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The Law of

INTERNATIONAL
INSTITUTIONS
TREATY–MAKING BY
INTERNATIONAL ORGANIZATIONS
Introduction
For many years, it has been seriously debated whether international
organizations could actually enter into international commitments. In other
words: did they have the capacity to conclude treaties?
Or was treaty-making rather something they were incapable of doing unless
specifically and explicitly empowered to do so?
And if the latter would be the case, then how should commitments entered
into by organizations be explained in the absence of explicit powers?
The constitutions of the earlier organizations did not contain specific
provisions with respect to treaty-making, with the League of Nations
Covenant constituting a prime example.
Indeed, the absence of any specific provision in the Covenant was one of the
reasons why some of the judges of the International Court of Justice, in the
various Mandate cases, found that the Mandate could not be regarded as a treaty
between South Africa and the League of Nations. Such would, they reasoned,
presuppose treaty-making competence on the part of the League, and in the absence
of a clause conferring such power, treaty-making competence was not lightly to be
presumed. Nowadays, it is reasonably well established that international
organizations may conclude treaties, although there is still some debate going on as
to whence the capacity to conclude treaties springs if no explicit competence is
contained in the constituent documents. At this point, much is often made of a
distinction between the capacity to do something and the competence to engage in
that activity.
The consent of an international organization to be bound by a treaty may be expressed
by signature, exchange of instruments constituting a treaty, act of formal
confirmation, acceptance, approval, or accession, or by any other means if so agreed.

AN EXAMPLE OF AN INTERNATIONAL TREATY ORGANIZATION

An example of a treaty that does have provisions for further binding agreements is the
UN Charter. By signing and ratifying the Charter, countries agreed to be legally
bound by resolutions passed by UN bodies such as the General Assembly and the
Security Council.
5 STEPS IN MAKING A TREATY
The treaty-making process is made up of five broad stages:
negotiation,
signature,
ratification,
implementation, and
coming into force.
THE THREE TYPES OF INTERNATIONAL TREATIES

Conventions between two states are called bilateral treaties;


conventions between a small number of states (but more than two) are
called plurilateral treaties (such as the GPA); conventions between a
large number of states are called multilateral treaties
4 ELEMENTS OF THE TREATY
Although a treaty may take any form, typically, they include a
preamble or statement of purpose; a set of articles defining
responsibilities and obligations; expiration time (or terms for
termination); reservations or exclusions (if any); and, particularly in
the case of multilateral treaties.
THE PRINCIPLES OF TREATIES
Treaties are expected to be executed in good faith, in keeping with the
principle of pacta sunt servanda (Latin: “agreements must be kept”),
arguably the oldest principle of international law. Without this
principle, which is explicitly mentioned in many agreements, treaties
would be neither binding nor enforceable.
CLASSIFICATIONS OF TREATIES
Treaties are typically divided into two main categories, multilateral and
bilateral. A multilateral treaty is a treaty involving more than two
parties, while a bilateral treaty involves an agreement between two
parties.
OTHER NAMES FOR TREATIES
 pact.
 convention.
 accord.
 alliance.
 covenant.
 settlement.
 deal.
 contract.
DIFFERENCE BETWEEN A TREATY AND
CONVENTION
International conventions are treaties signed between two or more
nations that act as an international agreement. A treaty is a binding
agreement between nation-states that forms the basis for international
law.
ORGANIZATIONAL LIAISONS
WHAT IS AN ORGANIZATIONAL LIAISON?
A liaison officer is an employee who builds and maintains mutually beneficial
relationships, facilitates communications and coordinates activities among
two or more people, agencies, or organizations.
MIDDLE MANAGERS ASSUME LIAISON ROLE

For example, supervisors might report to a regional department manager, who


reports to a national department manager, who ultimately reports to the upper
management. In this case, the middle managers act as liaisons between the
employees, supervisors and upper management
LIAISON MEANS IN MANAGEMENT
Liaisons are staff members within each department who have been
designated to fulfill a specific role on behalf of their department.
Individuals can be more than one liaison for one or many departments
and have access to various tools to fulfill that role
ROLE OF A LIAISON INTERPERSONAL
One example of a liaison is a human resources coordinator. This
individual would work to connect different departments within an
organization, such as the marketing and accounting departments. They
would help facilitate communication between these departments and
ensure everyone is on the same page.
AN OPERATIONS LIAISON
Operations Liaison. As described in law the person or persons
designated by the Requesting Party to provide direct contact,
communications, and coordination at the operations level for Assisting
Party's crews and resources at the location of the assistance
THE TYPES OF LIAISON

Although liaisons are characteristic of the French language, they do


not occur under every circumstance in which a word ending in an
unpronounced consonant is followed by a word beginning with a
vowel sound. There are, in fact, three types of liaison: obligatoire,
facultative, and interdite.
ROLE OF A MANAGER
Liaison role - The manager interacts with peers and people outside the
organization. The top-level manager uses the liaison role to gain favors
and information, while the supervisor uses it to maintain the routine
flow of work.
THE LIAISON ROLE AND LEADER ROLE

Leader – This is where you provide leadership for your team, your
department or perhaps your entire organization; and it's where you
manage the performance and responsibilities of everyone in the group.

Liaison – Managers must communicate with internal and external


contacts.
ISSUES OF RESPONSIBILITY
THE PROBLEM OF RESPONSIBILITY
Free will and moral responsibility, also called the problem of moral
responsibility, the problem of reconciling the belief that people are
morally responsible for what they do with the apparent fact that
humans do not have free will because their actions are causally
determined.
MAJOR ISSUES OF SOCIAL RESPONSIBILITY
This includes working conditions, human rights, the environment,
preventing corruption, corporate governance, gender equality,
occupational integration, consumer interests and taxes.
4 ISSUES DEALING WITH SOCIAL
RESPONSIBILITY
Generally categorized in four ways:

environmental responsibility,

ethical/human rights responsibility,

philanthropic responsibility and

economic responsibility.
RESPONSIBILITY IN ETHICAL ISSUES
Ethical responsibility is the ability to recognize, interpret and act upon
multiple principles and values according to the standards within a
given field and/or context.
THE HARD PROBLEM OF RESPONSIBILITY
But if this is the explanation to be given for why a reason-responsive
agent did not actually respond to reasons in a given choice, why should
we hold the person responsible for having made that choice? That is
the hard problem of responsibility.
3 social issues
Poverty, unemployment, unequal opportunity, racism, and
malnutrition are examples of social problems. So are substandard
housing, employment discrimination, and child abuse and neglect.
Crime and substance abuse are also examples of social problems.
THE ELEMENTS OF RESPONSIBILITY
Responsibility is accompanied by three essential elements: 1) Norms
that determine accountability,

2) freedom or free will to act as a rational agent, and

3) results that can be either praiseworthy or blameworthy.


Responsibility with respect to these three elements is essential to being
human
WHAT ARE TWO BARRIERS TO SOCIAL
RESPONSIBILITY?

Barriers to social responsibility are

(i) Manager

(ii) organization

(iii) industry and

(iv) division

To fulfill the task of social responsibility the following problems may


be faced at an organizational level which hinder the process of
implementation of achieving the goal of social responsibility

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