innovations:
  1. The complete outlawing of the use of force between States and the establishment of a collective security system.
  2. A central focus on the protection of human rights.
• Membership has grown from $51$ original members to $193$ today, many being former colonies.
• Purposes ($Article\,1$):
  1. Maintain international peace and security.
  2. Develop friendly relations among nations.
  3. Achieve international cooperation for international problems and human rights.
  4. Act as a center for harmonizing nation's actions.
• Principles ($Article\,2$):
  1. Sovereign equality of all Members.
  2. Good faith fulfillment of Charter obligations.
  3. Peaceful settlement of international disputes.
  4. Refrainment from the use of force.
  5. Assistance to the UN in Charter-based actions.
  6. Non-intervention by the UN in domestic jurisdiction matters.

Membership and Admission in the United Nations

• Admission Requirements ($Article\,4$):
  • Open to all "peace-loving states" that accept Charter obligations.
  • Admission is effected by a General Assembly (UNGA) decision upon the recommendation of the Security Council (UNSC).
• Current Admission Obstacles:
  • Palestine: Application blocked by the USA veto in the UNSC.
  • Kosovo: Application blocked by the Russian veto in the UNSC.

Principal Organs of the United Nations: General Assembly and Security Council

• General Assembly (UNGA):
  • Purpose: Discuss any matters within the Charter's scope ($Article\,10$).
  • Composition: Plenary organ representing all members.
  • Voting ($Article\,18$): $1$ vote per member. Important questions require a $\frac{2}{3}$ majority; others require a simple majority of those present and voting.
  • Competence ($Articles\,11,\,13,\,17$): Maintaining peace, promoting political/social cooperation, and approving the budget.
  • Powers: Recommendations are non-binding; budget powers are binding.
• Security Council (UNSC):
  • Purpose: Primary responsibility for maintenance of international peace and security ($Article\,24$).
  • Composition: $15\,members$ Total. $5$ Permanent Members (P5: China, France, Russian Federation, UK, USA) and $10$ non-permanent members elected for $2$-year terms.
  • Voting ($Article\,27$): $1$ vote per member. Procedural matters require $9/15$ votes. Substantive matters require $9/15$ votes including the concurring votes of the P5 (the "veto").
  • Powers ($Articles\,39,\,41,\,42$): Investigate friction, determine threats to peace, apply economic sanctions (non-force), and take military action. The UNSC is the only UN organ with binding powers regarding peace maintenance.

Other Principal UN Organs: Secretariat, ICJ, ECOSOC, and Trusteeship Council

• Secretariat:
  • Administrative organ ensuring operative functioning.
  • Independence ($Article\,100$): Staff must not seek instructions from external authorities; Members must respect this independence.
  • Secretary-General: Chief administrative officer, appointed by UNGA on UNSC recommendation. Handles external representation and dispute settlement.
• International Court of Justice (ICJ):
  • Principal judicial organ ($Article\,92$).
  • Composition: $15$ independent judges elected by UNGA and UNSC.
  • Functions: Adjudicative (settling disputes between States that accept jurisdiction) and Advisory (providing opinions on legal questions at the request of UNGA/UNSC under $Article\,96$).
• Economic and Social Council (ECOSOC):
  • Purpose: Initiate studies and reports on economic, social, and health matters ($Article\,62$).
  • Composition: $54\,members$ elected for $3$-year terms by the UNGA.
  • Impact: Instrumental in adopting the Universal Declaration of Human Rights and the International Covenants on Civil/Political and Economic/Social/Cultural rights.
• Trusteeship Council:
  • Purpose: Supervise Trust Territories to promote self-government and independence.
  • Composition: P5 members of the UNSC.
  • Status: Operations suspended on $1\,November\,1994$ after the independence of Palau.

Questions & Discussion: The (Im)possible Reform of the UN Security Council

• The Structure Debate:
  • The current UNSC reflects the $1945$ geopolitical reality, not the modern global order. This leads to questions about representativeness and the democratic legitimacy of the veto.
• Need for Reform Factors:
  • Representation: Absence of permanent seats for Africa or Latin America; lack of permanent status for emerging powers like India, Brazil, Germany, or Japan.
  • Effectiveness: Veto-induced deadlocks reduce response capacity during major conflicts.
  • Result: A legitimacy crisis.
• Proposed Reform Models:
  • A. Expansion Model: Adding new permanent members (India, Brazil, Germany, Japan). Debates include whether they should have veto power and how many seats are needed for regional fairness.
  • B. Veto Reform Model: Reducing veto usage in cases of mass atrocities or creating an override mechanism (e.g., a supermajority vote in the UNGA).
  • C. Regional Representation Model: Allocating seats to regional organizations (African Union, EU, OAS, ASEAN), though this leaves issues for non-represented Asian states.
  • D. Semi-Permanent Seats Model: Creating long-term renewable seats that do not possess veto power.
• Legal Framework for Reform:
  • Reform is governed by $Articles\,108-109$ of the UN Charter, which present significant legal hurdles for any amendment to be ratified.