THE ROLE INTERNATIONAL ORGANIZATIONS PLAY IN THE DEVELOPMENT AND ENFORCEMENT OF INTERNATIONAL LAW.

ROLE INTERNATIONAL ORGANIZATIONS PLAY IN THE DEVELOPMENT AND ENFORCEMENT OF INTERNATIONAL LAW.

 

          The international organization is a field created by various states, and it concerns the interstate relationship. For many years, international organizations have expanded and transformed the interstate standard of international law. The organizations have worked closely to develop and influence the international law particularly in areas such as human rights, labor, environmental, humanitarian and criminal laws. International law is the decree that regulates the relationship between states for better understanding and working towards a common goal. The essay will examine and analyze how international organizations work in developing and enforcing international law in the global structure. The effectiveness and ineffectiveness of international organizations and how they affect international law discussed (Archer, 1983).

            Henderson (2010) argues that international organizations play a center stage in ensuring that international laws are effective and beneficial to the subjects. Some of the organizations have a limited task and responsibilities while others cover a broad range of tasks and responsibilities. The international organizations have some key roles, and the roles can be grouped as; those of instrument, arena, and actor. As an instrument, several international organizations are used by its member states to achieve their objectives. This limits the independence of the organization in carrying out its actions. The United Nations, which was founded in the hope to bring a more secure and war-free world, failed in its mission dues to control from other countries. Due to its ineffectiveness as a result of powerful countries controlling the organization, international law was largely affected. The United Nations General Assembly members were selfishly used to veto some of the organization is functions, creating hatred among western and eastern member states. But over years, the organization has reshaped its structure to improve its image on the world stage. The United Nations has led to arm treaty including nuclear weapons and other weapons of mass destruction through its Security Council (Lindblom, 2005).

As an arena for meetings and forums, international organizations provide member states with an opportunity to discuss agree and disagree on issues affecting them. For example in 1970, the Third World countries aired their views through the United Nations agencies on the subject of New International Economic Order. The order that based on American economic growth did not give them friendly economic hope. Through this, a universal economic order was drafted and this developed in the restructuring of the international law on trade among member states leading to a financial stability era.

         Klabbers (2002) explains that the international organizations also act as an independent factor in decision making to improve conditions of people. When the international organization doesn’t work alone, its functions and aims become meaningless and unachievable. As a result, member states work differently. When this organization is left to work independently, international laws get a better shape and are enforced to achieve positive end results. For example, the Red Cross works in war-torn areas, caring for people affected by the war that their governments fail to help. In this way, it upholds the humanitarian laws, and basic human rights observed internationally.

      Amnesty International which works widely in putting pressure on various states to observe and respect prisoner and war criminals. This helps to develop and enforce the humanitarian and criminal law across the globe. Organizations with split capacity have a developed international law. The International Court of Justice structure prevents interference in its work by any member states. The judges appointed are representatives of various branches of law and not delegate members of their nations (Karns, et al., 2015).

According to Lindblom (2005), the international organizations help in the formation and enforcing international laws. This is because they have the upper hand in mobilizing the public and media in pushing for their agendas. Also, they devote a lot of their time in research developing a strong opinion that cannot be dismissed. These organizations also press governments to adopt international laws in return for powerful projects in their country. The Organizations like the United Nations, World Trade Organization, and International Monetary Fund Act as an actor in negotiating treaties. These organizations serve as the solution because they engage in diplomatic talks when the two countries are in dispute. These organizations provide a sense of transparency and trust between countries in conflict and when the issue at hand is sensitive to security issues. Also, these organizations build fairness in trading partners and lowering import tax making foreign goods affordable and allowing transport of goods easier. Through their effort, they help in creating favorable trading atmosphere and enforcing international law (Karns, et al., 2015).

Archer (1983) argues that the customary laws are rules that are created by the actions of the states where the states feel that if they act otherwise. It will be illegal to one another. Though this law is not written, it binds all states requiring each state to follow it. For example, ambassadors are protected by this law, that it will be wrong to harm an ambassador of the other country even if the countries in question are at war. This law constitutes international law because it outlines the standard of conduct between states. The principal law has its role in the international law because it also involves states. The law is based on natural law, where laws reflect on the belief that some actions are right while other actions are wrong. The value of good faith is expected to be followed or practiced by states. This law is also formed out of governments but it’s universally accepted, and therefore it’s considered as a standard of international law.

According to Henderson, (2010) treaties are like contracts or agreements made between states that have a common interest in certain areas like waters, and land. Developing treaties require a process that involves the following; negotiation, signing, endorsement, conditions, entry into force, registration by the United Nations, agreement, and amendments. Treaties are signed and binding to the states involved. Treaties such as the Vienna Convention, Nuclear Disarmament, and Nuclear Non-Proliferation Treaty have rules on how the dispute should be solved. These treaties were formed and are enforced by the United Nations to ensure that no state develops a nuclear weapon and to maintain balance (Klabbers, 2002).

 The scope of international law has expanded significantly due to the role played by international organizations. Initially, international law addressed issues such as war and diplomacy between states. But currently it covers a wide range of areas such as human rights, environmental, labor rights, and trade among many others. These international laws have become vehicles for cooperation between states in international relations. The United Nations Environment Programme has created and enforced international laws that protect the environment from destruction in terms of depleting the Earth’s natural resources. Heavy fines have been imposed on the top emitters of carbon as a means of reducing carbon emission into the atmosphere (Henderson, 2010).

           In conclusion, international organizations play a center stage in ensuring that international laws are effective and beneficial to the subjects. Some of the organizations have limited tasks and responsibilities while others cover a broad range of tasks and responsibilities the international organizations has in many ways developed and enforced the various international laws. These international laws have led to a better world to live in terms of trade, security, the environment, human rights, labor rights, and a transparent leadership. The effect of the international organization will always be long-standing into the future and position of international law and system.

References

Archer, C. (1983). International organizations. London: Allen & Unwin.

Henderson, C. (2010). Understanding international law. Malden, Mass. ; Oxford: Wiley-Blackwell.

Lindblom, A. (2005). Non-governmental organisations in international law. Cambridge: Cambridge University Press.

Klabbers, J. (2002). An introduction to international institutional law. New York: Cambridge University Press. Karns, M., Mingst, K. and Stiles, K. (2015). International Organizations: 3rd Revised edition. Boulder co: Lynne Rienner Publishers Inc.