|
Just What
are European Values?
Discussion meeting held
at the European Commission Representation in
the UK by the Wyndham Place Charlemagne
Trust in follow up to Eleventh Charlemagne
Lecture by Peter Sutherland KCMG.
By Jan Mortier
ABSTRACT
This discussion meeting, held by the Wyndham
Place Charlemagne Trust, was convened as a
follow-up to the Eleventh Charlemagne
Lecture: ‘Europe’s Place in the World of the
21st Century’, that was given in November
2006 by Peter Sutherland KCMG to the Wyndham
Place Charlemagne Trust, preceding the
Berlin Declaration and the 50th anniversary
of the Treaties of Rome. The meeting was
hosted by the London office of the
Representation of the European Commission in
the United Kingdom on 15th
February 2007. The discussion was chaired by
Sir Stephen Wall GCMG LVO of the Wyndham
Place Charlemagne Trust, with panel
contributions from: Mr Reijo Kemppinen, Head
of the UK Representation of the European
Commission in London; Revd Dr. Keith
Clements, former General Secretary,
Conference of European Churches; Mr Maurice
Fraser, Fellow at the European Institute,
LSE; and Sir Peter Marshall KCMG of the
Diplomatic Academy of London and Chairman of
the Joint Commonwealth Societies Council.
The discussion meeting’s mandate was to
broaden out from Peter Sutherland’s
Charlemagne Lecture by seeking to define
just what the European values are.
Peter Sutherland’s
Charlemagne Lecture outlined the internal,
institutional, and external global
challenges that now face
Europe
as it embarks on the 21st Century and seeks
to overcome the implementation impasse of
the Constitutional Treaty. His central theme
was that
Europe
faces a number of challenges that cannot be
resolutely addressed unless it alters its
collective mindset and transcends inter-governmentalism
by adopting a “community method” on an array
of common issues, so that
Europe
can speak with one voice. Following up on
this, the Wyndham Place Charlemagne Trust
then sought to define which common European
factors might constitute the foundation of
this unified voice and to discern some
common values, shared by European states,
that would support this suggestion. The
foundation of European values around which
the citizens and institutions could be
inspired were outlined by Peter Sutherland
as follows: firstly, that Europe has unique
external values of internationalism and
humanitarianism, based on its internal
historical and evolving ethos, as
demonstrated by Europe accounting for more
than half of all development and
humanitarian assistance worldwide; secondly,
Europe’s Venusian internationalism,
exemplified by its support for global issues
such as the establishment of the
International Criminal Court (ICC) and the
Kyoto Protocol, where the EU has shown
global leadership by addressing these issues
with a unified voice. He also outlined how
Europe’s
model of integration and its contribution to
regional peace and security has proved a
great inspiration to the rest of the world
by setting the global standard.
As a value system, the EU’s main reason for
success has been adherence to the rule of
law, with the EU becoming a “community of
law”. Through its commitment to a
rules–based, community of law approach, the
EU sets the standard for the post-modern
world, by applying this approach to its
internal dynamics and external affairs, thus
creating a centripetal gravitational values
based attraction through peer emulation of
the EU project. He also called upon Europe
to promote this message in an increasingly
unstable world and to use Javier Solana’s
‘effective multilateralism’ concept,
outlined in the European Security Strategy,
as an effective and streamlined means of
engaging and encouraging the USA, China and
the other major powers into a rules-based
world order now rather than in 20 or 30
years when circumstances may not be so
optimal.
Apply to the
Wyndham Place Charlemagne Trust for a copy
of this paper
Toward
a European Security Council
By James M.
Rogers
A Security
Council is now needed for the European
Union, comprised of civil servants, military
officers, development experts, policy
advisors and academic strategists from both
the level of the twenty-seven Member States
and the European Union. The Security Council
should be under the double custodianship of
the new permanent president of the European
Council and the new high representative,
perhaps absorbing or working alongside
Directorate-General E, which is in charge of
business related to foreign and security
policy. The European Security Council’s role
could be to provide a unified
institutionalised setting at the European
level for the relentless assessment of
security threats and strategic challenges.
It could give advice to the president of the
Council of the European Union, the high
representative and the Member States. It
could be a centralised agency for Member
States to exchange and assess global and
domestic intelligence. The Security Council
would provide a platform for input from the
European Union Institute for Security
Studies and the European Defence Agency, as
well as from foreign offices and defence
ministries in the respective Member States.
Finally, it could bestow a podium for the
formal exchange of ideas about foreign,
security and defence policies between
academics and think tank personnel with
European practitioners and officials.
Link
to Paper
Forces for
Sustainability: Report by Civitatis
International of the
first Peace and Sustainability Session at
the Peace Palace, The Hague. Organised by
the Institute of Environmental Security and
sponsored by the
Netherlands Ministry of Foreign Affairs.
By Nicolas
Frankcom
ABSTRACT
In many places
of the world today the environment is under
heavy pressure, affecting the security of
man and the community of life. In some
places environmental degradation has been a
factor causing violent conflict and in other
situations armed conflicts cause
environmental disruption, thus prolonging
and expanding the conflict. One of the
greatest environmental security threats is
posed by climate change. There is virtual
consensus at the moment that it ìs
happening, that it is in all probability
man-made and that whatever we do to stop
further change now, the impacts of a warmer
atmosphere will be with us for many decades
to come. While the ultimate answer to
addressing the security impacts of
environmental degradation and achieving
sustainability lies in diplomacy,
international cooperation and the rule of
law, there is a crucial role for the
military to play. This is especially the
case in weak or failed states, where there
is an absence of the rule of law, let alone
international law. Often the situation is
compounded by the extraction of minerals,
the logging of timber and the traffic in
endangered species, mostly illegal,
accompanied by human rights violations and
damage to the environment. If we accept the
model of conflict cycle prediction,
prevention, conflict management and
post-conflict recovery, then military
insights and intelligence could be used to
identify where conflicts resulting from
ecological degradation might erupt, and
timely military intervention may be part of
a preventative approach. When violent
conflicts do emerge, it is primarily the
military that is charged with peacebuilding
and creating the first conditions for
lasting peace, such as: disarming;
demobilisation; security sector reform; and
the reintegration of former armed groups
into civil society. This conference, Forces
for Sustainability, brought together
decision makers, opinion leaders,
professionals in peacekeeping operations,
environmental scientists, the private
sector, juridical experts as well as
international and grass root organisations
working in areas of armed conflict to find
solutions for sustainable development
challenges. Speakers include: Dr. Jamie Shea,
Director of Policy Planning in the Private
Office of the Secretary General of NATO;
Brigadier General (Ret.), Dr Chris W. King,
Dean of Academics, Command and General Staff
College, USA; Captain Niels A. Woudstra,
Counsellor, General Defence Staff of the
Armed Forces of DRC Congo.
Link
to Paper Adobe Acrobat needed. 81 pages.
The Document for Ministerial Consideration,
submitted to the Third Intergovernmental
Meeting of the Community of Democracies
Corporation PARTICIPA & Jan Mortier
The Community of Democracies is the only
global association of democratic and
democratizing Governments that has agreed to
work together to strengthen and promote
democratic governance at the national and
international levels. The Community of
Democracies was founded by 107 nations in
Warsaw 2000. The Community, which also
operates as the Democracy Caucus in the
United Nations system meets regularly and
every two years meets at the Ministerial
level. After the second Ministerial Meeting
in Seoul, November 2002, there was a
consensus among Non-Governmental actors
involved in the CoD process that there was a
need to (i) implement a follow-up process
from the meeting in Seoul to the third
meeting in Santiago and beyond, (ii) involve
different social and political actors in the
process and, (iii) significantly increase
government implementation of commitments.
With these needs in mind, an Executive
Secretariat (ES)1 was created in order to
work with other significant partners to
start preparing for the third Ministerial
meeting, to be held in Santiago, Chile.
Throughout 2003, 2004, and 2005, several
national, regional, and global meetings and
conferences about the Community of
Democracies took taken place. Specifically,
seven regional workshops were held in Asia,
Europe, Russia and the NIS, Latin America
and the Caribbean, Middle East and North
Africa, North America and Sub-Saharan
Africa. Around 200 people participated in
these workshops.
Furthermore, in March 2005, a Final Meeting
of this preparatory process was organized in
Santiago. It convened 90 participants from
35 different countries from all the regions.
The main objectives of these regional
workshops, which have been adapted in
response to regional priorities and needs,
were; To evaluate the progress and the
setbacks of democracy in its political,
economic, and social dimensions, discussing
main challenges to democratic governance and
development; To make proposals related to
the strengthening of democracy that can then
be presented to governments of the Community
of Democracies at the Santiago Ministerial
Meeting; To encourage a substantive dialogue
among NGOs, political parties, political
foundations, and think tanks to promote a
greater mutual understanding for
collaborative work on democracy building.
Civitatis International (then an
unincorporated body) represented by it’s
Executive Director, Jan Mortier was
contracted by the Executive Secretariat to
serve as rapporteur to the final Meeting of
the NGO Process of the Community of
Democracies in Santiago, Chile, 2005. A
number of Civitatis editors assisted the
Executive Director in the preparation of the
subsequent conference documents.
The proposals that came out of the workshops
were discussed and finalized at the Final
Meeting in Santiago, and are known as the
Document for Ministerial Consideration This
document contains: - the Global Proposals,
which address the proposals about the CoD
itself, and other common democratic issues
that emerged in the regional workshops: 1.
International Cooperation to Promote
Democracy 2. Political Systems 3.
Corruption, Transparency and Accountability
4. Civil Society 5. Human Security - and the
regional proposals, which are the results of
the discussions at the Final Meeting and the
recommendations from the regional workshops
that were held during 2004. The Document for
Ministerial Consideration compiles what was
discussed in a participatory process in
which the proposals were initially
formulated by the regional participants,
circulated among them again for revisions
and systematization, and then discussed and
finalized in the discussions that took place
during the Final Meeting of the
Non-Governmental Process of the CoD at
Santiago, Chile March 3rd and 4th, 2005.
The Document for Ministerial Consideration
was submitted to the Governments of the
Community of Democracies for their
consideration during the elaboration of the
Santiago Declaration. The governments were
urged to incorporate these recommendations
as priorities in their democracy
strengthening plans at the national level as
well as in their foreign policies. Civitatis
also authored the preamble to the Document:
“The proposals outlined are based in our
recognition that in this new era fundamental
human rights are not an internal issue for
respective states but an issue of concern
for all states and all people in the
international community”
“We the participants of the Non
Governmental Process of the Community of
Democracies representing Civil Society and
Non State actors from the six global regions
of the Community, unanimously call upon the
Foreign Ministers and Governments
participating in the Ministerial meeting of
the Community of Democracies to institute
within each of the common themes we have
identified the following recommendations:”
Read the Document for Ministerial
Consideration
Toward “Regional Security
Communities”: NATO, the UN, and the 1948
Vandenberg Resolution
By
Hall Gardner
ABSTRACT
The relationship between the UN and NATO
is presently like that between a mother
and her long lost son. Roughly forty years
of separation during the Cold War have
exacted a heavy psychological and
political toll. Only since 1989 have the
two really begun to rediscover and
redefine their relationship; yet despite
new geopolitical circumstances, which have
largely impelled the two regimes to move
toward a modus vivendi, neither
organisation has completely comprehended
the respective mission of the other. A
mother and son reunion has consequently
been taking place in the attempt to
reconcile relations, but the process has
not been an easy one. Both organisations
had largely grown fat from non-action
during the Cold War in which the two
regimes generally appeared to work at
cross-purposes. Both organisations now
need to engage in self-critical analysis;
both need to adjust to radically new
circumstances in the effort to re-define
their respective missions. Both are
consequently in desperate need of
re-vitalization, particularly after the
wars in Bosnia and Kosovo, as well as the
new post-September 11, 2001 mission in
Afghanistan. NATO will only be able to
provide the multi-dimensional aspects of
security for central and eastern Europe
(and elsewhere) by working in close
cooperation with the UN and other
international regimes and NGOs, as well as
with Russia through the NATO-Russia
Council. Such cooperation was built into
the UN Charter, but the necessity of
NATO-UN cooperation has not yet been fully
actualized by either the UN or NATO.
THE AUTHOR
After completing both his M.A. (1982) and
PhD. (1987) at the John Hopkins Paul H.
Nitze School of Advanced International
Studies (SAIS), Hall Gardner taught at the
John Hopkins-SAIS-Nanjing University
Center for Chinese and American Studies
(1988-89) and at John Hopkins SAIS-Washington
(1989-90). Since 1990 he has been
Professor and Chair of the Department of
International Affairs and politics at the
American University of Paris. He is the
author of American Global Strategy and the
"War on Terrorism" (Ashgate: 2005; 2007)
and of Averting Global War: Regional
Challenges, Overextention and Options for
American Strategy (Palgrave: December
2007). This paper is the result of
Professor Gardner's speech to the World
Political Forum New World Political
Architecture Seminar (2006) and forms the
basis of his forthcoming book, Toward
Confederal World Democracy.
Link
to Paper Adobe Acrobat needed. 20 pages.
Advancing Democratic Governance: A Global
Perspective on the Status of Democracy and
Directions for International Assistance
By Larry Diamond
ABSTRACT
The last few decades have shown that greater
public resources, better physical
infrastructure, and stronger public health
and education are essential for development.
In contrast, predatory, corrupt, wasteful,
abusive, tyrannical, incompetent governance
is the bane of development. Where governance
is endemically bad, rulers do not use public
resources effectively to generate public
goods and thus improve the productivity and
well-being of their society. Unless we
improve governance, we cannot foster
development. Democracy as reflected in free,
fair, and competitive elections is not
strictly necessary for good governance.
Democracy and good governance are mutually
reinforcing: when they develop together,
resources are used to advance the public
good. Public institutions perform their
designated roles and a social consensus
supports and stabilizes the system of
government. If political leaders want the
world to help their publics, they must
themselves demonstrate commitment to the
public good. There is no point in simply
measuring development assistance "effort."
Only if governance in poorly performing
states becomes more democratic and
accountable can development results be
achieved. We are still at a relatively early
stage of a sustained international effort to
promote democratic governance. DG
assistance strategies must focus
relentlessly on generating and sustaining
political will for systemic reform. Doing
more means spending more-on international
development and humanitarian assistance in
general, and on democracy and governance
assistance in particular.
THE AUTHOR
LARRY DIAMOND is Senior Fellow at the Hoover
Institution, Stanford University, and
founding co-editor of the Journal of
Democracy. He is also co-director of the
International Forum for Democratic Studies
of the National Endowment for Democracy,
Washington, D.C. Professor Diamond has
written extensively on the factors that
facilitate and obstruct democracy in
developing countries, and on problems of
democracy, development, and corruption in
Africa, especially Nigeria. He is the author
of many works on democracy including,
Developing Democracy: Toward Consolidation,
Promoting Democracy in the 1990s: Actors and
Instruments, Issues and Imperatives, and
Class, Ethnicity, and Democracy in Nigeria:
The Failure of the First Republic. His
current research focuses on four themes: the
status and problems of democratic
development globally, public opinion in new
democracies, international policies to
promote democracy, and democracy in East
Asia. Professor Diamond received a Ph.D. in
Sociology from Stanford University in 1980.
He is a Director of the Council for a
Community of Democracies and a listed Friend
of Civitatis International- Researchers
Without Borders.
Link
to Paper Adobe Acrobat needed. 41 pages.
UN Human Rights Treaty Body Reform,
Toward a Permanent Unified Treaty Body.
By John Morijn
ABSTRACT
UN human rights treaty bodies are taking
first steps to rationalise their parallel
activities via the procedural route of
harmonising treaty reporting guidelines. In
recent remarks the UN High Commissioner for
Human Rights announced more far-reaching
reform, also targeting normative and
institutional harmonisation of treaty
reporting. Proposals are being formulated to
serve as basis for consultation and
intergovernmental reform negotiations. This
paper aims at contributing to these
discussions. The paper argues that it will
be required to develop a different
harmonised reporting procedure, in which the
OHCHR Secretariat would have a more
prominent role. It should also be ensured
that states continue reporting on the basis
of ratified international human rights
treaties individually. This will generate a
situation, in which all aspects of human
rights are covered, make certain that
relevant (non-) governmental stakeholders
continue to be mobilised, and avoid
substantive monopolisation both at domestic
and international level. It is argued that
for reasons of financial efficiency and
interpretational consistency the
establishment of a unified treaty body
should be encouraged. Loss of specific types
of expertise is to be counterbalanced by
institutional measures relating to election
of its membership.
THE AUTHOR
JOHN MORIJN is a researcher at the law
department of the European University
Institute in Florence, Italy. He holds a law
degree from Rotterdam Law School, a master’s
degree in EU law from the College of Europe
in Bruges, Belgium, as well as a master’s
degree in human rights from the Venice
European Master’s Programme in Human Rights
and Democratisation, Italy. John undertook
internships relating to aspects of human
rights treaty reporting at the Secretariat
of the European Social Charter in
Strasbourg, France, and at the UNICEF
Innocenti Centre in Florence, Italy. He is a
member of the recently established Academic
Network that advises the European Social
Charter Secretariat and is EU law and human
rights Associate of the Review of
International Social Questions (www.RISQ.org/).
He is a Research Associate of Civitatis
International.
Link
to Paper Adobe Acrobat needed. 25 pages
Turkey and the European Union, How to
achieve a forward looking and win-win
accession by 2015.
By Mehmet Ögütçü
ABSTRACT
Turkish accession to the European Union (EU)
over the next decade or so is expected to
change significantly both Turkey and the EU
in economic, cultural and political terms.
In order to make sure that this change will
be for the better, both sides need to
develop a common vision aimed at a win-win
and forward-looking outcome from the outset.
Otherwise, the accession negotiations, due
to commence on 3 October 2005, are likely to
encounter a serious risk of failure if they
were left to the normal negotiation
procedures. A key message to emerge from
this paper is that the EU leaders should
judge Turkey on the basis of its potential
economic, cultural, demographic and
geostrategic importance from today to 2023
and what the future holds for Europe by then
- not on the narrow and short-term concerns
and interests of today.
The AUTHOR
Mehmet Ögütçü is a senior executive in a
Paris-based international organisation
leading investment, development and energy
security projects. He is a former Turkish
diplomat and an alumnus of the College
d’Europe in Bruges, Jean Monnet Fellow.
Prior to joining the Organisation in 1994,
he was with the Turkish Prime Minister's
Office, the Is Bank, NATO and the Turkish
diplomatic service. Mr. Ögütçü is a prolific
writer, focusing mainly on matters of
foreign investment, sustainable development,
energy security and geo-politics, economic
and trade diplomacy in Turkey, China,
Russia, India, the Caspian and Middle
Eastern countries. The views expressed in
this article are solely that of the author
and do not represent those of any
organisation he is associated with.
Link
to Paper Adobe Acrobat needed. 15 pages
Poverty, the Right to Development and
International Human Rights Law
By Irene Hadiprayitno
ABSTRACT
Poverty is a problem of international human
rights law. Poverty degrades human dignity
which is the main precept of human rights.
Human rights exist to protect the human from
any deprivation with a legal context.
Therefore, poverty under international human
rights law, can be seen as violation of
civil, political, economic, cultural, and
social rights, which requires a legal
commitment of each of the responsible actors
and entitles the poor people as the right
holders to pursue their rights. This paper
focuses on the human rights face of poverty
by indicating the rights which are violated
under such conditions and the resulting
obligations of the duty bearers to eradicate
poverty, both nationally and
internationally. The paper concentrates
particularly on human rights obligations
under the United Nations on the basis of
International Covenant of Civil and
Political Rights, International Covenant of
Economic, Social, and Cultural Rights, and
Declaration of the Right to Development.
THE AUTHOR
IRENE HADIPRAYITNO is currently a PhD
researcher at Netherlands Institute of Human
Rights, Utrecht University, the Netherlands.
She is working on her research about the
practice of the United Nations Right to
Development using the case study of
participatory development in Indonesia.
Previously, she has been working as junior
lecturer for International Human Rights Law
for University of Indonesia. She has served
several consultancy works for The Global
Society Institute, at Faculty of Social and
Political Sciences, University of Indonesia
on their NGO’s Manager Capacity Building
Project and for The International Labour
Organisation, Jakarta on their Industrial
Relations Research Database Project. She
has also worked as junior researcher for The
National Commission of Human Rights,
Indonesia, The Ad Hoc Team of Independence
for Aceh Conflict, and The National
Commission for Violence Against Woman,
Indonesia. Internationally, she was
involved as the country studies researcher
for Redress International, London for their
research on ‘Reparation for Torture: A
Survey for Law and Practice in Thirty
Selected Countries’ and at the moment member
of the Association for Law and Development
in Developing Countries (ALADIN) and the
Research School for Resources Studies for
Development (CERES), both are in the
Netherlands. She is a Research Associate of
Civitatis International.
Link
to Paper Adobe Acrobat needed. 19 pages
Creating a Fair World Order, the Human
Development Approach to Poverty Reduction in
the North West Frontier Province of Pakistan.
By Farid Alam
ABSTRACT
Creating a world order which realises the
ambitions of the United Nations (UN) Charter
and the goal of ending poverty requires a
transformation in attitudes, policies, and
institutions. It necessitates a renewed
sense of vision on the part of global
community, and a willingness to sacrifice
short term benefits in the interest of
achieving long term human development gains.
This requires a concept of poverty that goes
beyond the conventional wisdom of poverty,
often rooted in purely market approaches to
one that aims at enhancing opportunities for
the poor to enjoy long, healthy, and
creative lives .
The extent and challenge of poverty
reduction in the world has necessitated new
ways to attack the problem. Human
development is viewed as a key element of
contemporary thinking in the activities of
development interventions. This paper
investigates the contribution of human
development strategies to poverty reduction.
The paper seeks to achieve three objectives.
The first objective is the comparison of
human development and conventional poverty
reduction paradigm. The second is the
contribution of human development in the
poverty reduction, and the third objective
is to look for the challenges and
constraints that human development faces.
Findings prove that conventional development
paradigm has determined economic growth as
an antidote to poverty reduction, which is
based on the theory that economic growth is
the generator of development, while human
development reaffirms the universality of
freedom, well-being, and dignity of all
human beings. Human development enhances the
impact of poverty reduction strategies
through empowerment of grassroots, and
through improvements in the effectiveness,
efficiency, accountability, and
sustainability of development interventions.
Human development contributes in the quality
of life of the poor by encouraging their
self-esteem and improving their capabilities
and allows them to pursue sustainable
livelihoods.
Analysing the Interim Poverty Reduction
Strategy Paper of Pakistan introduced by the
World Bank and IMF in order to create a
conceptual framework for addressing the
challenge of poverty reduction, I-PRSP is
intended to increase the impact of human
development and poverty reduction strategies
through national ownerships of programmes.
However, the paper finds that I-PRSP has
simply repeated attempts to structural
adjustment and stabilisation programmes of
the 1980s; and it reaffirms the belief that
proper macroeconomic policies lead to
poverty reduction. Using the case study of
North-West Frontier Province (NWFP)
Pakistan, this paper finds no strategic
contribution of I-PRSP to human development
poverty. It largely accentuates the
conventional programmatic move towards
poverty reduction that would only maintain
the status quo.
THE AUTHOR
FARID ALAM grew up in a small village in
Shangla, Pakistan. He graduated from Gomal
University Dera Ismail Khan with a degree in
Agriculture and an Msc in Agriculture and
Agromony from NWFP Agricultural University
Peshawar, Pakistan. After graduation, he
established the Cambridge Model School, of
which he has been Principal. In his work to
alleviate the poverty-ridden situation of
Shangla, he brought together a group of
like-minded persons and formed the Rural
Organisation for Awareness and Development
(ROAD). Farid holds an MScECON in Social
Development Planning & Management at
University of Wales Swansea, UK. Farid is
now working as an executive director of
ROAD, to promote and develop a broader
understanding of development throughout
Shangla. He has staged numerous campaigns
for equal status and equal rights for
education, for men and women and holds
workshops to promote the importance of
education and child rights. He is a Research
Associate of Civitatis International.
Link
to Paper Adobe Acrobat needed. 58 pages
Revitalizing The United Nations, Reform
through Weighted Voting
By Joseph E. Schwartzberg
ABSTRACT
Civitatis International is pleased to
re-publish the monograph, Revitalizing
the United Nations, by Professor Joseph
E. Schwartzberg, first published by the
Institute for Global Policy of the World
Federalist Movement. The essence of the work
is “weighted voting.” Weighted and qualified
voting is perhaps the least heralded and yet
one of the most vital elements of any
constitutional reform of international
organizations. Weighted voting lay at the
heart of the differences between the United
Nations and Bretton Woods institutions’
constitutions in 1945. It is also at the
centre of the development of a constitution
for the European Union and is being debated
as this publication goes to press. Weighted
voting is, indeed, an essential component of
democratic governance at the regional and
global levels.
Professor Schwartzberg’s proposal maintains
the principle of the sovereign equality of
nations, but proposes that for certain
limited matters in which governments agree
to making binding legal and financial
decisions, voting weights shall factor in
population and economic considerations. The
proposed formula is applied to both the UN
General Assembly, the world’s most universal
and legitimate policy-making body, and the
Security Council, the world’s most powerful
multi-lateral body. The final section
addresses how the reforms could be adopted.
THE AUTHOR
JOSEPH E. SCHWARTZBERG received his Ph.D.
from the University of Wisconsin in 1960. He
has since taught at the University of
Pennsylvania (1960-64), the University of
Minnesota (1964-2000) and the Centre for the
Study of Regional Development at Jawaharlal
Nehru University in New Delhi (1979-80).
Professor Schwartzberg is best known as the
editor and principal author of the
monumental and highly innovative
Historical Atlas of South Asia
(University of Chicago Press, 1978 and
Oxford University Press, 1992). Schwartzberg is also a co-author of The
Kashmir Dispute at Fifty: Charting New Paths
to Peace and the author of Kashmir: A
Way Forward, published in 1997 and 2000
respectively by the Kashmir Study Group. He
has served 32 months of military service during
the Korean War (final rank of 1st
lieutenant) and has
participated in various Peace Corps training
programs (directing the first programme for
Ceylon) He has served as Chair of
Minnesota’s Department of South Asian and
Middle Eastern Studies, as a Trustee and
Executive Council member of the American
Institute of Indian Studies, as an elected
member and Secretary of the US National
Committee for the International Geographical
Union. He has published numerous
articles on UN reform, in Global
Governance and other journals. He has
served several terms on the Board of
Directors of the World Federalist
Association / Citizens for
Global Solutions, has chaired its Policy
and Issues Commission, and is presently
President of its Minnesota Chapter. He was a
cofounder in 1996 of the Minnesota Alliance
of Peacemakers.
Link
to Paper Adobe Acrobat needed. 100
pages. 11.6 MB
Globalisation and Environmental
Protection, A Global Governance
Perspective, Toward a Global Environmental
Mechanism
By Daniel Esty and Maria
Ivanova
ABSTRACT
This article disaggregates the impact of
globalisation on the environment into
economic, regulatory, information, and
pluralisation effects. We complement this
structure with an analysis of how national
and global environmental policies affect
globalisation. We then argue that there is a
need for a revitalised governance regime to
organise and maintain environmental
cooperation at the global level. Such a
global environmental mechanism (GEM) would
provide a new model for collaboration,
overcoming the shortcomings of existing
bodies. The GEM’s core elements would be (1)
a global information clearinghouse that
provides a data and analytic foundation for
environmental decision-making at the global,
national, regional, and local scales, (2) a
global technology clearinghouse to highlight
tools and strategies for improved pollution
control and natural resource management, and
(3) a global environmental bargaining forum
that would provide a catalyst for
international negotiations. We conclude that
the GEM approach with a ‘light’
institutional architecture that relies on
global public-policy networks and modern
information technologies offers great
promise because of its response speed,
flexibility, cost-effectiveness, and
potential for broader public participation –
all leading to improved results and greater
institutional legitimacy. This Article is
based on a Chapter jointly drafted with
Daniel Esty, for a forthcoming book,
Handbook of Globalisation and Environmental
Policy.
THE AUTHORS
DANIEL C ESTY is Professor of law at the
Yale Law School and the Yale School of
Forestry and Environmental Studies. He has
also served as the U.S. Environment
Protection Agency’s Deputy Chief of Staff,
Deputy Assistant Administrator for Policy,
and Special Assistant to the EPA
Administrator. He is the author or editor of
eight books including Greening the GATT:
Trade, Environment, and the Future, as
well as numerous articles on environment and
trade, global governance, competitiveness,
security, and development issues.
MARIA H. IVANOVA is the Director of the
Global Environmental Governance Project at
the Yale Center for Environmental Law and
Policy. Her work focuses on international
institutions and organizations,
environmental policy at the national and
global levels, and equity concerns. Maria
is the co-editor of Global Environmental
Governance: Options & Opportunities
(with Daniel Esty) and author and co-author
of articles and chapters on governance,
globalization, and the environment. A
Bulgarian national, she holds degrees from
Mount Holyoke College and Yale University
and is currently completing a doctorate at
the Yale School of Forestry & Environmental
Studies. Maria has worked at the Environment
Directorate of the Organisation for Economic
Co-operation and Development (OECD) in Paris
and at the Swedish Environmental Protection
Agency in Stockholm on policies for water
quality standards setting in the Russian
Federation.
Link
to Paper Adobe Acrobat needed. 24 pages
Peace Building in Iraq: A Comprehensive
Appraisal of Post-Conflict Efforts on the
Occasion of the Transfer of Sovereignty
By James F. Hanlon
ABSTRACT
The situation in post-conflict Iraq since
the United States (US) and United Kingdom
(UK) led invasion of March 2003 has
presented numerous challenges for all
involved. The invasion forces have
attempted to adjust to a role of occupation,
members of the international community have
been challenged with the dilemma of opposing
the original actions leading to the current
situation while realizing the necessity to
contribute to the crisis at hand, and the
Iraqi people continue to struggle for a
restoration of normalcy after more than 30
years of autocratic rule. Iraqi society
suffered from central governing policies of
oppression, favouritism, and injustice prior
to the coalition invasion and occupation.
Since this event there have been numerous
initial instances of productive improvement,
but a general environment of insecurity and
instability has overwhelmed these efforts.
The US and UK led Coalition Provisional
Authority (CPA) is set to transfer
sovereignty to an interim Iraqi governing
body in June 2004. Questions regarding the
composition and efficacy of this body will
remain until efforts prove its mettle.
Infrastructure rebuilding efforts remain
hampered by terrorist attack, humanitarian
relief agencies maintain tentative optimism
regarding a time when they may safely
operate in the state, and ordinary Iraqi
citizens continue to look for a day when
they may pursue normal daily activities
without fear of violence or foreign
influence. All these factors constitute the
cooperative effort of peace building; the
restoration of political, economic, social,
and cultural rights to a sovereign state
entity. This effort depends upon several
factors and is composed of many
sub-categories. A general environment of
security, for example, is necessary for
progress in any area. Once established it
will be possible for the restoration of
local and international commerce, and the
provision of basic human services. Each
principle contains several elements which,
when combined, contribute to the
establishment of a secure and prosperous
independent state.
THE AUTHOR
JAMES F. HANLON has earned a B.A. in
International Diplomacy, a M.S. in Peace
Operations, and a Professional Post-Graduate
Degree in Peace Support Operations from
George Mason University and the United
Nations Institute for Training and Research
respectively. Mr. Hanlon has been
professionally engaged in International
Development for 14 years working in the
private, government and non-profit sectors.
His primary involvement has been with
Humanitarian and Policy efforts in Vietnam,
and most recently as an interactive
instructor to senior Ministers of the Iraqi
Governing Council in Cooperative Peace
Operations. He lives in the Washington DC
metropolitan area. James Hanlon is a
researcher in the Peacebuilding Programme at
Civitatis International.
Link
to Paper Adobe Acrobat needed. 9 pages.
Does the ICC Need the USA? Taking Over
What the USA Started
By Bahman Naraghi
ABSTRACT
This article was written in order to show
the legal and diplomatic strategy of the
United States in regards to the
International Criminal Court (ICC) created
by the Rome Statute. Starting from the
historical perspective of United States’
role in the creation and expansion of
international law and criminal tribunals, I
try to show the strengths and weaknesses of
the arguments put forth by the current
administration regarding the possible
effectiveness of the ICC. By pulling out of
the final stages of the Rome Treaty
negotiations and expressly working to
undermine the work of the ICC, the United
States is taking a step back in many
important ways. An examination of the
reasons put forth to support their position
and actions shows them to be either
unfounded, illegal under international law
or both. The United States can strengthen
its national security and continue to work
towards the highest goals of rule of law,
human rights and international peace by
signing and ratifying the Rome Statute,
working with the ICC rather than against
it. It can only benefit from joining the
|
