jean-marc coicaud professor of law and global affairs director of the division of global affairs

32
THE AMBIGUOUS ATTITUDE OF THE UNITED NATIONS TOWARDS DEMOCRACY Jean-Marc Coicaud Professor of Law and Global Affairs Director of the Division of Global Affairs

Upload: pauline-gardner

Post on 11-Jan-2016

215 views

Category:

Documents


2 download

TRANSCRIPT

Page 1: Jean-Marc Coicaud Professor of Law and Global Affairs Director of the Division of Global Affairs

THE AMBIGUOUS ATTITUDE OF THE UNITED NATIONS TOWARDS DEMOCRACY

Jean-Marc Coicaud

Professor of Law and Global AffairsDirector of the Division of Global Affairs

Page 2: Jean-Marc Coicaud Professor of Law and Global Affairs Director of the Division of Global Affairs

Opportunities for Democracy and the Rule of Law emerged with the end of the Cold War

Among Nations Within Nations

Page 3: Jean-Marc Coicaud Professor of Law and Global Affairs Director of the Division of Global Affairs

I. Democracy in the UN Context

Page 4: Jean-Marc Coicaud Professor of Law and Global Affairs Director of the Division of Global Affairs

I. Democracy in the UN ContextAgenda for Peace

Page 5: Jean-Marc Coicaud Professor of Law and Global Affairs Director of the Division of Global Affairs

I. Democracy in the UN ContextAgenda for Development

Page 6: Jean-Marc Coicaud Professor of Law and Global Affairs Director of the Division of Global Affairs

I. Democracy in the UN Context Agenda for Democracy

Page 7: Jean-Marc Coicaud Professor of Law and Global Affairs Director of the Division of Global Affairs

II. UN Ambiguity in the Agenda for Democracy

Page 8: Jean-Marc Coicaud Professor of Law and Global Affairs Director of the Division of Global Affairs

II. UN Ambiguity in the Agenda for Democracy

Terms of the UN’s Ambiguity Towards Democracy On the one hand: A strong commitment

of the UN to some of the values and principles at the core of democracy. Both within and among nations. This is

eminently the case when it comes to the UN commitment to human rights.

Page 9: Jean-Marc Coicaud Professor of Law and Global Affairs Director of the Division of Global Affairs

II. UN Ambiguity in the Agenda for Democracy

On the other hand such UN commitment to democratic values and principles (human rights) has very strong limitations

This generic tension is an illustration of the overall ambiguity of the UN towards democracy

Page 10: Jean-Marc Coicaud Professor of Law and Global Affairs Director of the Division of Global Affairs

III. Modalities

More specifically the tensions and limitations can be illustrated at three levels: Institutional Normative Operational

Page 11: Jean-Marc Coicaud Professor of Law and Global Affairs Director of the Division of Global Affairs

IV. Institutional Standpoint

UN Charter Membership General Assembly vs. Security Council The Exclusivity of the Security Council

Page 12: Jean-Marc Coicaud Professor of Law and Global Affairs Director of the Division of Global Affairs

IV. Institutional Standpoints

United Nations Charter: We the People vs. Governments

Page 13: Jean-Marc Coicaud Professor of Law and Global Affairs Director of the Division of Global Affairs

IV. Institutional Standpoint

Membership: Democracy Preferred but not Required

Page 14: Jean-Marc Coicaud Professor of Law and Global Affairs Director of the Division of Global Affairs

IV. Institutional Standpoint

General Assembly vs. Security Council: Universality vs. Select Few Symbolic vs. Executive Power

Page 15: Jean-Marc Coicaud Professor of Law and Global Affairs Director of the Division of Global Affairs

V. Normative Standpoint

On the one hand significant normative and legal developments in favor of key democratic values and principles in the fields of Human Rights International Treaties: Social, Economic,

Cultural, Political Rights Rule of Law

Page 16: Jean-Marc Coicaud Professor of Law and Global Affairs Director of the Division of Global Affairs

V. Normative Standpoint

This Evolution is Illustrated and Enables the Move from Absolute Sovereignty to Conditional Sovereignty Humanitarian Interventions Human Security Responsibility to protect

Page 17: Jean-Marc Coicaud Professor of Law and Global Affairs Director of the Division of Global Affairs

V. Normative Standpoint

On the Other Hand, International Distribution of Power Overrides the International Rule of Law National Interest vs. International Interest Self-Defense vs. Collective Security

Page 18: Jean-Marc Coicaud Professor of Law and Global Affairs Director of the Division of Global Affairs

V. Normative Standpoint

In the End, at the International Level There are Moral Obligations but No Legal Obligations. Illustrative of this is: Convention for the Prevention and

Punishment for the Crime of Genocide International Treaties Responsibility to Protect

Page 19: Jean-Marc Coicaud Professor of Law and Global Affairs Director of the Division of Global Affairs

VI. Operational Dimension

International Interventions in the 1990s International Interventions in the 2000s

Page 20: Jean-Marc Coicaud Professor of Law and Global Affairs Director of the Division of Global Affairs

VI. Operational Dimension

Peacekeeping Operations in the 1990s Desire to Defend Civilians and End Crises At the same time very limited

Somalia Bosnia Kosovo Worst case scenario, Rwanda

Page 21: Jean-Marc Coicaud Professor of Law and Global Affairs Director of the Division of Global Affairs

VI. Operational Dimension

International Interventions in the 2000s Limited Commitment in Libya No Commitment in Syria

Page 22: Jean-Marc Coicaud Professor of Law and Global Affairs Director of the Division of Global Affairs

VII. The Way Forward

Reforming the Institutions Reforming the Global System Reforming what it is to be Human

Page 23: Jean-Marc Coicaud Professor of Law and Global Affairs Director of the Division of Global Affairs

VII. The Way Forward

Reforming Institutions In the UN Context

Reforming the Security Council Creating a UN People Assembly with true

legislative power (see the work of Thomas Franck for example)

Page 24: Jean-Marc Coicaud Professor of Law and Global Affairs Director of the Division of Global Affairs

VII. The Way Forward

Reforming the Global System Possible Models:

Jürgen Habermas: World Domestic Policy David Held: Global Democracy Jean-Marc Coicaud: Moving from Global Norms

to Global Policy

Page 25: Jean-Marc Coicaud Professor of Law and Global Affairs Director of the Division of Global Affairs

VII. The Way ForwardChallenges and Crises Crisis of Political Representation and

Participation National Level International Level

Global Economic Crisis Financialization of the Economy Gap Between the Wealthy and the Poor Growth Model?

Page 26: Jean-Marc Coicaud Professor of Law and Global Affairs Director of the Division of Global Affairs

VII. The Way Forward

In Order to Overcome Challenges and Crises Requires:

Thinking about Economic and Political Models that Generate more Economic and Political Integration Within Nations Among Nations

Move from Global Western-Centric Models to Wide, Open, Inclusive, and Integrated Global Models

Page 27: Jean-Marc Coicaud Professor of Law and Global Affairs Director of the Division of Global Affairs

VII. The Way ForwardReforming How to be Human: The Self, The Other, and The World 18th Century Social Reform Connected the

Political with the Human The solution is not purely institutional

and political but also about who we are, who we can be, and who we ought to be

Page 28: Jean-Marc Coicaud Professor of Law and Global Affairs Director of the Division of Global Affairs

VII. The Way Forward

Democracy is about Promoting: Individual Agency Social Cooperation

National Level International Level

Beyond Material Poverty and Spiritual Poverty

Page 29: Jean-Marc Coicaud Professor of Law and Global Affairs Director of the Division of Global Affairs

VII. The Way Forward

As They Say: “Winter Is Coming”

Ways to Prepare: Two Paradigms for the Future

Page 30: Jean-Marc Coicaud Professor of Law and Global Affairs Director of the Division of Global Affairs

VII. The Way ForwardRonald Reagan Paradigm

“In our obsession with antagonisms of the moment, we often forget how much unites all the members of humanity.…I occasionally think how quickly our differences worldwide would vanish if we were facing an alien threat from outside this

world.”

Page 31: Jean-Marc Coicaud Professor of Law and Global Affairs Director of the Division of Global Affairs

VII. The Way Forward

Master Shifu Paradigm

“Anything is Possible if you have Inner Peace”

Page 32: Jean-Marc Coicaud Professor of Law and Global Affairs Director of the Division of Global Affairs

Uniting the Two Paradigms

In order to achieve peace and democracy we should have one eye on the stars to see whether or not Martians are coming, and one eye looking

within.