UN Flashcards

1
Q

headquarters UN

A

New York

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2
Q

members UN

A

193 countries

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3
Q

mandate UN

A

to end international war, and to promote social and economic development

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4
Q

key structure UN
6

A
  1. UN General Assembly (plenary body)
  2. UN Security Council
  3. Economic and Social Council
  4. International Court of Justice
  5. Maribund Trusteeship Council
  6. Secretariat (with Secretary-General)
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5
Q

key obligations to the UN

A
  • give up the use of force except for self-defense
  • must carry out SC decisions
  • can conclude no treaty that contradicts the UN Charter
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6
Q

UN as forum, actor and resource

A

FORUM: annual meetings of the UNGA
ACTOR: issues statements and resolutions
RESOURCE: resolutions are symbolic resources with which states/actors can influence global perception of the issues that interest them

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7
Q

UN Charter

A
  • signed in 1945 in San Francisco
  • forms something like a constitution for the international system
  • empowering and constraining on governments
  • principle and practice need to be understood together: interpreting the Charter is important
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8
Q

UN Charter amendment

A
  • art. 108
  • requires approval of the P5 and 2/3 majority in the UNGA
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9
Q

Principle v. Practice of the UN

A

aspirations of the UN often result in compromises between the aspirations and practical reality of power differences and competing views

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10
Q

P5 SC

A

Republic of China, France, the Soviet Union the UK and the US

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11
Q

UN SC members

A

P5
10 rotating with 2 year terms
Rotating members are shared among/by the regional groups:
- African Group 3
- Asia-Pacific Group 2
- Eastern-Europe Group 1
- Latin America and the Carribean Group 2
- Western and Other Group 2

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12
Q

UN SC voting

A
  • P5 have veto powers on everything accept procedural matters
  • 9/15 affirmative votes
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13
Q

Moribund Trusteeship Council

A

supervising any people and territories that have been placed under trusteeship with the UN (colonial undertone)

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14
Q

UN Obligations under the Charter

A
  • Art. 2 limits the UN’s power by recognizing domestic domain of states (non-intervention on ‘‘essentially domestic’’ matters)
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15
Q

peacekeeping

A

negotiated between UN and the state, UN must leave if the state revokes its consent

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16
Q

UN intervention operations / UN peace-enforcement

A

response to a threat to international peace and security by the UNSC

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17
Q

Commitments of states to the UN

A

member-states are committed to obligations of the UN Charter, but also to any new obligations created by UN organs as they carry out their mandates

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18
Q

GA’s limited powers

A

can only make recommendations to states and the Secretary General
only decisive power: UN budget

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19
Q

GA resolution 377 ‘Uniting for Peace’

A
  • 1950
  • GA claims the right to hold special emergency sessions to create peacekeeping missions if the UNSC fails to ensure security and peace
  • argument: SC has primary responsibility to ensure internatinoal peace and security, this implies that there is a ‘‘secondary or subsidiary’’ authority
  • special emergency session has to be called within 24h after the vote of the SC
  • proces: 7 SC (no veto) members have to vote for it, or a simple majority of the UNGA
  • really hard to establish an actual peacekeeping mission: negotinating, legitimating, legally justifying, resourcing, implementing
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20
Q

SC legal authority

A
  • binding on member-states
  • authority to determine what is(n’t) a threat to international peace and security
  • can make new legal obligations on states via resolutions
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21
Q

UNGA meetings

A
  • General Debate in September: all state heads hold speeches
  • regular schedule through the year
  • emergency special sessions
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22
Q

plenary organ

A

organ where everyone can participate (every member is represented)

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23
Q

Structure UN GA

A
  • subsidiary organs (committees that do the work: prepare, read)
  • Councils
  • Joint Inspection Unit
  • UN Dispute Tribunal (administrative)
  • seating arrangement: alphabetically + rotating
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24
Q

Joint Inspection Unit

A

report to the GA, looks at cross-cutting issues and to act as an agent for change across the UN system
+ oversees spenditure

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25
Q

UNGA decision making

A

important issues: 2/3 majority
- incl. peace and security, election of members of the UNSC and ECOSOC, acceptance of new members, suspension of membership, budgetary isses
other issues: simple majority

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26
Q

GA committees
6

A
  1. Disarmament and International Security Committee
  2. Economic and Financial Committee
  3. Social Humanitarian and Cultural Committee
  4. Special Political and Decolonization Committee
  5. Administrative and Budgetary Committee
  6. Legal Committee
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27
Q

function UNGA committees

A

prepare draft statemetns and draft resolutions + report back to the plenary meeting
resolutions are always introduced/altered by the committees before it enters the GA
work focussed on finding compromise

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28
Q

UN budget

A
  • GA decides on general budget
  • seperate budget for peacekeeping missions
  • members pay max. 22% of the total budget
  • 128 least paying countries together pay 1.3% of the budget -> technically this is a 2/3 majority -> poorest countries could decide on the entire budget -> unsettlement among richer countries -> 1986 informal agreement
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29
Q

1986 informal agreement on consensus about the budget

A

ACABQ proposal -> 5th Committee (2 readings) -> UNGA Plenary decision

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30
Q

ACABQ

A

Advisory Committee on Administrative and Budgetary Questions

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31
Q

‘nuclear option’ UN budget

A

if member-states are more than 2 years behind on their payment, they shall have no vote in the UNGA (this article is rarely invoked)

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32
Q

France and SU on the peacekeeping missions in the Middle East and Congo

A

found them outside of the UNGA’s jurisdiction -> refused to pay costs as it weren’t legitimate expences of the UN

*meant they could lose their vote in the UNGA, but the UNGA decided to operate by consensus rather than by formal votes

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33
Q

UN Membership procedure

A
  1. Formal application by state
  2. Secretary-General
  3. UNSC: 9/15 (P5 can veto)
  4. UNGA: 2/3
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34
Q

Different types of UN membership

A

decided upon by the UNGA
- Member States (193)
- Non-member observers (Holy See and Palestine), have the right to speak and vote on procedural matters
- IGOs with observer status (e.g. AU, OAS, League of Arab States)
- Enhanced observer status (specific rights of the EU since 2011: submit and amend proposals, circulate documents)

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35
Q

CASE: membership request by Palestine

A

1974 non-state observer status
2011 request full membership
- vetoed by US
Palestine did get membership in UNESCO (US left) and the ICC (2014)
2012: request for observer status accepted by the UNGA

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36
Q

UN Regional Grouping System goal

A

coordination among states (time consuming to let everyone speak)

!it has grown: influence on the election of the Secretary-General: every elections another group puts forward another candidate

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37
Q

Regional Groups UN
5

A
  1. African Group (54 countries)
  2. Asia-Pacific Group (53 countries)
  3. Eastern-Europe Group (23 countries)
  4. Latin America and the Carribean Group (33 countries) = aka GRULAC
  5. Western and Others Group (28 countries) = aka WEOG
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38
Q

UN compliance mainly relies on….

A
  1. interests of states in preserving their reputations
  2. interests of states of maintaining an organization that is broadly useful for them
39
Q

determining compliance

A

is often debatable (depends on interpretation) = recurring problem in international politics

e.g. Cuban missile crisis 1963: lawful arming of self-defence (Cuba) v. illegal provocation (US)

40
Q

Enforcement UN Charter

A

SC: military enforcement
GA: creative, indirect ways to enforce its beliefs
- e.g. can push states, IOs and other actors to take certain actions

41
Q

UN Trusteeship Council

A
  • no mandate anymore
  • predecessor: League of Nations Mandates Commission
  • last territory = Palau (until 1994)
  • hard to remove from the Charter
  • office sometimes used by other organs
  • proposals to give it new tasks
42
Q

League of Nations Mandates Commission

A

predecessor of the UN Trusteeship Council

43
Q

membership ECOSOC

A

-54 members elected for 3 years (every year 1/3 is being replaced)

44
Q

functions ECOSOC

A
  • outreach (economic, social, humanitarian, civil society)
  • coordination (e.g. specialized agencies, NGOs)
  • knowledge production (academics, research)
45
Q

ECOSOC system

A

ECOSOC consists out of multiple commissions, bodies, programmes, agencies etc.

46
Q

2021 High-level Political Forum on Sustainable Development

A

organised by the ECOSOC

47
Q

'’Uniting for Peace’’ in action

A

Peacekeeping operations UNEF1 on Sinai (1956), ONUC mission Congo (1960-1964)

most recent: Ukraine (resolution calling for an end to the war)

48
Q

Alma Ata Agreements

A

states being formed out of the former USSR agreed that Russia is the continuing state of the USSR in the UN

49
Q

Russia’s justification for the military action in Ukraine

A
  • acting at Donetsk’s and Luhansk’s request (Rusia recognizes their statehood) in a form of collective self-defense
  • preventing genocide under Art. 1 of the Genocide Convention
50
Q

What can the UNGA do in an emergency special session?

A
  1. call for an ICJ advisory opinion
  2. allocate funds from the UN budget towards mitigation measures
  3. call for additional funds to be directed towards a specific conflict fund
  4. investigative mechanisms
  5. call for ceasefires and withdrawals
  6. calling upon states to implement sanctions
  7. establishment and deployment of a UN peacekeeping mission
51
Q

Uniting for Peace: Passing the Baton on the Ukraine Invasion fro the SC to the GA

A

Rob McLaughlin and Tamsin Philipa Paige

52
Q

The Emergency Special Session on Ukraine

A

Diego Sanchez Borjas

53
Q

Result GA emergency special session on Ukraine

A

resolution that demands Russia to refrain from unlawful use of force against Ukraine

  • not legally binding
    ‘‘uniting for peace’’ resolutions are seen to have more coercive/forceful nature (e.g. ICJ sees it as more than just declaratory or horatory)
  • falls under important question criterion
  • related to international peace and security, referred by the SC
  • apparent threat to peace or act of aggression
  • normative value in word choice

resolution can bring other states and actors to action

54
Q

Case study: Goldstone Report

A

Human Rights Council asked Richard Goldstone to investigate all violations of international human rights and humanitarian law that might have been committed in the context of the military operations in Ghaza Dec. 2008 - Jan. 2009

Goldstone report found significant evidence of violations of the laws of war by all parties in the conflict

made recommendations:
- begin respecting humanitarian law
- Israel to cease interfering in the politics of the Occupied territories + pay reparations
- UNSC to enforce authority to force Israel to follow international humanitarian law
- ICC: to investiate the possibility of prosecution of those responsibe for war crimes

55
Q

Human Rights Council

A

body of the GA to address human rights violations in UN member states
(47 members)
- 3-year terms secret ballot votes

56
Q

Case: Cholera in Haiti - Who pays?

A

2010 Earthquake in Haiti -> Un sent soldiers -> accidently spread cholera bacteria (they carried with them) along the Artibonite River (latrines of the soldiers didn’t meet building codes) -> cholera epidemic

UN used its political and legal powers to insulate itself in a zone of irresponsibility

2016 UN admitted the disease came from its soldiers + began talking about taking reponsibility

57
Q

'’Zone of irresponsibility’’

A
  • Scott Veitch
  • many IOs (incl. UN) enjoy immunity from all domestic legal actions

positive: protects IOs from interference by local officials
negative: shifts the costs of negligence and bad behavior from the organization to the people it’s supposed to serve

58
Q

UN Specialized agencies

A
  • 15 agencies
  • e.g. WB, IMF, WHO, UNESCO, ILO
  • functional specialization
  • independent IOs
  • financed by assesssed contributions and voluntary contributions
  • created outside or by UN organs
59
Q

UN funds and programmes

A
  • established by UNGA resolution
  • thematic focus/specialization
  • funded almost entirely by voluntary contributions
60
Q

main difference UN Specialized Agencies v. UN funds and programmes

A

specialized agencies have a function specialization + have assessed and voluntary contributions

funds and programmes have a thematic specialization and are almost entirely funded by voluntary contributions

61
Q

UN bureaucracy
name + head, staff and degree of authority

A

UN secretariat
UN Secretary-General

secretariat staff = international civil servants
- independent of member state interest (UN commission research found that EU commissioners did still have some sort of national mindset)
- primary interest to advance the greater common good and to make the IO work

staff hiring: regional distribution as key criteria

degree of authority = supportive OR operational OR decision-making
- depends on the mandate and positions that have been given to the secretariat

62
Q

jus cogens

A

law that binds all states by virtue of their being states, regardless of their consent or opposition

63
Q

UN Secretary General

A

every year another region puts forward a candidate

P5 needs to consent

in practice can serve only two terms (at the end of their second term they tend to be more outspoken: won’t be re-elected anyway)

tasks
- bureaucratic support
- agenda setting (art. 99): bring to the attention of the SC (hasn’t been invoked often, UN SG’s can also do this without invoking the article)

64
Q

Boutros-Boutros Ghali

A

former UN Secretary-General

researched UN’s involvement in peace around the globe -> spurred the UN’s activities: peacekeeping, peacemaking and preventative democracy

introduced peacekeeping missions (not in the charter)

65
Q

UNSC mandate

A

international peace and security (art. 24)

UNSC has decisive authority to impose itself on any country or dispute -> highly constraining on state sovereignty

contradicts an anarchical international system: sovereign states in the UN system accept that the Council has the ultimate legal authority over international peace and security

66
Q

UNSC IO functions

A

forum: high-level negotiations senior diplomats

actor: collective decisions collective opinion, independent of any of its members (if no veto + majority)

tool: states use the decisions and statements of the SC among the raw materials for their foreign policies + they interpret the Charter in certain ways

67
Q

UNSC membership
3

A

15 members
Permanent members: China, Russia, UK and USA

non-permanent members are elected for 2 years (every year 5 rotate)
- based on regional groups

*interesting: western group couldn’t chose between the Netherlands and Italy -> both got 1 year

68
Q

UNSC decision-making
4

A

resolutions are legally binding (art. 25)

9 votes, incl. the P5 is sufficient,
veto doesn’t count in procedural decisions

the UN SC would not been in place had there not been a veto right

new: informal initiative ‘‘responsibility not to vote’’: P5 shouldn’t use their veto for cases of genocide and such

69
Q

UNSC obligations/rights
3

A

the charter gives huge amount of legal autonomy to the SC

UNSC has the authority to decide what is a matter of international peace and security

SC is allowed to establish subsidiary bodies

70
Q

UNSC compliance
4

A

political suasion + threat of military enforcement

huge coercive legal powers are hard to put in practice: lot of controversy and resistance

SC power mostly used as a resource or tool to shift political ground of a dispute among states, in a peace-keeping mode

the SC can rarely achieve goals by itself, it has learned to maximize its influence on other institutions

71
Q

Enforcement powers SC

A

reliant on voluntary contributions
- art. 43 and 45 issue that members need to make some military forces available, but these clauses have never been enacted

rarely uses its strong enforcement mechanisms

Chapter 7 of the Charter
- sanctions: not involving use of force (art. 41) can be comprehensive or can be smart/targeted
- art. 42: action by air, sea, or land forces, incl. peace enforcement

72
Q

Chapter 6.5 of the Charter

A

between peacekeeping and peace-enforcement

often hard to separate

73
Q

Example dangerous to blur peace keeping and peace enforcement

A

Somalia operations 1992-1994 : peacekeeping mission -> US and UN forces saw that local militias were impeding aid -> started fighting the militias -> made the original humanitarian mission impossible

74
Q

peace-enforcement

A

coercive invasions of countries by UN-authorized force, intent on eliminating a threat to international peace and security

authorized to wage war to accomplish the political goals set out by the SC

Chapter 7

peace-enforcement missions are rare

75
Q

examples UN peace-enforcement missions

A
  • 1991 mission to force Iraq from Kuwait (Iraq usurped the authority of the legitimate government of Kuwait = threat to international peace and security)
  • 2011 mission to protect the Libyan population against the depredations of its government (dictatorship Qaddafi threatened to massacre in the city of Benghazi + use military force to defeat political opposition)
    became a hybrid war, inter-state war and UN-peacekeeping mission
    Qaddafi killed in late October 2011 by anti-government forces
    *example of R2P norm
76
Q

peacekeeping missions

A

non-coercive

state consent guarantees that the UN doesn’t intervene with domestic jurisdiction

national contingents wearing blue helmets (no standing army + states want to maintain command over the troop (sovereignty concerns))

protection of civilians norm: the UN should be able to protect/shelter individuals in danger in a peacekeeping mission

77
Q

triangle of UN peacekeeping missions

A

host consent
non-use of force (except for self-defense)
impartiality

78
Q

history peacekeeping missions

A

Boutros-Ghali: Agenda for Peace 1992 = defining peacekeeping missions

mandate = prevention of war and making of peace -> multi-dimensional (support organization of elections, DDR and SSR, promote human rights, restore rule of law)

79
Q

peacekeeping DDR and SSR

A

DDR = Disarmament, demobilization, reintegration of former combatants

SSR = security sector reform

80
Q

UN peacekeeping those who play and those who pay

A

countries that pay for peacekeeping don’t often send troops for peacekeeping missions

some countries wouldn’t be able to sustain their army in the same way if they weren’t contributing to the UN

this debate (paying v. playing) is the origin of the separate budget of peacekeeping missions

81
Q

challenge for peacekeeping missions

A

there are more and more intrastate conflicts, it is hard to establish peacekeeping missions (international vs. sovereignty)

82
Q

R2P

A

norm of responsibility to protect (react, and rebuild)

2005 World Summit

still, nothing can happen without UNSC authorization

!! first step/obligation of R2P is that governments protect their own civilians, only if this first step of R2P has failed, there can be interference

83
Q

UNSC case: Rwanda

A

1994

government organized and encouraged mass killings (Tutsi, Hutus) as a tool to tighten its power

UNAMIR peacekeeping mission: powers negotiated between UN, Rwandan government and the RPF (Rwandan Patriotic Front, who wanted to overthrow the government)

Genocide began in 1994: peacekeeping mission couldn’t intervene

UNSC didn’t intervene because it was a domestic matter (disaster in Somalia (peacekeeping-> peace-enforcement) played a role in this decision)

increasing refugee flows out of Rwanda were seen as a threat to international peace and security -> SC intervention

peace-enforcement mission UNAMIR-II came too late (lack of contributors): genocide was over: RPF had overthrown the government

84
Q

UNSC Case Darfur

A

1990s and 2000s

Sudanese government organized/encouraged attacks on the people in the Darfur region in the west of Sudan

2007 hybrid peace operation
- peacekeeping: support of the Sudanese government + support political reconciliation negotiated by the AU in the Darfur Peace Agreement
- peace-enforcement: violence more broadly in defense of the goals of the mission itself and protection of civilians

*Sudan insisted on an ‘‘African’’ mission rather than an international one

85
Q

UNSC case Syria

A

2010s

people’s revolution against dictatorship President Bashar al-Assad -> violence by the government

US started openly bombing ISIS that took over areas were the government retreated

Russia supported Assad by attacking rebel forces in 2015

SC has issued may cases,, but hasn’t used it’s enforcement powers because of disagreements in the P5:
- Russia supports Assad
- France, US, UK want him overthrown

86
Q

concerns UNSC -> debate about reform of the UN

5

A
  • legitimacy/representation concerns
  • effectiveness concern
  • participation: P5 great power in agenda and policy + SC hard to reach for NGOs and delegations
  • decision-making: vast power of the P5 impedes actions that would support the UN Charter

discrepancy of countries financing and fighting: fighting countries should get more influence

87
Q

last reform UN SC

A

1965

extended membership from 11 to 15

88
Q

conditions for UNSC reform

A

Art. 108 Charter: 2/3 majority UNGA (incl. P5 of the SC)

P5 will never agree with big changes
*P5 should bear in mind that the SC is only useful to them as long as UN member states see them as legitimate and are willing to heed its actions

89
Q

wishes for UNSC reform

A

abolishment P5 veto

expanding
- competition for permanent seats: G4 (Germany, India, Japan and Brazil) + uniting for consensus (aka coffee club): Italy, Spain, Pakistan, South Korea, Argentina

90
Q

possible realistic reforms

A
  • expanding UNSC non-permanent members ~20
  • equitable geographical representation (payers and players)
  • more transparency
  • less vetoes (responsibility not to veto)
91
Q

responsibility not to veto

A

initiative to abstain from using veto powers in cases of mass atrocities (crimes against humanity etc.)

92
Q

G4

A

Germany, India, Japan and Brazil

93
Q

Uniting for Consensus / Coffee club

A

Italy, Spain, Pakistan, South Korea, Argentina