| Allen L. Springer | International Org. Exam #1- 2000 | ||||||||||||||
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| INSTRUCTIONS You are to answer 8 of the following questions, 4 from Part I and 4 from Part II. Each question is worth 10 points. Spend a few minutes reading over the exam and roughly 10 minutes on each question. Be as specific as possible and use examples and cite “cases” where appropriate. Be sure to put your name on every exam booklet used. Please number each answer and leave some space at the end of each for my comments. Please write legibly!!! PART I- Do 4: 1) Art. 100 of the UN Charter attempts to guarantee the independence of the Secretary-General and the people who work for the organization. Describe how three decisions by international tribunals reflect a desire to fulfill the objectives of Art. 100. 2) While it has been suggested that many Specialized Agencies may not be particularly effective adjudicative bodies, describe 2 cases in which courts (either national or international) seemed willing to defer to the "legal" judgment of a Specialized Agency. 3) Compare the arguments of Jesse Helms (“Fixing the UN”), Michael Hirsch (“The Fall Guy”) and Stephen Schlesinger (“Can the UN Reform?”) . How would each assess the “UN problem” and the prospects for UN reform? 4) Describe three ways in which the founders of the United Nations attempted to learn from what they perceived as the mistakes of the League of Nations in the way they designed the United Nations. Be specific and tie your answer to the actual experiences of the League. 5) A major challenge for any international organization is to protect the interests of its most powerful members from the “tyranny of the majority.” Explain briefly three different ways in which this has been done in three different decision-making bodies. [Note: Those different decision-making bodies can be in the same organization.] PART II- Do 4: A) Durblatz is a UN member with a history of violating its trade agreements with other states. In Resolution 1928, the UN Security Council unanimously “Deplores Durblatz’s failure to respect its international obligations” and “Urges member states to impose a complete trade embargo on Durblatz.” However, members of the U.S. Congress pass the Trade with Durblatz Act (TDA) requiring all U.S. companies to “continue normal trading relations with Durblatz.” When Acme Amalgamated (a U.S appliance company) continues selling toasters to Durblatz, a pro-UN organization in New York brings a suit in U.S. courts demanding that Acme Amalgamated stop the sales which, they claim, are a ”violation of U.S. obligations under the UN Charter.” As a representative of Acme Amalgamated, explain fully why this suit should fail. B) The Bandi are a traditional nomadic North African tribe which has long been distrustful of government authority. Although the Bandi move frequently, often crossing international boundaries, they live most of the time in Berabia (a UN member) and have Berabian citizenship. As part of a program of national economic development, Berabia announces a plan to settle the Bandi (against their will) in a government-run “reservation.” Non-governmental organizations take up the Bandi cause, and the General Assembly passes a resolution conferring “UN nationality” upon them. The UN Secretary-General then proclaims his intention to bring a legal case against Berabia before the International Court of Justice to force them to abandon their forced resettlement plans. As Berabia’s representative to the UN, explain fully how you would respond to the Secretary-General’s announcement. C) Calypso and Tropicana are neighboring Caribbean nations with a history of animosity. Calypso (a U.S. ally) launches an attack against Tropicana using planes purchased from the U.S., as well as intelligence information obtained from U.S. sources. In the Security Council, China sponsors a resolution condemning Calypso’s actions as a “flagrant act of aggression” and requiring all member states to deny Calypsan aircraft landing rights in their territory. When the U.S. attempts to vote “No” on the resolution, the Chinese representative declares this action to be a violation of the United States’ obligations under Art. 27 of the UN Charter. What in the world could the Chinese be talking about? Be clear about the point they are making and explain fully how you, as the U.S. representative, would respond. D) George Bush, the Younger, is elected President of the United States. Among Bush’s first actions is to sign into law the Respect for the American Flag Act (RAFA) which calls for the imposition of the death penalty against anyone “who, in any way, shows disrespect for our glorious national symbol.” Jerry Falwell, the new U.S. Ambassador to the United Nations, is horrified when he steps for the first time into the General Assembly hall and finds that the U.S. flag (according to UN rules) is being mounted by Sven Svenson, a middle-level UN official, at the same height as the flags of all other UN members (It deserves, in Falwell’s mind, to be placed above all others). Falwell gets on his cell phone to the New York City police, who storm the building and arrest Svenson for violating RAFA. Svenson is convicted and sentenced to death. As a representative of the Secretary-General, explain fully how you believe the United States violated international law in its actions. E) Members of the radical Puerto Rican Independence Force (PRIF) begin an armed insurrection against authorities in Puerto Rico. After 6 weeks of bloody fighting, in which it is alleged that PRIF members kill hundreds of innocent civilians, PRIF manages to take control of the capital city and approximately 2/3 of the island. PRIF declares the existence of the independent state of Puerto Rico and applies for admission to the UN. When the issue comes before Security Council, PRIF’s representative asserts, “Given UN rules and practices, as well as the opinion of the International Court of Justice, we have a right to become a member. It would be unlawful for any state to vote against our application.” As a representative of the U.S., which still considers Puerto Rico part of the U.S., explain fully why you feel you can vote no and what the effect of that action would be. |
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Allen L. Springer- aspringe@polar.bowdoin.edu Department of Government and Legal Studies Bowdoin College Brunswick, ME 04011-8498 Tel: 207-729-8502 Fax:- 207-725-3168 |
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