Chapter 7

A. The United States and Foreign Affairs

1. The Commerce Clause

2. The Treaty Clause

B. Sources of International Law

1. Those things that international tribunals rely on in

deciding international disputes.

a. Treaties and Conventions

b. Custom

c. General Principles of Law

d. Judicial Decisions and Teachings

e. Principles of Comity

C. The United Nations

1. Created by a multilateral treaty signed October 24, 1945.

2. Governance of the United Nations

a. The Security Council. 15 members. Herein lies the responsibility to maintain world peace and the authority to use force

Permanent: United States

China

France

Russia

United Kingdom

Other ten: chosen by the permanent members

b. The General Assembly. All members.

This is the legislative body and adopts resolutions concerning human rights, trade, finance and economics and other matters with the scope of the United Nations Charter.

The resolutions has limited force, usually enforced

through persuasion and the use of sanctions (economic

or otherwise).

c. The Secretariat. Headed by the secretary-general and

responsible for administering the day-to-day affairs of the

United Nations.

The Secretary-General may refer matters threatening

world peace to the Security Council and may also use

the office to help resolve international disputes.

d. Other autonomous agencies under the U.N.

UNESCO United Nations Educational, Scientific and

Cultural Organization

UNICEF United Nations International Children's

Emergency Fund

IMF International Monetary Fund

IFAD International Fund for Agricultural

Development

D. International Regional Organizations

1. The European Community. Created in 1957 and also known as

the Common Market

a.

2. Latin, Central, and South America Economic Communities

a. Central American Common Market

b. the MERCOSUR Common Market

c. the Caribbean Community

d. the Andean Common Market (ANCOM)

3. African Economic Communities

a. Economic Community of West African States

b. the Economic Customs Union of Central Africa

c. the East African Community (EAC)

d. In 1991, the 51 countries of Organization of African

United signed the Treaty Established the African

Economic Community.

4. Middle Eastern Economic Communities

a. OPEC

b. The Gulf Cooperation Council

5. Asian Economic Communities

a. Association of South East Asian Nations (ASEAN)

6. North America

a. North American Free Trade Agreement

E. International Courts

1. International Court of Justice (The World Court)

a. The judicial branch of the United Nations located in the

Hague, Netherlands.

b. limitations:

(1) nations must voluntarily agree to allow the court to

hear the case.

(2) nations are not bound by a decision rendered by the

court.

 

2. The European Court of Justice. This is the court of the

European Economic Community. Located in Luxembourg

a. The final arbiter of EC law.

b. This court has no means of enforcing its decisions.

c.

F. Judicial Resolution of International Disputes