Ever since the Charter of the United Nations was signed in 1945, human rights have constituted one of its three pillars, along with peace and development. As noted in a dictum coined during the World Summit of 2005: “There can be no peace without development, no development without peace, and neither without respect for human rights.” But while progress has been made in all three domains, it is with respect to human rights that the organization's performance has (...) experienced some of its greatest shortcomings. Not coincidentally, the human rights pillar receives only a fraction of the resources enjoyed by the other two—a mere 3 percent of the general budget. (shrink)

The book offers insights on whether international law can shape the politics of the Security Council and, conversely, the extent to which the latter contribute to the development of international law. By providing a systematic analysis of the quantity and quality of international legal instruments referred to in the text of resolutions, the book reconstructs patterns of the Security Council's behavioural regularities and assesses them against the provisions of the United Nations Charter, which establishes its mandate. The (...) analysis is divided into three periods - the origins and Cold War period, post-Cold War period and the twenty-first century - and assesses the resolutions passed in each period by thematic category. The book argues that while international law plays an important role in shaping the politics of the Security Council, the Council's resolutions do not contribute significantly to the development of international law. (shrink)

President Barack Obama should strive to realize the ideal goals expressed in the UN Charter. Accordingly, the concept of U.S. foreign policy should be replaced by a concept of UN global policy. Relatedly, the traditional concept of national security should be replaced by a cosmopolitan concept of global state and human security. Topics discussed include the role of the Security Council, the responsibility to protect (R2P), just war principles, UN peacekeeping operations, genocide in Darfur, treaties and other sources of (...) international law, nuclear abolition, climate change, the role of diplomacy, and the common good. (shrink)

The UN has to date not been effective in preventing genocide, and has had only a slightly better record in stopping it. There have been occasions when its interventions has occurred only after a genocide has taken place, and even then its major focus has been on facilitating the provision of aid by non-governmental agencies rather than on the task of tracking down the perpetrators and bringing them to justice. The exceptions of the ICTY and the ICTR are so stark, (...) in this regard, that they only serve to throw light on the many other genocidal events where the UN has not initiated measures against those responsible for carrying them out. In short, as a body the UN has no—until very recently—even approached the fulfillment of its mandate as articulated in the Convention on the Prevention and Punishment of the Crime of Genocide, and only rarely invoked Chapter VII of the UN Charter in order to intervene physically for the purpose of countering threats to peace or stopping conflict. Its strengths, so far as there have been any, have focused on balancing great power interests with demands to intervene more forcefully. While in the years up to 1989 this could be seen as a way of maintaining the peace (albeit over the broken bodies of victims of genocide in places such as Biafra, Cambodia, and East Timor), since then the UN has been required to act with greater resolve and purpose. The failures of Bosnia, Rwanda, and Kosovo must thus be seen as having been brought on by a transition from one international regime to another; from a Cold War regime in which the UN—s main role was one of preventing a third (and possibly nuclear) World War from breaking out, to a post-Cold War regime which appears increasingly to be characterized by the UN searching for a new role in which humanitarian issues are to assume a higher priority than they once did. Whether or not this will continue, of course, will depend on an extremely wide variety of circumstances—and at this time it is likely that only a few of these can accurately be anticipated. (shrink)

This chapter examines the order/justice issue within the institutionalized context of the UN. It asks whether the UN and its members have achieved a substantive consensus on the content of international justice, and concludes that the underlying tension evident in the UN Charter between rules designed to bolster interstate stability and those aimed at the promotion of justice still persist. Nevertheless, it also argues that the pursuit of various justice issues has long been seen as a legitimate part of (...) UN activities; thus, despite the controversies such activities generate, the UN's interest in justice issues will continue. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Convention for Protection of Human Rights and Dignity of the Human Being with Regard to the Application of Biology and Biomedicine: Convention on Human Rights and BiomedicineCouncil of EuropePreambleThe Member States of the Council of Europe, the other States and the European Community signatories hereto,Bearing in mind the Universal Declaration of Human Rights proclaimed by the General Assembly of the United Nations on 10 December 1948;Bearing in (...) mind the Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950;Bearing in mind the European Social Charter of 18 October 1961;Bearing in mind the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights of 16 December 1966;Bearing in mind the Convention for the Protection of Individuals with Regard to Automatic Processing of Personal Data of 28 January 1981;Bearing also in mind the Convention on the Rights of the Child of 20 November 1989;Considering that the aim of the Council of Europe is the achievement of a greater unity between its members and that one of the methods by which that aim is to be pursued is the maintenance and further realisation of human rights and fundamental freedoms;Conscious of the accelerating developments in biology and medicine;Convinced of the need to respect the human being both as an individual and as a member of the human species and recognising the importance of ensuring the dignity of the human being; [End Page 277]Conscious that the misuse of biology and medicine may lead to acts endangering human dignity;Affirming that progress in biology and medicine should be used for the benefit of present and future generations;Stressing the need for international co-operation so that all humanity may enjoy the benefits of biology and medicine;Recognising the importance of promoting a public debate on the questions posed by the application of biology and medicine and the responses to be given thereto;Wishing to remind all members of society of their rights and responsibilities;Taking account of the work of the Parliamentary Assembly in this field, including Recommendation 1160 (1991) on the preparation of a Convention on bioethics;Resolving to take such measures as are necessary to safeguard human dignity and the fundamental rights and freedoms of the individual with regard to the application of biology and medicine;Have agreed as follows:Chapter IGeneral provisionsArticle 1. (Purpose and object)Parties to this Convention shall protect the dignity and identity of all human beings and guarantee everyone, without discrimination, respect for their integrity and other rights and fundamental freedoms with regard to the application of biology and medicine.Each Party shall take in its internal law the necessary measures to give effect to the provisions of this Convention.Article 2. (Primacy of the human being)The interests and welfare of the human being shall prevail over the sole interest of society or science.Article 3. (Equitable access to health care)Parties, taking into account health needs and available resources, shall take appropriate measures with a view to providing, within their jurisdiction, equitable access to health care of appropriate quality. [End Page 278]Article 4. (Professional standards)Any intervention in the health field, including research, must be carried out in accordance with relevant professional obligations and standards.Chapter IIConsentArticle 5. (General rule)An intervention in the health field may only be carried out after the person concerned has given free and informed consent to it.This person shall beforehand be given appropriate information as to the purpose and nature of the intervention as well as on its consequences and risks.The person concerned may freely withdraw consent at any time.Article 6. (Protection of persons not able to consent)1. Subject to Articles 17 and 20 below, an intervention may only be carried out on a person who does not have the capacity to consent, for his or her direct benefit.2. Where, according to law, a minor does not have the capacity to consent to an intervention, the intervention may only be carried out with the authorisation of his or her representative or an authority or a person or... (shrink)

Over the past seventy-five years, the UN secretary-general has come to occupy a highly visible position in world politics. While the UN Charter describes the post merely as the “chief administrative officer” of the organization, today it is widely recognized that the secretary-general also plays a central role in political matters. What makes the role of the UN secretary-general special? Where does the office's authority come from? As part of the special issue on “The United Nations at (...) Seventy-Five: Looking Back to Look Forward,” this essay looks back at the tenures of previous UN secretaries-general and applies ideas from sociological institutionalism to argue that the UN secretary-general holds the position of a “guardian” of the UN Charter. The UN secretary-general, more than anyone else within the UN system, represents the UN overall. From this flows great responsibilities and challenges, as the UN secretary-general is often expected to step in when other parts of the UN are unable or unwilling to act, and to take the blame when things go wrong. But this special position also endows the office with a substantial degree of authority, which future holders of the office can use to shape policies and mobilize support as the UN seeks to address urgent global challenges. (shrink)

ABSTRACTSome people might argue that there are already too many different documents, guidelines, and regulations in bioethics. Some overlap with one another, some are advisory and lack legal force, others are legally binding in countries, and still others are directed at narrow topics within bioethics, such as HIV/AIDS and human genetics. As the latest document to enter the fray, the UNESCO Declaration has the widest scope of any previous document. It embraces not only research involving human beings, but addresses broader (...) concerns in medicine and healthcare. The UNESCO draft declaration has some minor weaknesses, but on the whole, the strengths outweigh the weaknesses. One weakness is that some items in the draft are stated in a way that is too restrictive, thereby appearing to rule out legitimate activities. A strength of the Declaration is that it is relatively brief, yet at the same time contains sufficient detail to make it something more than a rehearsal of mere pieties. As the most recent of the numerous bioethics and human rights documents, the UNESCO draft draws on many of the earlier documents and also includes some of the most recent thinking about ethical norms and obligations. Perhaps its greatest strength lies not in details of the principles or their implementation, but rather in its stature as an international declaration issued by a United Nations organization. (shrink)

Doctoral programs at U.S. universities play a critical role in the development of human resources both in the United States and abroad. This volume reports the results of an extensive study of U.S. research-doctorate programs in five broad fields: physical sciences and mathematics, engineering, social and behavioral sciences, biological sciences, and the humanities. Research-Doctorate Programs in the United States documents changes that have taken place in the size, structure, and quality of doctoral education since the widely used 1982 (...) editions. This update provides selected information on nearly 4,000 doctoral programs in 41 subdisciplines at 274 doctorate-granting institutions. This volume also reports the results of the National Survey of Graduate Faculty, which polled a sample of faculty for their views on the scholarly quality of program faculty and the effectiveness of doctoral programs in preparing research scholars/scientists. This much-anticipated update of such an essential reference will be useful to education administrators, university faculty, and students seeking authoritative information on doctoral programs. (shrink)

Notwithstanding constant “crises of confidence,” a high number of international disputes lay at the docket of the International Court of Justice in The Hague. In the word of Judge Rosalyn Higgins, states are turning to the ICJ for the peaceful settlement of their disputes. The option provided by the Charter of the United Nations in limiting the compulsory jurisdiction of the Court to certain categories of disputes, clearly contributes to convening a greater number of states to accept (...) this international jurisdiction, resolve their disputes peacefully and in accordance with international law. Not surprisingly, only a few declarations provided in Article 36 of the Statute of the Court do not contain any reservation as to the limits of the Court’s competence. Interwar Lithuania contributed heavily to the strengthening of international justice. It was amongst the first members of the League of Nations to recognise the compulsory jurisdiction of the Permanent Court of International Justice and remained its faithful supporter until the very end of the Court’s activities. International justice provided at least titular security guarantees for the young nation. This faith of the Lithuanian government in relying on international justice was rewarded in full. The Lithuanian State defended its legitimate place amongst the independent nations and successfully stood up for its interests in all three cases before the Permanent Court. (shrink)

This article about restorative justice practices of Native American Restorative Justice of the southwestern United States is not intended to be all-inclusive, but rather a broad thematic overview. It includes interviews with three justice practitioners of the southwestern United States: The Honorable Robert Yazzie, chief justice emeritus of the Navajo Nation Supreme Court and director of the Dine’é Policy Institute of the Dine’é College at Tsaile, Arizona, a college chartered by the Navajo Nation; Judge Joseph Flies-Away of the (...) Hualapai Nation; and James Zion, formerly solicitor to the Navajo Nation Courts, currently domestic abuse commissioner at Crownpoint, New Mexico, Family Court. (shrink)

The United Nations is the world's most extensive international organization whose primary task is to create a new international security framework, the maintenance of international peace and security. United Nations not only to retain the World Health Organization, International Labour Organization, International Court of Justice and other international cooperation organizations, to promote throughout the world from Euro-centric changes to the global system, but also provides a world political center stage, but it has not succeeded in expectations (...) of its founders to establish the international security framework and the security of each country to obtain a new world order. The end of the Cold War can finally restore the UN's ability to successfully perform the duties assigned to it by the Charter, or whether the disappearance of confrontation between the superpowers but exposed the establishment of a global structure of international security barrier deep, although it seems after the were more likely, but will wait and see. The United Nations is the most general international organization in the world at present, the primary mission of which is to establish a new international security framework in order to maintain international peace and security. The UN not only preserved international cooperation organs like the World Health Organization , the International Labour Organization, and the International Court of Justice, and facilitated the transformation of the world from a Eurocentric to a global system; but also provided a focus for world politics. But it has not succeeded in creating an international security framework conceived by its fathers and a new world order from which every state gains a security shield. It remains to be seen whether the end of the Cold War will eventually restore the capacity of the UN to fulfil the role set in its Charter; or whether, as scents more likely, the disappearance of superpower confrontation will only reveal deeper systematic obstacles of the creation of an effective global structure of international security. (shrink)

Nicholas Biddle, the president of the Second Bank of the United States during its fateful battle with the Jackson Administration, was the nation’s first true central banker. He was also a prolific writer whose widely followed speeches, reports, and expository letters to editors and legislators made him the nation’s leading spokesperson for the rising power of finance capital. Relating Biddle’s little-studied legal, legislative, and literary experience to his better-known banking career, this paper considers in turn two fundamental problems of (...) early American finance that Biddle confronted. One was a problem of regulation: while they were entrusted with quasi-sovereign authority over the money standard in the early United States, commercial banks could not actually control the circulation and value of the competing currencies they produced. Central banking, as Biddle conceived it, came partly in answer to bankers’ need to regulate the money supply as sovereigns once had. The second problem was one of representation: just when men of little or no property were gaining political power in the United States, and just when ordinary people were coming to rely on monetary transactions in qualitatively new ways, control over the supply of cash and credit was ceded to unelected bankers and faceless corporations. The logic of popular sovereignty appeared increasingly in tension with the sovereign privileges bestowed on state-chartered banks. Biddle’s vision of central banking arose, in large measure, in response to the ideological challenge of justifying the growing authority of banks and bankers in Jacksonian America. (shrink)

The United Nations Charter prohibits states to use force against other states except in ‘individual or collective self-defence if an armed attack occurs’.1 In the past, it may have seemed reasonable to insist that permissible defence must await the actual occurrence of an armed attack. Because war is usually disastrous for all concerned and to be avoided if at all possible, and because successful defence has often been at least possible against a military attack, it may not (...) be imprudent for a state threatened with attack by another state to make every effort to avoid war by diplomatic means and thus to defer military action until its adversary actually strikes the first blow. It is also possible to deter the attack by threatening the potential aggressor both with military defeat and with the destruction, if war occurs, of assets that the aggressor values – for example, in the case of a tyrannical regime, military assets on which it depends for control of its own population. (shrink)

ABSTRACT The Universal Draft Declaration on Bioethics and Human Rights seeks to provide moral direction to nations and their citizens on a series of bioethical concerns. In articulating principles, it ranks respect for human rights, human dignity and fundamental freedoms ahead of respect for cultural diversity and pluralism. This ranking is controversial because it entails the rejection of the popular theory, conventionalist ethical relativism. If consistently defended, this theory also undercuts other United Nations activities that assume member (...) states and people around the world can reach trans‐cultural judgments having moral authority about health, pollution, aggression, rights, slavery, and so on. To illustrate problems with conventionalist ethical relativism and the importance of rejecting it for reasons of health, human rights, human dignity and fundamental freedoms, the widespread practice of female genital circumcision or cutting is discussed. These surgeries are virtually a test case for conventionalist ethical relativism since they are widely supported within these cultures as religious and health practices and widely condemned outside them, including by the United Nations. (shrink)

The United Nations Global Compact has difficulties in attracting new voluntary members and inciting them to implement its ten principles. The present article analyzes this implementation deficit from the perspective of Lockean social contract theory and derives new strategies for reducing it. On this view, the UNGC presents itself as the attempt to realize a set of moral norms, typically enforced by an impartial minimal state, protecting its citizens from violations of their natural rights, negative externalities and discrimination (...) by bribed officials. It will only succeed in facilitating the realization of those norms on a strictly voluntary basis, if it manages to overcome the underlying n-person prisoner’s dilemma. This requires the existence of a critical mass k < N of conditionally moral firms, which are willing to observe the UNGC principles and to resist the temptation to free ride on their observance by others, if it does not disadvantage them in comparison to their situation in a state of universal non-observance. Four contracting problems can impede the conclusion of this Lockean social contract. The UNGC has a slim chance of overcoming its implementation deficit on a non-coercive basis by cultivating four institutional capabilities assisting conditionally moral firms in surmounting those four problems of voluntary norm compliance. (shrink)

Changes and transformations in living conditions have brought about new risks. The risks associated with the unique economic, social and politic structure of each period also lead to changes in the understanding of social protection. International discourses and practices that outline the framework of international social protection take shape under the influence of thoughts considering the conditions of the period. In this sense, it is possible to assert that social protection approach of United Nations, as a strong and (...) effective social protection actor in the international platform, has changed. It is not possible to consider the creation and development of United Nations’ social protection policies without regarding a theoretical and philosophical ground. To this end, after making a general evaluation of the United Nations’ social protection ideology, this study discusses the social protection emphasis in United Nations documents as well as their development paths and changes happened in time. As a result of these considerations, this study reaches the conclusion that United Nations’ social protection ideology shows the necessary flexibility to adapt to changing socioeconomic conditions and takes into account individual and social needs without compromising the understanding of protecting basic human rights. (shrink)

Pragmatist environmental philosophers have (erroneously) assumed that environmental ethics has made little impact on environmental policy because environmental ethics has been absorbed with arcane theoretical controversies, mostly centred on the question of intrinsic value in nature. Positions on this question generate the allegedly divisive categories of anthropocentrism/nonanthropocentrism, shallow/deep ecology, and individualism/holism. The locus classicus for the objectivist concept of intrinsic value is traceable to Kant, and modifications of the Kantian form of ethical theory terminate in biocentrism. A subjectivist approach to (...) the affirmation of intrinsic value in nature has also been explored. Because of the academic debate about intrinsic value in nature, the concept of intrinsic value in nature has begun to penetrate and reshape the discourse of environmental activists and environmental agency personnel. In environmental ethics, the concept of intrinsic value in nature functions similarly to way the concept of human rights functions in social ethics. Human rights has had enormous pragmatic efficacy in social ethics and policy. The prospective adoption of the Earth Charter by the General Assembly of the United Nations may have an impact on governmental environmental policy and performance similar to the impact on governmental social policy and behaviour of the adoption by the same body in 1948 of the Universal Declaration of Human Rights. Belatedly, but at last, the most strident Pragmatist critics of the concept of intrinsic value in nature now acknowledge its pragmatic power and promise. (shrink)

The aim of this paper is to shed some light on understanding why companies adopt environmentally responsible behavior and what impact this adoption has on their performance. This is an empirical study that focuses on the United Nations (UN) Global Compact (GC) initiative as a Corporate Social Responsibility (CSR) mechanism. A survey was conducted among GC participants, of which 29 responded. The survey relies on the anticipated and actual benefits noted by the participants in the GC. The results, (...) while not conclusive, indicate that companies have more than one reason for adopting environmentally responsible behavior and that ethical and economic reasons co-exist. In terms of performance, the impact of participation in the GC seems to be particularly high in securing network opportunities and improved corporate image. The results indicate that companies that have participated many years in the GC, have submitted the most projects and have attended the most GC meetings also regard their CSR involvement as having had a strong, positive influence on their market performance. GC participation does not result in significant cost advantages, but this does not seem to have been regarded as a goal anyway. Costs seem to be affected to a␣large extent by existence of in-house research and␣development and the capability of developing environmentally sound technologies. Overall, the company receives both ethical and economic benefits from joining the GC. (shrink)

This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be (...) preserved, reproduced, and made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

This article examines the representation of the United Nations in speeches delivered by its Secretary-General. It focuses on the role of metaphor in constructing a common ‘imagining’ of international diplomacy and legitimizing an international organizational identity. The SG legitimizes the organization, in part, through the delegitimization of agents/actions/events constructed as threatening to the international community and to the well-being of mankind. It is a desire to combat the forces of menace or evil which are argued to motivate and (...) determine the organizational agenda. This is predicated upon an international ideology of humanity in which difference is silenced and ‘working towards the common good’ is emphasized. This is exploited to rouse emotions and legitimize institutional power. Polarization and antithesis are achieved through the employment of metaphors designed to enhance positive and negative evaluations. The article further points to the constitutive, persuasive and edifying1 power of topic and situationally motivated metaphors in speech-making. (shrink)

Corruption is a serious economic, social, political, and moral blight, especially in many emerging countries. It is a problem that affects companies in particular, especially in international commerce, finance, and technology transfer. And it is becoming an international phenomenon in scope, substance, and consequences. That is why, in recent years, there has been a proliferation of international efforts to tackle the problem of corruption. One such international cooperative initiative is the United Nations Convention against Corruption, signed in 2003, (...) which came into force in December 2005. This is the first truly global instrument to prevent and combat corruption, built on a broad international consensus. The purpose of this article is to explain the origin and content of the Convention, what it adds to existing international instruments for combating corruption, and its strengths and weaknesses, mainly from the point of view of companies. (shrink)

The ideal of the United Nations was first put forward by Immanuel Kant in his 1795 essay Perpetual Peace. Kant, in the tradition of Locke and Rousseau is a liberal who believes that relations between individuals can either be based upon law and consent or upon force and violence. One way that such the ideal of world peace could be achieved would be through the creation of a single world state, of which every human being was a citizen. (...) Such an ideal was advocated by a number of eighteenth century liberals. Kant, however, rejects this ideal and instead argues that the universal rule of law can be achieved through the establishment a federation of independent states. I examine the relevance of Kant’s arguments today, focusing on two questions: Firstly, as advocates of the rule of law, why advocate a federation of independent nations rather than a single world state. Secondly, is this ideal realizable? Is Kant right to think that republics are natural and are likely to live peacefully with one another? Kant’s arguments on this issue have been taken up again in recent decades by defenders of the theory of the “democratic peace”, the theory that democracies are more likely to live at peace with one another. (shrink)

The ratification of the United Nations Convention on the Rights of the Child (UNCRC) demands that those participating nations, adopt the aims of the convention as state responsibilities toward their child citizens. The central premise of the convention is clear: that it is the right of all children to develop to their full potential. The authors propose six basic interdependent developmental requirements if the child is to reach ‘full potential’. Without prioritising any one need, but instead concentrating (...) on the facilitation of complete care of the child, the paper aims to examine how the UNCRC may finally be realised. This is achieved by highlighting several key situations and associated factors, which contribute to deficient care. Whilst the factors leading to the creation of such situations are often culturally specific, the consequences for the child, and the implications for care providers (parents, aid agencies, and policy makers), are often very similar within and between continents. (shrink)

Hans Kelsen’s (1881-1973) teaching in law covers studies in such topics as the general theory of law, legal philosophy, the general teaching of law, constitutional, administrative and international law. He was also the author of the Austrian Constitution, designed in 1920. Among many of his publications is the Comment of the Charter of the United Nations, published in 1950 in New York City. Among numerous Hans Kelsen’s publications, translated into many languages, the best known, which has made (...) the greatest impact, is his book ‘Pure Theory of Law’, first published in 1934, and the second edition appeared in 1960 together with attachment ‘The Justice Problem’. In particular, a comprehensive legal and policy issue in 1929 appears in Kelsen’s work ‚On the Nature and Value of Democracy‘. Pure Theory of Law is a theory of positive law, the science that reads positive law only into normative sense. Kelsen eliminates any non-normative approach. His science of law is based on the legal positivism and leads to the neutrality of government valuables and indifferent provisions of individual. Kelsen disclaims any ‘over-positive law’ (Recht präpositives), as well as from the natural law. Therefore, the Pure Theory of Law fits for totalitarian and authoritarian regimes. (shrink)

The United Nations Global Compact – which is a Global Public Policy Network advocating 10 universal principles in the areas of human rights, labor standards, environmental protection, and anticorruption – has turned into the world's largest corporate responsibility initiative. Although the Global Compact is often characterized as a promising way to address global governance gaps, it remains largely unclear why this is the case. To address this problem, we discuss to what extent the initiative represents an institutional solution (...) to exercise global governance. We suggest that new governance modes, which have arisen in the context of globalization, often adopt a multiactor, multilevel, and network-based approach. We then analyze how far the Global Compact's institutional design reflects this multiactor, multilevel, and network-based steering mode. Drawing on this discussion, we offer suggestions regarding how the initiative can be further developed. (shrink)

The United Nations Global Compact – which is a Global Public Policy Network advocating 10 universal principles in the areas of human rights, labor standards, environmental protection, and anticorruption – has turned into the world's largest corporate responsibility initiative. Although the Global Compact is often characterized as a promising way to address global governance gaps, it remains largely unclear why this is the case. To address this problem, we discuss to what extent the initiative represents an institutional solution (...) to exercise global governance. We suggest that new governance modes, which have arisen in the context of globalization, often adopt a multiactor, multilevel, and network-based approach. We then analyze how far the Global Compact's institutional design reflects this multiactor, multilevel, and network-based steering mode. Drawing on this discussion, we offer suggestions regarding how the initiative can be further developed. (shrink)

Sethi and Schepers have identified an important issue for the global economy: Providing some mechanism for requiring assurance that environmental, social, and corporate governance information provided by a business is accurate and objective. Where they have gone wrong is in trying to change the mission of the United Nations Global Compact. From its inception, the UNGC has been clear that its mission is not to provide such assurance. This article first outlines the background for the historic announcement of (...) the UNGC by the then Secretary-General of the UN, Kofi Annan. Then a summary of the major criticisms of the initiative is provided with a focus on the Sethi–Schepers article. Finally, I argue that the mission of the UNGC, to gain consensus in the global community on the shared values and moral norms that will guide the global economy, is being accomplished, although it is a work in progress. (shrink)

Although the Charter of the United Nations embodied an unresolved tension between state sovereignty and the inviolability of human rights, the fall of the Berlin Wall seemed to herald universal acceptance of the legitimacy of international concern for the protection of human rights. Since that time, however, the sovereignty of states has been pushed with renewed vigour under the guise of cultural sovereignty. Three examples of the role of cultural sovereignty in the international human rights sphere are (...) proposed to demonstrate that the real interest of states is not the protection of cultural identity, but non‐interference, supremacy and control. The paper identifies cultural sovereignty with cultural relativism and argues that the ideology of relativism, combined with the inadequacies of legal positivism, have significantly harmed the efficacy and character of the international human rights regime. (shrink)

Although international law and the Charter of the United Nations define a doctrine of just war, some critics have argued that the U.S. has become an empire that can no longer be bound by such doctrine. On the contrary, I maintain that we must retain just war doctrine as a normative base from which to critique the U.S. and its preemptive wars against terrorism. Neither the Afghanistan nor the Iraq war has been a just war. By its (...) imperialist intentions and barbarous actions, the U.S. government has shown itself no longer to be a legitimate authority with the moral justification to begin or conduct a war. Such subversion of democratic deliberation requires a moral force to mobilize resistance from below. Since no war initiated by the undemocratic elite of the U.S. Empire could possibly be just, we have a conscientious obligation to become revolutionary pacifists against any wars called by such an illegitimate government. In contrast to universal pacifism, a context-justified revolutionary pacifism can be defended as a coherent moral and political position. (shrink)

The United Nations (UN), facing increasingly intense challenges in the fulfillment of its mission, also harbors the potential for enhanced effectiveness, relevance, and legitimacy in the form of the human rights-based approach. The human rights-based approach (HRBA) is one model for translating the organization’s values into a more adaptive, inclusive, dynamic, and responsive system of processes and outcomes. In the arena of politics, its meeting with a meaningful degree of receptiveness could signal a growing acceptance of the validity (...) of structural approaches to development and other issues despite traditional defensive positions on human rights. Application of the HRBA in programming is leading to greater appreciation for addressing core disparities and promoting empowerment for sustainable outcomes. It is also cultivating new qualities in development practitioners, advancing creativity, openness and responsiveness in organizational culture. In feeding its evolution in this way, the UN as a system has the potential for deeper, longer-term mission fulfillment and thus ensuring its viability. (shrink)

In 1795 Immanuel Kant published an essay entitled "Toward Perpetual Peace: A Philosophical Sketch." The immediate occasion for the essay was the March 1795 signing of the Treaty of Basel by Prussia and revolutionary France, which Kant condemned as only "the suspension of hostilities, not a peace." In the essay, Kant argues that it is humankind's immediate duty to solve the problem of violence and enter into the cosmopolitan ideal of a universal community of all peoples governed by the rule (...) of law.The essay's two-hundredth anniversary, 1995, also marked the fiftieth anniversary of the end of World War II and of the establishment of the Charter of the United Nations. The essays in this volume were written for a conference held in Frankfurt in May 1995 to commemorate these three anniversaries. Together, the authors argue for the continued theoretical and practical relevance of the cosmopolitan ideals of Kant's essay. They also show that history has both confirmed and outstripped Kant's prognoses. As recent events have shown, we certainly have not emerged from the violence of the state of nature. Accelerating globalization also gives these reconstructions and reappraisals of Kant's cosmopolitan ideal a new urgency.Contributors : Karl-Otto Apel, Kenneth Baynes, James Bohman, Jürgen Habermas, David Held, Axel Honneth, Matthias Lutz-Bachmann, Thomas McCarthy, Martha Nussbaum. (shrink)

Multi-stakeholder partnerships have become a major driver to attain the United Nations Sustainable Development Goals. However, managing MSPs is difficult because of the multiple complexities they involve. We seek to contribute to a better understanding of how MSPs cope with these complexities by exploring the MSP scope. In our study of four global health MSPs, we find that a function-oriented scope in terms of focusing on a single intervention helped filter the relevant external and internal complexities, whereas an (...) issue-oriented scope focused on addressing the health issue with multiple interventions magnified the complexities. As a result, the latter MSPs became overwhelmed and self-absorbed, while the former MSPs managed to remain outward-looking and sustain their collaborative energy and support. On this basis, we identify three mechanisms through which the MSP scope either helped or hampered the ability to cope with complexity, and we discuss the theoretical and practical implications for MSPs addressing the SDGs. (shrink)

The United Nations Global Compact has generated a lively debate among academics, activists, and policy practitioners. Given the scope and ambition of this program, and the prestige of the United Nations associated with it, its supporters believe it will fundamentally reshape how businesses practice corporate social responsibility. Its critics view it as a flawed program because it does not impose verifiable obligations and does not compel its participants to adhere to their program obligations. We present an (...) approach to study CSR programs grounded in rational-choice institutionalist theory, building on previous work viewing CSR programs as clubs which can produce reputational benefits for members as well as positive societal externalities, provided that they incorporate institutional mechanisms to prevent member shirking. This perspective puts the focus squarely on the institutional rules of the UNGC and their impacts on member behavior. While we conclude that the UNGC has not yet demonstrated a capacity to generate across-the-board improvements in CSR performance beyond what member firms would have done otherwise, we are hopeful that its sponsors and leaders can undertake worthwhile changes in program design to align member incentives with program objectives. (shrink)

The 2016 United Nations’ Resolution 2325 “Non-proliferation of Weapons of Mass Destruction” manifests one of the greatest challenges for humankind in relation to preventing a global catastrophe, where it reaffirms that the proliferation of nuclear, chemical and biological weapons, as well as their means of delivery, constitutes a threat to international peace and security. However, regarding the continuous technological developments of terrestrial-based WMD aimed at orbiting space objects in near-Earth orbit, it is crucial to analyze whether, and if (...) so, how 2325 prevents their proliferation and utilization. Another relevant argument addresses the terminological factuality that, while treaty and customary law do provide some guidance on the legality of weaponization, the concept of a “space weapon” is still not clearly defined. Moreover, even though the Outer Space Treaty prohibits the placement of nuclear weapons and WMD in near-Earth orbit, installing them on the Moon or any other celestial body, or to otherwise station them in outer space, it simultaneously excludes terrestrial-based anti-satellite weapons, thus creating a legal loophole. National representatives of superpowers, particularly of space-faring nations, are aware of the existing issue and often express their concerns toward comprehensive ASAT development and utilization. Nevertheless, the potential weaponization of outer space will not be actively recognized and accepted as an official occurrence within the international community until our current space systems are eventually utilized in order to destroy or damage another State’s space object. (shrink)

This paper emphasizes the crucial role that language use plays in climate change communication. In particular, this paper examines UN public discourse and narratives about climate change. It will be shown that the climate change is often described as a "threat to human wellbeing" and as an external enemy—the Other. On the other hand, humanity is often portrayed as a victim of climate change. The consequence of this rhetoric and logic of apocalypse is insufficient action in relation to climate change. (...) The narrative construction of the Other that is described as a threat is founded on binary oppositions: we/they, self/other, culture/nature, human/non-human and so forth. As long as climate change is described as an external enemy and "independent matter" and climate policy is based on binary oppositions, action to combat climate change will remain insufficient. (shrink)

The failure of the UN Security Council to adequately and effectively address the Syrian crisis has brought renewed scrutiny to the veto and its capricious use during mass atrocity situations. In response to these concerns, the idea of a code of conduct to regulate the exercise of the veto during humanitarian situations is now being increasingly advanced by several states, including France and the United Kingdom. This paper disputes the utility of such a code and argues that it would (...) not make any significant difference to the way mass atrocity crimes are addressed. I examine three core arguments often extended to justify the merit and the utility of the norm: the circumvention argument, the naming and shaming argument, and the Charter reform argument. I show how each of these arguments is undermined by mistaken notions about the norm's procedural effectiveness, and the role the veto plays in cases of what Simon Chesterman calls “inhumanitarian noninterventions.” Additionally, drawing on interviews conducted with diplomats at the United Nations in New York, I present evidence that resistance to a code of conduct comes not only from the permanent five members of the Council but also from the nonpermanent members, further imperiling the idea's capacity to effect change. Ultimately, I contend that the current global effort to curtail the influence of the veto is nothing more than a journey down the rabbit hole: exciting, but ultimately distracting. (shrink)

Environmental problems were not among the core issues for the United Nations at its creation in 1945. In the 1970s, however, they created a crescendo of public concern as the threats posed by toxic chemicals, large-scale destruction of natural ecosystems, and the loss of species became visible and were obviously linked to human activity. Pollution, it was clear, did not stop at national borders and solutions required common effort. As part of the special issue on “The United (...) Nations at Seventy-Five: Looking Back to Look Forward,” this essay explores how, as the only institution equipped to identify global problems and generate collective action toward their resolution, the UN became the platform for creating multilateral environmental agreements, convening global conferences, and mobilizing national and international effort through a progressively larger number of institutions at the national and international level to guide decisions and influence behavior. We have moved the environmental needle in terms of information, institutions, and awareness. Yet, many environmental problems persist, some are getting worse, and new challenges and, indeed, crises are emerging. (shrink)

ExcerptWhat factors lead to any war being fought in a particular manner? How and why do those factors become institutionalized, or abandoned, as prime forms of war for typifying other armed conflicts in changing world orders? When and why do the prevailing parameters of world order shape the conduct of war? Questions about the forms of war became highly salient in 1945 when, by virtue of the United Nations Charter, “the peoples of the United Nations (...) determined” to organize stronger institutions for global governance with an elaborate apparatus of multiple functional agencies “to save succeeding generations from the scourge of war” by establishing conditions “under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained” as well as to “promote social progress and better standards of life in larger freedom.”1. (shrink)

The present article discusses a well-known religious philosophical and partially legal doctrine of the “Just war”, developed in the Christian tradition by St. Augustine, St. Tomas Aquinas, Francisco de Vittoria, Francisco Suarez, Hugo Grotius and many other thinkers. The main thesis of the doctrine is that war will be just only if it corresponds to certain criteria, such as autoritas principi (waged by the sovereign), justa causa (on just aim) and with recta intentio (animus) or the aim and will to (...) wage war in order to restore justice and not because of personal hate, revenge, lust for glory, etc. However, the impact of the doctrine was not limited by the Middle Ages and the Christian philosophic discourse. This doctrine shaped both emerging international law and international humanitarian law in one or another way. Even though it did not survive intact through the changing reality of the world, it is not so hard to trace the reflections of this doctrine even in contemporary international law. For example, while evaluating the armed conflict we still use the autoritas principi principle (armed conflicts may be fought only by defined subjects such as states or militarily - politically organised dissidents), moreover, when we are dealing with the concept of combatancy, the same principle applies in establishing whether a person is a legal fighter in the conflict or not, because his status directly stems from his belonging to the party of the conflict. With its strictly limited possibilities to use force, the contemporary jus contra bellum also somewhat resembles the doctrine, not only in the sense of justa causa (such as a possibility of unilateral use of force by the state only in self-defence) but also in recta intentio (e.g. the United Nations Security Council may order the use of force only with the intention to re-establish peace). Therefore, even though the doctrine is the product of the Middle Ages thought, it is not forgotten in our days. The possible military strike against Iran in order to stop it from developing nuclear weapon is already discussed in the light of this doctrine. Moreover, authors (though mainly not lawyers) discussing inadequacies of current international legal framework for the use of force (e.g. the need for humanitarian intervention) find their inspiration in the doctrine. (shrink)

In his 2011 article “Global Bifurcation: The Decision Window” Ervin Laszlo notes that “we have reached a watershed in our social and cultural evolution. The sciences of systems tell us that when complex open systems … approach a condition of critical instability, they face a moment of truth: they either transform or break down.” In this article we provide our own vision of this Global Bifurcation. This work stems naturally from the research highlighted in the article titled “Transition to Crisis-Free (...) Development: A Myth or Reality?” that was published in World Futures in 2014. In our new article, we move forward suggesting that crises-free development is not only possible but is also very likely, and paradoxically the world is now going through the most challenging transition from one paradigm of development to another. Based on our previous research as well as the findings of the Fifth Report to the Club of Rome, we suggest reasons for the development and implementation of a megaproject featuring a new model of life so as to make the paradigm shift possible, exclude negative implications of the upcoming technological “singularity,” and foster the achievement of an objectively defined goal of development, and this should reasonably require support from and direct involvement of the United Nations. The mechanism for implementation of this model suggests coordinating interests of the government, society, and business communities on each level with interests of particular individuals. (shrink)

The rise of peace education both in scholarship and in practice has yielded numerous documents, websites, and publications with often divergent perspectives on what the field is, does, and means. The Encyclopedia of Peace Education provides a comprehensive overview of the scholarly developments in the field to date, so as to provide a common denominator for the various actors involved in advancing peace education internationally. Thus, this edited volume serves as an essential reference guide that traces the history and emergence (...) of the field, highlights foundational concepts, contextualizes peace education practice across international and disciplinary borders, and suggests new directions for peace educators. From core conceptual perspectives to the moral and spiritual foundations of the field to the role of the United Nations, the Encyclopedia grounds peace education in a solid theoretical and practical framework through the writings of the field’s most renowned scholars. This volume will target undergraduate and graduate students as well as scholars and practitioners working in international and non-governmental organizations in the field of peace education. [Book Synopsis]. (shrink)