International Law and ODA
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1 International Law and ODA
2 Development issues and Law
3 Social actions and Rules Certain issues and works in a society - Social Inter-actions of the partners - Based on policies and promises of the participants Social actions and Regulations - For the policies and promises - Necessity of the Regulations and Rules on the social actions - Relationship of Policy and Law
4 Social actions and Rules Promise Regulation and Rule Social Action Policy Issues in a society
5 Different Rules in stages The stages and Rules - Different social interactions in different stages In an International society - International rules (laws) In a National society - National rules (laws)
6 Development issues and Law Development issues and works in a society - The Social Inter-actions of the partners (Donors and Recipients, sometimes Mediators and Moderators as participants) on the issues - Based on the policies and promises of the participants Regulations and Laws - For the policies and actions of the participants - Different social interactions in different stages on the issues: International Development Law and National Development Law
7 International Law
8 International Issues Peace and War Trade and Economy Climate and Environment Food and Agriculture Earth and Sea Human Rights Science and Technology Poverty and Aid Tradition and Culture
9 Considering the International Relations and Issues - International Public Law - International Economic Law - International Business Law - International Trade Law - International Environment Law - International Labour Law The various fields of International Law - International Law for Human Rights - International Law for Aid and Development
10 The Role of International Law Governing international issues - international relations (inter-state activity) - states or institutions Covers various fields - use of the sea, armed force, - outer space and Antarctica - international communications postal services. - carriage of goods and passengers by air - transfer of money - trade policies - protection of the environment - development
11 From International law to National Law - For different stages - International stage National stage Co-operations Negotiations and, Practicing International Law Transition to national issue Collecting and processing opinions Application and enforcement of International Law
12 The main Sources of International Law International Treaties (Conventions or Agreements) Resolutions of international organisations Custom General Principles of Law Judicial decisions Writings of publicists
13 ODA and International Law ODA - Governmental actions in international societies on the development issues Relations to the international Policies, Economies and Politics for the ODA works and actions Laws for regulations - International stages : International Law for the development issues and the fields - International Development Law : in relation to the national laws
14 Break
15 International Development Law ODA and Law in the international stage
16 International Development Law Regarding the ODA works - Regulations of governments and organisations - In the international society - Making the promises on the issues in the fields Application to - States and International Organisations on the issues of development
17 The international organisations (examples) United Nations Development Programme(UNDP) United Nations Educational, Scientific and Cultural Organization(UNESCO) United Nations Conference on Trade and Development(UNCTAD) World Trade Organisation(WTO) Development Cooperation Directorate(DCD/DAC) in OECD International Development Association(IDA) and World Bank Asian Development Bank(ADB)
18 The bodies in the UN on the issues And the legal basis
19 UN The United Nations - Established in International Organisation - Forum for 193 Member states - with the General Assembly, the Security Council, the Economic and Social Council and other Bodies and committees Main purposes - To keep international peace and security - To develop friendly relations among the members - To help nations work together to improve the lives of poor people, to conquer hunger/disease/illiteracy, to encourage respect for each other s rights and freedoms - To be a centre for harmonising the actions of nations
20 Legal basis of the UN on Development issues In Charter of the United Nations - Provisions of the fundamental basis on the issues Chapter 9 (Article 55-60) - On international economic and social cooperation - The main purposes and directions of the UN Chapter10 (Article 61-72) - On composition and function of the economic and social council - The main frame for the works of the UN
21 CHAPTER IX of the UN Charter International Economic and Social Co-operation The main purposes and directions of the UN
22 CHAPTER IX of the UN Charter International Economic and Social Co-operation Article 55 With a view to the creation of conditions of stability and well-being which are necessary for peaceful and friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, the United Nations shall promote: a. higher standards of living, full employment, and conditions of economic and social progress and development; b. solutions of international economic, social, health, and related problems; and international cultural and educational cooperation; and c. universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion. Article 56 All Members pledge themselves to take joint and separate action in cooperation with the Organization for the achievement of the purposes set forth in Article 55.
23 CHAPTER IX of the UN Charter International Economic and Social Co-operation Article The various specialized agencies, established by intergovernmental agreement and having wide international responsibilities, as defined in their basic instruments, in economic, social, cultural, educational, health, and related fields, shall be brought into relationship with the United Nations in accordance with the provisions of Article Such agencies thus brought into relationship with the United Nations are hereinafter referred to as specialized agencies. Article 58 The Organization shall make recommendations for the co-ordination of the policies and activities of the specialized agencies.
24 CHAPTER IX of the UN Charter International Economic and Social Co-operation Article 59 The Organization shall, where appropriate, initiate negotiations among the states concerned for the creation of any new specialized agencies required for the accomplishment of the purposes set forth in Article 55. Article 60 Responsibility for the discharge of the functions of the Organization set forth in this Chapter shall be vested in the General Assembly and, under the authority of the General Assembly, in the Economic and Social Council, which shall have for this purpose the powers set forth in Chapter X.
25 CHAPTER X of the UN Charter The Economic and Social Council The main frame for the works of the UN
26 CHAPTER X of the UN Charter The Economic and Social Council COMPOSITION (Article 61) - Consisting of 44 Members of the UN elected by the General Assembly with One representative FUNCTIONS (Article 62) - Making studies and reports with respect to international economic, social, cultural, educational, health, and related matters and recommendations to the General Assembly, to the Members of the UN, and to the specialized agencies concerned - Making recommendations for the purpose of promoting respect for, and observance of, human rights and fundamental freedoms for all - Preparing draft conventions for submission to the General Assembly - Calling international conferences
27 CHAPTER X of the UN Charter The Economic and Social Council POWERS (Article 63-66) - Entering into agreements with any of the agencies bring into relationship with the UN - Coordinating the activities of the specialized agencies through consultation and recommendations - Taking regular reports from the specialized agencies - Furnishing information to the Security Council and assisting the Council upon its request VOTING for Decisions (Article 67) - One vote for each member of the Council - Decisions of the Council by a majority of the members present and voting
28 CHAPTER X of the UN Charter The Economic and Social Council PROCEDURE (Article 68-72) - Setting up commissions in economic and social fields and for the promotion of human rights - Inviting concerning Member of the UN and representatives of the specialized agencies to participate in its deliberations - Making arrangements for consultation with nongovernmental organizations SELF-Governance (Article 72) - Adopting its own rules of procedure, including the method of selecting its President
29 Thank you!
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