International Law in International Organisation - Assignment Example

International Law in International Organization: Case Study Table of Contents Question 3 Introduction 3 Critical Analysis 4 Conclusion 7 Question 28 Introduction 8 Criminal Prosecution 9 Tax on Import 11 Conclusion 12 References 13 Question 1 Introduction Conceptually, international organizations are regarded as those bodies with membership, presence or scope on a global basis. These organizations fundamentally promote voluntary coordination and cooperation between or amid their respective members. It is often identified that the international organizations follow varied sorts of international laws with a strong belief that they can stabilise economies in the form of generating substantial amount of revenues1;2. Currently, ‘Law of international regulations’ is viewed to cover broad assortment of issues, which are found responsible in leading to inefficiency in stabilizing economies and shortage of coordination amid the dissimilar member states in the regional as well as global scales3. It is worth mentioning that the laws relating to international organizations have been developed in various well-trodden areas that encompass legal powers, finances, international legitimate personality, membership and most importantly, decision-making4. Specially mentioning, the development in the above-discussed areas would certainly help the international organisations towards developing trade flows and other related aspects at large. However, in this present day context, wherein the entire world is witnessing massive extent of globalization, internationalization and liberalization, a wide range of questions are raised concerning the viability of the laws persisting within varied international business organizations. With this concern, the case study intends to critically analyse the statement that “It is inappropriate to speak of a ‘law of international organizations”, reflecting on the applicability and the benefits derived or drawbacks associated with the same. Critical Analysis The question concerning the inappropriateness to speak of a ‘law of international organizations’ has been raised for the purpose of determining whether the internal lawful orders belonging to international organizations are a part of international law or whether these forms a separate entities, analogous to the legal procedures of the different member states. In this similar context, Mosler (1980) critically argued that as the international organizations are often viewed to be the members of the international society, its internal legitimate orders are bound to form a distinct legal order, equivalent to the legal dealings of the different member states. As per the observations made by Mosler (1980), it shall be inappropriate to speak of a law of international organizations, particularly at the time when the internal legal orders of such international business organizations are applied for reaping several benefits. This might be due to the reason that the laws based on international organizations tend to assist these companies for performing various activities with dissimilar denominations5. These activities can be apparently observed as formulating along with implementing appropriate resolutions, making effective decisions, stating recommendations for addressing any sort of risk, following relevant guidelines and complying with the respective standards while framing regulations6. In addition, the other activities comprise solving various sorts of dilemmas through taking the support of lawful regulations, constantly monitoring the applicability of the regulatory frameworks and determining the operational standards among others. These activities seem to assist the international organisations towards developing their respective operational performance at large. Specially mentioning, ‘conflicts of interests’ are expected to rise in any organization wherein diverse individuals with dissimilar perceptions and values work together for attaining predetermined organizational targets and thus, in this regard, the international laws play an imperative role in mitigating the above discussed issue at large. It is often argued that similar to municipal law, international laws also help in preserving broader international orders as well as stability in different communities of the international nations7. Thus, with this concern, it can be affirmed that it would be inappropriate to speak of a law of international organizations. This fact can be further supported by taking into concern a particular international trade law in the US context dealing with “Foreign Banking.” According to Section 601 of Chapter 6 of “Foreign Banking”, the restrictions imposed over the banks of the US by the Board of Governors associated with the Federal Reserve System while purchasing bonds for conducting foreign business can be ascertained8. Arguably, this regulation of the above-discussed law ultimately represents that the internal legal orders of the US are a part of international law, rather than forming a separate entity that is analogous to the legal procedures of the different member states. Ginsburg (2006) argued that law of international organization should be under scrutiny, wherein speaking about the subject can be deemed appropriate, due to certain disadvantages and loopholes associated with it. As per the observations made by Ginsburg (2006), one of these disadvantages can be the violation of international obligations as the international area is incessantly transforming along with determining the costs linked with such violations. For instance, relating to the US trade law of “Foreign Banking”, international obligations can be raised due to the inability of coping up with the restrictions imposed by the Board of Governors belonging to the Federal Reserve System, when purchasing bond for foreign banking purposes. In this similar concern, Ginsburg (2006) identified the growing uncertainties in the international obligations to be the other disadvantages associated with a specific law of international organizations, confirming the appropriateness or justification to speak of the same. According to the arguments made by Ginsburg (2006), the inappropriateness of speaking about a particular law of international organizations can be analysed through the incorporation of various significant aspects. In this similar context, laws belonging to varied international nations tend to design such a framework, which ultimately guides the principal legal actors in facilitating the entrenchment of democratically enacted policies9. This can be justified with reference to an instance when the Charter belonging to the United Nations formed the International Court of Justice, as a regulatory body or framework to assist the principal legal actors to settle disputes involving states in a peaceful manner, based on the international laws. One of the important aspects, which extensively argue about the inappropriateness to speak regarding a law of international organization such as Foreign Banking in the US context, is the activities performed by these sorts of international laws. The report published by United Nations (n.d.) presented that both worldwide economy and world trade relies on international laws as these perform a crucial role in making effective decisions that are often needed to perform businesses or any other related operations in diverse cross-border regions. In precise, based on this notion, it can be affirmed that international laws make the international organizations more democratic due to which it is inappropriate to speak of a specific law of international organizations10. Conclusion Based on the above discussion and analysis, it has become quite apparent that international laws play an imperative role in making the international organizations more democratic when performing the assigned activities. These activities might comprise making effective decisions, formulating effective regulations, entrenching democratic enacted policies and assisting the principal legal actors towards framing suitable legal policies. To be argued, it would be inappropriate to speak of a law of international organizations such as “Foreign Banking” in the US context as these sorts of laws aid in smoothening trade flows and stabilizing economies to a major extent. On the other hand, it can be asserted that it may be appropriate to speak of a law of international organizations like Foreign Banking, as certain disadvantages and loopholes are associated with the same. These drawbacks can be duly measured in terms of violation of international obligations and growing uncertainties in the international obligations. Nevertheless, a gap can be recognized to obtain a succinct elaboration of the fact that would help assessing whether it is inappropriate to speak of a law of international obligations. Question 2 Introduction International law is often measured as a set of generally accepted rules developed because of binding relations between states and nations all over. It assists in ensuring stability and consistency in the international relations amid countries or states11. These laws are applicable to organizations that are operating in the international level, commonly referred as international organisations involving sovereign states, special agencies and other legal personalities irrespective of the scale of their operations. As per the international law, organizations have certain legal liabilities, which they need to adhere. This particular facet of the law will be applicable in the scenario presented hereunder. Notably, Dr. M, who was an Associate Professor at the UNSW, has seen rapid success in his professional domain, which further rewarded him with an appointment as the Senior Vice-Rector of the United Nations University (UNU) located in Tokyo. The post is accompanied with the responsibilities and designation of Director of the UNU Institute in the domain of Sustainability and Peace along with the Assistant Secretary-General of the United Nations. Contextually, as a car enthusiast, Dr. M ordered a “Ferrari F12 Berlinetta” from Italy and shipped it to Tokyo. However, authorities in Japan denied the import of the car on the ground that not all the applicable duties and taxes were paid by Dr. M. Because of this entire incident, Mr. M became quite furious and drove his vintage Porsche 911 in downtown Tokyo. However, the car import incident and the stress of Dr. M’s present job responsibilities influenced his concentration negatively while driving. This aspect further affected the accident that happened due to losing control while driving which killed two children while injuring four. The issues identifiable in this particular scenario are concentrated on identifying whether Dr. M should be criminally prosecuted as per the request of the Japanese public. This particular aspect will be analysed in the paper in a comprehensive manner. Criminal Prosecution From the above discussion, it is ostensive that Dr. M was expecting to get the Ferrari imported in Japan tax-free owing to his strong professional background. However, as per the international law for organizations, there are certain legal aspects that one needs to consider, irrespective of their professional background when operating at the international level12. The first case that can be extracted from this scenario is the accident that has taken place because of the approach taken by Dr. M, which further resulted in the killing of 2 children leaving 4 others injured. Here, it can be asserted that as per the international law relevant to road accidents, Dr. M can be criminally prosecuted up to a considerable extent. It is fundamentally because of the aspect that the accident resulted in a death of 2 children making 4 injured, making the case quite a critical issue. Again, it has been noted that Mr. M’s work stress and the issue emerged while importing the Ferrari in Japan collectively impacted his concentration while driving ultimately leading to the accident. This approach of Dr. M showed negligence on his end along with the lack of duty of care, which is further a punishable offence legally. Since his approach caused death of the 2 children, a criminal prosecution is deemed to take place. This can also be apparently observed in the case of Andrews -v- Director of Public Prosecutions; HL 22-Apr-1937. This case also exhibits an act that has endangered the life of others, which is again unacceptable in the legal domain of international law13. It is also believed that as a corporate citizen, one should not be negligent towards his/her conduct that might cause harm to others. In such scenarios, criminal prosecution is possible on individuals. Notably, Dr. M was supposed to drive straight to home from the UNU office on a usual scenario, wherein, violating his regular routine as a responsible member of the UN and United Nations University (UNU), he showcased utmost negligence, which yielded undesirable results14;15. It can also be ascertained in this regard that as per Article V of the Charter of the UN, all the benefits that are being provided to the staffs of the UN are not for any personal use rather it is only to safeguard the interest of the UN. In this context too, Dr. M will not be liable to utilize the benefits of being a UN employee to ensure his exclusion from the criminal prosecution for his conduct16. Again as per Article 2 of the UN Charter, all members in the UN will only be liable to get the benefits provided by the UN if and only if they conduct their activities in the best interest of the people and the UN objectives, further complying with all the norms mentioned in the present charter17. Contextually, in this regard too, Dr. M will not be liable to get the benefits UN provides to avoid criminal prosecutions. Tax on Import As per the case, Dr. M did not appreciate the aspect that his ordered car was restricted from being imported in Japan in the absence of tax and other duties applicable. However, as a member or the employee of the United Nations University (UNU), Dr. M has certain legal rights and benefits, which might be crucial to determine his position with regard to paying the duties. Correspondingly, it has been noted that the salaries and benefits enjoyed by an UNU are exempted from all sorts of taxes and duties, especially in the state or the national level18. As per section 247 (b) of the “Immigration and Nationality Act” and the sections 1, 8 and 9 of the International Organization Immunity Act, wages and officers of any international organization are exempted from federal income tax liability19;20. This again shows that Dr. M is legally exempted to pay all sorts of taxes as per the international law. This can be identified as a ground on the basis of which, Dr. M can claim for not paying the taxes for importing his car from Italy in Japan. Again, it has also been noted that the car that Dr. M was driving the accident was also imported tax-free. This can also be considered as evidence that can further be used with regard to claim for not paying any tax for the Ferrari he had imported from Italy. Besides, it has also been observed that the members or the employees of UNU are also directly exempted from duties or taxes for any import under the “Convention on the Privileges and Immunities of the United Nations” developed and declared by the General Assembly of UN in the year 194621. This aspect also shows that Dr. M should not be liable to pay import duties for purchase of the Ferrari from Italy. Hence, it can be determined that Dr. M will not have to pay import taxes for his Ferrari. Conclusion Based on the overall understanding gained from the analysis, it can be concluded that being a member or employee of the UN and UNU, individuals can enjoy several benefits and rights like the exemption from income tax, exemption from paying duties for any purchase and other legal benefits. In the case of Dr. M, these aspects are quite apparent as he has the liability to claim for not paying duty concerning the import of Ferrari car in Japan from Italy. However, on the other hand, it has also been depicted that the benefits provided by the UN cannot be used for personal benefits, which are apparent in the case of road accident where Dr. M needs to comply with a criminal prosecution against him. References Archer, C., 2001. International Organizations. Psychology Press. Annan, K. A., 2002. Status, Basic Rights and Duties of United Nations Staff Members. United Nations, pp. 1-44. Ahlborn, C., 2011. The Nature of the “Rules of the Organization.” Amsterdam Center for International Law, pp. 1-56. Charter of United States, No Date. Chapter I: Purposes and Principles. Legal. [Online] Available at: http://www.un.org/en/documents/charter/chapter1.shtml [Accessed May 17, 2014]. E-lawresources, No Date. Andrews v DPP [1937] AC 576 House of Lords. Overview. [Online] Available at: http://www.e-lawresources.co.uk/Andrews-v-DPP.php [Accessed May 17, 2014]. Evans, M., 2014. International Law. Oxford University Press. Ginsburg, T., 2006. 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