International Organizations

The successful completion of the Uruguay Round of international trade negotiations in 1994 and the creation of the World Trade Organization (WTO) on January 1, 1995 marks an unprecedented expansion of the international law relating to international trade. The rules of international economic law now extend into many new substantive areas, such as services, intellectual property, and investment. In addition, the revamped binding international dispute resolution process administered by the WTO will create a lively new jurisprudence in this field.

Nearly always, the first question asked about international law is, How can it be law if it cannot be enforced? To experienced international lawyers it is an old and rather tiresome question, not only because it is asked so often, but also because of the crucial assumption it contains. The assumption, of course, is that international law cannot be enforced.

 

Rarely has a move by the U.S. government to impose its political views on other countries' economies aroused as much anger as has the Cuban Liberty and Democratic Solidarity (Libertad) Act of 1996, widely known as the Helms-Burton Act. President Clinton originally opposed the Act, but signed it into law in March 1996, following the downing by the Cuban Air Force of two light planes flown by members of an anti-Castro organization based in the United States. 

 

At the end of the six-week Rome Diplomatic Conference for an International Criminal Court, on July 17, 1998, 120 countries (including virtually all of the United States' allies) voted in favor of the Treaty containing the Statute for an International Criminal Court. The United States joined China, Libya, Iraq, Israel, Qatar, and Yemen as the only seven countries voting in opposition to the Treaty. Twenty-one countries abstained.

 

The United States is substantially in arrears in its payment of amounts the United Nations General Assembly has assessed against it for the UN regular budget and for UN peacekeeping. The question arises whether there are any legal consequences for a failure to pay such assessments.

 

The UN Charter contains a single sanction for failure to pay assessed dues. Article 19 provides:

Introduction 

Before the end of President Clinton's term in office, Congress will debate in earnest China's application to join the World  Trade Organization (WTO). Rhetoric in Congress during President Jiang Zemin's recent state visit tells us this debate may be highly contentious. The recent congressional defeat of the President's request for fast-track authority raised awareness in the international trade community that close attention must be paid to laying groundwork for critical national decisions on trade policy. It is not too early to address the new "China question."