IR Ch 5 International Law

ETHIOPIAN CIVIL SERVICE UNIVERSITYInstitute of Leadership and Good Governance

Masters Degree ProgramInternational Relations and

Globalization Chapter-5 International Law and

International organizationsPresenter/ facilitator

Mebrahtu WolduE-mail:-

[email protected] 27, 2023 1Mebrahtu Woldu

The IRs, ILs, IOs Brainstorming session The International Communities have been

exercising IRs, ILs, IOs for a long period of time. But why? Why do the International Communities need to have IRs, ILs, IOs?

April 27, 2023 Mebrahtu Woldu 2

The IRs, ILs, IOs The International Community needs IRs, ILs, IOs:- to have International Relations, because no

sovereign state is self-sufficient, independent that can exists alone without the others.

Hence, sovereign states need to have interactions and relations among each others in the international arena.


The IRs, ILs, IOsto have International Laws, because

all the relationships and interaction among the sovereign states must be governed by laws like agreements, declarations……. .

to have International Organizations, because ILs must be practiced in an organized and coordinated ways by responsible bodies.


5.1. International Law(IL):-Major topics under this sub-topic are the

followings.Essence/meaning of ILNature and source of ILRelationship between DL and ILSubjects of IL International protection of human rights State recognition and state successionState responsibility.


5.1.1. What is International Law?It is usual practice to start any conceptual

discussion by providing definition for the concept.

But, it is difficult to have commonly agreed definition of international law because:-

1. IL has been growing with the growth of the human

societies and nation states mainly in Europe.

2. Different philosophers and scholars define IL in varies ways based on their own perspectives.


………….what is IL?For the purpose of general understanding of the IL, it is

necessary to look at the following definitions put forward by some philosophers and jurists.

1. Fenwick:- defined IL as the body of general principles and specific rules which are binding upon the members of international community in their mutual relations.2. Lawrence:- defined IL as rules which determine the conducts of civilized states in their mutual dealings.


………….what is IL?3. Oppenheim:- considered IL as a body of customary rules and treaties which are

legally binding by civilized states in

their intercourse with each other.4. Hall :- explained IL as certain rules of conduct

which civilized states regard as being binding on

them in their relations with one another.


………….what is IL? 5. Broadly put, International law is a body of:- - legal rules, principles and accepted customary practices to be concluded by :- sovereign states mainly international organizations and individuals to:- ♠ govern their relationships and

interactions with each other in the international

arena.


5.1.2. Schools of though in ILs International Law has been classified into

two major schools of thought known as naturalism and positivism.

1. NaturalismThis school of thought considers natural law as

the main basis of IL and responsible for its development.

The school identified IL with Natural Law by ignoring treaties, custom of the states.


…………..Schools of International Law According to naturalists:- - sates need to interact each other on the basis of:- • loving each other • good faith - sates need to interact each other for the purpose of:- • peace • harmony • brotherhood This is to be based on the nature quality of human being


…………..Schools of International Law 2. Positivism This school of thought gives more

emphasis:- - to the customs and practices of States - to the consents of the states as basis for IL Positivists believe that development of IL

depend:- - not on natural law - not on abstract natural orderQ) Which school of thought do you support? Why?April 27, 2023 Mebrahtu Woldu 12

5.1.3. Is international law a real law?The question whether IL is law in the true sense, has

been a subject of debate among scholars for a long period of time. There are two groups debating on the question with two views.

The first Group view 1. Sovereign law making body with Points of

justification Austin, for him:-law proper has been defined as a rule of conduct

issued, imposed and enforced by the sovereign body. if there is no sovereign body to make it, IL is a code

of rules of conduct and moral or ethical validities only.

April 27, 2023 13Mebrahtu Woldu

………………Is international a real law?Hobbes:- had similar views regarding the

nature/meaning of IL. defined law as the command of the

sovereign who have coercive power. Since IL is not command of the superior or

sovereign backed with force for its effective enforcement, it is not law in the true sense of the term.


…………Is international a real law? Holland:- was of the opinion that IL differed from ordinary law

as it was not supported by the authority of the state. Bentham:- did not give International Law a status of a true law

based on similar justifications.

Second Group View there are scholars like Hall and Lawrence who

maintain that International Law is a true law.


…………….Is international a real law? These group argued that IL is habitually

treated and enforced as law and like certain kinds of positive law it is also derived from custom.

It has been shown that in many communities a system of law was enforced and observed without a formal legislative authority, but being bound by their own customary law.


…………..Is international a real law? This group of international scholars argue that:- • international law did not differ in its binding

operation from the domestic law of any state which is made by a true legislative authority.

• custom is important in which not only majority of the people but also the sovereign cannot violate.

From the above discussions made by different scholars, one can understand that customary laws and practices, though they may not made by sovereign authority, are more respected and powerful.


……………………Is international a real law?2. Application of International Law First group ViewThere are some scholars who argue that

International Law is not true law, because of its applicability.

For this group, IL cannot be applicable because it lacks sanction and enforcement machineries or mechanisms.


…………….Is international a real law? Second group view There are some scholars who argue against

those who argue IL cannot be applied.• For members of this group:- the International Court of Justice applies

international rules and tries to settle disputes among the states.

the issue of sanctions in international relations has been taking shape institutionally in the U.N.


……………Is international a real law? International customs and treaties have

given rise to a body with well settled principles which regulate the activities of the states in their mutual relations in the same way as the law of a country limits the activities of its citizens.

But obviously international law cannot be as effective as the states or domestic law.


……………Is international a real law?3. Violation of International Law First group view there are some scholars who argue that IL is not a

true law because it is being violated by the powerful states.

Second group viewthere are scholars who argue against the above view. For

this group, it is impossible to conclude that International law is not true law for it is being violated.

they argue that international law is being violate, so also is the domestic law.April 27, 2023 Mebrahtu Woldu 21

………………Is international a real law?Violation of law has nothing to do with

being a true law or not a true law. Violation of law is directly related to the nature and behavior of the actors/wrong doers.

Violation of IL happens frequent during war. But the offenders always try to prove that their acts do not constitute a violation of IL.


………………Is international a real law? 4. Binding force of IL First group view there are scholars who have the position that IL

is not true law for it lacks binding force. States are left free to choose to be abided or not to be abided.

Second viewthere are scholars who have the position that IL

is a true law for it does not lack binding force.


………..Is international a real law? According to this group, IL acquires its binding

effect from the fact that States give :- * express consent for treaties and conventions provided for specific rules of conduct. * implied consent of the states for great body

of general principles and specific rules that had come to form that body of customary law.


………..Is international a real law?This group argue that consent of the states is considered

to be very strong basis for the sanction behind IL. This group is in favor of the principle of pacta sunt

servanda, which means that the principles of the treaties must be obeyed.

further more, they argue that IL must be taken to be binding because it is a law, not because states find it to their convenience to observe it

NB:- law is the only alternative to anarchy and that has provided justification for the existence of IL


5.1.4. The aims and purposes of IL International Law has the following

major aims and purposes. These are:-1. to resolve problems which have

regional or global nature and scope 2. to regulate areas outside the control of

any one nation such as outer space or the high seas

3. to adopt common rules for multinational services/activities such as air transport, postal service.


………….the aims and purposes of IL4. to maintain peaceful IRs and resolve

international tensions peacefully when they occur and develop,

5. to prevent needless suffering of human beings during wars, and

6. to improve the human condition during peacetime.


5.1.5. Origin and evolution of IL In the ancient times, the need for rules of

conduct among independent political entities developed along with government.

Early civilizations established rules governing the conduct of:-

- hostilities, - making of treaties, - treatment of foreign, traders and

missionaries….


………Origin and evolution of IL* These rules were basically based on:- - rituals - customs - social norms….. of the society at that time.* The empires of the ancient Middle East

concluded a number of treaties concerning topics still debated today such as the:-

- extradition of fugitives and - creation of military alliances.


Jewish law, as set forth in the Old Testament, contains prescriptions for:-

- the mitigation of warfare - the avoidance of warfare The Greek city-states had an elaborated treaty

system governing many aspects of their:- - mutual relations - common interests In Asia, ancient India and China:- - developed and applied rules to regulate

their r/ships - such rules had contributed to the

international law.

………Origin and evolution of IL


………Origin and evolution of IL The Roman Republic:- - developed the idea of jus gentium, a body of law designed to govern the relations between Roman citizens and non-citizens.

- recognized the duty of a nation to refrain from

engaging in warfare without a just cause.


The development of Modern IL IL developed with the rise of the basic ideas

of:- - national territory - state sovereignty and - jurisdiction started to be established. In 1625, based on the work of previous legal writers, the Dutch jurist Hugo Grotius

published his celebrated treatise De Jure Belli ac Pacis

(which means On the Law of War and Peace).

…………Origin and evolution of IL


………..Origin and evolution of IL Grotius argued existing Customs that regulat the relations between nations:-

- had the force of law - were binding unless contrary to natural law - were governing all human activities and

conducts.

His ideas became the cornerstone of the international system as established by the Treaty of Westphalia (1648),


………..Origin and evolution of IL Westphalia Peace Treaty, in 1648:-

- ended the 30 year religious war - reduced religious authority and

legitimacy.

Hence, one can say that Modern IL attributes its root to the emergence of:-

- sovereign states - secular nation-states


5.1.6. Types of International Law

There are two major types of International

Law namely public and Private ILs 1. Public international law Refers to relations and interactions

between/among int’l legal personalities mainly states and int’l organizations.

In most cases, however, public international law deals with the relations between/among sovereign states.


……………Types of International Law2. Private international law Private international law refers to:- – a law of a country that applies to cases involving international law. - cases with in a given legal system in which choices between municipal laws can be made. E.g. When two Sudanese make contracts in Addis Ababa, the Sudanese court may apply Ethiopia’s law regarding validity

.


5.1.7. Sources of International Law The main source of IL is the:- - expressed consent - tacit consent of statesBased on the consent of states, there are two

sources:- - Material - Formal Material/Subsidiary sourcesrefers to the substance of IL which

includes:- - Writings of legal scholars, - Decisions of int’l tribunals


……….Sources of International LawFormal/primary sources- Refers to sources that give IL legal validity include:- 1. Treaties/conventions expressly accepted by states as binding( most important source of IL) 2. Customary practice i.e. a general, consistent

and persistent practice of states. 3. General principles of law which are recognized by the international communities.


………… Sources of International Law1.TREATIES:- Treaty, in international law, refers to a

written agreement concluded by:- - two sovereign states( bilateral treaty) - more two sovereign states(multilateral

treaty) - a state and an international

organization.

The principle that treaties validly concluded:-

- are binding on the signatories. - must adhere to in good faith.


………… Sources of International Law Sovereign states are bound by treaty

when:- the treaty consists of customary rules they become part of the treatyA treaty is void if it is concluded:- In the absence of consent by the use of force in violation of the principles of IL.


………… Sources of International LawVienna Convention(VC) on the Law of Treaties, adopted in 1969, had rules that govern the:-

- conclusion of treaty - validity of treaty(to be based on

consent) - interpretation of treaty - modification of treaty - termination of treaties


………… Sources of International LawThe VC on the Law of Treaties - was very much appreciated by

representatives from 110 nations - went into force in January 1980 after

ratification by 35 nations. - the U.S. signed but has not yet ratified the convention;


………… Sources of International Law2. Customary Practices Customary international law:- - is unwritten and - is based on the actual practices of nations over

time. A customary law is supposed to be bound by

states if it is practiced:- - for long period of time(long-standing) - in a widespread areas - uniformly - consistently (coherently) - persistently(continuing despite problem) by a number of sovereign states.April 27, 2023 43Mebrahtu Woldu

………… Sources of International Law3. General principles of law The phrase appeared in the statute of the

Permanent International Court of Justice, established in 1921, three years after the end of World War I (1914-1918).

The Court of International Justice was directed to decide disputes brought before it on the basis of:-

- existing treaty law and/or - customary international law. - widely recognized legal principles in

national lawApril 27, 2023 44Mebrahtu Woldu

51.8. Nature/characteristics of the IL IL has the following unique characteristics

which differentiate it from the domestic law.

1. Unlike municipal laws, international law has no

sovereign/recognized legislature to make law

2. No hierarchy of courts, judiciary, to solve disputes

3. No accepted system of enforcing laws, i.e. executive


………………Nature of the law 4. International Law operates in a horizontal and anarchical int’l system.5. Sovereign states obey IL mainly based on:- - reciprocity - mutual benefits - reputation of law-abiding behavior 6. International Law is “soft” in some areas such

as:- - climate change, - labor rights, - sustainable development ………….. etc.

N.B:- Do you agree with the above idea? why? Why not?


………………Nature of the lawUnder the International Law the

concept of ̔soft law ̕ refers to:- quasi-law/not true law non-binding or less binding


5.1.9. Relations between IL and DLThere are different Opinions on the point

whether IL and DL are:- - two different systems of law or - form a unity of law. Such a controversy has resulted in the

emergence of:- - Monistic theory - Dualistic theory1. Monistic theoryAccording to this theory, IL and DL are

essentially one and the same thing.The advocates of monism believe in unitary

conception of both IL and DL. April 27, 2023 48Mebrahtu Woldu

………Relations between IL and DLIn the words of monists:- - It is the International Law that granted the state its legal capacities - Domestic law must be derived from International Law - In case of conflict, International Law must prevail over the Domestic Law - States can implement International treaty without transforming or incorporating it.


………Relations between IL and DL2. Dualistic theoryAccording to the dualistic theory, IL and

DL:- - are two independent systems of law

- are entirely separate from each

other - have different sources


………Relations between IL and DL Both IL and DL have different

jurisdictions:- - jurisdiction of DL is on domestic matters - jurisdiction of IL is over international

matters.

Hence, there cannot:- - be a hierarchy between IL and DL. - occur conflict between IL and DL.


…..relation between IL and DL. According to dualists, there are steps in order to implement international treaties namely:-

- the state must express its consent to be part

of the treaty - the treaty must be

transformed/incorporated in to the domestic law


5.1.10. Subjects of IL and crimesThere are three subjects of IL and crimes

1. State is the most well-known subject of the IL2. International organizations and 3. Individuals are also included as subjects of

international law to some extent.

N.B: State and IOs as subject of IL will be discussed

under part twoApril 27, 2023 Mebrahtu Woldu 53

…………Subjects of IL and crimes IndividualsThe orthodox positivists of 19th century

had:-- had denied any position to individuals in IL- had considered States only as the subjects IL- had considered Individuals as objects of IL But, individuals can become the subjects of IL in:-- the rights and duties of the aliens in the state of their

domicile- the privileges of foreign ships in national ports- the navigation of high seas- the claim for the granting of human rights………


………….. Subjects of IL and crimesῼ Under traditional int’l law, individuals:- were not subjects; did not assume responsibility in int’l lawῼ Under the development of human rights

law, individuals have become subjects of IL in:- war crimes, crimes against humanity, genocide, piracy … etc of IL


Thus, individual criminals can be:-

accused and prosecuted by the ICC International organizations International organizations have become

subjects of IL because they:-- are established by international treaties- have legal personalities to carry out juridical acts- are created by the consent of sovereign states


………….. Subjects of IL and crimes

5.1.11. Formalities of treaty making Treaties are made based on the formalities

and steps of the Vienna Convention on the law

of Treaties among which the followings are the major ones.

1) The full power Refers to a document of authorization of a

person to do a negotiation. Treaty making needs to pass the process of identifying person/s with full power. April 27, 2023 57Mebrahtu Woldu

………Formalities of treaty making Persons who do not need full powers

to negotiate treaties are:- Heads of government and/or heads of

state Foreign ministers Heads of diplomatic missions for

adopting the treaty between the two states

Government representatives of states in IOs


………Formalities of treaty making2 ) Initiating draft proposal Initiating a draft proposal is on of the steps in the process of negotiation. The first activity is to identify the need/gap to be proposed Initiating a draft proposal is supposed to be done by the executive branch of a government particularly relevant organization and experts from that organization.


………Formalities of treaty making3) NegotiationNegotiation is:- ♠ a step next to preparing the draft proposal ♠ the most time taking process to reach at the agreement. Negotiation in multi-lateral treaty:- ♠ is facilitated by IOs such as UN ♠ representatives hold discussion on the proposal ♠ when agreement is reached, heads of governments or heads of states are supposed to sign the treaty.


………Formalities of treaty making Negotiation in bi-lateral treaty:-- the two states are responsible to handle the process

of negotiation- one of the states may take the initiating to prepare

a proposal and send to the other state.- the state that receives the proposal supposed to

send back its comments to the first state.- when agreement is reached, heads of government

and states are supposed to express their consent.


………Formalities of treaty making

4) Mode of expressing Consent

4.1. consent by signature

after agreement is reached, heads of government and state are supposed to express their consent by

signature. a signature for the purpose of expressing consent is known definitive signature. Such kind of expressing consent allows the state to

enter the treaty without any additional procedures.


………Formalities of treaty making 4.2. Consent by signature plus

ratification

Consent by signature plus ratification is called a

simple signature

The Simple signature mode of expressing consent cannot make a state part of a treaty but needs ratification by relevant body.


………Formalities of treaty making5) Ratification process The executive organ is supposed to submit the

signed bill to the law making organ In the law making organ, the signed bill will

be sent to the standing committee After looking at the bill thoroughly, the

standing committee will present it to the law making body

The law making organ will approve or reject the signed bill of treaty


………Formalities of treaty makingGroup Activity-Two Consent by ratification is taken as a result ofdevelopment of democracy in the worldQ-1 ) Why do you think “consent by ratification” is related to democracy? Discuss Q-2) Who has the power to ratify treaties in Ethiopia? And what is the legal base?


5.1.12. Treaty implementation Treaty can be implemented through the

following two methods.A) Method of Adoption/incorporation:-treaties are considered part of domestic law domestic law has a mandate from the

Sovereign to incorporate ILB) Method of Transformation:- The parliament must express its

transformation by separate proclamationsIn the separate proclamation, the text of the

treaty need to be translate in the national/working language of the state.


……………….Treaty implementation

Method of Adoption/incorporation of international law emanates from monist school

Method of Transformation of IL into domestic law emanates from the Dualist school

Q) What does Art 9 (4) of the FDRE constitution

say about it? Does it follow adoption or transformation?“


5.1.13.Recognition of State/Government 1.Recognition of GovernmentAs one of the fundamental elements and

government is requirements of statehood.Recognition of government is common and is not as

such a problem.Under the ILs, the emphasis is on the continuity in

the international obligation from one government to the next

In most cases, the International obligations of State do not change when the government changes.

Problem may arise when a change in government happens through unconstitutional means such as by revolution or military coup.


………Recognition of State/Government In such cases, other states may not like the

new government and may want to change their relations

For the most part, this is a political decision and not a matter of international law.

Hence, recognition of new governments is a discretionary power of each states to decide.


……………Recognition of State 2. Recognition of state Recognition of state is considered to be one of

the attributes of statehood without which it cannot attain full international personality.

Recognition implies becoming subject of international rights to be enjoyed and duties to be imposed.

By recognition, the recognizing states manifest their intention to considered the recognized state as a member of international community.


……………Recognition of State Recognition in general is a political action whereby another state accepts the existence of a factual

situation in another “state.”Two theories explain recognition for new states.A) Declaratory theory- advocated by Hall and othersAccording to the advocates of this theory, the state exists prior to recognition.Once the factual criteria of statehood are fulfilled, the

new state becomes a legal person.


……………Recognition of State Hence, recognition is a formal admission of

already established facts. The factual criteria includes:- Permanent population/people Well defined territory Legitimate government Effective international relations Recognition simply declares objective existence

of the above factual criteria


……………Recognition of State Recognition is political in this sense, not

legal According to professor Hall, state has a

right to enter into the Family of State and must be treated according to law, as soon as it shows marks of statehood.

This view was supported by the declaration of Napoleon:- The French Republic no more needs recognition than the sun requires to be recognized.


……………Recognition of State B) Constitutive theory:- Hegel was the founder of

this school According to this theory, recognition is essential

for a State in order to attain full fledged international personality.

It is only through recognition that a state can:- becomes an int’l legal person in IL enjoy rights and duties For a state to exist, other states should grant

recognition


……………Recognition of State Similarly, for advocates of this view

like Holland and others, a State cannot said to have attained maturity unless it is stamped with the seal of recognition.

Q) How do you evaluate the two theories? Can we

look for other view? Discuss in CA team.April 27, 2023 Mebrahtu Woldu 75

……………Recognition of State 3. The correct view Advocates argues that the truth lies somewhere

between the two theories- DT and CT Declarative Theory(DT)it is factual that certain people settling certain

place lives governed by organized political entity interacting with other communities.

For this theory, recognition is given or denied for political reasons, otherwise the practice is there.


……………Recognition of State Constitutive theoryObviously States need to get recognition by the

international community to:- use their rights throughout their relations

and interactions Be legally responsible for what they

committed throughout their relations and

interactionsApril 27, 2023 Mebrahtu Woldu 77

……………..Recognition contModes of recognition: Recognition of States can be either

IMPLIED or EXPRESSED.1) Expressed Recognition Expressed recognition is made simply by a

formal and official declaration Expressing interest to recognize needs to

be based on international standards2) Implied Recognition Implied recognition is made by

acts/practices with the intention to grant legal personality


……………..Recognition contImplied recognition can be done either

by :- signing an agreement or accrediting a diplomatic envoy

Recognition in general :- may be granted individually or

collectively once given is irrevocable


……………..Recognition contThe issue of recognition arises when:-a) A new state emerges through secessionb) Unconstitutional change of government occurs

through coup & revolution E.g. Egypt in 2011c) Territorial change of state that occurs by

force, i.e. annexation Forceful annexation does not give

recognition. But, the permanence, effectiveness of occupation makes it difficult for states not to recognize it.


……………..Recognition contd) When an insurgent is fighting a

lawful government E.g. Libya IL grants a legal capacity for insurgents

when they have:- capacity to administer a given territory capacity to exercise certain rights &

obligations The UN Charter requests member

states to assist national liberation movements that can be:-

the decolonization struggle fighting for democracy and human rights


……………..Recognition contIt is to some extent based on this principle

that some states have given recognition of

belligerency to Syrian opposition currently.

Recognition can be either:- 1. de facto or 2. de jure


……………..Recognition cont1. De facto recognition:- Defacto: in practice regardless of official or legal

status, Mainly refers to:- the existence of fact lack of legal sanction or legal right Recognizing state thinks that the new state:- is actually independent and wielding effective power/authority but has not acquired sufficient and sustainable stability and order


……………..Recognition cont hence, its participation in the international community is provisional/temporary2. De jure recognition Basically De jure recognition refers to:- recognition in accordance with the law legal right from which duties can be driven In the case of de jure recognition:- the recognized state fulfills criteria set by IL for effective participation in the international arena


……………..Recognition cont The practice of today is neither:- both de facto and de jure the reason of the state matters most The major differences b/n de facto and de

jure:- de jure recognized sate only can represent the old state for the purpose of state succession de facto recognized entities are not entitled to full diplomatic privileges and immunities


5.1.14. Use of force and IOsThe use of force has been the most

controversial element in ILInt’l law always considers maintenance of int’l

peace as its fundamental purpose.Thus, rules that govern the use of force

are at the center of IL. This law in addition to the equality and

territorial integrity of states provide the framework for int’l order.

Just war:- it is better to start our discussion by

looking at doctrine


A) Use of force:- Just War Doctrine “Just war”In the tradition of Western political thought,

the just war doctrine refers to the :- ideals reasons and values about the issue of when warfare can

be justified its cause.There are religions that allow ‘just war

'when there is a need to defend: one’s people one’s country property during invasion


……….Use of force:- Just War Doctrine

But a war can just only:- when it is taken as a last resort (after diplomacy is

failed)

When it is carried out in a proportional manner When its end purpose is the restoration of peace When it has a reasonable hope of success Augustine argues war is inevitable that can

be:- just and unjust. it is right to participate in a just war.He defined just war as “avenging of injustice

suffered where the guilty party has refused to make corrections”


……….Use of force:- Just War Doctrine

However, the emergence of modern sovereign states after Westphalia changed meaning of Just War.

Because of sovereignty, no state could justify the action of another as “unjust” or just due to equality of states in the IL


B) Use of force and the League of NationsThe League of Nations requested

states to:- avoid the use of force and resort to:- - arbitration, - judicial settlement or However, the League of Nation:- did not outlaw war as such; but provided procedures to restrict it to

tolerable levels.


C) Use of Force and the UN The UN Charter Art 2 (4), declared that:- “All states shall refrain from threat or use of

force against territorial integrity or political

independence of any state”This principle is now regarded as:- established principle of int’l law and binding on all member statesBut, there are two exceptions where use

of force is justified:- collective use of force authorized by the

UN (when armed attack on a member state

occurs) the right to proportional self-defense


D) Use of force in self-defense1. Ethiopia’s attack on Eritrea-Ethiopia claims it is self-defense for an attack by

insurgents assisted by Eritrea in line with Art. 51But, int’l law supports self-defense only in case

of state armed attackYet, in practice, states use it. The US used it on

Afghanistan2. Ethiopia's attack on Al Shabab-Was it a preemptive attack as it posed direct

threat to Ethiopia's national security?These two issues are controversial among IL

scholars Discuss for 3 min. in class


E)Use of force and the UN CharterWhen inter-state disputes arise:- the SC recommends methods of settlements. these legally recommendations are not binding.

These recommendations may include:-

diplomatic procedures (negotiation, mediation, inquiry);

adjudication (ad hoc arbitration where the parties have some control over procedure and substantive matters) and

judicial settlement in an int’l court of justiceApril 27, 2023 93Mebrahtu Woldu

…………..Use of force and the UN Charter There are also regional

organizations for dispute settlement such as:-

The EU Court of Human Rights The AU Court of Human Rights The Arab League organization The Organization of American States etc…


5.1.15. Principle of non-intervention “Principle of non-intervention” in state is:- regarded as part of customary IL. based on the territorial integrities of statesIn principle, legally International Law

prohibits:- assisting/helping Organizing/leading Financing subversive armed activities directed

at overthrowing a regime of another state.

But, in reality, the practice of many states is opposite to the

principle and legal framework.


……………Humanitarian interventionExceptionally, IL allows intervention for

humanitarian for the purposes of protecting:-

- persons and group of persons - communities and ethnic groups in an armed conflictsExamples:-1.UK, France and USA declared a no-fly-zone over

northern Iraq in 1991 ‘to protect Kurds’. But, the UN did not authorize it.

2. NATO’s bombing of Yugoslavia was ‘to protect ethnic Albanians’. But, the UN did not also authorize nor condemn it.


……………Humanitarian interventionAs a new approach, international community has the responsibility to protect the rights of civilians and helpless societies when a state :-

fails to protect them from the attackers or undertakes gross violation of human rights deliberately

N.B:- This principle implies the need for a redefinition of principle of state sovereignty


5.1.16. International crimes Major International Crimes include:- the crimes of genocide, war crimes and crimes against humanity.a) Genocide refers to:-An intention to destroy, in whole or in part

of:- national ethnic groups religious groups Genocide act may involve:- killing, bodily/mental harm, preventing birth etc.


………………International crimesb)War crimes:- War crime is violation of IL that

involves:- killing or mistreating the wounded killing or mistreating Prisoners of War, using poisonous gas, destruction of civilian areas, historical

sites, religious sites, etc.


………………International crimesc) Crimes against Humanity:- Mainly refers to a crime committed:- before or during armed conflict, on citizens or non- civiliansCrimes against Humanity Involves:- murder, enslavement, deportation, displacement torture, etc…………………………………….


………………International crimes Developing countries argue that Western countries use humanitarian

intervention as a political tool. Q) As a leader of one of the developing countries, do you agree with the

above statement? Why?


5.1.16. International judicial bodiesThe UN has different mechanisms

deal with these crimes committed at the international level. The major ones are the following.

1. The International Court of Justice(ICJ)

2. The International Criminal Court(ICC)


1. The International Court of Justice(ICJ)1.1. Background of ICJWas established in 1945 by the UN

Charter and began work in 1946Its headquarters located in the Peace

Palace at The Hague, NetherlandsIs part of the UN systems and organsThere has been an increased willingness

to use the Court since the 1980s, especially among developing countries.


………………………………..the (ICJ)Has a Statute as a main constitutional

document that regulates its functions

Is the UN’s main judicial organ in which only the sovereign states are subjects

Is binding only on States that are Parties to it and specific case


…………………………………….the (ICJ)1.2. The Composición of ICJThe ICJ is composed of 15 permanent judges

elected by the UN General Assembly and the UN Security Council.

Judges of ICJ are supposed to serve for nine year terms and may be re-elected.

No two judges of ICJ may be nationals of the same country.

As stated in Article 93 of the UN Charter, all 192 UN members are automatically parties to the Court's statute.


……….The International Court of Justice(ICJ)1.3.The Procedures of ICJThe ICJ is vested with the power to make its own

rules and apply them. The case can be lodged by the applicant who

files a written memorial setting out the basis of the Court's jurisdiction and the merits of its claim

The respondent may accept the Court's jurisdiction and file its own memorial on the merits of the case

The official languages of the ICJ are French and English


2. The International Criminal Court(ICC)2.1. Background of ICC It came into being in 2002 based on the

Rome Statute due to difficulties observed in ICJ Its official seat is in The Hague,

Netherlands, but its proceedings may take place anywhere. It is compulsory and binding only on state parties or signatories


…………..the ICC2.2. Jurisdiction of ICC Territorial Jurisdiction:-the ICC has the

territorial jurisdiction only in three cases namely:- • if the accused is a national of a state party. • If the alleged crime took place on the territory

of a state party. • If a situation is referred to the ICC by the UN Security Council.


…………..the ICC Crime Jurisdiction:-the ICC has the

jurisdiction on following crimes which are referred as the most serious:-

• crimes of genocide • crimes against humanity • war crimes • crime of aggressionThe Scope:- the ICC deals with systematic

and widespread human right abuses and crimes.


…………..the ICC2.3. Major Organs of ICCa) assembly of the states partiesb) the court the presidency:- three presidents - The president - First vice president - Second president the chamber:-three chambers - pre trial division - appeal division - trial division


…………..the ICCc) Office of the prosecutor chief prosecutor deputy prosecutord) The registry the head of the registrarthe expert/s2.4. Subjects of ICC are individuals who committed crimes against nationals

within the territory of State parties states, associations and companies do not fall under the

jurisdiction of the ICCApril 27, 2023 Mebrahtu Woldu 111

…………..the ICC2.5. procedure of the ICCChief prosecutor, upon investigation of a claim,

brings charges before the pre-trial chamberIf trial is warranted, the defendant will stand trial

in the trial chamber before a panel of three judgesIf convicted, the court may impose imprisonment

for a number of years not to exceed 30 yearsNo death penalty is allowedDefendant may appeal to the appeals division

before a panel of five judges


…………..the ICC The milestones of the ICC:- • individuals can bring their cases. • victims can participate in the court procedure • victims can claim compensation


Activity-Two:- to be done individually and in groupThe activities to be performed by

individual members first and in group are reading the topics ,summarizing the topics and discussing on the summary.

1. Instructions First, individual team members should read the materials on the

topics and prepare a short summary Second, the change army team should discuss on the short

summaries reported by each members Third, the change army team should come up with short summary

of the topics and present in class. All team members will present.


2. The topics The topics are State Succession and State

Responsibility3. Time frame The time given for activity is 8 days excluding the

presentation day. The time allotted for each presenter is 3 min. Tentatively all presentations will be held next Saturday

morning4. Points/Marks for each presentation 10 points for the paper 10 points


5.1.17. State succession(SS)State succession refers to the transfer of:- rights duties from the:- - old/parent state to the - new/child state Under the title of State succession, we have:- The predecessor state is a state:- -from which the newly born state is formed -which is not existing as it was previously


5.2. International Organizations5.2.1. Global Governance(R.A)Over the last few decades, new global

governance challenges emerged namely:- proliferation of WMD (nuclear, chemical

biological); poverty; environmental threats; drugs; human rights violation; ethnic conflicts; terrorism; HIV/AIDS; failed states

It is believed that these problems can be managed by:-

a group of sovereign states, not by individual state using various ways and means the involvement of different non- state actors


………..International OrganizationsThese challenges and problems :- require cooperation among states and non-state actors demand the establishment of new mechanisms

and organizationsThus, an independent body of prominent scholars

were assembled as Commission on Global Governance in 1995 under the auspices of the UN to study modes of global cooperation to deal with global challenges


………………..International OrganizationsThe Commission defined governance as:- the sum of ways by which:- - individuals and - institutions manage their common affairs”Global governance includes both “formal

and informal arrangements that people and institutions have agreed to or perceive to be in their interest”

Thus, global governance is not global government; it does not mean a single world order; it is not a top-down hierarchical structure of authority.


…………………………..International OrganizationsPieces of global governance: Pieces of global

governance are the “problem-solving arrangements & activities that states and non-state actors have put into place to deal with various issues and problems”

They include int’l laws, norms/soft laws and formal international intergovernmental organizations (IGOs), relief aid, development assistance, human rights monitoring mechanisms etc

But, multilateral agreements (except EU) are not used to directly bind individuals, terrorists, NGOs, MNCs.

Yet, multilateral agreements create norms/standards of behavior/soft laws, which states are expected to observe and if possible, enforce against non-state actors

Due to this, the state-centric public int’l law did not help much in the development of comprehensive global governance mechanisms


5.2.2.International organizationsTypes of International organizations The major types of international organizations to

be discussed under this topic are following:- 1. International Inter-governmental Organizations(IOs) IGOs are formal institutions comprised primarily of

sovereign states such as UN, AU, EU, NATO, G8,..etc.2. International Non-Governmental Organizations

(INGOs) International NGOs are essentially nonprofit, private

organizations that engage in a variety of international activities (e.g. Amnesty International, Greenpeace, International Committee for Red Cross, ………..etc.)


……………..International Organizations3. Multinational Corporations (MNCs) There are four broad categories of

MNCs:- • MNCs involved in Agriculture and extractive

industries, including gas and oil explorations (British Petroleum (BP), …………. etc).

• MNCs involved in the provision of financial services, such as multinational banks, brokers and insurance companies.

• MNCs as industrial corporations involved in manufacture of goods (Motorola, Sony, ….. etc).


5.2.3. International Inter-governmental Organizations(IGOs)a) Definition of IGOs simply put IOs Int’l inter-governmental organizations

are organizations established by two or more states with common interests for common purposes.

International Organizations have their own unique natures and features among which the following are the major ones.


b)Characteristics of IOsIOs have the following major features through

which their essence can be understood.1. IOs are created by states:- one of their features is that they are basically formed by sovereign states.2. IOs are established by treaties:- the other feature is that they cannot be established by

domestic laws


……………….IOs3. IOs have powers delegated by States:- IOs are supposed to act based on the interests of the

member States. To this end, they have attributive and implied sources of powers and functions.

c) Classifications of IOs1. Classification based on functions and

purposes:- IOs are supposed to carry out different functions such:- - economic - security/military - social - diplomacy………………… …………………………


……………….IOs2) Classification based on membership:-IOs can be classified based on their

membership and scope as:- - open to all states to be a member example:- UN -open only to some sates to be a

member example:- AU


……………….IOsd) States join IOs because IOs :-allow more economic cooperation and

benefits; allow states to gain more political

influence; guarantee states with more security; reinforce positive behavior of members; and

hence peaceful coexistencemake other states' behavior predictable; allow states to benefit from administrative

machinery cheaply ………. etc


…………………… (IOs)e) Evolution or history of IOs (reading

assignment)The earliest modern precedents to today’s

IOs:1. Westphalia treaty, 1648

Representatives of the state in Europe could not solve differences between states, religious issues and others. This led to the need of having IOs to cooperate and handled issues.

Generally and gradually, the state system declined when int’l trade, immigration, democratization, technological innovation expanded.

Thus, Westphalia Peace Treaty was emerged as the 1st instance of international organization.


……………….IOs2) THE CONCERT OF EUROPE (CONGRESS OF VIENNA, 1815)It was the 1st systematic attempt to regulate

international affairs through int’l conference among European powers; (Austria, GB, France, Prussia, Russia). So, no major war between them

It guaranteed freedom of navigation over European international Rivers and Seas, which made int’l waters a subject of int’l law and adopted code of ethics on how to conduct diplomacy


………………….IGOs The Berlin Conference, 1884-85, also gave

order to the emergence of the Scramble for Africa to preserve the peace & facilitated by industrial revolution

The CONCERT introduced methods of dealing with common problems; introduced multilateral diplomacy & special privileges for great powers

The Congress system institutionalized the balance of power system (avoidance of rise of hegemony through alliance/counter-alliance) & dominated the whole 19th century until WWI


……………….IOs3) THE HAGUE CONFERENCE SYSTEM, 1899,

1907: This was a generalized conference system in

which Europeans & non-Europeans were invited to participate in problem solving.

During this time, Russia convened two conferences in the Hague involving European and non-European states on prevention of war, treatment of prisoners & conditions for arbitration, negotiation


China, Latin American states, Japan were given equal voice. Thus legal equality of states and universality emerged as twin principles.

It led to the Convention for the Pacific Settlement of Int’l Disputes, 1899 (an ad hoc commission of inquiry) & the legalistic institutions such as Permanent Court of Arbitration in 1907, a permanent body of jurists selected by states.

In general, the CONCERT OF EUROPE & HAGUE CONFERENCES were major global governance innovations in 19th century.


Weaknesses of conferences 1. The Conferences had to be initiated by a

powerful state which has interest in it2. There was no formal organization, no explicit

mechanism for implementing collective action.3. It lacked principles of membership.

Participation was based on the will of the powerful state that organized the conference & invited participants; thus, largely Eurocentric

4.They were not wide debating forums; only heads of state used to read out statements/positions

5. They were political forums, rather than focusing on legal aspects of dispute resolution due to emphasis on the principle of equality of states


……………….IOsPUBLIC INTERNATIONAL UNIONS: Specific purpose organizations were also established

among Europeans to deal with nonpolitical issues such as commerce, communications, technological innovation etc

Due to growing interdependence, Europeans established

the International Telegraphic Union in 1865 with permanent secretariat; the Universal Postal Union in

1874; and International Criminal Organization, Interpol, in 1923, all instrumental in facilitating

nonpolitical tasks such as communication, commerce… Public unions also offered techniques of multilateral

conventions, i.e. making binding laws on members These organization paved the way for 20th century IOs


THE LEAGUE OF NATIONS(1919-1939) All these 19th century conferences and innovations failed

to prevent the collapse of the balance of power system among Europeans

Hence, WWI between Triple Alliance (Germany, Italy,

Austria) & Triple Entente (UK, France, Russia) occurred.

The Versailles Treaty on the basis of terms of the victors led to the formation of League of Nations

Hence The League was established as the 1st int’l permanent organization with more of political nature.


…………………THE LEAGUE OF NATIONs League of Nations was originally the idea of

American President Woodrow Wilson following the First World War.

There were different views on how the League of Nations should operate American view:-a world parliament where

representatives would meet regularly to decide on matters which affect all of them

Britain in view:- a very simple organization in which representatives would meet during emergencies only


…………….THE LEAGUE OF NATIONS France View:-A strong League capable of enforcing

decisions with its own army The Americans did not join the League. why? This was

because:-1. many Americans did not think that the Versailles Treaty was fair. As

the League was linked with the treaty, they did not want to be part of it.

2. most Americans wanted to stay out of disputes that might enter their troops into a war

3. others wanted to avoid the economic cost of joining the League4. many Americans were anti-French and anti-British at that time5. basically policy of isolationism(staying out of international affairs) made Americans not to join the League of Nations.


…………….THE LEAGUE OF NATIONSMajor purpose/aims of the League of Nations

were:- 1.to promote int’l peace 2.to encourage co-operation in business and trade3. to discourage aggression from any country4. to encourage disarmament5. to maintain int’l security through peaceful settlement of disputes (arbitration and adjudication) and collective security methods


…………….THE LEAGUE OF NATIONSTwo basic principles:1. Members agreed to respect territorial integrity

and political independence of states2. Members agreed to try methods of peaceful dispute settlement3. Members agreed at, the end, the League to have

the mandate to enforce settlements through diplomatic & economic sanctions in case of states’ resort to war

Major organs of the League1. Executive Council 2. Assembly 3. Secretariat 4. Permanent Court of Int’l Justice &


…………….THE LEAGUE OF NATIONS1. Executive Council The Council was consisted of:- * UK, France, Italy and Japan permanently

and * four other periodically elected members. The Council was the main organ to:- * handle and settle disputes * impose diplomatic and other sanctions, * supervise mandate system…………………..


…………….THE LEAGUE OF NATIONS

2. Assembly of the LeagueIt consisted of all member states of the League

of NationsThe GA was authorized to:- * admit new members, * approve budget, * elect non-permanent members to

CouncilIn principle, the GA operated on the basis of :- * unanimity, * complete agreement In the GA, in many practically cases, states

preferred:- * abstaining rather than * objecting to decisionsApril 27, 2023 141Mebrahtu Woldu

…………….THE LEAGUE OF NATIONS3. Permanent Court of Int’l Justice (PCIJ) Judges were elected by both:- * the Executive Council & * the Assembly Permanent Court of Int’l Justice:- * gave advisory opinions to those in need * was permanent organ * its judgments of were binding on all

parties


…………….THE LEAGUE OF NATIONSLeague’s weaknesses(read this part)a)It became unpopular as it included the unjust

Versailles Treaty which excluded the defeated powers initially

b)The Covenant did not deal with issues of withdrawal and the consequences of withdrawal. Thus, states tried to avoid obligations by withdrawing their membership

c)The rule of unanimity undermined the League. Hence, it could not prevent Italy’s invasion on Ethiopia, 1935, Japan’s invasion on China, 1931, Germany’s invasions, 1939. Japan withdrew from the League in 1933. the USSR was expelled when it invaded Finland in 1939

d)Decisions on whether circumstances arose to enforce sanctions were up to the discretion of individual states, not by League


…………….THE LEAGUE OF NATIONSFailures of the LeagueIt failed to take decisive action; neither France nor

UK wanted to take military or economic sanctionsIts response to Italy’s invasion further undermined

its legitimacy. UK and France had already assured Mussolini of their neutrality

In fact, the League Council had identified Italy as aggressor and called for sanctions, but not implemented.

It also failed to prevent Hitler’s invasion of Czechoslovakia and Austria.

Shortly, it can be said that collective security was impractical in reality

As a result, the League was silent on WWII during the period of 1939-45.


The United Nations(Since 1945)1.The origin of UN The Atlantic Charter of August , 1941,

was:-• taken as the basic foundation of the

UN

• a joint declaration of Roosevelt and Churchill

•to bring permanent system of security and economic collaboration

• at first affirmed by 26 statesApril 27, 2023 145Mebrahtu Woldu

……………….The United NationsBased on the Charter, the great powers had a

series of conferences and negotiations at Washington, in August and October 1944

The conferences and negotiations were on the basis of universal membership of all “peace loving states”

Then, it was finalized and adopted by 50 states at San Francisco conference on August 25, 1945


In the process of the negotiation, the debate on regionalism and globalism in international politics was high by that time. That is universalism Vs cultural relativism

Third world delegates led by Latin American and Arab blocs were advocates of regionalism. Why? Discuss.

Finally, at the San Francisco conference modifications favoring regionalism were made.

As a result, the UN Charter incorporated the right to collective self-defense and the primacy of dispute settlement through regional means.

……………….The United Nations


2. Purposes of the UN The UN has the following major purposes. 1) to promote int’l economic, social, humanitarian cooperation 2) to maintain int’l peace & security and take effective measures to this end 3) to develop friendly and brotherhood relations among states 4) to guarantee the rights of self-determination to peoples 5) to harmonize the actions of states to attain common ends

…………………..The United Nations


3. Principles of the UN 1. Sovereign equality of states ; one state-

one-vote in the GA2. Peaceful settlement of disputes and

conflicts;3. States’ restraint from threat/use of force; 4. States shall assist UN’s enforcement

actions on those breaching peace; 5. Members are required to act in line with

UN’s requirements6. No UN intervention in domestic matters

unless it falls within enforcement jurisdiction

The United Nations


But, the line between ‘domestic” Vs. “international” problems remains blurred in the UN Charter

The scope of “international” expanded gradually with UN’s role in human rights, development, environment, ethnic/intra-state conflicts, humanitarian crises, failed states, terrorism etc

Thus, tension always exists between UN’s commitment to collective security against a state & affirmation of state sovereignty

…………………The United Nations


4. Major Organs of the UN The UN has the following the major

organs. The UN consists of 6 bodies namely:- -the General Assembly - the

Trusteeship Council -the Security Council,, - the ICJ -Economic & Social Council, -the Secretariat There are also specialized agencies namely:- -the WHO - the IMF -the FAO, - the World Bank, -the UNESCO

…………………The United Nations


…………………The United Nations1. The General Assembly of the UN1. The GA is a world forum operating along

“one state-one-vote” formula for all members

2. The GA coordinates, supervises subsidiary bodies with specialized committees & decides on the UN budget

3. The GA admits new members, that are ‘peace loving nations’ after SC’s affirmative vote;


………..The United Nations4. It elects non-members to the SC and other organs5. It appoints the SG after recommendation by the

SC and appoints ICJ judges6. It can make inquiries on conflict situations and

propose amendment to the Charter by 2/3rd vote, to be ratified by 2/3rd states including all permanent members

7. It can call up the attention of SC on matters of int’l security but, its problem is that when a peace & security agenda is deadlocked in the SC, the GA can’t discuss & decide on it.


8. The GA produced treaties such as:-* the 1961 Vienna Convention on Diplomatic

Relations, * 1969 Vienna Convention on the Law of Treaties, * 1968 Treaty on Nonproliferation of Nuclear

weapons.

9. The GA’s voting system is:- * majority for ordinary matters * 2/3rd for substantive matters

10. The GA is weak because mainly:- * its non-binding recommendations as well as * the diverse interests of its members en it

…………………….The United Nations


2.The Security Council of the UNSC consists of 15 member states:- * five permanent members with veto powers

and * ten non-members elected every two yearsThe election system of SC is based on:- * geographic representation criteria * contribution to int’l peace & security

and * other UN objectives. normally, the representatives are:- * (5)Afro-Asia , * (1) Eastern Europe * (2)Latin America * (2)Western Europe

……………………….The United Nations


…………….The United Nations The major reasons for permanent membership of the great powers

were that:- They made sacrifice in establishing int’l

economic, political, legal orderJustified for smooth and quick decisions on

aggressionThe USSR would not have joined the UN

without veto due to the western bias of the Council


2. Powers of the Security Council: Under Art 24, it has a primary objective

of maintaining int’l peace & security through peaceful settlement of disputes short of force or collective use of force.

Only the SC authorizes enforcement sanctions.

Primarily, SC takes actions short of war in case of

disputes due to breach of peace, threat to peace or aggression

………………………..The United Nations


3. Voting of the SCAffirmative vote of 9 members including the concurring

vote of P5 is required on substantive matters. Unlike the League it operated on majority vote system

One negative vote by a P5 state is enough to nullify any resolution. But, procedural matters require only nine affirmative votes

During the Cold War, it was paralyzed due to frequent use of veto by the P5

Q) Why veto power? Veto was justified on grounds: 1) the founders deliberately incorporated it to make the use of

force difficult for the organization because the dangers of waging war

2) consensus of the great powers was needed for the use of force to be successful politically and militarily

……………………………….The United Nations


4.Peacekeeping system and the SC:-Peacekeeping as defined by The UN is “an

operation involving military personnel, but without enforcement powers, undertaken by the UN to help maintain, restore int’l peace & security in areas of conflict”

peace building (identify & support structures to promote peace),

peacekeeping (deployment of troops by consent) &

peace enforcement (peacekeeping without consent) as UN actions

Peacekeeping is one of the innovative approaches to promote peace and security

The United Nations


But, the UN Charter does not provide any provision for peacekeeping. It is an innovation of the Cold War conflicts

Thus, peacekeeping is referred to as a “grey zone” between peaceful settlement of disputes & the military enforcement provision .

Peacekeeping is based on voluntary contribution of troops from member states as proposed in the Charter

…………………………….The United Nations


Peacekeeping is a multinational force often from developing countries consisting of ad hoc military, civilian & police units E.g. PKs in Darfur and South/North Sudan

Traditionally, their primary purpose is to monitor truce, ensure troop withdrawals, provide a buffer zone etc

Q) What were the responsibilities of UNMEE? How did it withdrew from the border? What is the role of Ethiopian PK mission in South Sudan?

…………………………The United Nations


3. The Secretariat of the UNThe Secretariat is a technical organ and more

than 7000 staff running the administration of UN’s programs, policies

The Secretariat is led by the Secretary General ; this organ being led by Secretary General has the power to bring issues of peace & security to the attention of the SC

The Secretary General often comes from developing & small countries for 5 years term renewable

The Secretary General represents the UN in many forums for different duties.

…………………………………The United Nations


……………..The United Nations4. Trusteeship Council of the UN:Trusteeship Council was mandated to administer

territories in the process of self-governmentBut, Trusteeship Council of the UN is not

functional in the contemporary world.5. The ECOSOC of the UN: The ECOSOC undertakes much of the economic

and social activitiesThe ECOSOC consists of 54 members elected by

the GA for three years


Suspension/expulsion: Membership of the UN may be suspended under Article 5 by the GA, upon the recommendation of the SC, where the member state concerned is the object of preventive or enforcement action by the SC.

Article 6 allows for expulsion of a member by the GA, upon the recommendation of the SC where the member state has persistently violated the Principles contained in the Charter

………………………………The United Nations


Reform of the SC: reform requires amendment of the Charter, i.e. 2/3rd at GA to be ratified by 2/3rds of member states including the P5

the reform of the SC has always been debatable. The second issue is whether to continue with

permanent Vs nonpermanent distinction. Related to this there is issue of whether new members will have veto power or not

Options: 1. No veto power to new members; 2. limit veto power of the permanent members to Chapter VII only; 3. eliminate veto entirely as it is

undemocraticQ) Which option do you think is best option in light of the

existing international order?

………………………..The United Nations


Documents

IR Ch 5 International Law