Beruflich Dokumente
Kultur Dokumente
Prepared by: Toni Tancevski / ID 9846 Mentored by: PhD Zvonimir Jankulovski
Historical development3
The need of International Organizations Instituting of the United Nation Eras of the role of International Organizations and the United Nation Some of the International Organizations
Conclusion..11
The future of the International Organizations
References.14
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1.
Introduction
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American States. Certain international organizations can prioritize its commitment toward the global participation, such as the International Telegraph Union, or it can commit its mission and vision to a particular project area, like OPEC or to address a wide range of topics, such as the OSCE or the United Nations. The term international organization exceeds the forms of international cooperation and also involves the forms of private organization of transnational groups and associations. In this respect we should mention a few names that often circulate in the terminology of the forms of international organizations: "Institutional internationalism", "Volunteering internationalism". These forms of transnational organized private networks are called international nongovernmental organizations (INGOs). They include those forms of international organization, which primarily are formed on the basis of an agreement between the governments. Therefore, this form of organization can be voluntary, nongovernmental, nonmilitary, non-profit and non-religious. They aspire to political, economic, social and welfare purposes, independent and without participation of the political parties and state instruments. Its scope is not committed to altruistic purposes but the INGOs efforts are focused on the specific authorities that are not obtained and with no given legitimacy by an external body. Their work is based on self-defined goals and expertise. Both forms of organization are characterized by regular meetings of its representatives, special procedures of decision-making, as well as the existence of a permanent secretariat.
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Historical Development
Most of the political scientists and historians elaborating the international organizations agree that the forms of gatherings with the international character started with the 19th century conferences where the lawyers from the various countries started to meet and to do various treaty making efforts. The 19th century conferences led to certain hindrances due to the fact that the states found that they are basically at the rule of the host state who decided whom to invite and what issues to put in the agenda. This hindrance was a reason for lack of continuity in respect to address the global issues which was the fundamental motive for the meetings on international level. In other words, if the host state was not eager to invite that state that didnt get along with, that state and the representatives werent there. Therefore, such deficiencies with 19th century conferences led states to think on creating viable institutions with international secretariats where over time these institutions would inspire to have universal membership. Among the first IOs was the International Labor Organization (1919) which was created as part of the Treaty of Versailles that ended World War I, to reflect the belief that universal and lasting peace can be accomplished only if it is based on social justice. One of the earliest efforts was as well the League of Nations which certainly denoted the earlier efforts to establish the international organization. Thus, that period is an era of functionalism, what the political scientists would
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like to describe as a need of the states to cooperate at a certain level. Such cooperation originates from the need for centralization from one side and independence from the other. The states wanted to centralize their efforts in respect of resources, financial and intellectual resources to engage jointly in a problem, and also the need for independence was crucial in establishing the first ties of interstate interactions. In this regard, the need for independence is commonly described through the example of impartial institutions like the International Court of Justice or the independent civil service of the UN Secretary General. In other words, that would be a third party who is relatively removed from the state interest who can for example settle a dispute, neutrally, to allocate the resources, neutrally. That desire for Centralized independence is good explanation why the international organization came into being.
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withdrew from the League of Nations Assembly after the League of Nation Assembly had adopted a report blaming Japan for events in Manchuria) is demonstration how
the UN learned from the prior mistakes. Over time, UN has learned as well from its own mistakes and dilemmas. As a challenge, UN had to undergo the colonization which was its own effort to produce more states which actually was a radical shift in for example the composition of the General Assembly which went from a body that was under the effective control by the United States and western powers into a body that now exceeds 190 states which contributed to a lack of US control over the majority in the Assembly. That was actually a big transformation. Hence, speaking about the changes that led to instituting the new form of state interdependences in the name of UN is certainly the decolonization.
Eras of the role of International Organizations and the United Nation I. Cold War era
The other era of change started in the late 1940s, 1950s and 1960s. That was the Cold War. The Cold War paralyzed a lot of the institutions, not only the United Nations but certainly the Security Council which became powerless to achieve any consensus or any kind of action which was over during the period of post-Cold War when the politics has changed.
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III.
Era 9/11
That UN-foria ended partially due to the second judgments of the United Stated like for example, after the Somalia Civil War. That was the period when it was declared, primarily by the US, that although the Cold War is over it is not expected that the veto will be over. So, the United States used the veto or whenever is convenient for the US politics they dont need to use veto, in other words, what suits the most individually for the US foreign politics. This led to a new mode of transition of international relations and diplomacy as well as the
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role of the International Organizations. This mode was termed as 9/11 mode which (based on the authors opinion of this essay) radically changed the role of the international organizations, vis--vis the experts opinion who claimed that it is new paradigm shift without putting a label and name of the period that denoted the post-Cold War era. The 1990s were very eventful in the international diplomacy in terms of operations as well as normative and legal evolution. The 2000s in the international diplomacy will be remembered as reactivation of responsibility to protect. An era of a new sense that the member states in the IOs have the responsibility to protect the population and UN through its immediate response instrument, the Security Council could authorize what some wouldve called a humanitarian intervention which is very suspension composure of terminology if we deepen our analysis into the economic benefits that some of the super powers will get with such intervention. Therefore there is a suspicion that the Security Council will not act consistently on that premise, the principle of humanitarian intervention. Syria crisis is in particularly supporting this thesis. To recapitulate, there is a doubt that the responsibility to protect is anything other than a politically useful tool when convenient but not a legal principle that all we expect to be consistently applied.
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3.
The principal functions that every IOs has to have in its catalogue is to: Analyze the relevant thematic issue or country situation on behalf of the IOs; Advise on the measures which should be taken by the government(s) concerned and other relevant actors; Alert United Nations organs and agencies and the other IOs in general to the need to address specific situations and issues. In this regard they have a role in providing early warning and encouraging preventive measures; Advocate on behalf of the victims of violations through measures such as requesting urgent action by relevant states and calling upon governments to respond to specific allegations of human rights violations and provide redress; Activate and mobilize the international and national communities to address particular human rights issues and to encourage cooperation among governments, civil society and intergovernmental organizations.
The international organizations cover the three main fields of international relations: 1. Security aspect 2. Economic aspect 3. Humanitarian aspect
Security aspect
International cooperation is essential to preserve peace and promote security, prosperity and justice throughout the world. Major issues like environmental protection, the war on drugs, gender equality, food security and curbing population growth cannot be resolved at local or regional level, but require a global approach. Speaking about the role of the international organizations after the WWII and their role in the diplomacy, the Security Council was always the starting point from where the analysis can be developed or criticized. Without being vague and imprecise, this essay will not spent the words in general info on what IOs means, their robust undertakings, how many employees they have, benefits they enjoy, and why they are inevitable in the era of globalization. Absolutely, these facts are indisputable. This essay will try to concentrate its focus in the infertility of the IOs, the selfishness of the power nations in the likes of member states as well as to point out the weaknesses and the mistakes of the IOs that will emphasize the need of change in the most vital components of one IOs, in particularly in the processes of decision making. Lets start this point with the UN Security Council. The Security Council resolutions (example: 2013 resolutions and Resolution 2095 - Libya) say that the
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member states are supposed to act only to protect civilians and yet to anticipate the use of force and also the resolutions forbids military occupation. Therefore, how we can distinguish and determine how far we can go when protecting civilians, so the resolution itself offers compromises, divisions among NATO what is meant, what kind of force will be used, the extent of force, who is responsible, when does it end, do the international community agrees the leader of the state subject of the resolution to remain on power or not. These facts, the clearness and direct determination of the Resolutions of the IOs, in this case UN is vital to achieve the fundaments of future global rule of law when talking about the role of IOs. Therefore, the citizens of the member states are expecting a lot from the people who authorize the use of force in regard of the security aspect of the IOs. Being focused on the security aspect and the decision making role of the IOs, it is worth to comment that it used to be that the states and the IOs were the only actors engaged in international law making or norm making. Nowadays the picture is much more complicated since the states are primary law makers for themselves and their own peoples, the IOs remains second the most important but now there are many more players in the arena of the international diplomacy. Multinational corporations, international judges individually belong to this group, and even individuals who bring disputes before the International Right Courts can influence the law. Not just by particular treaty but also through the impact of the arbitrational word. All of these new actors are contributing in the international diplomacy in general. International organization is interstate organization under a treaty and their role has to be more powerful in order to deal with the challenges. The role we see today is the role of IOs reaching too many approaches, and it is a mix of different and rather eclectic approaches for exercising both, law-making and policy-making. On the other hand, the global world does not need all powerful and single International Organization in regard to security aspect. There is de facto need for a universal approach in whatever form, either that would be trough universal treaty or series of such treaty, which require an international organization to preside over that treaty. But, more important is the fact that some issues are more regional in focus. For instance, international criminal problems should be resolved on regional level and the state jurisdictions have to be most closely involved in international criminal procedures and investigations. Those nations should ideally be the ones to adjudicate the processes because the closer they watch at the problem, the closer the stated have the impact over the issue. All of these perfectly blend with the global phrase, Think globally-Act locally. So, the tendency nowadays to take everything up to the international level is not a necessarily solution.
Economic aspect
Describing the role of the IOs in managing the international system, we would like to differentiate the Governance from Government. It is well known that the government is nation state that has control over law, use of force within its territory. Due to the fact that there is no world government and we will ever have, therefore when we describe the role of IOs, we have as well to describe the interrelationships among states, international organizations, hybrid institutions, businesses, NGOs and variety of non-state actors that are vastly affecting the
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foreign policy of one state. Exactly this, in the lack of another term is Governance. There is another term, coined by the political scientist as well globalists. That is Global Administrative Law. That is form of regulations that happen across the border but not only the IOs (World Bank, IMF etc.) but also the effects of business regulations, among businesses, private to private regulations that has an impact whether a particular good crosses the border, how internet is governed is something that IOs classically understood therefore besides the role of IOs we have to consider as well the role of the non-state factors, hybrid private institutions who also have governance effect. As corporations become more global in their scope and international trade continues to expand, economies are becoming more and more integrated through trade, global financial exchange, foreign investment, as well as through the movement of people. This important phenomenon requires a greater understanding of the dynamics of global economics and its characteristics. In addition, as trade continues to grow worldwide, global institutions addressing issues such as economic development and trade are also becoming increasingly more important. That is why this economic aspect is one of the three pillars while explaining the role of the international institutions. Because they play a significant role in promoting and supporting global economic development, trade, as well as global financial stability.
Humanitarian aspect
The IOs in this regard are perceived and an arena where it will develop forum for discussion where the violations and problems will be pointed and tackled through the universal and regional instruments for development and promotion of human rights, and using universal and regional tools to protect and control the Human rights. The positive aspect of the IOs is its role as protg of the Humanity Law. Luckily, we are witnessing the rise and development of this Law suggesting that the international judges in ICJ or ad hoc tribunals, human rights bodies, while engaging in cases they increasingly talk to each other in human rights terms so there are increased signs of human rights language in themes and even norms in trade, in investment disputes and in International Criminal Law. But if we deepen the analysis of the IOs in the process of its functionality, it is noticeable that the IOs suffer from the lack of normative and cultural universalities. One of the reasons for this is the so called Western creation that prioritizes the Western agenda which rests essentially on the dialogue between Europe and USA that truncates first of all the universality of the IOs. To this argument there are legitimate and less legitimate approaches. The less legitimate claims are focused on cultural relativism when it comes to basic human rights. Some Asian governments are trading out this idea in order to defend their authoritarian Asian values but on the other hand, we have to accept the fact that much of the International Law including the IOs is a western contrast. In fact, much of the post-decolonization struggle is to try to adopt structure that were formed at the time when US, Russia, France and Britain were basically drafting this instruments to a world in which those are not necessarily the dominant powers. This remains an ongoing project where EU and USA have
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the crucial role in IOs and they try to make the system of IOs more representative, but for the own interest only. In regard to the humanitarian aspects and the contribution of the IOs in bettering the overall global functionality, the rudimental approach would be to internationalize the international law. To achieve this would probably demand a lot of struggle due to language and resources constrains. The Laws that we learn and teach nowadays is not the Law which in fact exists. The international law strives to trickle down in the national law orders but in order to achieve complementary results of the IOs productivity from the humanitarian aspect, the states need to be interested and strive how to trickle up the law. In other words, each countrys adaptation of the international law will have to influence the international law itself, especially if the country is powerful enough to excerpt a view like the USA have excerpted its own views on use of force. The IOs has the responsibility to use appropriate diplomatic, humanitarian and other peaceful means, in accordance with Chapters VI and VIII of the UN charter, to help protect populations from genocide, war, crimes, ethnic cleansing and crimes against humanity. In this context, IOs are prepared to take collective action, in a timely and decisive manner, through the Security Council, in accordance with the charter, including chapter VII, on a case-by-case basis and in cooperation with relevant regional organizations as appropriate, should peaceful means be inadequate and national authorities are manifestly failing to protect their populations from genocide, war crimes, ethnic cleansing and crimes against humanity.
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whether they are willing to integrate into the current order (or create a new one). We then move on to question whether IOs, as currently constituted, are indeed bound to fail in a world of shifting power dynamics. Finally, the remainder of the dossier looks at case studies; specifically, the studies look at how the UN, the WTO, and NATO are coping with (or not) a changing political and economic international landscape. The challenge to security and peace is the concept of human security itself. The last decade has seen all types of debates. These are best described as questions, for example, Should the international system be based on states or on nations? Should security come first or should development come first? Are the poor a problem to security? Should individuals or states be the centre for international action? Should territorial integrity and sovereignty prime over the security of individuals? What is the legitimacy of international action in favor of individuals?
The debate can almost be reduced to one simple proposition looking at people from the orbit of Human Rights or looking at people from the orbit of peace, security and stability? This is a debate that has not been concluded nor, in many cases, adequately defined. Yet the reach of this challenge is such that it can affect the most basic of agreed international principles, such as the Charter of the United Nations itself. No state has the power nor the willingness to force the debate to its natural conclusions, and yet until this is defined and agreed upon, almost all issues affecting international peace and security are subject to being high-jacked by it or be held hostage to it. Similarly, no long term sustainable action that will transform our societies to improve the lot of the common man and his/her ability to prosper in peace can be found.
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Conclusion
The study in IOs should not be confused with its celebration. The honest scholars have to look in the phenomenon of the IOs without blinkers and to try to appreciate the pros and cons, because only then, you are credible and in position to provide prescriptions. When pointing out the critiques of the International organization, they derive from three layers: 1. Horizontal critiques 2. Vertical critiques 3. Ideological critiques 1. Horizontal critiques. On the horizontal level the accusations say that although the IOs are premised on sovereign and equality, they really dont respect it. One fact and example supporting this claim is particularly the UN Security Council where all UN member states are not given equal chance to decide on vital issues. Even in the
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International Courts, where there is proposition of equality, the richer states are likely to be better legally advised. There is North-South perception of the role of the IOs. In the global South there is perception that the IOs and their inspire to universal participation in the IOs is still a toll for hegemonic power 2. Vertical critiques. The vertical critiques are becoming louder due to the fact that the IOs are vertically disconnected. What we have is the Law imposed from above that is very different in terms of democratic legitimacy of law imposed from states themselves that grow out of the democratic process. So, there is a perception that what happens in the IOs stays in the IOs (What happens in Vegas stays in Vegas), what in other words means that the IOs dont pervade domestically like they should, because from one reason or other the Law of IOs are not regarded as legitimate laws of the national legislators decide that they have to change something within the state law because that is their right. Therefore, these allegations say that there is a vertical disconnect from the top-down. 3. Ideological critiques. These critiques say that the IOs are pursuing ideology whether is cultural, economic or other ideology that some states prefer over others. The most evident example that supports this thesis is from the 1990s when the IMF was pursuing the Washington consensus approach to how the States should govern themselves, especially economically. There was a notion that what all of these IOs are pursuing deregulation, protection of property and that the Governments would do better by doing less and letting the market to rule. This consensus approach created some controversial disputes which accused this approach as completely wrong, that there is no single model for economic development to rely on, but there are many ways to get economically developed. Hence, the IOs intention for pushing the Washington consensus approach to structurally adjust the economies of the states and one model was completely wrong. One of the characteristics of this era of the International Organizations is the accountability era. We all now live in the second generations questions and doubts about the IOs. Now we enter in the era of criticism of these organizations and how do we engage in try to fix them. One of them is to open them up, beyond states.
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scene some delegations of regional groups or regional entities will necessarily be expected to take on more things. This claim is going back to the thesis that the regions should have more control over regional affairs. This would be a result and response to trans-civilizational perspectives and this would be the result of the idea that the Law looks different in the different parts of the world. The future of the IOs has to be focused on the consolidation, delegation and abovementioned diversification since the world are in continuous mode of international adjudication. Therefore the scientists engaged in the structures of the IOs are entering the phase in experimentation with different form of this international adjudication. For instance, if we look at the international criminal law system we will see that more experimentation will come overtime. As a result of that experimentation, ad-hoc tribunals were created, then experiments with hybrid tribunals that look different from one another, then the Lebanon tribunals although it was not the same as the previous ones, because it consisted a lot of national law in it. Then the Truth Commissions appeared as a good idea, because it was realized that the Courts have not capacity to do everything. The South Africa reconciliation approach as well was a good idea in this sense, and at the end, the International Criminal Court for which it is increasingly clear that can handle every issue of mass atrocities on the planet. To that extend, we can expect consolidation in some areas but in the area of global justice we might have continued proliferation. From the other side, we cannot expect consolidation between the trade and investment regime, so the fragmentation will continue in trade and in the investment regime where we might have a regional body (particularly in the region of Balkan) resolving regional investment disputes. So, in the near future we will witness more of experimentation affecting the structures of IOs with the risk/benefits of fragmentation witch becomes more and more supported by some state actors who would preferably express their notions through fragmented structures rather than sending it to the robust core of the IOs structure. To sum-up, the future of the IOs lies in the regional organizations under the umbrella of the globalization trends and globalism in general. It can be achieved through truncating the power of the centralized and robust headquarters of the international organizations and their fragmenting in the regions based on the previously assessed politico-military, economical or human right needs. Then, launching regional satellites-organizations that will derive from the particular IOs, again based on the nature of the issue. These regional organizations will provide more effective activities and first hand analysis, advices, early-warning, alerting, advocating and activation. The regional approach as a future of the IOs will provide and improve the regional concept of human right protection, it will offer much clearer pictures about the overall situation that will be easier to understand the needs that will effectuate faster reaction.
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References:
1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. http://www.ilo.org/global/about-the-ilo/history/lang--en/index.htm http://www.britannica.com/EBchecked/topic/265375/high-seas http://www.un.org/en/documents/charter/ http://www.johndclare.net/league_of_nations6_news.htm http://tgrule.com/new-world-order/kofi-annan/ http://www.bibliotecapleyades.net/sociopolitica/esp_sociopol_nwo72.htm http://www.un.org/en/documents/charter/chapter7.shtml http://en.wikipedia.org/wiki/Somali_Civil_War http://www.un.org/en/ga/search/view_doc.asp?symbol=S/RES/2095(2013) http://www.iilj.org/gal/GALworkingdefinition.asp http://en.wikipedia.org/wiki/Washington_Consensus http://www.amnesty.org/en/international-justice/issues/truth-commissions http://en.wikipedia.org/wiki/Truth_and_Reconciliation_Commission_(South_Africa) http://www.stl-tsl.org/ http://www.government.nl/issues/international-organisations http://www.loc.gov/rr/business/BERA/issue7/organizations.html
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