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International Law
Stetson University School of Law
Nagle, Luz Estella

I.        International Organizations
A.      UN (PowerPoint available)
i.        Who can be in the UN? – Article 4-
a.      Requirements:
i.        Peace-loving nations
(i)     What is peace loving? Who decides that? Economic or Armed Conflict?
ii.      Accept the obligations in the charter (article 2)
(i)     Israel for example: lots of resolutions regarding Israel, but they don’t respond to them. Is this accepting the obligations in the charter?
(ii)   There is a constant conflict between the interest of the Supranational Organization and the needs of the Sovereign Nation.
(iii)Maybe there should be leeway in there to accomplish goals or should we start kicking people out.
iii.    Able and willing to carry out their obligations:
b.      Security Council makes a recommendation to the General assembly who has to pass a 2/3 vote.
i.        The permanent 5 on security council: France, Russia, US, UK, China.
ii.      UN Representatives: In the US, President appoints and the Senate confirms the representative but other countries have friends of the president or leader
a.      Often President sends someone who would have been indicted in their country in order to receive immunity when they are in NY; these representatives have dirty reputations 
iii.    What does membership mean?
a.      Representation in New York
b.      Vote
c.       Legitimization
d.      Article 2-must follow the charter
i.        Becomes a good argument for countries who want to confront other countries that aren’t following the charter
ii.      It is an international treaty that sets out basic principles of international relations.
e.      Sovereignty, When country joins, give up a part of their sovereignty
i.        This leads to conflict because the country is trying to run its country as they think it should be but then you have super international organization telling you otherwise
ii.      Tension comes from politics
(i)     Societal
(ii)   Economic

iv.     Article 1- Why is the UN here? Purposes:
a.      Maintain Peace and security
b.      develop friendly relations among nations
c.       Achieve international cooperation in solving international problems
d.      Promoting Human Rights
e.      Be a center for harmonizing the actions of nations
v.               United Nations Charter
a.       It is a treaty
b.      Sets out procedures and establishes international principals
vi.      Principals
a.       Sovereign equality (for all Member States)
b.       Obey the Charter (must)
c.        Settle differences by peaceful means
d.       Avoid using/threatening-use-of force (must)
e.       No interference in the domestic affairs of any country
f.         Assist the United Nations (countries should)
vii.   The UN Six Principal Organs
a.       General Assembly
i.         All member states
b.       Security Council
i.         Primary responsibility is peace and security
c.        Economic and Social Council
i.         Central forum for discussing international economic and social issues
d.       International Court of Justice
i.        Principal judicial organ
e.       The Trusteeship Council
i.        IIs not very active now, as there are not many territories anymore
f.        Secretariat
viii.Documentary: Broken Promises
a.      League of Nations failed because no country wanted to give up their sovereignty and succumb to an international organization; every country protecting their own interests
b.      FDR was instrumental in the UN creation- Truman kept it going
c.       Charter signed in 1945
d.      The UN was supposed to take action against aggressors- but the UN is unable to identify the aggressors and considers warring parties morally equivalent.
e.      The UN declared Zionism racist in the 70’s and it was rescinded later.
f.        There are 4 committees dedicated to the rights of Palestinians.
g.      The UN treats members as equal…democracies and dictatorships.
h.      Success in Cambodia. Failure in Rwanda, Somalia,
i.        General was told to protect the image of impartiality of the UN.
j.        Refugees had no faith in the UN
k.       Romeo Delaire, the commander, became a liability for psychological reasons and had to be relieved of command
l.        In 1991, Yugoslavia began collapsing, Serbia wanted to hold on to the smaller republics.
m.    In Srebrenica the Dutch soldiers that made a deal with the Serbs to take the men out of the safe place. They were killed…Look up more info on this.
ix.     Process for addressing Human Rights Problems
a.      HRC will form subcommittees and send field workers into nations to examine human rights. They will try to interview individuals who seem to be having human rights problems. The report isn’t always publicized. They will have analysis and suggestions in the report that they get.
i.        When the nations sign on to an accord, they still have different ideas about human rights and what “woman’s rights” mean…etc.
ii.      Reservations are when a country signs on to a treaty but becomes exempt from particular claus

sanctions to enforce the resolution. We took the money from the oil and gave them food. First step is Pacific Settlement, second step is more embargos, The third step was military force. Nations were not supposed to have investments or dealings with Iraq without UN Clearance. But everyone was dealing with them anyway. Nagle says… that the UN is only as effective as the member state’s level of commitment. Kofi Annan’s son was supposed to be supervising but he took bribes. “Appearance of Impropriety” associated with Secretary Annan. They need a code of ethics.
a.      Should there be a code of conduct and whose values should it reflect.
xvi.Why does the UN have any role in countries that produce opium? If the nations produce illegal drugs then money that they make from the illegal market will be funneled to cartels or terrorists. What if Afghanistan signed on to the 3 un conventions. Is there recourse? Yes.
xvii.           Japanese have fished juvenile salmon in international waters. No one wants to do anything about it. Japan never signed an agreement not to do it. They say this is a part of their culture. It is important to think about putting teeth into international environmental law. How far does sovereignty go when confronted with these issues.
xviii.         Graphing Rwanda
The UN became involved in Rwanda too late. What in the UN charter tells us they should have acted before they did? The purposes of the UN: Article 40. The Security Council should have made the determination that there was a problem : Article 2. Secretariat should have been more active and recommended it to the Security council: Article 99. Article 2 sub 4 says hands off of internal conflicts. Article 25 describes the effect of the security council resolution. It is binding if you are a member of the UN charter. The security council decided that the regional arrangements (article 52) were authorized to be formed and have the African Union make sure weapons weren’t penetrating the border. Passed resolution pr