The Role of International Organizations in The Protection of International Law

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The role of International organizations in the

protection of Norms of international law.

International law (or Law of Nations) consists of rules and principles governing the relations
and dealings of nations with each other, as well as the relations between states and
individuals i.e., Pakistan rekodiq case and relations between international organizations. 
 International law supports order in the world and the attainment of humanity's
fundamental goals of advancing peace, prosperity, human rights, and environmental
protection. Yet, there have been voices for centuries attacking international law in order to
promote the dominance or hegemony of a single nation.
Public international law concerns itself only with questions of rights between several
nations or nations and the citizens or subjects of other nations.
In contrast, private international law deals with controversies between private persons.
These controversies arise out of situations which have a significant relationship to multiple
nations. In recent years the line between public and private international law has became
increasingly uncertain. Issues of private international law may also implicate issues of public
international law, and many matters of private international law have substantial international
significance.

Domains of International Law:


International Law includes the basic, classic concepts of law in national legal systems (i.e.,
statutes, property law, tort law, etc).
The following are major substantive fields of international law:

 International Economic Law


 International Security Law
 International Environmental law
 Diplomatic law
 International Humanitarian Law, A.K.A. law of war.
 International Human Rights Law

Sources of International Law:


Customary law and conventional law are primary sources of international law.
Customary international law results when states follow certain practices generally and
consistently out of a sense of legal obligation. Recently the customary law was codified in
the Vienna Convention on the Law of Treaties.
Conventional international law is derived from international conventions and may take any
form that the contracting parties agree upon. These contracting parties, however, may not
violate the rules of international law.
General principles which are common to systems of national law can be a secondary source
of international law. There are situations where neither conventional nor customary
international law can be applicable. In these cases, a general principle may be invoked as a
rule of international law. 

Subjects of International Law


Traditionally, individual countries were the main subjects of international law.  Increasingly,
individuals and non-state international organizations have also become subject to
international regulation.  

Relationship of International Organizations and


International Law:

We are living in a Globalized world, where almost each and every State is dependent on
each other. We, do have government bodies within the state, in order to maintain the law
and order. But when it comes to a globalized world, where each and every state is
dependent on each other, there was no such Laws of Nation to regulate the World order.
This absence of law and order resulted into absolute chaos hence pushing the World-order
into turmoil which resulted into the world war-1 and World War-2.
Hence, through a detail history of treaties and states agreements, from the time of European
renaissance to the treaty of Westphalia, the sovereign nations have come up with the
international law to regulate the World order to avoid international conflicts.
Now with the invent of Contemporary international law, the world needed some International
governing bodies to enforce and regulate the Public International law (Law of Nations). So,
this give rise to the International Organizations such as U.N, ICJ, WTO, WHO etc. who’s
primary goal is to maintain the World-order by enforcing and regulating the international law
among Nation-states.

The United-Nations Charter role in Implementing International Law


The United Nations (UN) was founded in 1945 after World War II and since then has
been working towards promoting peace and security around the world. The UN has 193
member states. The UN's primary goals are to promote global cooperation and prevent
war.

The International Labour Organization (ILO) is a specialized agency of the United


Nations. Its mission is to achieve decent work for all. ILO works to improve wages and
working conditions throughout the world. It does this by setting standards and providing
technical assistance to governments.

The Food and Agriculture Organization (FAO) is a specialized organization of the


United Nations. FAO's mission is to ensure adequate food supplies worldwide. It
accomplishes this goal by helping developing countries increase their agricultural
production.

The World Health Organization (WHO) is an independent intergovernmental


organization whose mission is to provide leadership in preventing ill-health, ensuring
access to quality healthcare, and supporting health research. WHO was established in
1948 and currently has 194 member states.

-The World Trade Organization (WTO) is a trade policy organization that was formed
in 1994. Its purpose is to reduce barriers to free trade in goods and services between
nations. The WTO sets rules for trade among members and monitors compliance.

The World Intellectual Property Organization (WIPO) is a specialized United Nations


agency that promotes intellectual property rights. WIPO's mission is to protect
intellectual property rights, encourage technological innovation, and facilitate access to
knowledge.

The World Meteorological Organization (WMO) is a specialized agency under the


United Nations responsible for weather forecasting and climate change. WMO was
created in 1873 and currently has 192 member states.

The United Nations Educational, Scientific and Cultural Organization (UNESCO) is


a specialized agency that promotes education, science, culture, and heritage. UNESCO
was founded in 1946 and currently has 183 member states.

The International Atomic Energy Agency (IAEA) is a specialized agency within the
United Nations that promotes peaceful use of atomic energy. IAEA was founded in 1957
and currently has 185 member states.

The Universal Postal Union (UPU) is a specialized agency in the United Nations that
facilitates mail service between countries. UPU was founded in 1874 and currently has
179 member states.

The Convention on Biological Diversity (CBD) is a treaty signed in 1992 by 196


parties. CBD's mission is to conserve biodiversity and foster sustainable use of genetic
resources.

The Global Alliance for Vaccines and Immunization (GAVI) is a specialized agency
at the United Nations that provides vaccines to children in developing countries. GAVI
was founded in 2000 and currently has 189 member states.
The Intergovernmental Panel on Climate Change (IPCC) is a scientific body that
assesses information about climate change. IPCC was founded in 1988 and currently
has 195 member states.

The UN charter was adopted on 24 October 1945 at San Francisco. Its preamble states its
purpose as being “to save succeeding generations from the scourge of war” and “to reaffirm
faith in fundamental human rights, in the dignity and worth of the human person, in the equal
rights of men and women and of nations large and small”.

Article 1(1) provides that the Organization shall have as its purposes “to achieve
international co-operation in solving international problems of an economic, social, cultural,
or humanitarian character; and in promoting and encouraging respect for human rights and
for fundamental freedoms for all without distinction as to race, sex, language, or religion”.

Article 2(1) provides that “All Members shall settle their disputes by peaceful means in such
a manner that international peace and security, and justice, are not endangered”.

Article 2 (2) provides that “Nothing contained in the present Charter shall authorize the
United Nations to intervene in matters which are essentially within the domestic jurisdiction
of any state”.

Article 2.1(b) provides that “nothing in the present Charter shall impair the inherent right of
individual or collective self-defence if an armed attack occurs against a Member of the
United Nations”.

Article 2. (c) provides that “a threat or use of force contrary to the provisions of the Charter is
unlawful”. Article 2:(d) provides that “any State may take part in the exercise of the rights
recognized in paragraph 2 of this article through appropriate organs established by its own
choice”.

Article 2: (e) provides that “no State Party to the present Charter, having become a party
thereto after the entry into force of the present Charter, shall seek to alter the terms of the
present Charter in any way whatsoever”.

Article 2-(f) provides that “the Security Council shall determine the existence of any threat to
the peace, breach of the peace, or act of aggression and shall make recommendations, or
decide what measures shall be taken in accordance with Articles 41 and 42, to maintain or
restore international peace and security”.

Article 2- (g) provides that “in case of conflict between members of the United Nations, each
member shall act in accordance with the principles set forth in the present Charter”.

Article 2-.1(h) provides that “if any provision of the present Charter or the interpretation
thereof shall be inconsistent with the obligations assumed by a given State under any
agreement entered into before the coming into force of the present Treaty, that provision
shall prevail”.

Article 2.-1(i) provides that “all Members shall refrain in their international relations from the
threat or use of force against the territorial integrity or political independence of any state, or
in any other manner inconsistent with the Purposes of the United Nations’”.

Article 2:-1(j) provides that “States Parties to the present Charter undertake to comply with
the following Principles: (i) Non-use of Force. All States have the duty to refrain from the
threat or use or resort to force against the territorial integrity and political independence of
any state”

The United Nations Charter (UNC) purpose was to create a system of international
cooperation based on respect for national sovereignty and independence, collective security,
economic interdependence, and universal human rights. The UNC established the United
Nations Security Council (UNSC), which consists of five permanent members and ten non-
permanent members elected for two-year terms. The UNSC is responsible for maintaining
international peace and security.

Article 2(4) of the UNC states that “All Members shall settle their international disputes by
peaceful means in such a manner that international peace and security, and justice, are not
endangered”.
Article 51(5) of the UNC states “Nothing in the present Charter shall impair the inherent right
of individual or collective self-defense if an armed attack occurs against a Member of the
United Nations, until the Security Council has taken the measures necessary to maintain
international peace and security. Measures taken pursuant to this provision may be
undertaken regardless of whether or not the Security Council has determined the existence
of an armed attack and issued its determination”.
In addition, Article 36(1)(b) of the UNC states: “Any State Party to the Covenant undertakes
to comply fully with all the provisions of the Covenant and any decision of the Security
Council concerning the interpretation or application of the Covenant shall be binding upon
such State Party”.

1. Article 2(7) of the United Nations Charter states that “Nothing contained in the present
Charter shall authorize the United Nations to intervene in matters which are essentially
within the domestic jurisdiction of any state”.
2. Article 51 of the UN charter states that “nothing in the present Charter shall impair the
inherent right of individual or collective self-defense if an armed attack occurs against a
Member of the United Nations, until the Security Council has taken measures necessary to
maintain international peace and security”.
3. Article 52 of the UN charter states “The Security Council may decide what measures not
involving the use of armed force are to be employed to give effect to its decisions…”
4. Article 53 of the UN charter states, “When the Security Council decides upon the
adoption of any such measures, it shall immediately inform the Members concerned and
invite them to express their views, without delay, on the question whether the proposed
action should be implemented.”
5. Article 54 of the UN charter states: “Any decision concerning the application of economic
sanctions under Chapter VII of the Charter shall be adopted by a majority of the members of
the Security Council and shall become effective when notified to the President of the
General Assembly. Such notification shall specify the names of the States concerned and
the reasons for the imposition of the sanctions.”
6. Article 55 of the UN charter states; “All Members shall refrain in their international
relations from the threat or use of force against the territorial integrity or political
independence of any State, or in any other manner inconsistent with the Purposes of the
United Nations.”
7. Article 56 of the UN charter states: “Nothing in the present Charter shall authorise the
United Nations to intervene...in matters which are essentially within domestic jurisdiction of
any member of the United Nations. Nothing in the present Charter shall prejudice the rights
and obligations of any State under the Charter of the United Nations as they derive from
treaties concluded between it and third parties.”

8. Article 57 of the UN charter states; “Nothing in the foregoing provisions of the present
Charter shall affect existing rights and obligations of any party thereto.”

9. Article 58 of the UN charter states, “The Security Council shall determine the existence of
any threat to the peace, breach of the peace, or act of aggression and shall make
recommendations, or decide what measures shall be taken in accordance

UN Convention Against Drug Trafficking across the States


The United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic
Substances (UN Convention) was adopted in 1988. The UN Convention provides a legal
framework for international cooperation in combating drug trafficking and its negative
consequences.

Article 2(a) states that “trafficking in narcotic drugs and psychotropic substances constitutes
a serious threat to public health and safety”. Article 4(b) stipulates that “States parties shall
take appropriate measures to prevent the illicit traffic in narcotic drugs and/or psychotropic
substances”. In addition, article 5(c) requires States parties to cooperate with each other in
order to combat the illicit traffic in narcotice drugs and psychotropic substances.
Article 6(d) of the UN Convention states that “states parties shall adopt effective legislative,
administrative, judicial and other measures to prevent the illicit trade in narcotic drugs and
/or psychotropic substances. Furthermore, article 8(e) of the UN Convention mandates that
‘States Parties shall ensure that their laws provide adequate penalties for offences
committed under their jurisdiction’.

 InternationalCourt of Justice (ICJ) role in Impelemnting


International Law

The ICJ was established in 1945 under the Charter of the United Nations. Its primary
function is to settle disputes between states. It does not have any enforcement powers.
In addition, its decisions are non-binding. The ICJ's jurisdiction extends to cases
concerning the interpretation of treaties and customary international law.

The ICJ purpose is to settle disputes between states. The ICJ is composed of judges
elected by the UN General Assembly. The ICJ's decisions are final and binding. The ICJ
may issue advisory opinions, meaning they do not have the power to enforce their
rulings.

1. ICJ Roles and Responsibilities


The International Court of Justice (ICJ) is the principal judicial organ of the United Nations.
Its primary function is to settle legal disputes submitted to it by States parties to the Charter
of the United Nations. The court was established under Article 96 of the Charter and came
into being on October 1, 1945. The court's jurisdiction extends to any dispute between two or
more states regardless of whether they are members of the UN.

2. ICJ Statute
Article 102(1) of the Statute provides that the Court shall have jurisdiction over any case
brought before it by the Security Council, any State party to the Statute, or any individual
state. In addition, the Court may exercise its own original jurisdiction where a matter falls
within the scope of the Statute.
3. ICJ Jurisdiction
A case is said to fall within the jurisdiction of the Court if it involves a dispute between two or
more countries, or a dispute involving a country and a non-state actor. A dispute is defined
as a question concerning the interpretation or application of the Charter of the United Nation
or of the General Assembly's resolutions.
4. ICJ Powers
The powers of the Court are set out in Articles 36 and 41 of the Statute. Under Article 36,
the Court may render advisory opinions upon request of the Security Council or any member
thereof. Such requests are addressed to the President of the Court who then forwards them
to the judges of the Court. Under Article 41, the Court may issue binding judgments on the
merits of cases before it.
5. ICJ Procedures
Under Article 47 of the Statute, the Court may conduct proceedings either informally or
formally. Informal procedures involve the exchange of written communications between the
parties to the dispute. Formal procedures require the submission of pleadings and evidence
to the Court. The Court may hold hearings and receive oral submissions from the parties.
6. ICJ Decisions
Decisions of the Court are rendered by majority vote of the judges present at the time of
hearing. If no judge is present, the decision is taken by secret ballot. The Court may adopt
rules governing the procedure of the Court. These rules may provide for the appointment of
special judges, the designation of certain matters as urgent, and the setting aside of
deadlines.

7. ICJ Opinions
Opinions of the Court are published in the Official Records of the United Nations. They are
not legally binding, although they carry great weight in international law. An opinion is
generally considered authoritative only insofar as it reflects the views of the majority of the
judges.

Conclusion:

Hence, International Law or law of nations is a set of rules that govern the relationship
between states, Individual and International Organization.
Whereas the international organization like UN, WTO, ICJ, WHO etc. assist in enforcing and
regulating the international law among International State-Actors.
A major difference between 19th- and 21st-century international law is the prominent
position now occupied by international organizations. The size and scope of international
organizations vary. They may be bilateral, subregional, regional, or global, and they may
address relatively narrow or very broad concerns. The powers and duties allocated to
international organizations also differ widely. Some international organizations are legally
recognized as international actors—and thus are liable for breaches of international legal
obligations—while others are not.

Since the end of World War II, the leading international organization has been the UN.
Although the General Assembly may pass only nonbinding resolutions, the Security
Council can authorize the use of force if there is a threat to or a breach of international
peace and security or an act of aggression. Since the end of the Cold War, the council has
extended the definition of a threat to or a breach of international peace and security
to encompass not only international conflicts but also internal conflicts (e.g., in Yugoslavia,
Somalia, Liberia, and Rwanda) and even the overthrow of a democratic government and
subsequent upheavals and refugee movements (e.g., in Haiti).

Other international organizations have developed significant roles in international relations.


They include the World Bank, which provides aid to promote economic development,
the International Monetary Fund, which helps countries manage their balance-of-
payments problems, and the WTO, which supervises and regulates international trade.
Regional organizations and agreements, such as the EU and the North American Free
Trade Agreement between Canada, Mexico, and the United States, govern areas that
traditionally have fallen within the domestic jurisdiction of states (e.g., trade,
the environment, and labour standards). At the beginning of the 21st century, it was
apparent that individuals and international organizations would play an increasingly vital role.

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