1. Dr. Tabakian’s Political Science 7 Modern World Governments – Spring 2013 Supplemental Power Point Material #12
2. LECTURE HIGHLIGHTS (1)• Washington’s Backyard Dominance• North-South Capital Flows• Foreign Debt Is A Political Issue• American Use Of Trade As Weapon• Transition To Democracy• Democracy – Change From Within• 5 Generalizations Of Democracy• Roles Of International Organizations• The United Nations• The UN System• Purpose Of The UN• Structure Of The UN
3. LECTURE HIGHLIGHTS (2)• International Law• The World Court• Law And Sovereignty: Laws of Diplomacy• Just-War Doctrine• Human Rights: Individuals Versus Sovereignty• Human Rights Institutions• War Crimes• Evolution Of World Order
4. WASHINGTON’S BACKYARD DOMINANCE (1)Colonialism instilled harsh lessons on Central America thatcontinued in form from the time independent states wereestablished in Latin America in the 1820’s. In preparationfor independence, or any other form of internalrevolutionary actions, local elites transferred politicalpower unto themselves outside control of external powersstretching from areas like Madrid or Lisbon. Thus, thechannels of control instilled by the colonial period remnantin social and economic lines of control remained intact.Remaining prevalent towards the 21st Century, LatinAmerica remains in constant struggle to determine its owndestiny that has in a way been preordained through violentcolonial subjugation.
5. WASHINGTON’S BACKYARD DOMINANCE (2)Another factor that remains pertinent are the indigenouspeople who survived the conquest, recovering theirnumbers and still living in nearly all of the regions wherethey lived in the eighteenth century. They have alsoexpanded into new territories, establishing themselves inurban and industrial societies. There remains segments,including the indigenous people of Chiapas who are mostlyMayan who are forced to engage in revolutionary tactics inorder to survive. A rebellion led by the Zapatista LiberationFront on January 1, 1994 ignited in the state of Chiapas insouthern Mexico. The causes of their struggle arecomparable to a majority of the indigenous population aswell.
6. WASHINGTON’S BACKYARD DOMINANCE (3)Forced to endure hard labor under conditions of servitudefor centuries, their issues to date are primarily the lack ofland available for ownership. It is this reality that forcesindigenous peoples like those in Chiapas to work indespicable conditions for huge landowners. Seekingcontinued financial support from international financialinstitutions required Latin American countries to makestructural adjustments to their national economies. Intimes, these loans became conditional on suchadjustments, requiring their governments to cut costs andinflation by enacting fiscal reform, monetary restraint,cutting back jobs and services in the public sector andstopping government subsidies for basic goods orpetroleum.
7. WASHINGTON’S BACKYARD DOMINANCE (4)Furthermore, wages were to be frozen in order to checkinflation, thus keeping wage costs at bay in theincreasingly important export industries. The end of theCold War brought about a swift disappearance of a strongbipolar system to one dominated by Western Capitalismand the United States. In short order, economic policyrecommendations was dominated by the orthodoxcapitalist thinking advocated by the United States and herally the United Kingdom.
8. WASHINGTON’S BACKYARD DOMINANCE (5)Neoliberalism marched into Central America, emphasizingkey concepts such as the radical reduction of the size ofgovernment and its spending, fiscal and monetary reform,the liberalization of commerce through the elimination of alltariffs, allowing foreign investment, privatization and theelimination of government subsidies for essentialconsumer goods. Brought into being in order to preparethe people for full integration into the global economy andmost importantly, free trading with the West, neoliberalismfurther instilled radicalism among those whom revolutionsfailed to uplift. This constant trend of rapid assault on LatinAmerica has not allowed any seedling of stability to takeroot among its inhabitants.
9. WASHINGTON’S BACKYARD DOMINANCE (6)Foreign influence, mostly from the United States is widelyacknowledged by Central America as an assault on theirright to determine what road to take in deciding their owndestiny. Centuries of colonization, Latin America’s 500 yearold tradition of rebellion and revolution has not beenterribly kind to its people. There are many factors thattogether have ignited revolution and abrupt politicalchange. In time perhaps there will be a homegrownideology that will seek to qualm revolution, insteadpreserving peace and promoting prosperity for all. Nowthat the Cold War is over, perhaps the United States will intime cease with the promotion of brutal juntas, insteadencouraging a true people’s revolution for life, liberty andthe pursuit of happiness.
10. WASHINGTON’S BACKYARD DOMINANCE (7)The struggle now pertained to self-liberation, and liberationfrom foreign powers. The inherited political and culturaltraditions asserted an authoritarian proclivity, ingrainingitself into the political culture of Latin America. During theCold War, the United States sought to preserve stability inSouth America, thus often supporting dictatorial regimes inorder to thwart communist influence. Thus, the Cold Warand the Cuban embrace of socialism encouraged theUnited States to suppress progressive political movementsduring this period.
11. WASHINGTON’S BACKYARD DOMINANCE (8)Encouraging military and civilian allies in Latin America tothink in terms of the national security state, the UnitedStates sponsored counterinsurgency training for theirmilitaries at the School of the Americas in the PanamaCanal Zone and at U.S. military bases such as those foundat Fort Bragg, North Carolina. The end of the Cold Warallowed the world to move out of the western phase as thefocal point moved to the interaction between the West andnon-Western civilizations. Most important was thetransition of non-Western civilizations from colonial targetsof acquisition to being able to join the West “as moversand shapers of history”.
12. WASHINGTON’S BACKYARD DOMINANCE (9)Samuel P. Huntington argues that the world was dividedunto the First, Second, and Third Worlds. This no longerpertains, because we should now group countriesaccording to their culture and civilization. This contrasts tohow we grouped them in the past: according to their levelof economic or political system and level of economicdevelopment.
13. FOREIGN DEBT IS A POLITICAL ISSUE (1) Hans Morgenthau asserts that American foreign aid has been haphazard at best. Its goals may contradict American foreign policy goals for there has yet to be constructed a reliable structure for dispersing aid and gauging the needs of a recipient. There are no concrete standards for determining a foreign aid policy. Standards need to be set into place for policymakers to judge whether particular aid programs will provide real assistance.
14. FOREIGN DEBT IS A POLITICAL ISSUE (2) There are six types of foreign aid that all have in common the transfer of money, goods and services from one state to another. 1. Humanitarian 2. Subsistence 3. Military 4. Bribery 5. Prestige 6. Economic Development
15. FOREIGN DEBT IS A POLITICAL ISSUE (3) There is a commonly held belief that the most developed nations have a humane responsibility to assist underdeveloped nations so that they too are able to invest in economic development. Aid directed towards economic development is one of the most legitimate forms of foreign aid. One can argue that developed nations need to teach needy states to fish instead of providing continued sustenance.
16. FOREIGN DEBT IS A POLITICAL ISSUE (4) A majority of analysts believe that the debt of the Third World is too big for them to pay back in full. This means that the debt is now a political issue for the United States as well as other rich countries. Rich nation-states have to come to terms with handling this issue for they will be the ones who have to solve this predicament. Latin America and other Third World countries are in big trouble for they have yet to recover from the economic depression of the 1980s, a crisis of the same magnitude if not worse than the 1930s. This has implications for not only the Third World, but also affects the United States for its interests are so vast that they will be inflicted with an economic shockwave that may destabilize its domestic and foreign policies.
17. FOREIGN DEBT IS A POLITICAL ISSUE (5) Hans J. Morgenthau argues that some poor states are still in a medieval stage of cultural development. The lack of a comparable moral and intellectual revolution as what helped the West achieve economic development may also be a factor. This does not mean that these states will not be able to achieve transformation in the future. One billion people, or more than one-fifth of the world’s population lives on less than one dollar a day. Western Europe and the United States surpassed this standard two hundred years ago.
18. FOREIGN DEBT IS A POLITICAL ISSUE (6) There are wide ranges of development objectives that determine the level of economic progress. We identify seven: 1. Better Education 2. Improved Health And Nutrition 3. Cleaner Environment 4. Less Poverty 5. Equal Opportunity 6. Increased Individual Freedom 7. Prosperous Cultural Environment
19. AMERICAN USE OF TRADE AS A WEAPONTrade has always been a tool for American foreign policy.This policy pursuit became more so following the attacks ofSeptember 11, 2001. Soon after the attacks, US TradeRepresentative Robert Zoellick identifies trade expansionas a tool to America’s fight against terrorism. Capitalismdepends on con-capitalist structures, namely militarismand imperialism so that it can continue to expand marketsas well as its scope of subjugation.
20. TRANSITION TO A DEMOCRACY (1)Many researchers attest that transitions from authoritarianrule have begun with discord emerging from within militarygovernments and their relations with bourgeois allies. Mostdisagreements have been found to be over economicproblems. The push for liberalization and democratizationwould be pushed forward by a reemerging civil society thatmay be calling for greater representation due to theirinfluences with capital development. Constant conflictdeveloped fissures with gaps developing between thosegroups in control. These divisions allowed civil society tosurge into these free areas, enabling coalitions to formbetween soft-liners in the state apparatus and those in thedemocratic opposition.
21. TRANSITION TO A DEMOCRACY (2)Decentralization can also lead to the formation of newpositions of power that local elites staff for the benefit ofclientelistic networks. Two conditions for successfuldemocratization are:1. Settled Borders2. Popular Consensus Supporting Inclusive Definition Of The Nation
22. TRANSITION TO A DEMOCRACY (3)Evidence has shown that nations having moreauthoritarian or controlled economies are more prone tofailure than the American economy. Elites show favortowards formal democracies for they do not seesubordinates as posing much of a threat as theirorganizational power base is weak. It also helps that themost powerful members of the economic elite support thecapitalist economic model. Subordinates living in formaldemocracies are especially in favor of the currenteconomic model.
23. TRANSITION TO A DEMOCRACY (4)Theda Skocpol does not equate democratization aspolitical liberalism or democratic socialism, but rather as anincrease in popular participation in the national life of acountry. This in turn strengthens the core of national statedask directed by authoritarian political leaders. A struggle forpower takes place during a revolution where elitescompete for support from groups that had been previouslyexcluded. This is done by promising material or ideologicalincentives. Popular participation is favored as it allows theforging of organizations that can serve to suppress thosethat are somewhat radical. Protracted international warfareserves as a good rallying call that mobilizes citizen supportin support of a revolutionized regime.
24. TRANSITION TO A DEMOCRACY (5)Francis Fukuyama identifies two ways that we can accountfor recent waves of democratization. He cites the first asbeing economic with a strong correlation betweeneconomic development and a stable democracy. Thesecond is ideology, which constitutes the most importantexplanation for the recent wave of democratization. Mostof the countries that experienced democratic upheavalshad taken place in the past few generations from mostlyagricultural to modern industrial societies with high levelsof urbanization, labor mobility, education and otherpertaining factors.
25. DEMOCRACY – CHANGE FROM WITHIN (1)Arguing that external environments encourage states tobecome democratic cannot adequately explain why theSoviet Union fell from superpower status into a consortiumof democratic republics. Threat assessments from withinSoviet society had changed whereas the externalenvironment did not change significantly. The only changewas from within the Soviet Union in terms of its ideology,which in turn determines threat assessments. Ideology canserve as a filter of sorts that helps determine whether apeople are dedicated to peaceful coexistence or war withother peoples. Distributions of power in the internationalsystem serve only as a second consideration, especiallyhow the international community reacts to a change in theinternal ideology of a state.
26. DEMOCRACY – CHANGE FROM WITHIN (2)Environmental factors had no influence over thedismantling of the Soviet empire with its disseverment ofterritory, military power, economic resources andgeographical position. The reason for this occurrence isthat its integrating ideologies of Russian nationalism andMarxism-Leninism have ceased credibility among itscitizens. National unity is still a necessary precondition fordemocracy to take root in the former Soviet Union.Dankwart Rustow has shown that democracy cannotdevelop in regions where a common allegiance of beliefsdoes not exist.
27. DEMOCRACY – CHANGE FROM WITHIN (3)Francis Fukuyama argues that nationalisms may fosterconflict and instability, but can enter into a period ofmaturity when national identities are better defined,accepted and form a foundation for national unity.Fukuyama argues that following Word War II that allmodern European nationalism has become “Turkified”meaning that these nationalisms no longer declare as itsgoal to extend its rule over other nations.
28. DEMOCRACY – CHANGE FROM WITHIN – INDIA (4)With a long experience as a parliamentary democracy and oneof the world’s fastest growing economies, India’s middle class ismore than 500 million people strong. With professional skillsand employment to match, India’s new middle class istransforming the country. New industries are springing up tomeet the demands of the Indian middle class, and companieslike Citibank, McDonald’s, and Motorola are increasinglyoperating in India. In the 1970s, the Indian economy was widelycriticized for the high level of state intervention and regulation.While state control of the market kept inflation and budgetdeficits low, the “quota-permit-raj” strangled the private sector,limiting investment and economic growth. The decision toliberalize the economy in the early 1990s led to a rapid period ofeconomic growth.
29. DEMOCRACY – CHANGE FROM WITHIN – INDIA (5)While a sizable portion of India’spopulation continues to live in poverty—especially in the countryside—a newmiddle class has emerged. Multinationalcorporations are investing in India,establishing production facilities andservice sector jobs while simultaneouslyproducing goods for the new Indianmiddle class. But for critics, theemergence of the Indian middle class hasbeen accompanied by a breakdown in thesocial order, replacing traditional valueswith Western consumerism.
30. DEMOCRACY – CHANGE FROM WITHIN – KENYA (6)With a gross domestic product per capita of approximately$1200, an unemployment rate of more than 40 percent,and almost half the population living below the povertyline, Kenya is among the poorest countries in Africa.Extensive government corruption led the World Bank tosuspend aid in 2006, and the International Monetary Fundhas delayed loan distributions to the government pendingsuccessful reform. To what extent are Kenya’s currentproblems the result of the country’s colonial experience?To what extent are they the result of corruption and rent-seeking behavior on the part of post-colonial leaders?Such questions are at the heart of the North-South gap.
31. DEMOCRACY – CHANGE FROM WITHIN – KENYA (7)Kenya achieved independence from theBritish Empire in 1963. From 1963-1992,Kenya was ruled as a de facto one-partystate. Since 1992, the country hasgradually liberalized and democratized.Attempting to spur economicdevelopment, the government hasborrowed extensively from the World Bankand International Monetary Fund, andpublic debt currently represents more thanhalf the country’s gross domestic product.But corruption remains a major problemfor the government, and the economy hasgrown relatively slowly since a nation-widedrought began in 2000.
32. DEMOCRACY – 5 GENERALIZATIONSValerie Bruce states that there are five generalization inherentin the comparative study of democratization that are pertinentto new democracies as well as all democracies regardless ofwhen they had taken form. First, high levels of capitaldevelopment helps to maintain democracy. Second, politicalleaders are needed to create and maintain democracies bothin good times or bad. Third, parliamentary rather thanpresidential systems have been found to be more successfulin maintaining democracies. Fourth, issues pertaining tonational and state power structures have to be determinedearly on for democracy to survive. Fifth, all democracies,regardless of their age or fragility are never certain about thefuture, but share a common adherence to procedures ofgovernance that should not change.
33. ROLES OF INTERNATIONAL ORGANIZATIONS (1)• Most international conflicts are not settled by military force. – States generally refrain from taking maximum short-term advantage of each other. – States work together by following rules they develop to govern their interactions. – Institutions grow up around rules and states tend to work through these institutions.
34. ROLES OF INTERNATIONAL ORGANIZATIONS (2)• International norms: – Sovereignty and respect for treaties. – However, adherence to norms may vary; different expectations for normal. – In times of change, when these norms and habits may not suffice to solve international dilemmas and resolve conflict, institutions play a key role.
35. ROLES OF INTERNATIONAL ORGANIZATIONS (3)• International organizations (IOs): – Include intergovernmental organizations (IGOs) such as the UN, and nongovernmental organizations (NGOs) such as the International Committee of the Red Cross. – Growth of IOs. – Global nature of some IOs. – Regional IOs. – Global IGOs. – NGOs – more specialized in function than IGOs. • Often religious groups are among the largest NGOs.
36. THE UNITED NATIONS• State sovereignty creates a real need for such organizations on a practical level – why? – because no central world government performs the function of coordinating actions of states for mutual benefit.• State sovereignty also severely limits the power of the UN and other IOs.• Reserve power to themselves.
37. THE UN SYSTEM• UN is a relatively new institution, just over 60 years old.• Newer is the prominent role it has played in international security affairs since the end of the Cold War.
38. PURPOSE OF THE UN• Members are sovereign states who give consent to the UN to carry out its mission.• UN Charter: – Based on the principles that states are equal under international law. – States have full sovereignty over their own affairs. – States should have full independence and territorial integrity. – States should carry out their international obligations. – Also lays out the structure of the UN and how it operates.
39. STRUCTURE OF THE UN (1)• UN General Assembly: – Representatives of all states; coordinates a variety of development programs and other autonomous agencies through the Economic and Social Council.• UN Security Council: – Five great powers and 10 rotating member states make decisions about international peace and security. – Dispatches peacekeeping forces to troubled spots.• UN Secretariat: – Takes care of the administration of the UN; led by the secretary-general.
40. STRUCTURE OF THE UN (2)• World Court: – Judicial arm of the UN.• National delegations to the UN, headed by ambassadors from member states, work and meet together at the UN headquarters in NYC.• Universality of membership: – 192 members in 2007.• Five great powers each have a veto over substantive decisions of the Security Council.• Mechanism for collective security.
41. HISTORY OF THE UN• Founded in 1945 in San Francisco by 51 states.• Successor to the League of Nations.• Tension with the U.S.• Increases in membership in the 1950s and 1960s: – Impact on voting patterns.• Role during the Cold War.• Role after the Cold War.• Currently follows the principle of “three pillars” – Security, economic development, and human rights.
42. THE SECURITY COUNCIL (1)• Responsible for maintaining international peace and security and for restoring peace when it breaks down.• Decisions binding on all UN member states.• Has tremendous power to define the existence and nature of a security threat, structure the response to that threat, and enforce its decisions through mandatory directives to UN members. – 1,700 resolutions in six decades.
43. THE SECURITY COUNCIL (2)• Five permanent members: – U.S., Britain, France, Russia, and China.• Substantive Security Council resolutions require 9 votes from among the 15 members, but a “no” vote from any permanent member defeats the resolution. – veto power.
44. THE SECURITY COUNCIL (3)• Council’s 10 nonpermanent members rotate onto the Council for 2-year terms. – Elected (5 each year) by the General Assembly from a list prepared by informal regional caucuses. – Chairperson rotates among the Council members monthly. – Meets irregularly.• Power limited in two major ways: – Council’s decisions depend entirely on the interests of its member states. – Although Security Council resolutions in theory bind all UN members, member states in practice often try to evade or soften their effect.
45. THE SECURITY COUNCIL (4)• Military Staff Committee: – Formal mechanism for coordinating multilateral military action in response to aggression.• Proposed changes to the Security Council – Japan and Germany. • Implications for balance.
46. PEACEKEEPING FORCES (1)• Not mentioned in the UN Charter: – Charter requires member states to place military forces at the disposal of the UN; anticipated to be used in response to aggression (under collective security). – Neutral forces: • Problematic when one side is identified as the aggressor (Bosnia).
47. PEACEKEEPING FORCES (2)• Peacekeeping missions – Authority for these granted by the Security Council for a limited but renewable period of time – Funds must be voted on by the General Assembly• Recent missions – Democratic Congo – Darfur in Sudan – Bosnia – Liberia – Ivory Coast – Haiti• Observing and peacekeeping• Peacemaking
48. PEACEKEEPING FORCES (3)In 1991, the Somali Government collapsedand the country fell under control of localwarlords. General Mohamed Farrah Aididtook control of Mogadishu, the formercapital of Somalia, and maintained power bycontrolling UN relief aid. The United Nationstried unsuccessfully to intervene, and Aididmaintained control of the region until hisdeath in 1996. The collapse of the SomaliState, the power wielded by Somaliwarlords, and the failure of internationalinterventions in the country raise questionsabout the use of force and the role of theUnited Nations in the post-Cold War era.These concepts are central to the study ofinternational relations today.
49. THE SECRETARIAT• The secretary-general of the UN is the closest thing to a “president of the world” that exists. – Represents member states. – Nominated by the Security Council.• Secretariat is the executive branch of the UN: – Administers UN policy and programs. – Develops an international civil service of diplomats.• Secretary-general: – Visible figure who often serves as a mediator in international conflicts. – Works to bring together the great-power consensus.
50. THE GENERAL ASSEMBLY• 192 voting members meet every year, from late September to early January in plenary session.• Convenes special sessions every few years on topics such as economic cooperation.• Has the power to accredit national delegations as members of the UN.• Main power lies in its control of finances for UN programs and operations, including peacekeeping.• Economic and Social Council: – Has 54 member states elected by the General Assembly for 3-year terms.
51. UN PROGRAMS• Uses more than a dozen major programs to advance economic development and social stability in poor states of the global South.• Each program has a staff, headquarters, and various operations in the field where it works with host governments in member states. – UN Environment Program. – UNICEF. – Office of the UN High Commissioner for Refugees. – UN Development Program. – UN Conference on Trade and Development.
52. AUTONOMOUS AGENCIES• UN General Assembly maintains formal ties with about 20 autonomous international agencies not under its control. – Mostly specialized technical organizations through which states collectively address problems such as health care and labor conditions. – International Atomic Energy Agency. – World Health Organization. – Food and Agriculture Organization. – International Labor Organization and others.
53. INTERNATIONAL LAW• Derives not from the actions of a legislative branch or other central authority, but from tradition and agreements signed by states.• Differs in: – Difficulty of enforcement, which depends on reciprocity, collective action, and international norms.
54. SOURCES OF INTERNATIONAL LAW• Declarations of the UN General Assembly are not laws, and most do not bind members.• Treaties and other written conventions signed by states are the most important source. – Are binding on successor governments regardless of that government’s circumstances• Custom is the second major source of international law.• Great principles of law also serve as another source.• Legal scholarship is a fourth source.
55. ENFORCEMENT OF INTERNATIONAL LAW• International law is much more difficult to enforce. – Depends heavily on the reciprocity principle. – States also follow international law because of the general or long-term costs that could come from disregarding international law. – If a state breaks an international law, it may face a collective response by a group of states, such as sanctions. – One great weakness: depends entirely on national power.
56. THE WORLD COURT (1)• Rudiments of a general world legal framework found here.• Only states can sue or be sued in the World Court.• Is a panel of 15 judges elected to 9-year terms by a majority of both the Security Council and the General Assembly.
57. THE WORLD COURT (2)• Meets in The Hague, the Netherlands.• Great weakness: – States have not agreed in a comprehensive way to subject themselves to its jurisdiction or obey its decisions. – Only a third have signed the optional clause in the treaty agreeing to give the Court jurisdiction in certain cases.• Main use of the World Court now is to arbitrate issues of secondary importance between countries with friendly relations overall.
58. INTERNATIONAL CASES IN NATIONAL COURT (1)• A party with a dispute that crosses national borders gains several advantages by pursuing the matter through the national courts of one of the relevant states. – Judgments are enforceable. – Individuals and companies can pursue legal complaints through national courts, whereas in most areas of international law, states must themselves bring suits on behalf of their citizens. – There is often a choice of more than one state within which a case could legally be heard; one can pick the legal system most favorable to one’s case.
59. INTERNATIONAL CASES IN NATIONAL COURT (2)• U.S. is a favorite jurisdiction within which to bring cases for two reasons: – U.S. juries have a reputation for awarding bigger settlements. – Because many people and governments do business in the U.S., it is often possible to collect damages awarded by a U.S. Court.• Extradition.• Immigration law.
60. LAW AND SOVEREIGNTY: LAWS OF DIPLOMACY (1)• Bedrock of international law is respect for the rights of diplomats.• Diplomatic recognition: – Credentials.• Diplomats have the right to occupy an embassy in the host country as though it were their own state’s territory.• Diplomatic immunity: – Espionage.
61. LAW AND SOVEREIGNTY: LAWS OF DIPLOMACY (2)• Diplomatic pouches.• Interests section. – When two countries lack diplomatic relations, they often do business through a third country willing to represent a country’s interests formally through its own embassy.• Formal complaints.• Terrorism – in this context the law of diplomacy is repeatedly violated. – Tempting targets for terrorists.
62. JUST-WAR DOCTRINE• International law distinguishes just wars (wars that are legal) from wars of aggression (which are illegal).• Today, legality of war is defined by the UN Charter, which outlaws aggression but allows “international police actions.” – Strong international norm. – States have a right to respond to aggression. • This is the only allowable use of military force according to just-war doctrine.• Just-war approach explicitly rules out war as an instrument to change another state’s government or policies, or ethnic and religious conflicts.
63. HUMAN RIGHTS:INDIVIDUALS VERSUS SOVEREIGNTY (1) • The idea of human rights flies in the face of sovereignty and territorial integrity. • Consensus on the most important human rights also lacking. – Rights are universal versus relativism.
64. HUMAN RIGHTS:INDIVIDUALS VERSUS SOVEREIGNTY (2) • Concept of human rights comes from at least three sources: – Religion. – Political and legal philosophy. – Theory of natural law and natural rights (political revolutions brought theory to practice).
65. HUMAN RIGHTS:INDIVIDUALS VERSUS SOVEREIGNTY (3) • No globally agreed-upon definitions of the essential human rights exist. • Often divided into two broad categories: – civil-political “negative rights” – free speech, freedom of religion, equal protection under the law, freedom from arbitrary imprisonment. – economic-social “positive rights” – rights to good living conditions, food, health care, social security, and education.
66. HUMAN-RIGHTS INSTITUTIONS (1)• Universal Declaration of Human Rights: – Does not have the force of international law. – Does set forth international norms. – Since its adoption, the UN has opened 7 treaties for state signature to further define protections of human rights. • Two important treaties: International Covenant on Civil and Political Rights and the International Covenant on Economic, Social, and Cultural Rights.• Convention Against Torture (CAT), 1987.
67. HUMAN RIGHTS INSTITUTIONS (2)• Convention on Rights of the Child (CRC),1990: – Every country except Somalia and the U.S. has approved it.• Role of IOs in protecting human rights.• Today, NGOs play a key role in efforts to win basic political rights in authoritarian countries. – Amnesty International.
68. WAR CRIMES (1)• Large-scale abuses of human rights often occur during war.• International law is especially difficult to enforce during war. – But extensive norms of legal conduct in war, as well as international treaties, are widely followed. – After war, losers can be punished for violations of the laws of war.
69. WAR CRIMES (2)• Crimes against humanity: – Genocide. – International Criminal Court (ICC). • Universal jurisdiction. – International Committee of the Red Cross (ICRC).• Lack of declaration of wars.
70. EVOLUTION OF WORLD ORDER• The most powerful states, especially hegemons, have great influence on the rules and values that have become embedded over time in a body of international law. – Free passage of the seas and the role of the powerful Dutch in 1600s. – 20th century – powerful United States of America: • World too large for any single state to police effectively. • World goes along but tries to influence the rules themselves.• New international norms: – unsettled