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Chapter 6

POLS 1500 Chapter 6: Chapter 6

10 Pages
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Department
Political Science
Course Code
POLS 1500
Professor
Andrea Paras

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1 1. Chapter 6  Global governance- regulation and coordination of transnational issue areas by nation- states, international, and regional organizations, and private agencies through the establishment of international regimes. Regimes focus on problem solving or the enforcing rules  International law- the formal rules of conduct that states acknowledge or contract between themselves  Regime- a set of implicit or explicit principles, norms, rules, and decision-making procedures around which actors’ expectations converge in a given area of international relations. Often simply defined as a governing arrangement in a regional or global policy area International Law  International law is best understood as a core international institution- set of norms, rules, and practices created by states and other actors to facilitate diverse social goals from order and coexistence to justice and human development International Order and Institutions  To achieve international order, states have created international institutions  International institutions- complexes of norms, rules, and practices that prescribe behavioural roles. Constrain activity, and shape expectations o Can exist without any kind of organizational structure  International organizations- physical entities that have staffs, head offices, and letterheads  Deep constitutional institutions, like the principle of sovereignty, which defines the terms of legitimate statehood   Multilateralism- the process by which states work together to solve a common problem Criticisms of International Law  International law is easily cast as a western, even imperial, institution  Non-western peoples were more centrally involved in the development of the international human rights regime than is commonly acknowledged  Universal declaration of Human rights- declaration set forth by the UN General Assembly after ww2 as the first global regime that states all human beings are inherently entitled to a certain set of universal rights o Product of a deliberate and systematic process of intercultural dialogue involving representatives of all of the world’s major cultures  International covenant on civil and political rights- covenant set forth by the UN general assembly that proclaims the “recognition of the inherent dignity and of the inalienable right of all members of the human family as the foundation of freedom, justice and peace in the world” o Often portrayed as a reflection of western values, was shaped in critical ways by newly independent postcolonial states From International to Supranational Law?  States were the primary subjects of international law, the principal bearers of rights and obligations  Related to the preceding, states were the primary agents of international law, the only actors empowered to formulate, enact, and enforce international law. International law was thus viewed as an artifact of state practice, not the legislation of a community of humankind  International law was concerned with the regulation of interstate relations. How states interacted with one another fell within the purview of international law; how they operated within their territorial boundaries did not  The scope of international law was confined- or attempted to be confined- to questions of order, not justice  States are “still at the heart of the international legal system” individuals, groups, and organizations are increasingly recognized as subjects of international law  Development of an expansive body of international human rights law, supported by evolving mechanisms of enforcements, has given individuals as well as some collectives (minorities, indigenous) clear rights under international law  Nonstate actors are becoming important agents in the international legal process o Play a crucial role in  Shaping to normative environment in which states are moved to codify specific legal rules  Providing info to national gov’ts that encourages the redefinition of state interests an the convergence of polities across different states  Actually drafting international treaties and conventions  International law is more concerned with global, not merely international regulation  The rules, norms, and principles of international law are no longer confined to maintaining international order, narrowly defined  Due to changes above, its suggested that international law may be gradually transforming into a system of supranational law o transcends national boundaries or governments The UN  supranational global organization- an authoritative international organization that operates above the nation-state o only one that has universal focus  other international organizations with more specific responsibilities include the world bank, world trade organization  UN is the only global institution with legitimacy that derives from universal membership and a mandate that encompasses security, economic and social development  UN was created by states for states, and the relationship between state sovereignty and the protection of the needs and interests of people that has not been fully resolved o State sovereignty- concept that all countries are equal under international law & protected from outside interference  Responsibility to protect- resolution supported by the UN in 2005 to determine to international community’s responsibility in preventing mass atrocities, reacting to crises, protecting citizens, rebuilding, and preventing future problems  Nonstate actors- any participat in global politics that is neither acting in the name of gov’t nor created and served by government, terrorist networks, NGOs A Brief history of the united nations and its principal organs  Collective security – an arrangement where “each state in the system accepts that the security of one is the concern of all, and agrees to join in a collective response to aggression”  United nations charter- the legal regime that created the UN. The charter defines the structure of the UN, the powers of its constitutive agencies, and the rights and obligations of sovereign states party to the charter  League of Nations- the first permanent collective international security organization aimed at preventing future wars and resolving global problems. The league failed due to the absence of US membership and the inability of members to commit to a real international community  United Nations Security Council- lecture  Veto power- the right of the 5 permanent members of the security council to forbid any action by the UN The Secretariat  The secretariat carries out the administrative work of the UN as directed by the assembly, security council, and other organs. The secretariat is led by the security- general, who provides overall administrative guidance  Role of secretariat remains primarily bureaucratic The Economic and Social Council  UN economic and social council (ECOSOC) – council is intended to coordinate the economic and social work of the UN and the UN family organizations. The ECOSOC has a direct link to civil society through communications with nongovernmental organizations (NGOs)  Civil society- the totality of all individuals and groups in a society who are not acting as participants in any gov’t institutions, or all individuals and groups who are neither participants in gov’t nor acting in the interests of commercial companies  ECOSOC wasn’t given necessary management powers, and it can only issue recommendations and receive reports from the specialized agencies. UNs economic and social organizations have continually searched for better ways of achieving effective management The Trusteeship Council  Upon creation of the united nations, this council was established to provide international supervision for eleven trust territories administered by 7 member states in an effort to prepare them for self-gov’t or independence. By 1994, all trust territories had attained self-gov’t or independence, and the council now meets on an ad hoc basis International Court of Justice (ICJ)  The main judicial organ of the UNs consisting of 15 judges elected jointly by the general assembly and security council. The ICJ handles disputes between states, not individuals and states, and although a state does not have to participate in a case, if it elects to do so it must obey the decision  If people within one state want to bring a suit against another state, they must get their start to file the suit  Factors that reduce the effectiveness of ICJ: o Competence (or jurisdiction) of the court is limited to states against states o Question of compulsory jurisdiction – states that are party to the ICJ statute are bound by compulsory jurisdiction if they agree to it “option-clause” problem o The states reservations limits the effectiveness of the ICJ and follows the open clause problem Maintenance of International Peace and Security  In question of peace and security have been shaped by the global political context  Cold war between US and Soviet Union messed up the functions of the UN security council because the veto could be used whenever the major interests of these 2 countries were threatened  Wanted a standing army but east-west cold war caused problems and UN security council couldn’t function in the way the UN founders had expected  Members couldn’t agree on parts of charter, especially on a UN army, a series of improvisations followed to address matters of peace and security o First: procedure was established under which the security council agreed to a mandate for an agent to act on its behalf o Second: many instances occurred of what analysts call “classical peacekeeping” which involved the establishment of a UN force under UN command to be placed between disputing parties after a cross-fire o Third: peace enforcement – designed to bring hostile parties to agreement and may occur without th
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