International Organizations and International Law - Article Example

INTERNATIONAL ORGANIZATIONS AND INTERNATIONAL LAW Name Course: Tutor: Date Introduction International organization is part of people’s lives the world over. Intergovernmental organizations secure nations from harm and control trade. Non-governmental organizations aid in disaster eradication, advocates for environmental conservation, and support policy change for areas that are unknown to lawmakers and general public. This paper seeks to discuss the role of international organizations in development and enforcement of International law. Role of International organizations Non-governmental organization (NGO) basically assists in the creation of international law due to their ability to mobilize public media and media support for their agenda items. Since NGOs use much of their time in research for specialized issues, politicians in London, Paris, and Washing ton DC believe them almost implicitly on the issues and often they do not bother to seek outside opinions or even to research for facts involved. Intergovernmental organizations (IGOs) like the UN, the ICC, and the WTO serve as the primary multilateral treaty actors in international law. On top of that, most of these institutions are the foundations for modern global culture that now exists. IGOs also serve as a lasting role because instead of two countries having to open talks or other diplomatic actions, these countries are able to begin diplomacy about an issue immediately. These institutions are a way of reducing security dilemma by providing some manner of open transparency, especially in security institutions, which implies that nations will not be inspired to seek out conflicts or more weapons due to their participation of themselves and their neighbors. These institutions also create fairness among the trading partners and lower that tariffs make foreign goods cheaper allowing for easier transportation. On top of that, IGOs assist in elimination of war, poverty, and other problems. They create forums for discussion and problem solving and avoiding conflicts (Coward, 2007; Kirsch, 2007; Lynch, 2013; Georges, 2011). NGOs reveal human rights violations, environmental concerns such as dumping, slashing and burning of farms and illegal use of the environment. Additionally, they research in specialized areas and provide information about environmental effects of certain projects which helps in formation and enforcement of international law. Intergovernmental organizations are the primary actors in multi-lateral treaties. Trade, world security, and others are managed in organizations such as World Trade Organization and United Nations. Similarly, IGOs are the main modern international law, since they form forums where international law discussion can start and where much of it can be signed. Sanctions of trade and discussions of security take place in the United Nations. These institutions formalize and simplify the democratic process (Kirsch, 2007; Coward, 2007; Lynch, 2013). Enforcement of international Law International law is habitually executed through national lawful schemes and various specialized multinational courts, tribunals, and treaty organizations. The charter United Nations is basically involved in safeguarding of the world peace, as well as different measures of peaceful dispute resolution. These measures involve informal, informal, binding, judicial, and non-binding, diplomatic methods (Blay, 2009; Hurd, 2010). Dispute Resolution Dispute resolution involves the following: a) Negotiation- it is concerned with debate of matters between two members, without including a third party. Some organizational debates occur for nations to put up concerns in disputes and dealing with harmonization of policy. b) Inquiry- an inquiry is held if the concerned nations concur to have a third member to determine definite concerns of truth which are related to their disputes. This method may be applied as a reference for prospective negotiation between the parties. c) Mediation and reconciliation- this method involves a third member, and the third member acts as a sincere agent between nations in disputes, through to the creation of a uniting fortitude by an arbitrator. d) Arbitration- is a procedure for disagreement resolution, in which the two members involved in the disagreement concur to put forward a uniting decision by an arbitrator, preserving some measure of control over the selection of the arbitrator, the applicable law and method; e) judicial settlement- this is where the international court of justice (ICJ) make decisions on disagreements between nations. The concerned nations must concur to the court having powers before the case is heard. A nation may make an alternative proclamation by taking to the secretary general a statement that independently agrees to the authority of the court. When the nation has completed that, it allows the authority of the court in disagreements with other nations that have made such a statement. The states in dispute may agree to take a certain dispute to court. A state can consent to court having jurisdiction where another state has unilaterally started an action. An agreement or conference may specify that the court has jurisdiction to decide disagreements about understanding or relevance of the pact. Finally, the court may decline to attend to the dispute, if it chooses that the existence of a third member is significant to victorious decision of the trials (Blay, 2009; Hix & Hyland, 2011). e) Non-binding mechanisms - to supervise the execution of multinational agreement obligations, especially in the human rights, various mechanisms are established including: reporting- where nation parties may be needed to hand in intermittent reports on their home discharge of treaty duties; state complaints- where affiliate nations make complains against other nations; and individual complaints- where various agreements present an way for individuals to find fault about the performance of other nations; and free examination of conformity- where some agreement bestow an autonomous mechanisms to establish conformity with the agreement obligations (Blay, 2009; Hix & Hyland, 2011). Use of Force Despite the fact that the UN charter necessitates every member nation to abstain from use of force against the protective honesty or political freedom of any nation, in any way contradictory to the rationales of the UN, there are exceptional cases: self –defense against harmed attacks; joint security measures authorized by the UN Security Council; and humanitarian intervention to protect human rights, in situations where interceding nation is not implementing self-defense, and there is lack of security council authorization to use force. In unilateral use of force, a nation has a right of individual or joint self-protection if an armed assault arises. This means that the military force is used by one nation against another, or by non-state military collections which are run by one nation and sent to assault another. The nation which is subjected to the attack can call for support from other nations (joint self-protection). Also, collective use of force is used when there is an intimidation to, or a violation of international serenity and protection. The Security Council can enforce non-forceful endorses, or take vigorous actions by authorizing willing nations to use entrusted force on its behalf. The joint vigorous measures are not under the authority of the UN, but of one or more of partaking nations (Blay, 2009; Gardner, 2013). Peacekeeping Operations The UN peacekeeping processes include the employment of armed forces to assist in accomplishment of accords arrived at between the UN and victims to a disagreement. Victims to the disagreement have to concur, and the peacekeeping should be neutral. Peacekeeping operations are under the UN command, under the authority of the Security Council, and it does not involve use of force except for self-defense. It also includes examining end of hostilities, organizing and monitoring elections, supervising armed flows and dismissing troops, overseeing government roles and disarmament, scrutinizing human rights responsibilities, and assisting in liberation of humanitarian assistance (Blay, 2009; Fulton & Burterbaugh, 2007). Conclusion The role of international organization in development and enforcement of international law have been discussed. The aim of the international law is to ensure peaceful coexistence and performance of businesses in the world over. References Blay, S. 2009. International Law, (online). Available at: (Accessed 16 April 2014) Coward, C. 2007. The International Organization. How NGO’s and IGO’s affect the International System. (online). Available at: (Accessed 16 April 2014). Dijk, J. Andromachi, T & Graham, F. International Crime Drop. London. Palgrave Macmillan Publishers. 2012. Print. Fulton, R. & Burterbaugh, K. The WTO Primer. London: Palgrave Macmillan Publishers. 2007. Print. Gardner, H. NATO Expansion and US Strategy in Asia. London: Palgrave Macmillan Publishers. 2013. Print. Hix, S. & Hyland, B. Political system of European Union. London. Palgrave Macmillan Publishers. 2011. Print. Hurd, I. International Organization: Politics,Law,Pracitice.Cambridge: Cambridge University Press. 2010. Print. Georges, H. 2011. International Cooperation in Occupational Health: The Role of international Organizations, (Online) Available at: (Accessed 17 April 2014). Kirsch, P. 2007. The role of International Criminal Court in Enforcing. International Criminal Law, 22(4): 1-6. Lynch, C.M. 2013. United Nations: Development of International Law, (Online) Available at (Accessed 17 April 2014) Read More