Responses to World Order


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Section 2 of World Order. This section focuses on the legal and non legal responses to world order issues and cases.

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Responses to World Order

  1. 1. WORLD ORDER Part 2 option 2 - Responses of world order Term 1, 2014 1Tuesday, 1 April 2014
  2. 2. MAIN SYLLABUS POINTS 2Tuesday, 1 April 2014
  3. 3. 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 3Tuesday, 1 April 2014
  4. 4. 4Tuesday, 1 April 2014
  5. 5. •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) 5Tuesday, 1 April 2014
  6. 6. 6Tuesday, 1 April 2014
  7. 7. •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 7Tuesday, 1 April 2014
  8. 8. • Attempt to overthrow the government of Bashar Al-Assad • China and Russia used veto power to a unsc resolution draft • United Nations Security Council Resolution 2118 to reduce chemical weapons in Syria Case Space: Syrian Uprising 8Tuesday, 1 April 2014
  9. 9. UNSCVETO POWER 9Tuesday, 1 April 2014
  10. 10. ARAB LEAGUE SUSPENDS SYRIA 10Tuesday, 1 April 2014
  11. 11. ROLE OFTHE 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 11Tuesday, 1 April 2014
  12. 12. Hint:These are excellent articles to support your writing in a world order essays 12Tuesday, 1 April 2014
  13. 13. STRUCTURE OFTHE UN • 193 members, 5 major organs, Main International Organisation to discuss resolving disputes • UNGA has equal vote of its members Hint:The UN is also considered an IGO as its members are many nation states 13Tuesday, 1 April 2014
  14. 14. 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(last resort) • Veto Power (great power unanimity) has been used by all P5 on certain issues 14Tuesday, 1 April 2014
  15. 15. HISTORY OFVETO POWER Go on click here! 15Tuesday, 1 April 2014
  16. 16. 16Tuesday, 1 April 2014
  17. 17. EFFECTIVE????? 17Tuesday, 1 April 2014
  18. 18. • 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/other • 2 Latin American 18Tuesday, 1 April 2014
  19. 19. What do these mean? 19Tuesday, 1 April 2014
  20. 20. Finally these... 20Tuesday, 1 April 2014
  21. 21. • 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 21Tuesday, 1 April 2014
  22. 22. PEACE KEEPING 22Tuesday, 1 April 2014
  23. 23. • The UN has no standing military force, so it makes adhoc coalitions for every task (remember Rwanda) • Problems can arise from this system, lack of funding and lack of effective enforcement 23Tuesday, 1 April 2014
  24. 24. • "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 24Tuesday, 1 April 2014
  25. 25. UN 2013 REVIEW 25Tuesday, 1 April 2014
  26. 26. 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 26Tuesday, 1 April 2014
  27. 27. • 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 27Tuesday, 1 April 2014
  28. 28. • North Korea withdrew from the non-proliferation treaty (1968) in 2003 • In 2006 and 2012 nuclear testing was undertaken by north korea • In 2013, UNSC resolutions 2087 and 2094 put sanctions on this sovereign state Case Space: Nuclear threat - North Korea 28Tuesday, 1 April 2014
  29. 29. •How is this case concerning North Korea linked to the issues, themes and the effectiveness criteria? Discussion time Hint:This is the secret HSC Legal Studies 29Tuesday, 1 April 2014
  30. 30. Nuclear Non-Proliferation Treaty 1968 30Tuesday, 1 April 2014
  31. 31. • MultilateralTreaty to regulate the international trade in conventional weapons • The adoption of resolution 61/89 was 154 yes, 3 no (North Korea, Iran and Syria) and 23 abstained. • 116 nation states signed, 12 ratified.Will enter into force once 50 states accede or ratify Case Space: Success UNGA -The ArmsTradeTreaty 2013 31Tuesday, 1 April 2014
  32. 32. ARMSTRADETREATY 2013 32Tuesday, 1 April 2014
  33. 33. Arms Trade Treaty at Adoption UNGA 2013 33Tuesday, 1 April 2014
  34. 34. COURTS ANDTRIBUNALS • Est. 1946 - organ of the UN • 15 judges elected by the UN • cases involve disputes between states International Court of Justice (ICJ) 34Tuesday, 1 April 2014
  35. 35. ICJ RULING MACEDONIA 35Tuesday, 1 April 2014
  36. 36. • 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 36Tuesday, 1 April 2014
  37. 37. 37Tuesday, 1 April 2014
  38. 38. •The Rome Statute of the International Criminal CourtTreaty 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) 38Tuesday, 1 April 2014
  39. 39. ICC PRISON 39Tuesday, 1 April 2014
  40. 40. • 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 40Tuesday, 1 April 2014
  41. 41. UNSC RESOLUTION 1973 41Tuesday, 1 April 2014
  42. 42. NATO AND LIBYA 42Tuesday, 1 April 2014
  43. 43. What is this cartoon showing? 43Tuesday, 1 April 2014
  44. 44. Case space List of icc indicted criminals 44Tuesday, 1 April 2014
  45. 45. THOMAS LUBANGAVERDICT 45Tuesday, 1 April 2014
  46. 46. GERMAIN KATANGA CONVICTION 46Tuesday, 1 April 2014
  47. 47. • International CriminalTribunal for the FormerYugoslavia (ICTY) • International CriminalTribunal for Rwanda (ICTR) - UNSC Resolution 955 • The European Court of Human Rights, Strasbourg, France Other InternationalTribunals 47Tuesday, 1 April 2014
  48. 48. 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 48Tuesday, 1 April 2014
  49. 49. • 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 49Tuesday, 1 April 2014
  50. 50. 50Tuesday, 1 April 2014
  51. 51. • 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 AtlanticTreaty Organisation (NATO) Hint: NATO is a military organisation and may improve the level of effectiveness to develop peace but may violate international law when taking action 51Tuesday, 1 April 2014
  52. 52. 52Tuesday, 1 April 2014
  53. 53. HISTORY OF NATO 53Tuesday, 1 April 2014
  54. 54. • 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 54Tuesday, 1 April 2014
  55. 55. Group of 77 55Tuesday, 1 April 2014
  56. 56. CHINA’STERRITORIAL DISPUTES 56Tuesday, 1 April 2014
  57. 57. Case Space: Ukraine Crisis 2014 Click here for a full rundown • Tension between EU, NATO and the Eurasian Economic Union • The EU and Ukraine have signed an Association Deal March 2014 • IGO’s intentions can often lead to ongoing conflict between nations. NATO and Russia. • Economic interests are the main factors for governments decisions 57Tuesday, 1 April 2014
  58. 58. 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. E.G. Human Rights Watch 58Tuesday, 1 April 2014
  59. 59. • 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. Focuses on conflict resolution International Crisis Group (ICG) Hint: Most world order essays will ask you to include non-legal responses 59Tuesday, 1 April 2014
  60. 60. INTERNATIONAL CRISIS GROUP60Tuesday, 1 April 2014
  61. 61. 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 61Tuesday, 1 April 2014
  62. 62. • Australia has been involved in 54 peacekeeping forces, largely in the Asia-Pacific region • Australia’s involvement in EastTimor was highly successful (enforceability) Australia and peacekeeping Hint:The best example for Australian involvement in international conflict is EastTimor 62Tuesday, 1 April 2014
  63. 63. •Military Intervention by Indonesia 1975-99 •This conflict shows different international responses due to the motives of the permanent five (Political Will) Case Space: EastTimor 63Tuesday, 1 April 2014
  64. 64. 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 lack of media’s response to the conflict 64Tuesday, 1 April 2014
  65. 65. EGYPT,ARAB SPRING AND SOCIAL MEDIA 65Tuesday, 1 April 2014
  66. 66. POLITICAL NEGOTIATION, PERSUASION ANDTHE 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 Hint:This syllabus point must be integrated through your essay 66Tuesday, 1 April 2014
  67. 67. • Applying political pressure can change the behaviour of a nation who is not willing to comply • Persuasion can be considered as soft power Persuasion 67Tuesday, 1 April 2014
  68. 68. • 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, however some conflicts have seen illegal use of force e.g. Invasion of Iraq Use of Force 68Tuesday, 1 April 2014
  69. 69. International law exists but only when nation states wish to act upon it Ban-Ki Moon Hint:This dot point of the syllabus can be considered as a non-legal response 69Tuesday, 1 April 2014
  70. 70. • UN – most widely recognised international organisation, develops collective security, equal vote in UNGA, however has no permanent army, limited resources and UNSC use of veto • ICJ – only an advisory court, countries will either comply or reject the advice given, lacks enforceability • ICC - International permanent court which convicted two offenders, however lacks resources to prosecute, needs compliance from governments and only north african leaders have been indicted (western centric bias) • IGO’s - Regionally based, countries have closer economic and strategic links(compliance) , mutual benefits. Can also increase enforceability (NATO) however can cause conflict (Ukraine) • Media and NGO’s – very effective in applying pressure to nations to protect human rights but they don’t make the law like sovereign states do and can be biased in order make profit (media) THEME AND CHALLENGETIME Theme:The effectiveness of legal and non-legal responses in promoting and maintaining world order. 70Tuesday, 1 April 2014