Regional Organizations
The world has witnessed, since the end of
the Second World War, a proliferation of regional organizations of various
types and forms. Regional organizations are international associations link
together geographically and ideologically related states. Many factors have
contributed to the creation of such organizations. The Cold War, the failure of the Security
Council of the United Nations in performing its primary responsibilities in
maintaining international peace and security, the eagerness of the newly
independent states to cooperate together for common interests, the desire of
states for economic cooperation, all
stimulated the creation of regional organizations, whether defense alliances
such as the North Atlantic Treaty Organization and the Warsaw Pact, or general
cooperation organization such as the League of Arab States, the Organization of
African Unity (transformed into African Union), and the Organization of
American States, or economic cooperation such as the European Communities[1]
(thereafter transformed into the European Union).
Today, there are many regional
organizations of various types and forms in Europe, the Americas , Asia, Africa ,
and the Pacific. In the following, the
main and the most important organizations are mentioned. In Europe ,
there are the European Union (EU)[2],
the Council of Europe (COE)[3],
the Western European Union (WEU)[4],
the Organization for Cooperation and Security in Europe (OCSE)[5],
the North Atlantic Treaty Organization (NATO)[6],
and the Commonwealth of Independent States (CIS)[7].
In the American continent, there is the Organization of American states (OAS).[8] In Africa ,
there is the African Union (AU).[9] In Asia ,
there is the Association of South East Asian Nations (ASEAN).[10]
Related to the Arab World, there are the League of Arab States[11],
and the Cooperation Council for the Arab States of the Gulf (GCC)[12]. Related to the Islamic World, there is the
Organization of the Islamic Conference (OIC).[13]
Of all the existing regional
organizations, six are dealt with in the following six chapters. The selected organizations are:
- The League of Arab States
- The Cooperation Council of the Arab States of the Gulf
- The Organization of Islamic Conference
- The European Union
- The African Union
- Tthe Organization of American States.
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Chapter One
I. Origin
and Founding of the League of Arab States
The League of Arab States was established
by a pact signed on March 22, 1945 at the conclusion of a conference held in Cairo , Egypt ,
attended by representatives of Egypt ,
Iraq , Jordan , Lebanon ,
Saudi Arabia , Syria and Yemen
The
establishment of the league of Arab States, an organization gathering Arab
countries, came as a response to calls
for Arab unity that were been putting forward for the past several centuries. The atmosphere of the first half of the
forties (of the twentieth century) was suitable for the realization of Arab
unity. The notion of Arab unity was
elaborated on during the Second World War; this was due to several factors,
mainly the growth of Arab national movements and the resistance against
colonialists, the need to establish a kind of regional order between the Arab
States as the result of the increase in the number of independent Arab
countries, and the urgent need to face the dangers represented by the Zionist
Movement.
The establishment of the League of Arab
States succeeded the Alexandria Protocol concluded between the seven Arab
States, mentioned above, on October 7, 1944, which constituted the first
agreement that brought the Arab Sates together in the manifestation of their
unity. The Alexandria Protocol laid down
the general lines of the future league and included two special resolutions
concerning Lebanon and Palestine Lebanon
To further
the Arab unity, the members of the Arab League drew up on April 13, 1950 the
Joint Defense and Economic Cooperation Treaty that was signed by five of them
in June of the same year, and by Iraq
and Jordan in 1951 and 1953 respectively and the rest of the Arab countries in
1964.[16] This Treaty connected between economic and
collective security cooperation. It tackled the economic aspect in the light of
the reinforcement and evaluation of Arab economic relations. It focused on the
enhancement of collective security and the peaceful settlement of
disputes. It also stated the
impermissibility of the member states to conclude international agreements
incompatible with the said treaty, and to act in a manner inconsistent with the
Treaty’s objectives. Furthermore, it
provided for the establishment of several bodies, namely the Joint Defense
Council, the Permanent Military Committee, the Military Consultative Board, and
the Economic Council.
II. Status and
Membership of the League of Arab States
The
league of Arab States is an organization of sovereign states that is neither a
union nor a federation. It is a
regional organization within the framework of Chapter VIII of the United
Nations Charter. Its Secretary General,
Assistant Secretaries, representatives and staff, as well as the
representatives of its members enjoy diplomatic privileges and immunities.[17] Its headquarters is located in Cairo , Egypt
The League resembles other regional
organizations in that it has primarily political aims, and it is a regional
version of the United Nations. However,
it differs from most of regional organizations in that its membership is based
on ethnic origin and culture rather than geographic location; in this respect,
it resembles organizations such as the Latin Union and the Nordic Council. It differs
notably from some other regional organizations such as the European Union, in that it has not achieved any
significant degree of regional integration and the organization itself has no
direct relations with the citizens of its member states.
The Pact of
the League of Arab States provides for collaboration with international
organizations, universal and regional.
The League has a permanent delegation accredited to the United Nations
headquarters in New York and in Geneva
The League of Arab States is an
inter-governmental organization, not a supranational organization. It is based on voluntary cooperation between
its members, and on principles of sovereignty, equality and mutual
respect. Both principles of sovereignty and equality are the basis of unanimous
vote required for the adoption of decisions of the League Council. The Unanimous vote principle adopted by the
Pact has definitely positive and negative impacts on the work of the League of
Arab States. The positive impact is
represented by the maintenance of order to the Arab system, and the impediment
of any attempt exerted by one country or a limited number of countries to have
a dominant influence over the Arab League.
Whereas, the negative impact is represented by the considerable amount
of deadlock and formalism in the performance of the functions of the League;
the League can move steadily and effectively only in case of unanimous voting
to its resolutions.
The League of Arab States embraces all
independent Arab countries and Palestine Arab State
The Arab League's membership has expanded
from seven Arab Member States, forming a total number of independent Arab
countries during the mid-forties, to 23 Arab Member States, forming the total
number of Member States in the Arab Regional System. The 23 members are: Algeria, Bahrain, Comoros, Djibouti, Egypt,
Eritrea, Iraq, Jordan, Kuwait, Lebanon, Libya,
Mauritania, Morocco, Oman,
Palestine, Qatar,
Saudi Arabia, Somalia, Sudan,
Syria, Tunisia, United Arab Emirates,
Yemen.
III. Purposes of the League of Arab States
The
purposes of the League of Arab States as stated in its Pact and its resolutions
are the following: [21]
1) To strengthen the relations
between the member states.
2) To coordinate the policies of the
member states, in order to achieve cooperation between them and to safeguard
their independence and sovereignty.
3) To consider in a general way the
affairs and interests of the Arab counties.
4) To
cooperate the economic and financial affairs (including commercial
relations, customs, currency, agriculture and industry), communications
(including railroads, roads, aviation, navigation, telegraphs and posts),
cultural affairs, nationality, passports, visas, social affairs, health
problems, execution of judgments, and extradition of criminals.
5) To settle by peaceful means disputes
between the member states.
6) To consolidate and coordinate the
armed forces of the member states.
7) To determine measures to repel
aggression against any member. Any armed aggression against one is directed
against all, and consequently the league shall assist collectively and
individually the one attacked.
The above purposes are the minimum purposes
which the League are required to realize under its Pact. However, the Pact permits the member states
to conclude agreements establishing closer cooperation and stronger bounds
between them than those provided by it.[22]
IV. Organizational
Structure of the League of Arab States
The
Pact of the League of Arab States provided the establishment of three main
organs, namely: the League Council, Permanent Committees and the General
Secretariat. The “Joint Defense and
Economic Cooperation Treaty” concluded in 1950, establishment additional
organs, namely: the Joint Defense Council, Permanent Military Committee, the
Military Consultative Board, and the Economic Council. Furthermore, the Arab
League established specialized ministerial councils aiming at coordinating and
promoting the cooperation of the various activities of the member states. Moreover, it established unions concerning
various activities and industry. By all these bodies, the League of Arab States
can realize its purposes and objectives.
1. Council
of the League of Arab States [23]
The
Council is the Supreme Authority functioning within the Arab League. It
consists of all the Arab League Member States representatives, including the
Palestine Liberation Organization. Member States have the right in determining
the level of representation, to be at the level of Heads of States or at a
lesser level; the level of representation does not change the Council’s nature.
The Council meets twice a year. It can
convene in special session upon the request of two member states whenever the
need arises. Each member state has one
vote. Resolutions of the Council taken by unanimous vote are binding on all
Member States; resolutions not adopted by unanimous vote are binding only on
the assenting states.
The Council
is entrusted mainly to achieve the realization of the League’s purposes and to
supervise the agreements concluded by its members. In this regard, it is
endeavored to exercise the following functions:
1) Undertaking the necessary
measures to repel aggression against any member state.
2) Settlement, by peaceful means,
disputes and conflicts between the member states.
3) Laying down the basic internal
statute of the Council, Permanent Committees and the General Secretariat.
4) Determining and adopting the
Member States' quotas in the Arab League Budget.
5) Appointing the Secretary General
of the League of Arab States.
6) Determining means of co-operation
with International Organizations so as to maintain international peace and
security.
7) Carrying out the agreements
ratified by the Member States, in various fields.
2. Permanent
Committees [24]
The Pact of the Arab
League provides the formation of a number of permanent committees concerned
with all forms and activities of co-operation between the Member States. These
committees have to be increased in number and modernized, so as to keep pace
with the new developments occurring to the Arab relations. Each member state is represented by one
single representative having one single vote. Each permanent committee is
presided by a chairman appointed by the League Council for a period of two
years renewable. Meetings of a committee require the presence of the majority
of its members. Resolutions of a committee are adopted by majority votes of its
members.
The
Committees have the right to form sub-committees, to be concerned with
specialized technical affairs. They also
have the right to recommend for calling upon the Arab League Member States to
pass over their experience to the Committees.
3. General
Secretariat [25]
The General
Secretariat is the administrative organ of the League. It is headed by the Secretary General who is
appointed by the League Council for a period of 5 years renewable. It consists
of Assistant Secretaries General appointed by the Secretary General upon the
approval of the Council for a period of 5 years renewable, and of staff
appointed by the Secretary General. It
is divided into several departments concerned with political, economic, social,
and legal affairs.
The post of
the Secretary General of the League of Arab States has been in successive
rotation for 6 Secretaries, namely: Mr. Abdulrahman Azzam, Mr. Mohamed
Abdulkhalek Hassouna, Mr. Mohamed Riyad, Mr. Al-Shazly Al-Kaleiby, Dr. Esmat
Abdulmagiud, and Mr. Amre Moussa, who has been appointed as Secretary General
in 2001.
The Secretary General is entrusted with the
following responsibilities:
1) The right to attend the Arab
League Council, and take part in discussion of matters, presented to it.
2) The right to represent the Arab
League in international organizations.
3) Calling upon the Arab League
Council and its related permanent Committees, to hold meetings.
4) The right of drawing the
attention of the Council or the Arab
League Member
States
5) Preparing the Arab League Budget
6) Determining the dates of the Arab
League Council Session.
7) The right to speak on behalf of
the Arab League, as well as present the necessary data to the public opinion.
8) Follow-up of resolutions adopted
by the Arab League Council and its Committees.
9) The right to present verbal or
written reports or data relating to any subject discussed by the Council.
10) Organizing the related
secretarial work.
It is worth mentioning that the political
aspect relating to the Secretary General's activities has greatly developed
along with the large scale multi-dimensions and spheres of activities practiced
by the League of Arab States.
4. Joint
Defense Council [26]
The Joint Defense Council, established under the supervision of the
Council of League of Arab States, is entrusted to deal with all the affairs
related to the implementation of the provisions of the Joint Defense and
Economic Treaty. It comprises Ministers of Foreign Affairs and Defense of Member States, or whoever represent them. It is assisted by the Permanent Military
Committee. Resolutions adopted by
it with a majority of two third votes are binding on all Member States.
5. Permanent
Military Committee [27]
The
Military Committee comprises representatives of the Chiefs of Staff of the
armies of the Member States. It assists
the Joint Defense Council in the implementation of the provisions of the Joint
Defense and Economic Treaty. It is mainly entrusted to coordinate the joint
defense plans of Member States, prepare and facilitate its means and ways. It has the powers: to propose regulations
concerning the armed forces of the Member State; to propose the utilization of
various recourses of the Member States for the benefit of Military effort and
mutual defense; and to prepare the necessary data and statistics concerning the
various resources and the military capabilities of the Member States. It is required to submit its recommendations
and proposals to the Joint Defense Council. The Committee is located in Cairo , Egypt
6. Military
Consultative Board [28]
The
Military Consultative Board comprises the Chiefs of Staff of members’
armies. It supervises and coordinates
the activities of the Permanent Military Committee. It is presided by the
country having more ammunition and army forces, as long as there is no
unanimous Arab governmental approval for choosing another country.
7. Economic
Council [29]
The Economic Council comprises of Ministers
of Economic Affairs of Member States. It
is entrusted to coordinate and promote the cooperative economic activities of Member States Arab States
The specialized
ministerial councils are the following:
-
Council of Arab Ministers for Electricity.
-
Council of Arab Transportation Ministers.
-
Council of Arab Ministers for Health.
-
Council of Arab Ministers for Youth and Sports.
-
Council of Arab Housing and Construction Ministers.
-
Council of Arab Justice Ministers.
-
Council of Arab Ministers for Social Affairs.
-
Council of Arab Justice Ministers.
-
Council of Arab Ministers for Communications.
-
Council of Arab Ministers for Environmental Issues.
-
Council of Arab Ministers for Tourism.
9. Specialized
Organizations (Agencies)
The
Specialized Organizations established by the League are mainly the following:
-
The Arab Labor Organization.
-
The Arab Fund for Economic and Social Development.
-
The Arab League Educational, Cultural and Scientific Organization
(ALESCO)
-
The Arab States
-
The Arab Permanent Telecommunication Committee.
-
The permanent Arab Postal Committee.
10. Arab
Unions
The Arab
unions are the following:
-
General Arab Insurance Federation.
-
Arab Union of Land Transport.
-
Arab Sea Ports Federation.
-
Arab Federation of Chambers of Shipping.
-
Arab Association of Medical & Drug Equipment Manufactures.
-
Arab Association of Fish Producers.
-
Arab Association of Cement and Construction Materials.
-
Arab Association of Leather Works.
-
Arab Association of Iron and Steel.
-
Arab Association of Railroad Authorities.
-
Arab Association of Food Industries.
-
Arab Association of Maritime and Port Authorities.
-
Arab Association of Chemical Fertilizer Producers.
-
Arab Association of Maritime Carriers.
-
Arab Association of Textile Industries.
-
Arab Over-Land
-
Arab Association of Engineering – Industries.
-
Arab Association of Printing and Paper Industries.
-
Arab Association of Air Transport.
-
Association of Arab International Airports.
V. Achievements
of the League of Arab
States
Since its establishment, the League of
Arab States has been involving in political, economic, cultural, and social
activities designed to promote the interests of Member States
·
The League has served as a forum for Member States Algiers , Sultanate of Oman,
South Yemen (before Yemen Unity) and the Sudan
·
The League has been taking part in the peaceful settlement of some
Arab-Arab conflicts, as for example: the Egyptian-Sudanese conflict in 1958,
the Moroccan-Algerian conflict in 1963, the Lebanese-Lebanese crises in 1975,
and the Yemeni-Yemeni conflict in 1987.
·
The Arab League has served as a platform for the drafting and
conclusion of almost all landmark documents promoting various cooperation among
Member States, such as the conclusion of the “Joint Arab Economic Action
Charter”, which set out the principles for economic activities of the League,
and the conclusion of the “Joint Defense and Economic Cooperation Treaty”,
which connected between the economic and strategic aspects.
·
The League has established a group of specialized organizations and
unions, formed to deal with various affairs and matters relating to manpower,
economic and social development, scientific and cultural affairs, means of
communication and information, as for example : "The Arab Labor
Organization", "The Arab Fund for Economic and Social
Development", “The Arab League Educational, Cultural and Scientific
Organization (ALESCO)", "The Arab States Broadcasting Union
(ASBU)", and "The Arab Permanent Telecommunication Committee”.
·
The League of Arab States has exerted remarkable identified efforts in
regular and continuous coordination with its various affiliated bodies, so as
to activate the Arab Trade Union Labor. This has motivated the rise of Arab
lawyers, doctors, journalists, juries and workers Unions etc.
·
The League has represented the Arab countries in various arenas and
international organizations, such as the United Nations and its Specialized
Organizations, and several regional organizations.
·
The League has played an important role in shaping school curricula,
and preserving manuscripts and Arab cultural heritage. The league has launched
literacy campaigns, and reproduced intellectual works, and translated modern
technical terminology for the use of member states. It has also fostered cultural exchanges between
Member States.
·
The League has encouraged measures against crime and drug abuse.
·
The League has dealt with labor issues, particularly among the emigrant
Arab workforce.
·
The League has encouraged youth and sports programs, helped to advance
the role of women in Arab societies, and promoted child welfare activities.
Chapter Two
Cooperation Council for the Arab
States
I. Origin
and Founding of the GCC
On May 25 1981, the leaders of the United
Arab Emirates, State of Bahrain, State of Kuwait, Sultanate of Oman, State of
Qatar and Kingdom of Saudi Arabia
met in Abu Dhabi , United Arab Emirates
The establishment of the GCC in May 1981
came as a final stage in the process initiated in the previous months. On 4 February 1981, at their meeting held in Riyadh , Saudi Arabia ,
the Foreign Ministers of the United Arab Emirates ,
State of Bahrain, State of Kuwait, Sultanate of Oman, State of Qatar and Kingdom of Saudi Arabia Muscat , Oman , the Foreign Ministers of the six Gulf States
The
establishment of the GCC was not a product of the moment but an institutional
embodiment of a historical, social and cultural reality. Deep religious and
cultural ties link the six states, and strong kin relations prevail among their
citizens. All these factors, enhanced by one geographical entity extending from
sea to desert, have facilitated contacts and interaction among them, and
created homogeneous values and characteristics.
Therefore, while, on one hand, the GCC is a continuation, evolution and
institutionalization of old prevailing realities, it is, on the other, a
practical answer to the challenges of security and economic development in the
area. It is also a fulfillment of the aspirations of its citizens towards some
sort of Arab regional unity.
The GCC was
further expanded in the field of military cooperation. During the 21st session of the Supreme Council held in Kingdom of Bahrain
II. Status and Membership of the GCC
The GCC is a regional organization formed of the six Arab States on the western side of the
Gulf that participated in the Foreign Ministers' meeting held in Riyadh Riyadh , Saudi Arabia
The GCC and its
organs and bodies enjoy on the territories of all member states such legal
competence, privileges and immunities as are required to realize their
objectives and carry out their functions.[35] Representatives of
the members on the Council, and the Council's staff, enjoy such privileges and
immunities established for similar organizations, and those specified in the
agreements concluded for this purpose between the member states.[36]
The headquarters agreement organizes the relation between the Council and the Kingdom of Saudi Arabia
The budget of
the Council consists of contributions in equal amounts by member states, and of
their donations.[38]
III. Objectives of the GCC
By establishing the GCC, the six Arab Gulf States aim: (a) to strengthen political and economic cooperation and to promote greater solidarity between them in view of the recurring threats to the region’s stability; (b) to establish between them a community whose scope of activity embraces the economic and financial affairs, as well as education, culture, social affairs, health, transportation, communications, trade, customs, oil, energy, water and legislation; and (c) to join efforts to preserve and defend their sovereignty, territorial integrity and independence, as well as to ensure stability of the Gulf region which should remain outside the sphere of international conflicts.
To realize these aims, the Charter of the GCC states the basic objectives of the Council as the following:[39]
1. To effect coordination,
integration and inter-connection between Member States in all fields in order
to achieve unity between them.
2. To deepen and
strengthen relations, links and areas of cooperation between their peoples in
various fields.
3. To formulate similar
regulations in various fields including the following:
a. Economic and
financial affairs.
b. Commerce, customs and
communications.
c. Education and
culture.
4. To stimulate
scientific and technological progress in the fields of industry, mining,
agriculture, water and animal resources.
5. To establish scientific research.
6. To establish joint ventures and encourage
cooperation by the private sector for the good of their peoples.
IV. Organizational Structure of the GCC
The GCC
achieves its objectives through its main organs: (1) The Supreme Council to
which shall be attached the Commission for Settlement of Disputes; (2) The Ministerial Council; and (3) The Secretariat
General. Each of these organs may
establish sub-agencies as may be necessary to assist it in performing its
functions.[40]
1. The Supreme Council [41]
The Supreme Council is the highest authority of the GCC. It is formed of the Heads of Member States. Each member of the Supreme Council shall have one vote. The presidency of the Supreme Council rotates according to the Arabic alphabetical order of the names of Member States. The Supreme Council convenes one regular session every year. However, extraordinary sessions may be convened at the request of any
Meetings of the Supreme Council are considered valid if attended by two-thirds of the Member States, at which each has one vote. Resolutions on substantive matters are issued by unanimous approval of the members present, while a majority is enough to approve those of procedural nature.
The Supreme Council is entrusted to perform certain functions aiming to achieve the Council’s objectives. Among these functions are:
1. To review matters of
interest to the member states.
2. To lay down the
higher policy for the GCC and the basic lines it should follow.
3. To review the
recommendations, reports, studies and joint ventures submitted by the
Ministerial Council for approval.
4. To review reports and
studies, which the Secretary-General is charged to prepare.
5. To approve the rules
of procedure of the Commission for the Settlement of Disputes and nominate its
members.
6. To appoint the
Secretary General.
7. To approve the budget
of the Secretariat General.
Attached to the Supreme Council, (a)
the Commission for the Settlement of Disputes, and (b) the Consultative
Commission.
(a) The Commission
for the Settlement of Disputes: [42]
It may be formed by the Supreme Council for every case on an ad-hoc basis in
accordance with the nature of the dispute.
If a dispute arises over interpretation or implementation of the Charter
and such dispute is not resolved within the Ministerial Council or the Supreme
Council, the Supreme Council may refer such dispute to the Commission for the
Settlement of Disputes. The Commission
shall submit its recommendations or opinion to the Supreme Council.
(b)
The Consultative Commission:
It is composed of thirty GCC citizens (five from each Member States)
chosen according to their experience and qualification for a period of three
years. The Consultative Commission is charged with studying matters referred to
it by the Supreme Council.
2. The
Ministerial Council [43]
The
Ministerial Council is composed of the Ministers of Foreign Affairs or other
ministers acting on their behalf. Presidency of the Ministerial Council is
entrusted with the Member State that presided the last ordinary session of the
Supreme Council, or when necessary, with the Member State Member State
Among other functions, the Ministerial Council is mainly authorized to:
1. Propose policies,
prepare recommendations, studies and projects aimed at developing cooperation
and coordination between member states in various fields and adopt the
resolutions or recommendations required in this regard.
2. Encourage, develop
and coordinate activities existing between member states in all fields.
Resolutions adopted in such matters shall be referred to the Ministerial Council
for further submission, with recommendations to the Supreme Council for
appropriate action.
3. Encourage means of
cooperation and coordination between the various private sector activities,
develop existing cooperation between the member states' Chamber of Commerce and
Industry, and encourage the movement within the GCC of workers who are citizens
of the member states.
4. Appoint the Assistant
Secretaries General, as nominated by the Secretary General, for a period of
three year, renewable.
5. Make arrangements for
meetings of the Supreme Council and prepare its agenda
3. The Secretariat General [44]
The Secretariat General is the administrative organ of the GCC. It is charged, among other functions, to:
1. Prepare studies
related to cooperation and coordination, and to integrated plans and programmes
for member states' action.
2. Prepare periodic
reports on the work of the Cooperation Council.
3. Follow up the
implementation by the member states of the resolutions and recommendations of
the Supreme Council and Ministerial Council.
4. Prepare reports and
studies requested by the Supreme Council or Ministerial Council.
5. Prepare the budgets
and closing accounts of the Cooperation Council.
6. Make preparations for
meetings and prepare agendas and draft resolutions for the Ministerial Council.
7. Recommend to the
Chairman of the Ministerial Council the convening of an extraordinary session
of the Council when necessary.
8. Any other tasks
entrusted to it by the Supreme Council or Ministerial Council.
The Secretariat General is headed by a Secretary General who is appointed by the Supreme Council for a period of three
years renewable only once. The Secretary-General is directly responsible for the work
of the Secretariat General and the smooth flow of work in its various organs
and institutions. He represents the GCC
with other parties within the limits of the authority vested in him. He nominates the three Assistant Secretaries
General for political, economic and military affairs. He appoints Directors General of the sectors
of the Secretariat General, as well as other staff.
The
administrative structure of the Secretariat General consists of a number of
sectors: Political Affairs; Economic Affairs; Military Affairs; Human and
Environment Affairs; Legal Affairs; Office of the Secretary-General; Finance
and Administrative Affairs; Patent Bureau; Administrative Development Unit;
Internal Auditing Unit; and Information Centre, and the Telecommunications
Bureau in Bahrain.
V. Achievements
of the GCC
Since its establishment, the GCC has been
working to achieve its objectives. Many
successes have been achieved in many fields, namely: the foreign affairs;
military, defense and security affairs; economic affairs; finance and monetary
affairs; industrial affairs; social affairs; legal affairs; planning and
development; health; education; youth, sports and scouts; information and
media; Environment; science and technology; oil and gas; electricity and water;
and transportation and communication.
Among the most important achievements are:
·
In the foreign affairs’ cooperation: providing a number of instrument
and channels of consultation and coordination of external policies at various
levels, such as GCC Summits and periodic Ministerial Council meetings, as well
as the attendances of various regional and international gatherings. All these have let to the formulation of a homogeneous Gulf stance towards political and security
issues of interest at regional, Arab and international levels, and have made
GCC to speak and to deal, as one group,
with the whole world by proposing identical points of view and negotiating the
common interests of its members with other countries and international
organizations.
·
In the military
cooperation: the creation of the Peninsula Shield Force in 1982, the
unification of their military policies, and the coordination of their
capabilities.
·
In the security cooperation: the conclusion of the security agreement
in 1994, the repeal of entry visas and residence
permit requirements for the GCC citizens traveling to other GCC Member States,
and the unification of systems and rules
regarding naturalization, border and coast guards.
·
In the legal cooperation: the approval or ratification of
certain legal instruments, such as: the agreement on the execution of judgments,
appointments of attorneys, and serving of legal notices (approved in 1995); the
Muscat Instrument for a Unified Personal Law for the GCC (ratified in 1996);
the Kuwait Instrument for the Unified Civil Law (ratified in 1997); and the
Doha Instrument of the Unified Penal Code (ratified in 1997).
·
In the economic cooperation: the conclusion of the Unified
Economic Agreement (ratified in 1981), which provides the general framework for
cooperation in many spheres, such as trade, industry, money and finance, oil
and gas, electricity and water, transportation and communication, and planning
and development. Also, the establishment of the free trade zone in 1983.
Chapter Three
Organization of the Islamic Conference
(OIC) [45]
I. Origin
and Founding of the OIC
The Organization of the Islamic Conference
(OIC) was established in Rabat , Kingdom of Morocco ,
on 25 September 1969, at the First summit of the leaders of the Islamic world
held in this city in the wake of the criminal arson perpetrated on 21 August
1969 by Zionist elements against Al-Aqsa Mosque, in occupied Jerusalem Al-Quds
Six months after that historical summit in
Rabat Jerusalem
Two and a
half years after Rabat
II. Status
and Membership of the OIC
The Organization of the Islamic Conference (OIC) is an
inter-governmental organization grouping fifty-seven States who decided to pool
their resources together, combine their efforts and speak with one voice to
safeguard the interest and ensure the progress and well-being of their peoples
and those of other Muslims in the World.
It is financed by contributions and donations of its members. Its headquarters is located in Jeddah, the Kingdom of Saudi Arabia
The OIC is made up of the States which
took part in the Conference of Kings and Heads of State and Government held in Rabat and the two Foreign Ministers' Conferences held in
Jeddah and Karachi Muslim
State
Any Member State
The 57
members of the OIC are: Afghanistan,
Albania, Algeria, Azerbaijan, Bahrain, Bangladesh, Benin, Burkina Faso, Brunei,
Cameroon, Chad, Comoros, Côte d'Ivoire, Djibouti, Egypt, Gabon, Gambia, Guinea,
Guinea-Bissau, Guyana, Indonesia, Iran, Iraq, Jordan, Kuwait, Kazakhstan, Kyrgyzstan,
Lebanon, Libya, Maldives, Malaysia, Mali, Mauritania, Morocco, Mozambique,
Niger, Nigeria, Oman, Pakistan, Palestine, Qatar, Saudi Arabia, Senegal, Sierra
Leone, Somalia, Sudan, Surinam, Syria, Tajikistan, Turkey, Tunisia, Togo,
Turkmenistan, Uganda, Uzbekistan, United Arab Emirates, Yemen.
Besides
members there are certain states and organizations with observer status.
Observer
states are: Bosnia and
Herzegovina , Central
African Republic , Russia
and Thailand
Observer
Muslim organizations are:
Moro National Liberation Front, Turkish
Cypriot State
Observer
international organizations are: Economic Cooperation Organization, African Union, League of Arab
States, Non-Aligned Movement, and the United Nations.
III. Aims
of the OIC
Under the OIC Charter, the Organization
aims:[50]
1. To promote Islamic
solidarity among Member States;
2. To consolidate
cooperation among Member States in the economic, social, cultural, scientific
and other vital fields of activities;
3. To carry out
consultations among Member States in international organizations;
4. To endeavor to
eliminate racial segregation, discrimination and to eradicate colonialism in
all its forms;
5. To take necessary
measures to support international peace and security founded on justice;
6. To coordinate efforts
for the safeguarding of the Holy Places and support of the struggle of the
people of Palestine
7. To back the struggle
of all Muslim people with a view to preserving their dignity, independence and
national rights.
8. To create a suitable
atmosphere for the promotion of cooperation and understanding among Member
States and other countries.
IV. Principles of the OIC
The Charter of the OIC
enumerates principles which OIC Member States undertake to inspire themselves
from, in order to achieve the objectives of the Organization, and which govern
the activities of the Conference .
These principles are:[51]
a. Total equality
between Member States;
b. Respect of the right
of self-determination, and non-interference in the domestic affairs of Member
States;
c. Respect of the
sovereignty, independence and territorial integrity of each Member States;
d. Settlement of any conflict
that may arise by peaceful means such as negotiation, mediation, reconciliation
or arbitration;
e. Abstention from the
threat or use of force against the territorial integrity, national unity or
political independence of any Member States.
V.
Organizational Structure of the OIC
In order to achieve its objectives, the
Organization has main organs, secondary organs, committees and specialized institutions. The most important bodies are:
(A) Main Organs
The Islamic Conference is composed of the
following main bodies: [52]
1.
The Conference of Kings and Heads of State and
Government (known as the Islamic Summit Conference):[53] It is the supreme authority of the Organization which
meets once every three years to lay down the Organization’s policy, to discuss
issues concerning the Islamic world, and to elect the Chairman of the
Organization who holds office until next session.
2.
The Conference of Foreign Ministers:[54] It meets once a year to examine a progress report on
the implementation of the decisions taken within the framework of the policy
defined by the Islamic Summit. It has the power to adopt resolutions on matters
of common interest in accordance with the aims and objectives of the Conference
set forth in its Charter. It is also
responsible to prepare for the meetings of the Kings and Heads of State and
government. Moreover, it elects the
Secretary General and his assistants.
3.
The General Secretariat:[55] It is the third body of the OIC and the
Organization's executive organ. It was established by the First Islamic
Conference of Foreign Ministers, held in Jeddah, Kingdom of Saudi Arabia
Beside the
above main organs, there are several standing committees and specialized
institutions.
(B) Standing
Committees
In order to coordinate and boost its action, align its view points and
stands, and be credited with concrete results in the various fields of
cooperation (political, economic,
cultural, social, spiritual and scientific, among Member States), the
Organization has created different committees, nearly all, at ministerial
level, however, a number of which are chaired by Heads of State. Among these committees are:
1. The Al-Quds
Committee.
2. The Standing Committee for Information and
Cultural Affairs.
3. The Standing Committee for Economic and Trade
Cooperation.
4. The Standing Committee for Scientific and
Technical Cooperation.
5. The Islamic Peace Committee.
(C) Specialized
Institutions
The number and types of secondary organs and institutions, working
toward the achievement of the OIC objectives, have been steadily increasing,
and cover various areas of cultural, scientific, economic, legal, financial,
sports, technological, educational, media, as well as vocational, social and
humanitarian. Depending on their degree of autonomy vis-à-vis the parent
organization, they are classified as subsidiary and specialized organs, or
affiliated institutions. To-date, four specialized institutions have been
established and they are located in different capitals and cities in the
Islamic World - they are the following:
·
Islamic Development Bank (IDB), in Jeddah (Kingdom of Saudi Arabia
·
Islamic Educational, Scientific and Cultural Organization
(ISESCO), in Rabat (Kingdom
of Morocco
·
Islamic States Broadcasting Organization (ISBO), in Jeddah (Kingdom of Saudi Arabia
Chapter Four
The European Union (EU) [56]
I. Origin
and Founding of the EU
The
European Union (E.U) was established by the Treaty of Maastricht (known as the
Treaty on the European Union) signed on February 7, 1992, and came into force
on November 1, 1993.[57] This establishment was a new step, but not
the last, in a long process initiated in 1951 to create an ever closer union
among the peoples of Europe .
The initial
step toward European integration took place in 1951. On April 18, 1951, the Treaty of Paris
established the European Coal and Steel Community (ECSC). The Treaty provided for: (a) the elimination
of tariffs and quotas on trade within the community in iron ore, coal, and
steel; (b) common external tariffs on imports relating to the coal and steel
industries from other countries; and (c) controls on production and sales. To
supervise the operation of the ECSC, the Treaty established several
supranational institutions.
On March
25, 1957, the Treaty of Rome established the Economic European Community (EEC)
[It was referred to as the European Common Market], and the European Community
of Atomic Energy (Euratom). The EEC
Treaty provided for: (a) the gradual elimination of import duties and quotas on
all trade between Member States and for the institution of a common external
tariff; (b) the implementation of common policies regarding transportation,
agriculture, and social insurance; and (c) the free movement of peoples and
funds within the boundaries of the Community.
Both the EEC and the Euratom treaties created separate high commissions
to oversee their operations.
In July 1967,
the three Communities, the EEC, the ECSC and Euratom, fully merged as the
European Community (EC). In February
1986, the EC Member States signed the Single European Act (SEA), a package of
amendments and additions to the existing EC treaties. On February 7, 1992, the Treaty of Maastricht
was signed amending the treaties of EC and linking the three communities of the
EC together by a common organizational structure, and consequently establishing
the European Union (EU) built around the existing Communities. The Treaty of Maastricht was intended to
expand political, economic and social integration among the Member States, and
furthermore, to establish Economic and Monetary Union (EMU) among them.
The Treaty
of Maastricht was amended by the Treaty of Amsterdam which was signed on
October 2, 1997 and came into force in 1999 (the Treaty of Amsterdam
In May
1998, the EU agreed to adopt a single European currency, the Euro, and to establish
the European Central Bank (ECB) to oversee the new currency and to take charge
of the monetary policies of the EU. On
January 1, 1999, the Euro was officially put in circulation. In 2002, the currency of countries that
adopted the Euro ceased to exist (the United Kingdom
On February 26, 2001, the Treaty of Nice
was signed; it was entered into force on February 1, 2003. The Treaty of Nice was concluded to amend
the Treaty on the European Union, the Treaty Establishing the European
Community, and certain related acts. It
dealt mostly with reforming the EU institutions so that the Union
could function efficiently after its enlargement to 25 Member States. The
Treaty of Nice and the former Treaties of the EU have been merged into one
consolidated version.
II. Status
and Membership of the EU
The EU is an international regional
organization within the framework of Chapter VIII of the Charter of the United
Nations. It is an organization of European countries dedicated to increasing
economic integration and strengthening cooperation among its members. Nevertheless, it is a unique organization; it
is not a federation like the United
States
The European Union headquarters is located in Brussels , Belgium Union
embraces 27 Member States.[58]
Between January 1995 and May 2004, the Union
composed of 15 members. The 15 Member States of the Union were: Austria , Belgium ,
Denmark , Finland , France ,
Germany , Greece , Ireland ,
Italy , Luxembourg , Netherlands ,
Portugal , Spain , Sweden ,
and the United Kingdom
In May 2004, ten new members joined the
Union, bringing its members to 25; these states were eight countries of central
and eastern Europe, namely the Czech Republic, Estonia, Latvia, Lithuania,
Hungary, Poland, Slovenia and Slovakia, and two other countries, namely Cyprus
and Malta. In January 2007, two new
members, namely Bulgaria and
Romania joined the Union , bringing the members to 27.
III.
Principles of the EU
The Union is founded on the principle of liberty, democracy,
respect for human rights and fundamental freedom, and the rule of law,
principles which are common to the Member States. Moreover, the Union
respects the national identities of the Member States. [59]
IV.
Objectives of the EU
The Treaty of the European Union sets the
following objectives as the objectives of the Union :[60]
a.
To promote economic and social progress and a high level of employment
and to achieve balanced and sustainable development, in particular through the
creation of an area without frontiers;
b.
To assert its identity on the international scene, in particular
through the implementation of common foreign and security policy including a
common defense policy;
c.
To strengthen the protection of the rights and interests of the
nationals of its Member States through the introduction of a citizenship of the
Union ;
d.
To maintain and develop the Union as
an area of freedom, security and justice.
V.
Organizational Structure of the EU
The major governing institutions of the
E.U are: the European Commission, the
Council of the European Union, the European Parliament, the European Court of
Justice, the European Court of Auditors, and the European Central Bank.[61] Alongside, there are a number of other bodies that play specialized roles such as the European Economic and Social
Committee, the Committee of the Regions, the European Investment Bank, and the European Ombudsman.[62] In addition, specialized agencies have been set up to handle
certain technical, scientific or management tasks.
1) European
Commission [63]
The
European Commission is the highest administrative body of the Union . It is independent
of national governments. Its job is to represent and uphold the interests of
the EU as a whole. It consists of
27 members (commissioners) who are appointed by the
Council, acting by qualified majority, for a period of five years,
renewable. The Council acts on the
common accord of the member governments (each Member State Union ,
be completely independent in the performance of their duties, and must not seek
or take instructions from any government or from any other body.
The Commission is EU executive arm. It is responsible for managing the day-to-day
business of the European Union: (a) proposing legislation to Parliament and the
Council; (b) implementing its policies and running its programmes; (c) managing
its budget; (d) enforcing its law; and (e) representing it on the international
stage, for example by negotiating agreements between the EU and
other countries.
The
Commission works under the political guidance of its President. It meets
regularly, and acts by the majority of its members. It is politically accountable to Parliament,
which has the power to dismiss the whole Commission by adopting a motion of
censure. Individual members of the
Commission must resign if asked to do so by the President, provided the other
commissioners approve.
The Commission attends all the sessions of
Parliament, where it must clarify and justify its policies. It also replies regularly to written and oral
questions posed by members of the Parliament.
The day-to-day running of the Commission
is done by its administrative officials, experts, translators, interpreters and
secretarial staff.[64] The ‘seat’ of the Commission is in Brussels (Belgium ),
but it also has offices in Luxembourg
2) Council
of the European Union [65]
The Council of the EU is the primary
decision-making body of the EU, and the most important and powerful one. It represents the governments of the Member
States. It consists of 27 government
ministers, one from each Member States.[66] Its meetings are attended by ministers
concerned with the subjects on the agenda.
Each minister in the Council is empowered to
commit his or her government, i.e., the minister’s signature is the signature
of the whole government. Moreover, each
minister in the Council is answerable to his or her national parliament and to
the citizens that parliament represents; this ensures the democratic legitimacy
of the Council’s decisions.
The office of the Council’s President
rotates every six month. The Council
meets when convened by its President on his own initiative or at the request of
one of its members or the Commission. The Presidency is assisted by the General Secretariat,
which prepares and ensures the smooth functioning of the Council's work at all
levels. The Council acts by a
simple majority vote of its members on a few minor issues, or by a qualified
majority vote (QMV) on important issues.
In QMV, each Member
State
The primary
responsibility of the Council is to ensure the attainment of the objectives of
the Union through decisions and coordination
of the general policies of the Member states.
In this regard it has been entrusted with the following six key
responsibilities:[68]
1.
To pass European laws, jointly with the European Parliament
in many policy areas.
2.
To co-ordinate the broad economic policies of the member
states.
3.
To conclude international agreements between the EU and
other countries or international organizations.
4.
To approve the EU budget, jointly with the European
Parliament.
5.
To develop the EU Common
Foreign and Security Policy (CFSP) based on guidelines set by the
European Council.
6.
To co-ordinate co-operation between the national courts and police
forces in criminal matters.
3) European
Parliament (EP) [69]
The
European Parliament (EP) consists of representatives of the peoples of the States,
members of the Union . Its members (EMPs) are directly elected by the citizens of the European Union to represent their
interests, for a term of five years. Direct
elections to the EP were implemented in 1979; before this time, members were
appointed by the legislatures of the member States. Elections are held
every five years, and every EU citizen who is on an electoral roll is entitled
to vote. Parliament thus expresses the
democratic will of the Union 's citizens (more
than 490 million people), and represents their interests in discussions with
the other EU institutions.
The number of the representatives elected
by each Member States is in a proportion roughly appropriate to its
population. The
present parliament has 785 members from all 27 EU countries.[70] Nearly one third of them are women. Members of the European Parliament (MEPs) do
not sit in national blocks, but in seven Europe-wide political groups, among
them, there are those presenting all views on European integration, from the
strongly pro-federalist to the openly Eurocentric.
The E.P holds an annual session on
the second Tuesday in March, and may meet in extraordinary session at the
request of a majority of its members or the request of the Council or the
Commission. It elects its President and
its officers from among its members. It
acts by an absolute majority, save as otherwise provided in the Treaty on the Union .
The European Parliament has three places
of work: Brussels
(Belgium ), Luxembourg and Strasbourg
(France Luxembourg Strasbourg and
sometimes in Brussels Brussels
The EP was
originally designed merely as an advisory body; however, its right to
participate in EU decision making process was granted to it by later
treaties. Nowadays, the EP has the
following responsibilities:
1. Passing European
laws, jointly with the Council in many policy areas.
2. Exercising democratic
supervision over the other EU institutions, and in particular the Commission. It discusses
the annual general report submitted to it by the Commission. It has the power to approve or reject the nomination of
commissioners, and the right to censure the Commission as a whole or any of its
members.
3.
Influencing the EU budget. Parliament
shares with the Council authority over the EU budget and can therefore
influence EU spending. At the end of the
procedure, it adopts or rejects the budget in its entirety.
4.
Vetoing the accession of a new member to the Union .
Notably,
the influence of the E.P is essentially negative. It can block but rarely initiate
legislation. Its consultative opinions
can be ignored. It has no power over the
Council of the EU.
4) The
European Court of Justice (ECJ) [71]
The
European Court of Justice (ECJ) is the judicial arm of the EU. It is based in Luxembourg Member State
The
ECJ is responsible for the implementation of the treaties of the Union and the
laws that the EU establishes for itself and for its Member States: it ensures
that the other EU institutions and the Member States conform with the
provisions of the EU treaties and legislations, and ensures that the EU treaties and legislations are interpreted and applied in
the same way in all EU countries, so that the law is equal for everyone. The Court also has
the power to settle legal disputes between EU Member States, EU institutions,
businesses and individuals.
Notably,
the ECJ has no direct link with the national courts and no control over how
they apply and interpret national law, but it has established that the EU laws
supersede national law.
The ECJ is
assisted by eight “Advocates General”.
The role of the Advocates General is to present reasoned opinions on the
cases brought before the Court; they must do so publicly and impartially.
5) The European Court of
Auditors [72]
The European Court of Auditors consists of 27 members; one member from each EU states, appointed
by the Council for a renewable term of six years. The members elect one of them as President
for a renewable term of three years.
The Court of Auditors is based in Luxembourg
6) The European Central
Bank [73]
The European Central Bank (ECB) was set up
in 1998, under the Treaty on European Union, and it is based in Frankfurt (Germany
To carry out its role,
the ECB works with the European System of Central Banks (ESCB) which covers all
27 EU Member States. However, only 13 of
these members have so far adopted the euro.
The 13 members collectively make up the “euro area” and their central
banks, together with the ECB, make up what is called the “Eurosystem”. The ECB, working closely with the national
central banks, prepares and implements the decisions taken by the Eurosystem
decision-making bodies: the Governing Council, the Executive Board and the
General Council.
The ECB works in complete
independence. Neither the ECB, the
national central banks of the Eurosystem, nor any member of their
decision-making bodies can ask for or accept instructions from any other body.
The EU institutions and member state governments must respect this principle
and must not seek to influence the ECB or the national central banks.
VI. Achievements of the EU
The
European unity has come a long way since the first initial step of 1951, from a
mere economic cooperation between few European states, in specific areas, to a
comprehensive cooperation between a large number of European states, in almost
all fields. The European Union (EU) is
the keystone for such comprehensive cooperation. It is the organization which provides the
framework for cooperation in economic and monetary, foreign and security, and
justice and home affairs between its Members, the 27 European States.
Since its
establishment in 1992, the EU has been working hard for greater integration and
consolidation among its Member States.
The membership of the EU has grown from 15 to 27 states. The EU has succeeded in establishing its
supranational institutions and their supranational functions. It has succeeded in developing a common body of law, common policies and practices, and a
great deal of cooperation among its members.
Particularly, it has formalized common policies in combating crime,
especially drug trafficking, and in visa issues, immigration, external border
controls and asylum. It has adopted the
single European currency, the Euro. It
has greatly succeeded in developing a culture of collaboration between its
Members.
Regarding
the major objective of the EU to have a common foreign policy, to speak with
one voice and to have a single policy position on world issues, the EU has
succeeded in achieving common economics and trade policy with states outside
the Union .
Bilateral and multilateral trade agreements have been signed between the
EU and most developing countries. Common
political positions, however, have been adopted in certain situations, not in
all situations facing the Union ; this has been
due to conflicts between national interests of the Member States. EU ambassadors in foreign capitals and at the
United Nations collaborate closely, and EU member states develop common foreign
policy statements.
In
conclusion, it is not an exaggeration to say that the EU has become a fact of
life on the international stage. It has
succeeded in occupying an essential and central place in Europe
and in the World.
Chapter Five
I. Origin and Founding of the AU
The African Union (AU), founded in July
2002, is the successor organization to the Organization of African Unity (OAU).[75] The OAU was founded on May 25, 1963 as an
organization of African nations.[76] The main objectives of the OAU were, inter
alia, to rid the continent of the
remaining remnants of colonization and apartheid; to promote unity and
solidarity among African States; to coordinate and intensify cooperation for
development; to safeguard the sovereignty and territorial integrity of Member
States and to promote international cooperation within the framework of the
United Nations.
At the time of the OAU founding, African
leaders disagreed about what kind of organization it should be. Some leaders pushed for the creation of a
central government that would unite all of Africa
under one authority. However, many of
the nations had just recently gained independence from colonial rule and their
leaders opposed the idea. The leaders eventually
reached a compromise but in so doing created an organization that is controlled
by its member nations, leaving it with little power to act on its own. Nonetheless, the organization has helped
strengthen ties among African nations and settle disputes. But it has also faced many problems that have
undermined its ability to achieve its goals.
African countries, in their quest for
unity, economic and social development under the banner of the OAU, have taken
various initiatives and made substantial progress in many areas which paved the
way for the establishment of the AU. In
July 1999, the Assembly of the OAU decided to convene an extraordinary session
to accelerate the process of economic and political integration in the
continent. The extraordinary session of
the OAU was convened at the Sirte (Libya) in September 1999 where the Heads of
State and Governments of the OAU issued the Sirte Declaration calling for the
establishment of an African Union, for the objectives, inter alia, to accelerate
the process of integration in the continent to enable it play its rightful role
in the global economy while addressing multifaceted social, economic and
political problems compounded as they are by certain negative aspects of
globalization. Since then, three Summits
were held leading to the official launching of the African Union in July 2002:
·
The Lome (Togo )
Summit (2000) adopted the Constitutive Act of
the Union .
·
The Lusaka (Zambia )
Summit
·
The Durban (South
Africa ) Summit
The launching of the African Union (AU) in
July 2002 at the Durban Summit can be considered as an event of great magnitude
in the institutional evolution of the African continent.
II. Status and Membership of the AU
The AU is a regional organization within
the framework of Chapter VIII of the Charter of the United Nations. It is modeled after the European Union (EU),
to be Africa 's premier institution and
principal organization for the promotion of accelerated socio-economic
integration of the continent, which will lead to greater unity and solidarity
between African countries and peoples. It
is based on the common vision of a united and strong Africa and on the need to
build a partnership between governments and all segments of civil society, in
particular women, youth and the private sector, in order to strengthen
solidarity and cohesion amongst the peoples of Africa . As a continental organization, the AU focuses
on the promotion of peace, security and stability on the continent as a
prerequisite for the implementation of the development and integration agenda
of the Union .
The African Union has 53
member states, including almost all of the nations of the continent; the Kingdom of Morocco
withdrew from the Union in objection to the
membership of the Sahrawi Arab Democratic Republic. The headquarters of the Union, as of its
predecessor, is in Addis Ababa ,
Ethiopia
III. Objectives of the AU
The AU is founded for the
following objectives:[77]
1.
To achieve greater unity and solidarity between the African countries
and the peoples of Africa ;
2.
To defend the sovereignty, territorial integrity and independence of its
Member States;
3.
To accelerate the political and socio-economic integration of the
continent;
4.
To promote and defend African common positions on issues of interest to
the continent and its peoples;
5.
To encourage international cooperation, taking due account of the
Charter of the United Nations and the Universal Declaration of Human Rights;
6.
To promote peace, security, and stability on the continent;
7.
To promote democratic principles and institutions, popular
participation and good governance;
8.
To promote and protect human and peoples' rights in accordance with the
African Charter on Human and Peoples' Rights and other relevant human rights
instruments;
9.
To establish the necessary conditions which enable the continent to
play its rightful role in the global economy and in international negotiations;
10.
To promote sustainable development at the economic, social and cultural
levels as well as the integration of African economies;
11.
To promote co-operation in all fields of human activity to raise the
living standards of African peoples;
12.
To coordinate and harmonize the policies between the existing and
future Regional Economic Communities for the gradual attainment of the
objectives of the Union ;
13.
To advance the development of the continent by promoting research in all
fields, in particular in science and technology;
14.
To work with relevant international partners in the eradication of
preventable diseases and the promotion of good health on the continent.
IV. Organizational Structure of the AU
The AU consists of the following main organs:[78]
1. The Assembly [79]
The Assembly is composed of Heads of State and Government of member states, or their duly accredited representatives. It is the supreme organ of the
2. The Executive Council [80]
The
Executive Council is composed of ministers designated by the Governments of
Members States. It is accountable to the
Assembly. It prepares materials for the
Assembly to discuss and approve.
3. The African Commission [81]
The Commission is composed of ten
commissioners (the Chairperson, the Deputy Chairperson, eight Commissioners and
Staff members); each Commissioner shall be responsible for a portfolio. As the secretariat of the Union ,
the Commission is responsible for the administrative issues and coordination of
the Union activities and meetings. It is
the key organ playing a central role in the day-to-day management of the
African Union. Among others, it represents the Union and defends its interests;
elaborates draft common positions of the Union; prepares strategic plans and
studies for the consideration of the Executive Council; elaborates, promotes,
coordinates and harmonizes the programmes and policies of the Union; ensures
the mainstreaming of gender in all programmes and activities of the Union.
4. The Permanent Representatives' Committee [82]
The Permanent Representatives’ Committee
is composed of Permanent Representatives of Member States accredited to the Union . It is
charged with the responsibility of preparing the work of the Executive Council.
5. Peace and Security Council (PSC)
By decision AHG/Dec 160 (xxxvii) of the
Summit of Lusaka, July 2001, a decision was made for the creation within the
African Union of the Peace and Security Council (PSC). The Protocol establishing the PSC is in the
process of ratification. The PSC will
have 15 members. It will be responsible
for monitoring and intervening in conflicts.
It will have an African force at its disposal.
6. Pan-African Parliament [83]
The Pan-African Parliament will be
composed of elected representatives from the five regions of Africa . It is the organ which will ensure the full
participation of African peoples in governance, development and economic
integration of the Continent. The protocol relating to the composition, powers,
functions and organization of the Pan-African Parliament has been signed by
Member States and is in the process of ratification.
7. Economic, Social and Cultural Council (ECOSOCC) [84]
The Economic, Social and Cultural Council
is an advisory organ. It will be
composed of different social and professional groups of the Member States of
the Union . The statutes determining the
functions, powers, composition and organization of the Economic, Social and
Cultural Council have been prepared and will be submitted to next summit.
8. The Court of Justice [85]
The Court of Justice of the Union shall be established. The statutes defining the composition and
functions of the Court of Justice have been prepared and will be submitted to
the next Assembly. The Court will rule
on human rights abuses in Africa .
Beside the above main organs, many specialized
technical committees and financial institutions are established or to be
established.
Specialized Technical Committees [86]
The following Specialized Technical Committees are meant to address sectoral issues and are at Ministerial Level:
- The Committee on Rural Economy and Agricultural Matters;
- The Committee on Monetary and Financial Affairs;
- The Committee on Trade, Customs and Immigration Matters;
- The Committee on Industry, Science and Technology, Energy, Natural
Resources and Environment;
- The Committee on Transport, Communications and Tourism;
- The Committee on Health, Labour and Social Affairs; and
- The Committee on Education, Culture and Human Resources.
Financial Institutions [87]
- The African Central bank
- The African Monetary Fund
- The African Investment Bank
V. Achievements of the AU
Since its establishment in July 2002, the
AU has been primarily occupied with the transition from OAU to AU. Progress has been made in the preparation
and adoption of legal instruments for launching its various organs and
institutions. However, much more are to
be done for finalizing the structure of the Union
before it become able to perform its objectives.
Meanwhile, the AU has had to face many
problems (some are inherited from its predecessor, the OAU), from the Aids
epidemic, poverty and civil wars to divisions, disputes and wars among its
members. Many attempts, in this regard,
have been made by the Union . Yet, we have to wait and see. Time will reveal the failures or successes of
such attempts.
Anyway, let’s believe, with the leaders of
the African nations, that the AU will be better than the OAU in establishing a
common economic market and political union across the entire continent, and
that through the AU Africa will play a more prominent role in the global
economy and overcome some of the negative effects of globalization.
Chapter Six
I. Origin
and Founding of the OAS
The Organization
of American States (OAS)
was founded on April 30, 1948, when 21 nations of the Western Hemisphere met in
Bogotá, Colombia and adopted the Charter of the Organization of American States (OAS), which
affirmed their commitment to common goals and respect for each nation’s
sovereignty, and facilitated cooperation between their countries on matters of
security, economic and social development. Since then, the OAS has expanded to
include the nations of the English-speaking Caribbean, as well as Canada.
The Charter of the OAS entered into force in December 1951; it was
subsequently amended on several occasions.[89]
The principles that embody the OAS grew
out of a history of regional cooperation dating back to the 19th century. In 1826, Simon Bolivar convened the Congress
of Panama with the idea of creating an association
of states in the Western hemisphere. In
1890, the First International Conference of American States, held in Washington , D.C.
II. Status
and Membership of the OAS
The Organization of American States (OAS)
is the world's oldest regional organization, dating back to the First
International Conference of American States, held in Washington , D.C.
The Organization of American States (OAS),
the region’s principal multilateral forum, brings together the nations of the Western Hemisphere to achieve an order of peace and
justice, to promote their solidarity, to strengthen their collaboration, to
defend their sovereignty, their territorial integrity, and their independence,
and above all to debate the major issues facing the region and the world.[90] It is a regional organization within the
framework of Chapter XIII of the United Nations Charter. It has relations with the United Nations and
its organs and specialized agencies, and with international organizations. It
has no powers other than those expressly conferred upon it by its Charter, none
of whose provisions authorizes it to intervene in matters that are within the
internal jurisdiction of the Member States.
It plays a leading role in carrying out mandates established by the
hemisphere’s leaders through the Summits of the Americas. With four official languages, English,
Spanish, Portuguese and French, the OAS reflects the rich diversity of the
hemisphere’s peoples and cultures. The
headquarters of the OAS is in Washington D.C. (U.S.A).
The Organization of American States enjoys
in the territory of each Member such legal capacity, privileges, and immunities
as are necessary for the exercise of its functions and the accomplishment of
its purposes.[91] The representatives of the Member States on
the organs of the Organization, the personnel of their delegations, as well as
the Secretary General and the Assistant Secretary General enjoy the privileges
and immunities corresponding to their positions and necessary for the
independent performance of their duties.[92]
Membership in the Organization is confined
to independent States of the Western Hemisphere
that are Members of the United Nations.
The OAS membership includes all 35 nations in the Western Hemisphere:
the independent nations of North, Central and South America and the Caribbean . A Member of the Organization may be
suspended from the exercise of the right to participate in the activities by a
decision of the General Assembly of the OAS. The government of Cuba
Antigua and Barbuda, Argentina, Bahamas, Barbados,
Belize, Bolivia, Brazil, Canada, Chile, Colombia, Costa Rica, Cuba, Dominica, Dominican Republic, Ecuador, El
Salvador, Grenada, Guatemala, Guyana,
Haiti, Honduras, Jamaica, Mexico, Nicaragua, Panama, Paraguay, Peru, Saint
Lucia, Saint Vincent and the Grenadines, Saint Kitts and Nevis, Suriname,
Trinidad and Tobago, United States of America, Uruguay, Venezuela.
III. Principles
of the OAS
The American States reaffirm the following principles upon which the
organization is founded, and which the organization and its members must
observe:[93]
1) International law is the standard of conduct of States in their reciprocal relations;
2) International order consists essentially of respect for the personality, sovereignty, and independence of States, and the faithful fulfillment of obligations derived from treaties and other sources of international law;
3) Good faith shall govern the relations between States;
4) The political organization of Member States should be on the basis of the effective exercise of representative democracy;
5) Condemnation of war of aggression; victory does not give rights;
6) An act of aggression against one American State is an act of aggression against all the other American States;
7) Controversies of an international character arising between two or more American States shall be settled by peaceful procedures;
8) Social justice and social security are bases of lasting peace;
9) Economic cooperation is essential to the common welfare and prosperity of the peoples of the continent;
10) Respect the fundamental rights of the individual without distinction as to race, nationality, creed, or sex;
11) Respect the cultural values of the American countries;
12) The education of peoples should be directed toward justice, freedom, and peace.
1) International law is the standard of conduct of States in their reciprocal relations;
2) International order consists essentially of respect for the personality, sovereignty, and independence of States, and the faithful fulfillment of obligations derived from treaties and other sources of international law;
3) Good faith shall govern the relations between States;
4) The political organization of Member States should be on the basis of the effective exercise of representative democracy;
5) Condemnation of war of aggression; victory does not give rights;
6) An act of aggression against one American State is an act of aggression against all the other American States;
7) Controversies of an international character arising between two or more American States shall be settled by peaceful procedures;
8) Social justice and social security are bases of lasting peace;
9) Economic cooperation is essential to the common welfare and prosperity of the peoples of the continent;
10) Respect the fundamental rights of the individual without distinction as to race, nationality, creed, or sex;
11) Respect the cultural values of the American countries;
12) The education of peoples should be directed toward justice, freedom, and peace.
IV. Purposes
of the OAS
The Organization of American States, in
order to put into practice the principles on which it is founded and to fulfill
its regional obligations under the Charter of the United Nations, proclaims the
following essential purposes:[94]
1) To strengthen the peace and
security of the continent;
2) To prevent possible causes of difficulties and to ensure the pacific settlement of disputes that may arise among the Member States;
3) To provide for common action on the part of those States in the event of aggression;
4) To seek the solution of political, juridical, and economic problems that may arise among them; and
5) To promote, by cooperative action, their economic, social, and cultural development;
2) To prevent possible causes of difficulties and to ensure the pacific settlement of disputes that may arise among the Member States;
3) To provide for common action on the part of those States in the event of aggression;
4) To seek the solution of political, juridical, and economic problems that may arise among them; and
5) To promote, by cooperative action, their economic, social, and cultural development;
V. Organizational
Structure of the OAS
The Organization of American States
accomplishes its purposes by means of: The General Assembly; the Meeting of
Consultation of Ministers of Foreign Affairs; the Councils (the Permanent
Council and the Inter-American Council for Integral Development); the
Inter-American Juridical Committee; the Inter-American Commission on Human
Rights; the General Secretariat; the specialized conferences; the specialized
organizations; and other entities established by the General Assembly.[95]
1. The General Assembly [96]
The General Assembly is the supreme organ
of the Organization of American States. It holds regular sessions once a
year. Under special circumstances it
meets in special sessions. It gathers
the hemisphere’s ministers of foreign affairs.
All Member States have the right to be represented in the General
Assembly. Each State has the right to one vote.
The Assembly has
the following principal powers:
a) To
decide the general action and policy of the Organization, determine the
structure and functions of its organs, and consider any matter relating to
friendly relations among the American States;
b) To
establish measures for coordinating the activities of the organs, agencies, and
entities of the Organization among themselves, and such activities with those
of the other institutions of the inter-American system;
c) To
strengthen and coordinate cooperation with the United Nations and its
specialized agencies;
d) To
promote collaboration, especially in the economic, social, and cultural fields,
with other international organizations whose purposes are similar to those of
the Organization of American States;
e) To
approve the program-budget of the Organization and determine the quotas of the
Member States;
Decisions of the General Assembly are
adopted by the affirmative vote of an absolute majority of the Member States,
except in those cases that require a two thirds vote as provided in the
Charter or as may be provided by the General Assembly in its rules of
procedure.
2. The Meeting of Consultation of Ministers
of Foreign Affairs [97]
The Meeting of Consultation of Ministers
of Foreign Affairs convenes in order to consider problems of an urgent nature
and of common interest to the American States, and to serve as the Organ of
Consultation under the Inter‑American Treaty of Reciprocal Assistance (Rio
Treaty), the main instrument for joint action in the event of aggression. Any Member State
3. The Permanent Council [98]
The permanent Council is one of the organs
of the Organization of American States.
It is directly responsible to the General Assembly. It is composed of one representative of each
member state (ambassador appointed by the member state); each member has one
vote. It holds its meetings at its seat,
or in any member state. Its decisions shall be taken by the affirmative vote of
the majority of the members of the Council, except when otherwise expressly
provided.
The Permanent Council has the authority:
a)
To discharge the functions assigned to it by the General
Assembly and the Meeting of Consultation of Ministers of Foreign Affairs and to
carry out those decisions of these organs, the implementation of which has not
been assigned to any other body; and
b)
To exercise the general powers assigned to it by the
Charter, such as making recommendations on matters under its authority, and
rendering to the governments such specialized services as they may request, to
the extent of its ability and with the cooperation of the General
Secretariat. It can present to the
General Assembly studies and proposals, drafts of international instruments,
and proposals on the holding of specialized conferences.
4. The Inter-American Council for Integral Development
[99]
The Inter-American Council for Integral
Development is one of the OAS main organ in charge to promote cooperation among
the American States for the purpose of achieving integral development and, in
particular, helping to eliminate extreme poverty, in accordance with the
standards of the Charter, especially those related to the economic, social,
educational, cultural, scientific, and technological fields. It is composed of one representative of each
member state; each member has one vote.
The Inter-American Council for Integral
Development holds at least one meeting each year at the ministerial or
equivalent level. It also has the right
to convene meetings at the same level for the specialized or sectorial topics
it considers relevant, within its province or sphere of competence. It also
meets when convoked by the General Assembly or the Meeting of Consultation of
Foreign Ministers, or on its own initiative.
5. The Inter-American Juridical Committee
[100]
The Inter-American Juridical Committee is
composed of eleven jurists, nationals of Member States, elected by the General
Assembly for a period of four years, taking into account equitable geographic
representation and that no two Members of the Committee may be nationals of the
same State.
The purposes of the Inter-American
Juridical Committee are:
a) To serve the
Organization as an advisory body on juridical matters;
b) To promote the
progressive development and the codification of international law; and
c) To study juridical
problems related to the integration of the developing countries of the
Hemisphere and, insofar as may appear desirable, the possibility of attaining
uniformity in their legislation.
The Inter-American Juridical Committee is
charged to undertake the studies and preparatory work assigned to it by the
General Assembly, the Meeting of Consultation of Ministers of Foreign Affairs,
or the Councils of the Organization. It may also, on its own initiative,
undertake such studies and preparatory work as it considers advisable, and
suggest the holding of specialized juridical conferences.
6. The Inter-American Commission on Human
Rights [101]
The Inter-American Commission on Human
Rights composed of 7 members elected by the General Assembly for a period of
four years. The principal function of
the Inter-American Commission on Human Rights is to promote the observance and
protection of human rights and to serve as a consultative organ of the
Organization in these matters.
7. The General Secretariat [102]
The General Secretariat
is the central and permanent organ of the OAS.
It is the administrative organ of the OAS. It performs the functions assigned to it in
the Charter and other related instruments, and carries out the programs and
policies set or assigned by the political bodies of the Organization. The headquarters of both the General
Secretariat and the Permanent Council are in Washington , D.C.
The OAS General Secretariat is headed by the OAS Secretary
General. The Secretary General is
elected by the General Assembly for a five-year term and may not be reelected
more than once or succeeded by a person of the same nationality. The Secretary
General directs the General Secretariat.
He is entrusted to perform the following principal functions:
a) Transmit
ex officio to the Member States notice of the convocation of the
meetings of the OAS main organs, and the Specialized Conferences;
b)
Prepare the proposed program-budget of the Organization;
c) Provide,
on a permanent basis, adequate secretariat services for the OAS main organs,
and carry out their directives and assignments.
d) Serve
as custodian of the documents and archives of the inter-American Conferences,
the OAS main organs, and the Specialized Conferences;
e) Serve
as depository of inter-American treaties and agreements, as well as of the
instruments of ratification thereof;
f) Submit
to the General Assembly at each regular session an annual report on the
activities of the Organization and its financial condition.
8. Specialized Inter-American Conferences [103]
Specialized Inter-American Conferences are
intergovernmental meetings to deal with special technical matters or to develop
specific aspects of inter-American cooperation. They shall be held when either
the General Assembly or the Meeting of Consultation of Ministers of Foreign
Affairs so decides, on its own initiative or at the request of one of the
Councils or Specialized Organizations.
9. Inter-American Specialized Organizations
[104]
Inter-American Specialized Organizations are the intergovernmental organizations established by multilateral agreements and having specific functions with respect to technical matters of common interest to the American States. They have full technical autonomy; however, they take into account the recommendations of the General Assembly and the Councils and report annually to the former. They are:
1) Inter-American Children’s Institute.
2) Inter-American Commission of Women.
3) Inter-American Indian Institute.
4) Inter-American Institute for Cooperation on Agriculture.
5) Pan American Health Organization.
6) Pan American Institute of Geography and History.
VI. Achievements of the OAS
From its
creation up until, at the least, the mid-1980s, the OAS was not able to achieve
its major objectives in strengthening peace and security in the continent, and
in promoting cooperative action concerning the economic, social and cultural
development of its member states. This
was due to the politics of that era which was influenced by the Cold War
between the United States of America
and the Soviet Union .
Since the mid-1980s, with the end of the Cold War,
the OAS has been making major efforts to reinvent itself to fit the new
context. Its efforts have been directed
towards the following priorities:
- Strengthening democracy: The OAS works to strengthen
national and local government and electoral agencies, to promote
democratic practices and values, and to help countries detect and defuse
official corruption. In this respect, it sent multinational observation
missions to oversee free and fair elections in the member states on more
than 100 occasions.
- Strengthening peace and security: Special OAS
missions have supported peace processes in Nicaragua,
Suriname,
Haiti,
and Guatemala.
The Organization has led negotiations to resolve the continent’s remaining
border disputes (Guatemala/Belize; Peru/Ecuador). Works are also underway on building a common
inter-American front to counter the scourge of terrorism.
- Defending human rights: The agencies of the
inter-American human rights system provide a venue for the denunciation
and resolution of human rights violations in individual cases. They also
monitor and report on the general human rights situation in the member
states.
- Fostering free trade: The OAS is one of the three
agencies currently engaged in drafting a treaty that will establish a hemispheric free trade area.
- Fighting the drugs trade: The Inter-American
Drug Abuse Control Commission established in 1986 works to
coordinate efforts and cross-border cooperation in this field.
- Promoting sustainable development: The OAS Inter-American
Council for Integral Development works to promote economic
development and combating poverty.
[1] Namely
the European Coal and Steal Community (ECSC), The European
Economic Community (EEC) and the European Community of Atomic
Energy (Euratum). See infra
chapter 18, the European Union.
[2] See
infra chapter 18.
[3] COE was
created in 1949 with wide-ranging cooperative aims. Currently, there are
forty-six member states in the Council. See
generally C. Archer, Organizing Europe, chapter 4, London
(1994); T. Ouchterlony, The Council of Europe in the New Europe, Edinburgh
[4] WEU was
founded in 1948 as a defense arrangement. Today it is a defense component of
the EU, and a means for strengthening the European pillar of the Atlantic
Alliance. See generally Archer, chapter 10, and Shaw, pp. 1170-71. See
also //www.weu.int/.
[5] OCSE was
emerged in 1995 from the Helsinki Process that initiated by the Helsinki
Conference of European states (plus the United
States of America and Canada Europe ; cooperation in the fields
of economic, science and technology; and cooperation in human rights,
humanitarian fields and democracy. Currently, there are fifty-five member
states in the Organization. See Shaw, pp. 1179-81; and OCSE web site at
//www.osce.org/.
[6] NATO was
created in 1949 as a defense alliance to counter the Soviet’s threat.
Originally, it comprised the Western European States, Greece, Turkey , US and Canada ;
currently, it includes the Western and Eastern European
States , Turkey ,
US and Canada Brussels
[7] CIS was
established by an agreement signed by Russia ,
Belarus and Ukraine in Minsk Soviet Republic
apart from the three Baltic States . See
Shaw, pp. 1181-2.
[8] See
infra chapter 20.
[9] See
infra chapter 19.
[10] ASEAN
was established in 1967 as an organization for both economic and political
cooperation. Currently, it comprises Brunei ,
Cambodia , Indonesia , Laos ,
Malaysia , Myanmar , the Philippines ,
Singapore , Thailand and Vietnam Washington
(1979); A. Broinowski (ed.), Understanding ASEAN, London
[11] See
infra chapter 15.
[12] See
infra chapter 16.
[13] See
infra chapter 17.
[14] For the
materials on the League of Arab States, see the web site of the Arab
League at //www.arableagueonline.org/.
[15] Text of
the Pact is found on the web site of the Arab League. The League of Arab States designated 22nd
March, as an official date to celebrate the annual anniversary of the Arab
League.
[16] Text of
the Joint Defense and Economic Cooperation Treaty is found on the web site of
the Arab League.
[17] The
Pact of the Arab League art. 14.
[18] Id.
[19] Id.
[20] See
id. art. 18. Egypt 's
membership was suspended in 1979 after it signed a peace treaty with Israel ; the league's headquarters was moved from
Cairo , Egypt ,
to Tunis , Tunisia Egypt Egypt
was readmitted to the league in 1989 and the league's headquarters was moved
back to Cairo
[21] The
Arab League Pact. art. 2.
[22] Id.
[23] See
id. arts. 3, 5-7, 11 & 15.
[24] See
id. art. 4.
[25] See
id. arts. 12-13.
[26] See
the Joint Defense and Economic Cooperation Treaty art. 6.
[27] See
id. art.5; and the Military Appendix paras. 1 & 2.
[28] See
the Additional Protocol to the Joint Defense and Economic Cooperation Treaty.
[29] See
the Joint Defense and Economic Cooperation Treaty arts 7-8.
[30] For the
materials on the Cooperation Council of the Arab States of the Gulf, see
the web site of the Council at //www.gcc-sg.org/.
[31] Text of
the Charter is found on the web site of the Council.
[32] Text of
the Joint GCC Defence Pact is found on the web site of the Council.
[33] The
Gulf Cooperation Council Charter art. 5.
[34] Id.
[35] Id.
[36] Id.
[37] Id.
[38] Id.
[39] Id.
[40] Id.
[41] Id.
[42] Id.
[43] Id.
[44] Id.
[45] For the
materials on the Organization of the Islamic Conference, see the web
site of the Conference at //www.oic-oci.org/.
[46] The
text of the Charter of the Organization of the Islamic Conference (OIC) is
found on the Web site of the Organization.
[47] The OIC
Charter art. VIII.
[48] Id.
[49] Id.
[50] Id.
[51] Id.
[52] See
id. art III.
[53] See.id.
art. IV.
[54] See
id. art.V.
[55] See
id. art. VI.
[56] For the
materials on the European Union (E.U), see the web site of the Union at //europa.eu.int/.
[57] Text of
this treaty and the following treaties are found on the web site of the
European Union.
[58] Three
candidate states are waiting for membership, namely Croatia ,
Macedonia and Turkey
[59] See
the Treaty on the European Union art. 6.
[60] Id.
[61] The
Treaty Establishing the European Community arts. 7(1) & 8.
[62] Id.
[63] See
id. arts. 211-219 & 249-256.
[64] There are approximately 25 000 of these European civil
servants.
[65] See
the Treaty on the European Union arts. 4, 7, 13-15; and the Treaty Establishing
the European Community art. 202-210 & 249-256.
[66] In Brussels
[67] The qualified votes
assigned for each Member
State
29
| <><>
|
27
| <><>
|
14
| <><>
|
The
| <><>
13
| <><>
12
| <><>
|
10
| <><>
|
7
| <><>
|
4
| <><>
|
3
| <><>
|
TOTAL
| <><>
345
| <><>
[68] Most of these responsibilities relate to the
‘Community’ domain – i.e. areas of action where the member states have decided
to pool their sovereignty and delegate decision-making powers to the EU
institutions. This domain is the ‘first pillar’ of the European Union. However,
the last two responsibilities relate largely to areas in which the member
states have not delegated their powers but are simply working together. This is
called ‘intergovernmental co-operation’ and it covers the second and third
‘pillars’ of the European Union.
[69] See
the Treaty on the European Union art. 5; and the Treaty establishing the
European Community arts. 189-201, 249, 251, 252 & 254.
[70] In principle, the number of Members of the
European Parliament shall not exceed 736 from the next parliamentary term on
(i.e. 2009 – 2014). Since Bulgaria
and Romania joined the Union in the course of the 2004-2009 parliamentary term,
the current maximum number of 732 seats in the EP was temporarily exceeded.
[71] See
the Treaty on the European Union art. 35; and the Treaty Establishing the
European Community arts. 220-245.
[72] See
the Treaty Establishing the European Community arts. 246-248.
[73] See
id. arts. 8 & 105-111.
[74] For the
materials on the African Union, see the web site of the African Union at
//www.africa-union.org/.
[75] The
text of the Constitutive Act of the African Union (AU) is found on the web site
of the AU.
[76] The
text of the Charter of the Organization of African Unity (OAU) is found on the
web site of the AU.
[77] The
Constitutive Act of the AU art. 3.
[78] Id.
[79] See
id. arts 6-9.
[80] See
id. arts 10-13.
[81] See
id. art. 20.
[82] See
id. art. 21.
[83] See
id. art.17.
[84] See
id. art.22.
[85] See
id. art. 18.
[86] See
id. arts 14-16.
[87] See
id. art. 19.
[88] For the materials on the Organization of
American States, see the web site of the OAS at //www.oas.org/.
[89]
The Charter of OAS was amended by the Protocol of Buenos Aires, signed in 1967,
which entered into force in February 1970; by the Protocol of Cartagena de
Indias, signed in 1985, which entered into force in November 1988; by the
Protocol of Managua, signed in 1993, which entered into force on January 29,
1996; and by the Protocol of Washington, signed in 1992, which entered into
force on September 25, 1997. The Charter of the OAS was signed in Bogotá in
1948 and entered into force in December 1951.
The Charter was subsequently amended by the Protocol of Buenos Aires,
signed in 1967, which entered into force in February 1970; by the Protocol of
Cartagena de Indias, signed in 1985, which entered into force in November 1988;
by the Protocol of Managua, signed in 1993, which entered into force on January
29, 1996; by the Protocol of Washington, signed in 1992, which entered into
force on September 25, 1997; and by the Protocol of Managua, signed in
1993. The text of the Charter is found
on the web site of the OAS.
[90] OAS
Charter art. 1.
[91] Id.
[92] Id.
[93] Id.
[94] Id.
[95] Id.
[96] See
id. arts. 54-60.
[97] See
id. arts. 61-69.
[98] See
id. arts. 70-92.
[99] See
id. arts. 70-79 & 93-98.
[100] See
id. arts. 99-105.
[101] See
id. art. 106.
[102] See
id. arts. 107-121.
[103] See
id. arts. 122-123.
[104] See
id. arts. 124-130.
