Chapter 7

Intergovernmental Organizations, International

Law, and Nongovernmental Organizations
Main Contents:

•IGOs
 UN
 EU
•NGOs
•International Law
Theoretical Perspectives

Realist views of international organization and law:

• They are skeptical about international law
 International law creates some order, and states comply because it is in
the state’s self-interest to comply. It is in the self-interest of states to
have their airspace and territory respected, and to enjoy secure
procedures for international trade.
• They are also skeptical about international organizations, both IGOs
and NGOs.
 Realists do not put much faith in the United Nations and point to
failures of the Security Council to collectively punish aggressors.
 Most NGOs exist at the beck and call of states; it is states that grant
them legal authority, and it is states that can take away that authority.
Liberalism and Constructivism:
• IGOs, NGOs, and International law matter in international politics
The Radical View of International Organization and Law:
• Radicals see contemporary international law as the product of a specific time
and historical process, emerging out of eighteenth-century economic
liberalism and nineteenth-century political liberalism.
 Law primarily comes out of Western capitalist states and is designed to serve
the interests of that constituency, and is biased against socialist states, the
weak, and the unrepresented.
 IGOs, especially the UN and UN agencies, were designed to support the
interests of the powerful. Those institutions have succeeded in sustaining the
powerful elite against the powerless mass of weaker states.
 The lack of representativeness and the lack of accountability of NGOs are
key issues. Most radicals see the world of NGOs based in the North as
dominated by members of the same elite. NGOs are captive to the dominant
interests of that system.
 Contemporary law and international organizations are not the agents of the
political and economic changes that radicals desire.
The Constructivist View of International Organization and Law
• They place critical importance on institutions and norms. Both IGOs
and NGOs can be norm entrepreneurs that socialize and teach states new
norms. These new norms may influence state behavior.
• Law plays a key role in constructivist thinking because it reflects
changing norms. Norms are internalized by states themselves, they
change state preferences, and shape behavior.
IGOs: Various Theories
• Why do states organize collectively?
• The response is found in liberalism ：
Within the framework of institutions, cooperation is possible
• Definition: International agencies or bodies established by
states and controlled by member states that deal with areas of
common interests.
• Functionalism
– War caused by economic deprivation and disparity
– Build and expand habits of cooperation
– Habit of cooperation will spill over into cooperation in
political and military affairs
Functionalism ：
• Functionalism is a theory of international relations that arose during
the inter-War period principally from the strong concern about the
obsolescence of the State as a form of social organization. Rather than
the self-interest of nation-states that realists see as a motivating factor,
functionalists focus on common interests and needs shared by states
(but also by non-state actors) in a process of global integration
triggered by the erosion of state sovereignty and the increasing weight
of knowledge and hence of scientists and experts in the process of
policy-making. Its roots can be traced back to the liberal/idealist
tradition that started with Kant and goes as far as Woodrow Wilson's
"Fourteen Points" speech .
Solutions or strategies of conflict management depend on the
nature of the “good” ：

• 1. “Private goods” are excludable

• 2. “Public goods” are nonexcludable and nonrivalrous
• 3. “Club goods” are excludable and nonrivalrous
• 4. “Common goods” are nonexcludable and rivalrous
The Tragedy of the Commons
• Collective Goods
 Collective goods are available to all members of the
group regardless of individual contributions.
 The use of collective goods involves activities and
choices that are interdependent. Decisions by one states
have effects for other states; that is, states can suffer
unanticipated negative consequences as a result of actions
by others.
 Garrett Hardin, in The Tragedy of the Commons,
proposed several possible pollutions to the tragedy of the
commons:
– Use coercion: force nations and peoples to control the
collective goods.
– Restructure the preferences of states through rewards and
punishments.
– Alter the size of the group.
Roles of IGOs
Roles of IGOs

• IGOs contribute to habits of cooperation; through IGOs, states become

socialized to regular interactions. Such regular interactions occur between
states in the United Nations.
International system:
Some establish regularized processes of information gathering, analysis,
and surveillance.
Some IGOs, such as the World Trade Organization, develop procedures to
make rules, settle disputes, and punish those who fail to follow the rules.
Other IGOs conduct operational activities that help to resolve major
substantive problems
IGOs also play key roles in bargaining, serving as arenas for negotiating
and developing coalitions.
IGOs often spearhead the creation and maintenance of international rules and
principles. They establish expectations about their behavior of other states.
These are known as international regimes.

Charters of IGOs incorporate the norms, rules, and decisionmaking processes

of regimes. IGOs help to reduce the incentive to cheat and enhance the value
of a good reputation.

States:
IGOs enlarge the possibilities for foreign policy making and add to the
constraints under which states operate and especially implement foreign
policy. States join IGOs to use them as instruments of foreign policy.
IGOs also constrain states. They set agendas and force governments to make
decisions; encourage states to develop processes to facilitate IGO
participation, and create norms of behavior with which states must align their
policies if they wish to benefit from their membership.

Individuals:
IGOs affect individuals by providing opportunities for leadership. As
individuals work with or in IGOs, they, like states, may become socialized to
cooperate internationally.
United Nations (UN): Principles
• Sovereign equality among member states; legal equality; one vote per
state in General Assembly
 Yet, veto power among five permanent members of Security
Council (China, France, Russia, UK, US)
 Weighted voting in budget negotiations in WB and IMF

• Only international problems within jurisdiction of UN

 Charter does not authorize intervention in domestic jurisdiction of
any state
 Distinction has weakened over time (due to globalization and
increasing interdependence, issues (e.g., human rights, civil wars)
increasingly viewed as international issues)
• Primary aim to maintain international peace and security
 States should refrain from threat or use of force, settle
disputes peacefully, support enforcement
 Notions of security have moved beyond traditional
realist view (protection of national security) to include
human security, which runs up against state
sovereignty
 United Nations (UN): Structure
• Security Council – responsible for ensuring peace and security and
deciding enforcement measures
 Handicapped by Cold War and use of veto by US and USSR
 More active post-cold war; increasing power relative to Assembly
• General Assembly – debates any topic within charter’s purview; admits
states; elects members to special bodies
 Bulk of work done in 6 committees
• Secretariat (headed by Secretary General) – gathers information;
coordinates and conducts activities (chief administrative officer;
spokesperson)
 Power largely dependent on occupant (influential, activist Kofi
Annan; less so Ban-Ki-Moon)
• Economic and Social Council (ECOSOC) – coordinates economic and
social welfare programs, actions of specialized agencies (WHO,
UNESCO)
• Trusteeship Council – oversaw decolonization processes
• International Court of Justice – noncompulsory jurisdiction on cases
brought by states and international organizations.
 United Nations (UN): Key Issues
• The United Nations played a key role in the decolonization of
Africa and Asia. The UN Charter endorsed the principle of
self-determination for colonial peoples.
• The emergence of new states transformed the United Nations
because of the formation of the Group of 77, pitting the North
against the South. North-South conflict continues to be a
central feature of the United Nations.
• Peacekeeping
 Traditional peacekeeping = primary mode during Cold
War; contain interstate conflict through third-party military
force; prevent escalation; separate warring parties; troops
invited in by disputants; establish buffer zone
 Complex peacekeeping = more recent development, post-
Cold War; response to interstate and intrastate conflicts
(civil wars, ethnonationalist conflicts) in states that have
not requested UN assistance; broad range of military and
non-military functions (nation-building) ; successes
(Namibia) and failures (Rwanda)

• Enforcement and Chapter VII

(US invasion/occupation of Iraq (2003) without UN approval)
• Reform: Success and failures
 Management: the size of the Secretariat has been reduced by
4,000. In the wake of the Oil for Food scandal, new financial
accountability mechanisms have been put in place and internal
oversight has been established.
 Reorganization: The High Commissioner for Human Rights,
Counter-Terrorism Committee, and Department of
Peacekeeping Operations have been restructured for greater
efficiency. In 2006 a Peacebuilding Commission was formed to
address post-conflict recovery.
 Security Council: Most states agree that the council
membership should be increased, but many disagree over how
it should be done, Europe is overrepresented, and Germany and
Japan contribute the most financially. China is the only
developing country. Contending proposals have been discussed
but no agreement reached.
• A Complex Network of Intergovernmental Organizations

 There are 19 specialized agencies formally affiliated with

the United Nations. These organizations have separate
charters, budgets, memberships, and secretariats. They also
focus on different issues. Examples include the World Bank
and Food and Agriculture Organization.
 There are IGOs not affiliated with the United Nations,
including the World Trade Organization and the
Organization of Petroleum Exporting Countries, as well as
regional organizations like the African Union.
“ 第二次世界大战结束后联合国的建立，是一个标志性
的事件。尽管它不断受到大国操纵企图的干扰，联合国作
为多数国家参与和认可的最大的国际组织及国际法制定者，
仍然在顽强地按照自身成长的轨迹艰难前进，努力增强其
不可忽视和替代的道义优势；尤其是冷战结束以来，它不
再只是一个全球性论坛，更越来越像一个衡量各国政策及
行为合法性的标尺，其下属的安理会通过的各种决议，成
为国际社会构筑全球稳定、抗拒侵略行为、增强和平努力
的最重要依据。超级大国美国反复无常的行为（包括对联
合国不时的轻蔑羞辱和背信弃义），以及一些国家无视联
合国警告而采取的危险步骤，并不能改变广泛的共识：在
一个不完美、有严重缺失的世界，没有联合国的存在将更
加槽糕。”
---- 王逸舟
 European Union (EU)
• Premier regional IGO
• EU = union of 27 European states designed originally in the 1950s for
economic integration; has since expanded into a closer political and
economic unit
 500 million people

 EU passport

 13.4 trillion dollar economy

 Many (13) using common currency (euro)

• Ongoing tension within between support for economic and political

cooperation and concern for diminution of national sovereignty
• Principle institutions include European Commission, Council of Ministers,
European Parliament, European Council, Economic and Social
Committee, and European Court of Justice
• Has moved progressively into more policy areas; conflicts have emerged
over foreign policy issues and expansion
• Historical Evolution
1.After World War II, an economically strong Europe (made possible
by a reduction of trade barriers and help from the United States)
knew it would be better equipped to counter the threat of the
Soviet Union if it integrated.
2.The European Coal and Steel Community represented the first step
toward realizing the idea. This became so successful that states
agreed to expand cooperation.
3.Under the European Economic Community, six states agreed to
create a common market—removing restrictions on internal trade,
reducing barriers to movement of people, services, and capital,
and establishing a common agricultural policy.
4.New areas were gradually brought under the umbrella of the
community, including health, safety, and consumer standards.
5.In 1986, the most important step was taken in deepening the
integration process—the signing of the Single European Act
(SEA), which established the goal of completing a single market
by 1992.
6.The Maastricht Treaty was signed in 1992, and the European
Community became the European Union (EU). Members
committed themselves to a political union, including the
establishment of common foreign policies, a single currency,
and regional central bank.
7.The 1997 Amsterdam Treaty put more emphasis on the rights
of individuals, citizenship, and justice.
8.The increased power of the EU has not been without its
opponents. The United Kingdom opted out of the monetary
union, and some Europeans fear a diminution of national
sovereignty and are reluctant to surrender their democratic
rights to nonelected bureaucrats.
9.In 2004, the proposed European Constitution was signed by
members of the heads of state, but both the French and Dutch
electorate rejected the document.
• Structure
1. Power initially resided in the Commission, which is designed
to represent the interests of the community as a whole.
Increasingly, the Council of Ministers, with a weighted voting
system, has assumed more power.
2. The increasing power of the European Parliament is one area
of change. Since the 1980s it has gained a greater legislative
role.
3. The growing power of the European Court of Justice is another
change. The court has the responsibility for interpreting and
enforcing EU law.
• Policies and Problems

1. Among the many controversial issues has been the failed

effort to develop a common European foreign and security
policy. The split between who supported the 2003 Iraq war
and those who opposed it is suggestive.
2. Issue of the movement of persons and all border-management
issues, including illegal immigration and asylum.
3. Issues surrounding widening are equally as problematic.

The answers will not come easily.

• Other Regions Organizations: The OAS, the AU, the League
of Arab States
1.The Organization of American States (OAS) has followed a
different path from that of the EU.
 In 1948 the OAS adopted wide ranging goals: political,
economic, social, and military.
 The OAS not has rules for the protection of democratic
government in the form of rules prohibiting members from
supporting coups in member states.
2.The African Union (AU) replaced the Organization of African
Unity (OAU) in 2002.
 The OAU had been a weak organization as its members were
newly independent states and thus deeply concerned about
questions of sovereignty
 The AU is an attempt to give African states an increased
ability to respond to the issues of economic globalization and
democratization affecting the continent.
 International Law

• International law = body of both rules and norms regulating interactions

among states, between states and IGOs, and among IGOs, states, and
individuals
• Purposes: set body of expectations, provide order, protect status quo,
legitimate use of force by government to maintain order; mechanism for
settling disputes, protecting states from each other; ethical and moral
functions, aims to be fair and equitable and delineate what is socially and
culturally desirable; norms demand obedience and compel behavior
• State level: established structures for making law and enforcing law;
widespread compliance; punishment
• International system: no authoritative structures (no international
executive, legislature, judiciary with compulsory jurisdiction)
 International Law

• Variety of sources
 Custom
 Treaties (dominant source)
Explicitly written agreements among states; legally
binding)
 Authoritative bodies
UN International Law Commission
 Courts
International Court of Justice ： Relatively weak (hears
few cases, noncompulsory jurisdiction; few major cases;
states initiate proceedings)
National and local courts (universal jurisdiction)
 International Law
• Compliance and Enforcement of International Law

Why do most states obey international law most of the time?

▲ Liberal view: it is the right thing to do; states want to do what is right and
moral; international law reflects what is right
– States benefit from doing what is right and moral; benefit from ordered
world where there are expectations about other states’ behavior
– States want to be viewed positively, respected by world opinion; fear
being labeled pariahs and losing face and prestige in international
system
• If states choose not to follow international law, other members have recourse
– Diplomatic protests
– Reprisals
– Economic boycotts, embargoes
– Military force
▲Realists emphasis self-help mechanisms; Liberals collective action and
 NGOs

• Definition: NGOs are private associations of individuals

or groups that engage in political, economic, or social
activities usually across national borders.
• They are diverse entities, ranging from grassroots
organizations to those recognized transnationally. Some
are funded solely through private sources, while others
rely on partial government funds. Some are open to mass
memberships and some are closed member groups.
• Increasing influence and numbers
 Issues seen as increasingly global (require transnational and
intergovernmental cooperation)
 Global conferences (global networks)
 Ending of Cold War (political openings)
 Communications revolution
• Functions and Roles of NGOs:
1. NGOs act as advocates for specific policies and offer alternative channels of
political participation, as Amnesty International has done.
2. They mobilize mass publics, as Greenpeace did in saving the whales.
3. They distribute critical assistance in disaster relief and to refugees, as Oxfam
has done.
4. They are the principal monitors of human rights norms and environmental
regulations and provide warnings of violations, as Human Rights Watch has
done.
5. NGOs are the primary actors at the grassroots level in mobilizing individuals
to act. Their impact was felt strongly at the 1992 UN Conference on the
Environment and Development (UNCTAD).
6. At the national level, NGOs have occasionally taken the place of states, either
performing services that are inept or corrupt government is not stepping in for
a failed state.
7. NGOs seldom work alone. The communications revolution has served to link
NGOs with each other, formally and informally.
8. NGOs may also be formed for malevolent purposes, the Mafia, international
drug cartels, and even Al Qaeda.
 NGOs
• The Power of NGOs
 NGOs rely on soft power, meaning credible information, expertise, and moral
authority that attracts the attention and admiration of governments and the
public.
 NGOs have distinct advantages over individuals, states, and intergovernmental
organizations. They are usually politically independent, participate at all levels,
and can make policy with less risk to national sensitivities.
 NGOs can increase their power through networking with other NGOs.
• The Limits of NGOs
 Most NGOs have very limited economic resources since they do not collect
taxes. The competition for funding is fierce.
 There is a continuous need to raise money, and some NGOs increasingly rely
on governments. If NGOs choose to accept state assistance, then their
neutrality and legitimacy is potentially compromised.
 Success is hard to measure; there is no single agenda, and NGOs are often
working at cross-purposes.
 Some people question whether certain activities undertaken by NGOs, which
have traditionally been viewed as supportive of the common good, may result
in prolonging conflicts.
Do IGOs, NGOs, and International Law Make a Difference?

• Realists remain skeptical; all are reflections of state power and have
no independent identity or role.
• Radicals view them skeptically as well. They see them as mere
reflections of political and economic hegemony.
• Constructivists place critical importance on institutions and norms.
IGOs and NGOs can be norm entrepreneurs that socialize and teach
states new norms. Law reflects changing norms.
• Liberals believe that international law and organizations do not replace
states as the primary actors, but they do provide alternative venues for
states themselves to engage in collective action and for individuals to
join with other like-minded individuals in pursuit of their goals.
 Terms of Chapter 7

• collective good a public good that is available to all regardless of

individual contribution— e.g., the air, the oceans, or Antarctica—but
that no one owns or is individually responsible for; with collective
goods, decisions by one group or state have effects on other groups or
states
• complex (or multidimensional) peacekeeping multidimensional
operations using military and civilian personnel, often including
traditional peacekeeping and nation-building activities; more
dangerous because not all parties have consented and because force is
usually used
• European Union (EU) a union of twenty-eight European states,
formerly the European Economic Community; designed originally
during the 1950s for economic integration, but since expanded into a
closer political and economic union
• General Assembly one of the major organs of the United Nations;
generally addresses issues other than those of peace and security; each
member state has one vote; operates with six functional committees
composed of all member states
• Group of 77 a coalition of about 125 developing countries that press
for reforms in economic relations between developing and developed
countries; also referred to as the South
• Group of 20 group of finance ministers and heads of central banks
(recently heads of state) of major economic powers, including China,
Russia, Australia, Argentina, Brazil, Indonesia, Mexico, South Africa,
South Korea, Turkey, as well as representatives from the G7; meets
periodically to discuss economic issues
• human security a concept of security broadened to include the
protection of individuals from systematic violence, environmental
degradation, and health disasters; the concept gained ground after the
Cold War due to the inability or unwillingness of states (see also
“responsibility to protect”) to adequately protect their own citizens
• intergovernmental organizations (IGOs) international agencies or
bodies established by and controlled by member states that deal with
areas of common interest
• international regimes the rules, norms, and procedures that are
developed by states and international organizations out of their
common concerns and are used to organize common activities
• peacebuilding post-conflict political and economic activities designed
to preserve and strengthen peace settlements; includes civil
administration, elections, and economic development activities
• Security Council one of the major organs of the United Nations
charged with the responsibility for peace and security issues; includes
five permanent members with veto power and ten nonpermanent
members chosen from the General Assembly
• traditional peacekeeping the use of multilateral third-party military
forces to achieve several different objectives, generally to address and
contain interstate conflict, including the enforcement of cease-fires
and separation of forces; used during the Cold War to prevent conflict
among the great powers from escalating
• universal jurisdiction a legal concept that permits states to claim legal
authority beyond their national territory for the purpose of punishing a
particularly heinous criminal that violates the laws of all states or
protecting human rights