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INTD 200 (186)
Lecture

INTD nov9.docx

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Department
International Development
Course
INTD 200
Professor
Warren Allmand
Semester
Fall

Description
November 9, 2012 Regional Bodies in Development and Human rights  Article 52 UN charter: “nothing in the present charter precludes the existence of regional arrangements or regional agencies for dealing with such matters relating to maintenance of international peace and security as are appropriate for region action provided that such arrangements or agencies n their activities are consistent with the purposes and principals of the UN”  Article 103: “in the event of a conflict between the obligations of the members of the UN under the present charter and their obligations under any other international agreement, their obligations under the UN charter prevails” (i.e. if a country – member state of the UN - joins another regional organization or ratify another treaty) Major regional organizations: -Europe for Human rights: Council of Europe (different from European Union)  Council of Europe established 1949; after the adoption of the UDHR 1948, the UN wasn’t able to accomplish much in area of human rights because of the cold war, as a result, council of Europe was set up and adopted human rights standards. 1950; 12 of European democracies set up council of Europe. To this day, principle European human rights body and the best in the world (able to implement, enforce their standards better than UN and other regional bodies). 37 state parties/members – nearly total continent of Europe.  1950; adopted European convention of human rights and came into force 1953 and that was before the international covenant on c&p and covenant on e,s&c rights. While UN was a declaration, Europe had a binding treaty on human rights. 47 state parties (all countries in Europe have ratified European convention on Human Rights). Article 25 allows for complaints to European Commission on Human Rights from individuals and NGOs (effective complaints mechanism)  1961 European Social Charter (economic, social & cultural rights) before UN; into force 1965; revised again 1996; 47 states parties ratified; European Committee on Social rights which helps with implementation and enforcement of social charter. They have European Commission, which receives complaints and which lays cases before the European Court on Human Rights. European court decisions are binding on the parties whose cases are brought before the courts. Most of the binding judgments were against the UK for abuses that were taking place in Northern Ireland during period of conflict. In addition, Council of Europe has a parliamentary assembly for the council of Europe.  European convention on Human Rights has had 5 major protocols and protocol 6 is for the abolition of capital punishment. -European Union  First established as an economic body and trade-oriented body in 1951 under the Treaty of Paris called the Colon Steel community, at the beginning only 6 countries belonged to that treaty in Paris (France, Germany, Italy, Luxembourg, Belgium, Netherlands). 1957 changed name to European Community under the Treaty of Rome 1957 and increased to 12 from 6 countries. Then changed name in 1992 to European Union, and increased to 15 countries. Each time they changed the name, the EU kept doing more and more things, and went well beyond pure economic and trade matters, and got into every aspect of international life in Europe. 1997 Amsterdam treaty, which increased powers of EU. 2010, 27 members which are also members of council of Europe. Croatia on waiting list and will become full member July 2013. Far short of Council of Europe, which has 47 members. EU will have 28 members.  23 official languages in EU  With respect to human rights, had very few provisions as it was being taken care of by council of Europe. Article 7: prohibited discrimination in the works and carryings on of EU; Article 48: freedom of movement for workers which was critical to purposes of the EU; Article 119: equal pay for equal work.  1987 European Parliament was set up where people were elected directly from the countries in the EU to the European Parliament. Set up subcommittee on Human Rights and received petitions from citizens which 1/3 were regarding fundamental human rights issues  1989 adopt a charter of Fundamental social rights for workers – came in force 2009.  EU European Charter of Fundamental Rights 2009. Some ways equivalent but not as complete as European Convention on Human Rights under Council of Europe. However provides for more and more support for human rights and the enforcement of human rights  1992 the EU set up an Ombudsman, which was to look into the rights of workers (among other things)  discrimination, child workers, human rights violated.  Eurozone came into affect 1999 – 17 members by 2002; leading cause of concern today (problems in Greece, Portugal, Ireland, Italy, Spain) and whether or not euro- system will survive.  6 conditions (were 5 before) for admission into EU set up in 1993: 1) stable democratic institutions 2) respect for minorities 3) market economy – could be a mixed economy though 4) capacity to cope with competition in EU 5) ability to adhere to the economic, political and monetary standards of EU 6) must abolish death penalty  EU headquarters in Brussels and Parliament meets in Strausforg. They have the European Council, which is the council for the EU, which is the basic body that makes most basic decisions for EU. The European Commission is the executive branch and they have 27 commissioners; one from each country; assigned positions/cabinet system (i.e. fisheries, agriculture, immigration)  body that carries out and implements day-to-day work of EU with a big civil service underneath these commissioners. Commissioners appointed. European parliament has about 600 members of parliament; smallest representation would be 6 from Malta, and then 96 from big countries like Germany for example. Elections every 5 years. European court of Justice deals with all sorts of economic or any kind of treaty or statute, which would be implemented or adopted by EU. European Central Bank in Frankford and European Monetary Institute and European Investment bank (sort of similar to WB & IMF on world stage)  With respect to development, the EU also plays a major role in international development. 1975 they adopted The Lomé Convention with 69 countries in Africa, the Caribbean & the Pacific in which they set up arrangements to provide international development, grants, loans and subsidies to the countries that had signed on  part of a major development program put on by EU. The organization that does this work for EU is ECHO (European commission for humanitarian aid office)  in charge of development program. ODA 671mill Euros per year. Also done some development work in Western Europe, former Soviet Union & Asian & Latin American countries and when there are disasters or other major events. Fund administered by ECHO is the European development fund which ranks high but has not reached 0.7% target of aid set, but are approaching it and doing quite well. -Other organizations that can be considered European as well:  OSCE (Organization of security and cooperation in Europe) 1975 Helsinki Final Act during the cold war; attempt to maintain some peaceful/better relations between countries of eastern and Western Europe. Attempt to prevent war during cold war period and included all European countries; now 56 States (Eastern & Western Europe, some of eastern Europe countries like Kazakhstan) US & Canada also belong to OSCE. Plays important role and acts as a bridge between eastern, western European countries, and central-Asian countries that belonged formerly to Soviet Union. They have an office for democratic institutions and human rights in Warsaw. Headquarters of OSCE Vienna. Parliamentary assembly and are continually working on programs to improve state of democracy and human rights in OSCE countries.  NATO- European countries- military defense organization - includes US & Canada; North Atlantic assembly; 28 members – all Euro countries except Sweden, Finland, and Switzerland. No human rights mandate, set up during cold war. If any NATO country is attacked, all the other NATO countries will come to the defense of the country under attack  OECD – organization for economic cooperation and development 1961; deals with economic development, 32 members, headquarters in Paris, no human rights mandate, does research, give
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