14. Роль оон в современном мире. Проблема дефицита власти в современном мире

The United Nations has achieved considerable prominence in the social arena, fostering human rights, economic development, decolonization, health and education, for example, and interesting itself in refugees and trade.

The leaders of the UN had high hopes that it would act to prevent conflicts between nations and make future wars impossible. Those hopes have obviously not fully come to pass. From about 1947 until 1991 the division of the world into hostile camps during the Cold War made agreement on peacekeeping matters extremely difficult. Following the end of the Cold War, renewed calls arose for the UN to become the agency for achieving world peace and co-operation, as several dozen active military conflicts continued to rage across the globe. The breakup of the Soviet Union has also left the United States in a unique position of global dominance, creating a variety of new problems for the UN.

Authority deficit, role of UN (http://www.economist.com/node/8131104)

• notable decline in sources of authority in recent years (in the world from US to UN)

• cold war provided a source of stability and order in the world

• sole surviving superpower US – choice(1) create multipolar world, or(2) assert(утвердить) own strength and power

• its decision(2) was much affected by Sept. 11, 2001

• this created unhappiness and disorder

• UN – was main institution that has source of authority in recent decades

• has done little job to restore int. order after cold war

• UN found itself in an asymmetrical world after CW

• US feeling strong and acting in its own interests disregarding the UN decisions and UN Charter

• comedown of NATO.NATO might find new lease of life - to keep alive a standing alliance which can react quickly to foreign emergencies.

• increasing disorder

• dangers of int. system without authority – aggression, of non-state actors using military force etc.

• governments have great deal of authority (confiscating a large amount of individual incomes through taxation)

• we should welcome the ebbing(убывание) of authority internally within the countries and regret the ebbing of athority in int. system

15. Международный Суд оон (icj)

The International Court of Justice (ICJ) – principal judicial organ of the UN

• established in 1945 by the Charter of the UN

• began work in 1946

Headquarters and permanent seat – Peace Palace, the Hague (Netherlands)

Role: settlement of legal disputes submitted by States

advisory opinions on legal questions referred by UN organs and specialized agencies

Registry, headed by a Registrar-administration, elected by the Court for a 7-year term.

Official languages: English, French

Parties to the Court's statute: all UN members. Non-UN members may also become parties.

Composition:

• 15 judges elected for 9 years by GA and SC

• elections every 3 years

• continuity (1/3 of judges retiring/re-elected each election)

• Judges are elected as individuals, not as representatives of their countries, and are required to make a solemn declaration in open court of impartiality in the exercise of their functions.persons of high moral character

• qualified for highest judicial office in their states

• sufficient competence in int. law

• not able to hold any other post, nor act as counsel

• dismissed by unanimous vote of other members of the Court

• owner of the Peace Palace - The President of the Court (elected triennially by his colleagues

Ad hoc judges

any party to a contentious(спорный) case can nominate a judge of their choice

to participate fully in the case and the deliberations(размышления), along with the permanent bench

17 judges are possible to sit on one case

Chambers (Судейские коллегии)

Court can form smaller chambers, usually 3 or 5 judges, to hear cases (chambers for special categories of cases and ad hoc chambers to hear particular disputes).

The hearing is open to the public.

Sources of law:

• int. conventions

• int. custom

• ‘general principles of law recognized by civilized nations’

• academic writing and previous judicial decisions to help interpret the law

(but not formally bound by previous decisions)

• decision ex aequo et bono – "in justice and fairness" if granted by parties

(equitable(беспристрасный) decision based on what is fair under the circumstances)

The decision of the Court is adopted by majority vote, the President of the Court having a casting vote in the event of a tie. , the judgment is ‘final and without appeal

Procedure

• 9 judges constitute a quorum

• questions decided by majority of judges present

• hearings may be held in Hague or elsewhere

• court may render judgment in certain disputes between states