Igos Coursework

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 9

The internal governance mechanisms of an intergovernmental organization play a

crucial role in determining the extent to which such organization executes its
mandate. With reference to any intergovernmental organization(s), evaluate this
claim.

An intergovernmental organization (IGO) refers to “an entity created by treaty, involving two or
more nations, to work in good faith, on issues of common interest. In the absence of a treaty an
Intergovernmental Organization does not exist in the legal sense” 1. For example, the G8 is a
group of eight nations that have annual economic and political summits. 2 Intergovernmental
Organizations which are created by treaties are more of an advantage than a mere grouping of
nations. This is basically because they are subject to international law and have the ability to
enter into agreements that are enforceable among themselves or with other states that are parties
to those treaties.

The Intergovernmental organizations were formed with the main purpose of creating a
mechanism through which the inhabitants of the world would work more successfully together in
the areas of peace and security, and also to deal with economic and social questions. 3 In this
current era of increasing globalization and interdependence of nations, IGOs have come to play a
very significant role in international political systems and global governance. 4

IGOs cover multiple issues and involve governments from every region of the world, including
offices in the U.S, France, Russia, China and so many other countries. The United Nations,
which replaced the League of Nations and the North Atlantic Treaty Organization (NATO) are
among the oldest Intergovernmental Organizations. Intergovernmental Organizations that are
well-known all over the world are the European Union (EU), the Organization of Petroleum
Exporting Countries (OPEC), the African Development Bank (ADB), the World Trade
Organization (WTO), the World Bank, the International Monetary Fund (IMF).

1
https://hls.harvard.edu/bernard-koteen-office-of-public-interest-advising/about-opia/what-is-public-interest-
law/public-service-practice-settings/international-public-interest-law-practice-setting/intergovernmental-
organizations-igos/#:~:text=The%20term%20intergovernmental%20organization%20(IGO,on%20issues%20of
%20common%20interest, accessed on 02.12.2023 at 1.46pm.
2
Ibid.
3
Ibid.
4
Ibid.
Since the creation of the UN and NATO, Intergovernmental Organizations have become
essential actors in the international community especially when it comes to ensuring that there is
peace and stability in the world, a world free of corruption. Also, the global impact of many
Intergovernmental Organizations, such as the UN and the EU continues to increase due to their
ability to make rules and exercise power within their member countries.

This discussion will majorly focus on the United Nations (UN) and its internal governance
mechanisms that have played a crucial role in determining the extent to which it executes its
mandate. The UN was founded in 1945 when representatives of about 50 countries converged at
the United Nations Conference on International Organizations in San Francisco. 5 These countries
signed the UN Charter which created the United Nations. 6 This was towards the end of World
War. The basis for creating this Organization was because the world wanted peace and so they
hoped that the United Nations would prevent another world war from happening.7

The UN was established to “save succeeding generations from the scourge of war” just like what
happened during the 2nd World War and thus its mandate has been to maintain international
peace and security8 and in order to achieve this mandate, the UN has used peacekeeping as a
major tool.9

The United Nations has established several funds, programmes and agencies in different parts of
the world to ensure that its mandate is carried forward and fulfilled. The funds and programmes
are the United Nations Development Programme (UNDP), United Nations Environment
Programme (UNEP), the United Nations High Commissioner for Refugees (UNHCR), United
Nations Population Fund (UNFPA). The specialized UN Agencies include the Food and
Agriculture Organization (FAO), the International Civil Aviation Organization (ICAO),
International Fund for Agricultural Development (IFAD), International Labour Organization
(ILO), International Monetary Fund (IMF) and others.10

5
History of the United Nations, accessed at https://www.un.org/en/about-us/history-of-the-un#:~:text=Four
%20months%20after%20the%20San,a%20majority%20of%20other%20signatories, 05.12.2023.
6
Ibid.
7
Ibid.
8
Article 1(1) of the Charter of the United Nations, 1945.
9
Mandates and Legal Basis for Peacekeeping, https://peacekeeping.un.org/en/mandates-and-legal-basis-
peacekeeping, 05.12.2023.
10
https://www.un.org/en/about-us/un-system, 05.12.2023.
Indeed the internal governance mechanisms of an intergovernmental organization such as the UN
play a crucial role in determining the extent to which such organization executes its mandate.

Regarding the internal governance mechanisms of the UN, it has five (5) main organs through
which its mandate is executed. These organs are the ones that give the UN a sense of direction on
what should be done to ensure there is international peace and security in the world. These
organs include the General Assembly, the Security Council, the Economic and Social Council
(ECOSOC), the Secretariat and the International Court of Justice. 11 Through these organs, the
United Nations is able to execute its mandate in the following ways.

The General Assembly is the primary deliberative and policymaking arm of the UN, at which
all 193 member states are represented. 12 It is established under Chapter 4 of the Charter of the
United Nations and Statute of the International Court of Justice with representatives from each
member state.13 It meets annually14 to debate pressing issues and to make decisions and
recommendations on important questions of peace and security, economic and social
development, the protection of human rights, the codification of international law, and the
admission of new member states, among other matters. 15 It also approves the UN's budget and
the financial assessments of member states. 16 Some decisions require a two-thirds majority while
others are decided by a simple majority.

The work of the UN General Assembly in executing the mandate of the UN can be seen in the
different resolutions it has passed and/or adopted in respect of states that are experiencing war.
For example, in 2011 in its 89th Plenary meeting, the UN General Assembly issued and adopted a
resolution A/RES/66/176 calling upon the Syrian authorities to implement the Plan of Action of
the League of Arab States in its entirety without further delay and invited the Secretary General
to provide support to the League of Arab States observer mission in the Syrian Arab Republic 17
and in 2012 during the Syrian uprising, the UN General Assembly in its 97 th plenary meeting

11
Article 7(1) of the Charter of the United Nations, 1945.
12
https://guides.ll.georgetown.edu/c.php?g=365747&p=7140280, 06.12.2023.
13
Article 9(2) of the Charter of the United Nations, 1945.
14
Article 20 of the Charter of the United Nations, 1945.
15
Ibid, n. 12, Articles 11 to 13 of the Charter of the United Nations, 1945.
16
Article 17(3) of the Charter of the United Nations, 1945.
17
UNMIS, United Nations Supervision Mission in Syria,
https://peacekeeping.un.org/mission/past/unsmis/resolutions_GA.shtml, 08.12.2023.
issued a resolution A/RES/66/253 condemning all violence and called upon all parties in Syria
including the armed groups to stop all violence or reprisals immediately. 18 It also requested the
Secretary General to appoint a Special Envoy to support the efforts of the Leagues of Arab States
to promote a peaceful solution to the conflict.19

Also, on 21 December 2016, the United Nations General Assembly adopted resolution A/71/248,
establishing the International, Impartial and Independent Mechanism to assist in the investigation
and prosecution of persons responsible for the most serious crimes under international law
committed in the Syrian Arab Republic since March 2011. 20 The creation of this new
accountability model was initiated by the UN General Assembly to address the growing evidence
of human rights violations being committed since the start of the conflict. 21 The UN’s
Independent International Commission of Inquiry on the Syrian Arab Republic (CoI) had issued
several reports highlighting “gross violations of human rights” as well as concern about “crimes
against humanity” being committed, and recommending that the Security Council take action to
refer the conflict to international justice bodies.22

Further still, in September 2015, the Assembly agreed on a set of 17 Sustainable Development
Goals, contained in the outcome document of the United Nations Summit for the adoption of the
post-2015 development agenda (resolution 70/1 entitled “Transforming our world: the 2030
Agenda for Sustainable Development).23 In 2022, the Assembly held a series of meetings to
discuss the recommendations put forward by the Secretary-General in his report [link] entitled
“Our Common Agenda”, an agenda of action, designed to strengthen and accelerate multilateral
agreements – particularly the 2030 Agenda – and make a tangible difference in people’s lives.

In cases where there is a threat to the peace of the world, breach of peace or act of aggression
and the Security Council has failed to take action as a result of a permanent member’s negative
voice, the UN General Assembly takes action and thus when such a situation arises, the General

18
UNMIS, United Nations Supervision Mission in Syria,
https://peacekeeping.un.org/mission/past/unsmis/resolutions_GA.shtml, 08.12.2023.
19
Ibid.
20
https://www.un.org/en/ga/about/background.shtml#:~:text=The%20Assembly%20makes%20recommendations
%20to,humanitarian%2C%20social%20and%20legal%20matters, 07.12.2023.
21
Ibid.
22
Ibid.
23
Ibid.
Assembly is mandated under its resolution of 3 rd November 1950 “Uniting for Peace” to consider
the matter immediately and recommend to its members the collective measures to maintain or
restore international peace and security in the world. Through all these activities, the General
Assembly is executing the mandate of the UN, to maintain international peace and security.

The Security Council is the second organ of the United Nations. It is established under Chapter
5 of the Charter of the United Nations and Statute of the International Court of Justice. It has the
primary responsibility for maintaining international peace and security. It is comprised of 5
permanent member states, that is, China, the Russian Federation (former Union of Soviet
Socialist Republics), France, the United Kingdom (U.K) and the United States (U.S) 24 and 6
other non-permanent member states that are elected by the General Assembly to two-year
terms.25 In its role of executing the mandate of the UN, the Security Council has the
responsibility of investigating acts of aggression and other threats to peace. It determines when
and where a UN peace operation should be deployed. 26 With the power vested in it, the Security
Council can vote to extend, amend or end mission mandates as it deems necessary. For example,
while exercising its power under Chapter VI of the UN Charter, the Security Council recently
decided to terminate the UN Integrated Transition Assistance Mission in Sudan (UNITAMS) by
adopting resolution 2715 (2023) (S/RES/2715(2023) where 14 states voted in favor of the
resolution and none against it with the Russian Federation in absentia. 27 The Security Council in
this resolution asked the Mission to begin the cessation of its operations on 4 th December 2023
and transfer its tasks to UN agencies, funds and programmes.28

Whenever possible, the Security Council attempts to settle disputes through peaceful means, but
it also has the authority to impose sanctions such as the arms embargoes, asset freezes and travel
bans and authorize the use of force. Using its powers under Article 41 of the UN Charter, the
Security Council has imposed sanctions on states over 30 times ever since it first established a
mandatory sanctions regime on Southern Rhodesia in Resolution 232(1966) with 15 current
24
Article 23(1) of the Charter of the United Nations, 1945.
25
Ibid.
26
https://peacekeeping.un.org/en/role-of-security-council#:~:text=The%20Security%20Council%20monitors
%20the,the%20work%20of%20specific%20operations, 08.12.2023.
27
Security Council Terminates Mandate of UN Transition Mission in Sudan, Adopting Resolution 2715
(2023) in Vote of 14 in Favour to 1 Abstention , https://reliefweb.int/report/sudan/security-council-
terminates-mandate-un-transition-mission-sudan-adopting-resolution-2715-2023-vote-14-favour-1-
abstention , 08.12.2023.
28
Ibid.
sanctions regimes in force.29 Some of these regimes include the 751 Somalia regime established
in resolutions 733 (1992) and 751 (1992), the 2140 Yemen regime established in resolution 2140
(2014).30 The essence of these sanctions regimes is to signal, constrain or coerce states, entities
or individuals to change behavior.31

The Economic and Social Council (ECOSOC) also plays a major role in helping the UN
execute its mandate towards ensuring international peace and stability in the world. It is
established under Chapter 10 of the UN Charter with its major role of providing a central
forum for discussing the world's economic, social, and environmental challenges and for
formulating policy recommendations to address them. Under Article 62(1) and (2) of the UN
Charter, the ECOSOC is charged with making or initiating studies and reports with respect to
international economic, social, cultural, educational, health, and related matters and may make
recommendations with respect to any such matters to the General Assembly to the members of
the UN and to specialized agencies concerned and it also makes recommendations for the
purpose of promoting respect for and observance of human rights and fundamental freedoms for
all. When the human rights and fundamental freedoms are respected and observed, it means there
is peace and security in the world. And therefore, the ECOSOC making all these
recommendations helps in ensuring that the UN mandate is executed successfully.

The Secretariat is UN's administrative arm, comprised of civil servants responsible for carrying
out the day-to-day operations of the organization. 32 It is headed by Secretary General. 33 The
Secretariat collects and analyzes data, conducts research on a wide range of economic and social
issues, maintains the facilities used by other UN organs, provides interpreter services, and
translates documents into the UN's official languages. The Secretary-General is appointed by the
General Assembly on the recommendation of the Security Council for a 5-year, renewable term.
In addition to mediating international disputes and coordinating peacekeeping activities, the
Secretary-General serves as the public face of the UN and acts as the principal spokesperson for
its policy initiatives.

29
Active Security Council Sanctions,
https://www.securitycouncilreport.org/images/homepage/security_council_sanctions_regimes.pdf, 09.12.2023.
30
Ibid.
31
Ibid.
32
Established under Chapter 15 of the UN Charter.
33
Article 97 of the UN Charter.
The International Court of Justice (ICJ), also known as the World Court, is the UN's principal
judicial organ.34 It is located in the Peace Palace in The Hague, a city in the Netherlands,
making it the only one of the UN's principal organs that is not based in New York City. It is
established under Chapter 14 of the UN Charter. The Court adjudicates interstate disputes in
contentious cases in accordance with international law and issues advisory opinions on questions
of law referred to it by authorized UN organs. The Court is comprised of 15 judges elected by
both the General Assembly and the Security Council to serve nine-year terms. 35 No two judges
from the same jurisdiction may serve simultaneously. 36 Seats are informally apportioned
geographically to ensure that judges from all of the world's main legal systems are represented
on the Court.

The ICJ settles contentious legal disputes submitted to it by States in accordance with
international law and also gives advisory opinions on the legal questions that are referred to it be
the organs of the UN and specialized agencies. 37 One of the most famous cases handled by the
ICJ is the case of Nicaragua v USA and it made a ruling that the USA had violated the
international law when it supported the right-wing rebel groups in their convert war efforts
against the Nicaraguan government and thus ordered the USA to pay war reparations to the
Nicaraguan government.38 By entertaining and adjudicating over these cases, the ICJ maintains
peace and stability in the states party to the disputes and acts as a precedent to other states that
may involve themselves in war-like disputes thus ensuring that the mandate of the UN is
executed.

The Trusteeship Council was established under Chapter 13 of the UN Charter with the major
responsibility of overseeing the 11 "trust territories" established under the UN Charter. 39 The
Trusteeship Council is also charged with the responsibility of formulating a questionnaire on the
political, economic, social and educational advancement of the inhabitants of each trust
territory.40 The Trusteeship Council has since its establishment ensured that it executes the

34
Article 92 of the UN Charter.
35
Articles 3 and 13 of the Statute of the International Court of Justice.
36
Ibid.
37
https://www.icj-cij.org/cases, 10.12.2023.
38
https://academy4sc.org/video/international-court-of-justice-worlds-highest-court/#:~:text=One%20of%20the
%20most%20famous,efforts%20against%20the%20Nicaraguan%20government, 10.12.2023.
39
Article 86(1) of the UN Charter.
40
Article 88 of the UN Charter.
mandate of the UN by aiding in the peaceful decolonization and independence of States. For
example, the Trusteeship Council was very instrumental in the decolonization and independence
of 11 trust territories in Africa and the Pacific from 1947 to 1994. 41 Unfortunately, the
Trusteeship Council suspended its operations in 1994 when Palau, the last remaining trust
territory, gained its independence.42 The Council may resume its operations at the request of the
majority of its members, the General Assembly and Security Council if and when the need arise.

In conclusion, looking at the activities that the UN deals with in all parts of the world, its internal
governance mechanisms play a crucial role in determining the extent to which such organization
executes its mandate. Without these organs which act as the internal governance mechanisms of
the UN, then the UN will have no way of executing its mandate.

REFERENCES
STATUTES
The Charter of the United Nations, 1945.
The Statute of the International Court of Justice, 1945.

ARTICLES
Active Security Council Sanctions,
https://www.securitycouncilreport.org/images/homepage/security_council_sanctions_regimes.pd
f.

41
https://www.un.org/en/library/digitization-update-trusteeship-council#:~:text=From%201947%2D1994%2C
%20the%20Trusteeship,in%20Africa%20and%20the%20Pacific, 10.12.2023.
42
Ibid.
History of the United Nations, accessed at https://www.un.org/en/about-us/history-of-the-
un#:~:text=Four%20months%20after%20the%20San,a%20majority%20of%20other
%20signatories.
https://academy4sc.org/video/international-court-of-justice-worlds-highest-court/#:~:text=One
%20of%20the%20most%20famous,efforts%20against%20the%20Nicaraguan%20government.
https://guides.ll.georgetown.edu/c.php?g=365747&p=7140280.
https://hls.harvard.edu/bernard-koteen-office-of-public-interest-advising/about-opia/what-is-
public-interest-law/public-service-practice-settings/international-public-interest-law-practice-
setting/intergovernmental-organizations-igos/#:~:text=The%20term%20intergovernmental
%20organization%20(IGO,on%20issues%20of%20common%20interest.
https://peacekeeping.un.org/en/role-of-security-council#:~:text=The%20Security%20Council
%20monitors%20the,the%20work%20of%20specific%20operations.
https://www.icj-cij.org/cases
https://www.un.org/en/about-us/un-system.
https://www.un.org/en/ga/about/background.shtml#:~:text=The%20Assembly%20makes
%20recommendations%20to,humanitarian%2C%20social%20and%20legal%20matters.
https://www.un.org/en/library/digitization-update-trusteeship-council#:~:text=From
%201947%2D1994%2C%20the%20Trusteeship,in%20Africa%20and%20the%20Pacific.
Mandates and Legal Basis for Peacekeeping, https://peacekeeping.un.org/en/mandates-and-legal-
basis-peacekeeping.
Security Council Terminates Mandate of UN Transition Mission in Sudan, Adopting
Resolution 2715 (2023) in Vote of 14 in Favour to 1 Abstention ,
https://reliefweb.int/report/sudan/security-council-terminates-mandate-un-transition-
mission-sudan-adopting-resolution-2715-2023-vote-14-favour-1-abstention .
UNMIS, United Nations Supervision Mission in Syria,
https://peacekeeping.un.org/mission/past/unsmis/resolutions_GA.shtml.

You might also like