responses to world order

World orderPart 2 option 2 - Responses of world orderTerm 1/2 2012

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Main syllabus points

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The Nation state and state sovereignty

Treaties are the primary source of law

Countries can agree or reject treaties that maintain peace and security.

This can either promote or deny world order

Hint: This section is critical to any argument in world order essays

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However, the UNSC can intervene if there is a ‘threat to peace’

The UNSC can deliver a humanitarian intervention. It can be difficult to get the ‘Permanent Five’ to agree (China and the Darfur region)

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Theme: the effectiveness of legal and non-legal responses in promoting and maintaining world order

The Permanent Five are often unwilling to carry out the intervention (military force)

Asking other nations to supply military force is often denied (supporting USA in Iraq, national armies used to guard civilians)

Peacekeeping forces can be used but only after internal fighting has stopped

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Attempt to overthrow the government of bashar al-assad

China and russia used veto power to a unsc resolution draft

Case Space: Syrian Uprising

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Syria uprising9Monday, 18 June 2012

Unsc veto power10Monday, 18 June 2012

Arab league suspends syria11Monday, 18 June 2012

War criminal?12Monday, 18 June 2012

Role of the UN

The UN Charter: We the peoples of the United Nations determined -

to save succeeding generations from the scourge of war

to reaffirm faith in fundamental human rights

to establish conditions under which justice and respect for the obligations arising from treaties

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Hint: These are excellent articles to support your writing in a world order

essays

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Structure of the un

193 members, 5 major organs

The UN also has other agencies in Vienna, The Hague and Geneva

Remember your notes from human rights

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Un 2011 review16Monday, 18 June 2012

UNSC

9 members need to agree for UN action, including all 5 permanent members

The UNSC has the power to issue sanctions, arms embargoes and collective military action

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EFFECTIVE?????

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A geographical formula is used to make up the 10 non-permanent members. There must be:

3 African

2 Asian

1 Eastern European

2 Western European

2 Latin American

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What do these mean?

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Peacekeeping force was used in the UN to withstand blatant acts of aggression. This was seen as an improvement on the League of Nations

Peacekeeping gave the legal right to the UNSC to use ‘peace enforcement’. It is controlled by the UNSC

Peacekeeping forces

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Peace keeping23Monday, 18 June 2012

The Un has not standing military force, so it makes adhoc coalitions for every task

Problems can arise from this system

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"He told me the UN was a 'pull' system, not a 'push' system like I had been used to with NATO, because the UN had absolutely no pool of resources to draw on. You had to make a request for everything you needed, and then you had to wait while that request was analysed...For instance, soldiers everywhere have to eat and drink. In a push system, food and water for the number of soldiers deployed is automatically supplied. In a pull system, you have to ask for those rations, and no common sense seems to ever apply."

Roméo Dallaire

Rwanda conflict

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Rule of law and peacekeeping26Monday, 18 June 2012

International Instruments

Treaties and customary law are the main sources of international law

Treaties are legally binding and are freely entered into. There are two types Bilateral and multilateral

Declarations are not legally binding and therefore only show principle support from a nation state

Hint: Using this terminology in a world order essay is very important

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A legal norm or a ‘peremptory norm’

Treaties do not have to be signed in order to be considered binding

It is accepted as a norm today that slavery, piracy and torture are prohibited under international law

Jus Cogens

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Courts and Tribunals

Est. 1946 - organ of the UN

15 judges elected by the UN

cases involve disputes between states

International Court of Justice (ICJ)

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ICJ Ruling Macedonia30Monday, 18 June 2012

The ICJ hears two types of cases:

Contentious issues between states - the court produces binding rulings to states that have agreed to be bound by the rulings of the court

Advisory Opinions - the court provides reasoned, but non binding rulings

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The Rome Statute of the International Criminal Court Treaty signed 1998 by 121 nation states

The ICC est. in the Hague, 2002

Given jurisdiction over acts of genocide, war crimes and crimes against humanity

International Criminal Court (ICC)

Virtual tour of the court33Monday, 18 June 2012

Armed conflict between loyal gaddafi forces and those wanting to oust the government

UNSC resolution 1970 - freezing gaddafi’s finances and strict sanctions

UNSC resolution 1973 - no-fly zone over libya

Case space: libya civil war

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Unsc resolution 197335Monday, 18 June 2012

Nato and libya36Monday, 18 June 2012

Nato and libya37Monday, 18 June 2012

Motives in libya?38Monday, 18 June 2012

What is this cartoon showing?

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Case space

List of icc indicted criminals

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Thomas Lubanga verdict42Monday, 18 June 2012

Icc video43Monday, 18 June 2012

International Criminal Tribunal for the Former Yugoslavia (ICTY)

International Criminal Tribunal for Rwanda (ICTW)

The European Court of Human Rights, Strasbourg, France

Other International Tribunals

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Intergovernmental Organisations (IGO’s)

These regional/strategic organisation have been established for mutual benefits (Trade, regional cooperation etc)

examples include the African Union (AU), the Commonwealth, ASEAN, the Arab League and APEC

Hint: It is important to understand the links with the United nations and Igo’s

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Has been successful at making war impossible over the European continent

Its a Supranation (decisions made by majority vote)

It improves issues of peace and security by tackling organised crime, improving human rights and agreeing not to attack each other

European Union (EU)

Hint: Due to recent economic impacts, the eu has declined in value in some member states

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European union48Monday, 18 June 2012

Est. 1949 due to the USSR Eastern Bloc of Europe

Military forces have helped end conflict in Kosovo and Bosnia

Supported the EU with transport assistance in Darfur and continues to have forces in Afghanistan

Northern Atlantic treaty Organisation (NATO)

Hint: Nato is a military organisation

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History of nato51Monday, 18 June 2012

Loose coalition of developing countries in the UN general assembly

77 founding members which have expanded to 132

Group of 77

Hint: This IGO was developed due to imbalance of developing country issues in the general assembly

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Group of 7753Monday, 18 June 2012

Non-government organisations (NGO’s)

NGO’s provide the balance to issues involved with improving peace and security around the world

Close to 25000 NGO’s around the world

NGO’s apply pressure to the UN and IGO’s, large influence on the UN Charter and champion the continued struggles involving humanitarian issues

Hint: the un will use statistics gathered by ngo’s

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Founded in 1995 due to ineffective measures taken on Somalia, Rwanda and Bosnia

provides behind the scenes assistance to peace negotiations

Highly active in troublesome areas of the world

International Crisis Group

(ICG)

Hint: Most world order essays will ask you to include non-legal responses

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International crisis group56Monday, 18 June 2012

Icg views on middle east57Monday, 18 June 2012

Australia’s federal government

Under Section 51 of the Constitution only the federal government can make decisions on external affairs (World Order issues)

all signed treaties and agreements have to be established by the federal government

Australia is largely seen to be involved in positive and peaceful global affairs

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Australia has been involved in 54 peacekeeping forces, largely in the Asia-Pacific region

Australia’s involvement in east timor was highly successful

Australia and peacekeeping

Hint: the best example for australian involvement in international conflict is east timor

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Military Intervention by Indonesia 1975-99

This conflict shows different international responses due to the motives of the permanent five

Case Space:East Timor

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East timor issues61Monday, 18 June 2012

Media responses62Monday, 18 June 2012

The media

A free and unbiased media is the essential ingredient for rule of law in the global sphere

The media is effective in raising awareness for world issues but at times can be criticised for only providing entertainment and not the full facts to the issue

Hint: Rwanda is a great example of the media’s influence

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political negotiation, persuasion and the use of force

simplest and most frequently used

This can be done away from treaties and agreements (closed doors)

If this stage fails, nations will move towards persuasion

Political negotiation

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Applying political pressure can change the behaviour of a nation who is not willing to comply

Persuasion can be considered as soft power

Persuasion

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China and wto66Monday, 18 June 2012

Last resort action - many issues surround the legality with regards to the use of force

Use of force can be used in self defence or UNSC authorisation

Use of force

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