Treaties and International Organizations

Did You Know: In 1977, Sandra Lovelace, a Maliseet First Nations woman, lost her status as an “Indian” under the Indian Act when she married a non-Indian man. She filed a claim with the UN Rights Committee.

What is a Treaty? §

• A treaty is an agreement between two or more governing bodies. (i.e. BRICS)
• Treaties between two parties are called bilateral (note to self, this will be on the test)
  • Treaties between more than two parties are called multilateral.
• Treaties can take the names:
  • Convention
  • Protocol
  • Agreement
  • Memorandum of Understanding
  • Accord
  • Exchange of Notes
  • Arrangement

Rules for Treaties §

• Some of the rules that govern treaty making were set out in The Vienna Convention on the Law of Treaties, 1969
• Drafted by the International Law Commission of the United States.
• Disputes can go to the International Court of Justice

General Legal Procedure §

• A treaty must be negotiated, signed, ratified, and implemented by each state that is a party to the treaty.
  • Ratification: the notification to those to which the law or terms apply.
    • In layman’s terms: when a law is put into place.
• Negotiation is the first stage of forming a treaty.
  • Can happen at an international forum or diplomatic conference. (E.g. Global Forum for the Environment)
  • A treaty will be invalid if threat or force was used during the negotiation process.
• A representative from each member state must sign the treaty.
  • This formally indicates the general agreement of the treaty.
• For treaties to be implemented, sometimes new laws must be made within the state in the treaties.
• Most treaty disputes relate to interpretation. Many treaties include provisions for dispute resolution or termination.
  • Provision: A statement within an agreement or law that a particular thing must happen. (if x, then y)

Types of International Organizations §

International Governance Organizations §

• IGO’s are organizations that are set up by a legal agreement (treaty)
• IGO’s have the financial and political power of their members.
• Examples:
  • The United Nations
  • *G8
  • European Union
  • Organization of Petroleum Exporting Countries
  • Interpol

Types of IGO’s §

There are three main types of IGOs.

• Regional
  • Membership is based on geography.
  • E.g. European Union, contains European states.
• Selective
  • Membership based on criteria.
  • E.g. Organization of the Islamic Conference, selective based on religious affiliation.
• Specialized
  • Membership limited to a limited field or industry
  • E.g. OPEC, those who specialize in oil exports

Non-Governmental Organizations §

• NGOs are set up by individuals or groups, not states.
• Do not have rights or duties under international law; rather, they advocate for certain outcomes based on their founding principles.
• Financially supported by donations from people, business, organizations, and governments.
• Act as intermediary between individuals and their state dominated international legal system.
• E.g. Red Cross and World Vision.

Individuals and Corporations §

• Neither have ability to enter into legal relations internationally using treaties.
• This means that individuals and corporations have no rights under international law.
• If IGOs create a treaty, each country will pass laws domestically to meet their agreements.
  • These can have both positive and negative effects on these groups.
• Both groups donate time and money to NGOS to advance their causes.

How International “Laws” are Enforced §

Conflict and Enforcement §

• Enforcement is different from domestic laws, where a person can be arrested and have domestic laws applied.
• International agreements use legal instruments created through customs and treaties. (e.g. The Kyoto Protocol, where countries have to pay money if they don’t lower their carbon emissions below a certain level.)
• The penalties for most violations are determined using international conflict resolution, where state officials negotiate a settlement or declaration.
• Where this does not occur, the UN Security Council or the International Court of Justice (tribunal) can be accessed.

Forms of Sanctions §

When the International Community are going to apply a penalty, it is known as a sanction.

• Sanction: An action or incentive to minimize or prevent actions of another state.
• Arbitration: Third party judgement that applies to both states.
• Economic Sanctions: Increasing duties on goods.
• Trade Boycott: Limiting trade of the state.
• Trade Embargoes: Laws or policies that states create to initiate the prohibition of trade
• Naval Blockades: Military blocks or limits of access to the state.
• Arrest of Diplomats or Dignitaries.

What role do Multinational Corporations play? §

• Typically comprises a parent company in one state with subsidiaries (smaller owned businesses) in one or more other states.
• In traditional international law, multinational corporations have rights, but no legal or ethical obligations.
• Domestic laws apply to subsidiaries and their employees.

Global Benefits of Multinational Corporations §

• Production of goods.
• Employment opportunities.
• Lower production costs.
• Exposure to untapped talent in the employment market.

Issues with Multinational Corporations §

• No corporate regulations under International Law.
  • The “accountability gap” or “governance gap” caused by the absence of regulations in international law.
• State competition for economic gain.
  • Decreased regulatory framework leads to exploitation of global markets (developing countries) to save money.
• Penalties do not affect change
  • Multinational Corporations penalized for offences based on domestic laws usually fines that are easily paid.
• Coercion and corruption with states
  • Bilateral treaty investment and trade agreements favor multinational corporations.