keith christian jensen 10/4/20151 evolution of global governance parallel developments in un treaty...

Keith Christian JensenKeith Christian Jensen 04/19/2304/19/23 11

Evolution of Global Governance

Parallel Developments in UN Treaty Parallel Developments in UN Treaty Making Practice and the Bahá’í Making Practice and the Bahá’í

Administrative OrderAdministrative Order


Changing Decision Structures

Promotion of greater “social” learningPromotion of greater “social” learning Builds broader unity among peoplesBuilds broader unity among peoples Traditional hierarchy of institutionsTraditional hierarchy of institutions Minimal voting structuresMinimal voting structures Dynamic hierarchy: Common Heritage Dynamic hierarchy: Common Heritage

ConsensusConsensus


Traditional Hierarchy of Institutions

United Nations as an institution of United Nations as an institution of institutions not peoplesinstitutions not peoples

Aggregation of individual and institutional Aggregation of individual and institutional choicechoice


Traditional Approach: National


Minimal Voting Structure

Individual participation in national electionsIndividual participation in national elections Formulation of national policiesFormulation of national policies Aggregation of national policies into Aggregation of national policies into

international policiesinternational policies


Traditional Approach: Global


Dynamic Hierarchy:Common Heritage Consensus United Nations as an institution of United Nations as an institution of

institutions and peoplesinstitutions and peoples Non-Governmental OrganizationsNon-Governmental Organizations Principle of Common Heritage of MankindPrinciple of Common Heritage of Mankind Consensus procedureConsensus procedure


Global Organization of NGOs


Interactive Relationships:Governments and NGOs

National InterestsNational Interests Voting authorityVoting authority Coallission building to Coallission building to

support national support national objectivesobjectives

Responsiveness to Responsiveness to issues often lengthyissues often lengthy

Participation based on Participation based on national electionsnational elections

Grassroots to global Grassroots to global organizationorganization

No voting authorityNo voting authority Issues focused rather Issues focused rather

than location specificthan location specific Voluntary and Voluntary and

responsive to issuesresponsive to issues Participation based on Participation based on

reputation and probityreputation and probity


Common Heritage Consensus


Problem Oriented Methodology

Social Problems generate need for institutional Social Problems generate need for institutional change in the form of tentative solutionchange in the form of tentative solution

Successful solutions will eliminate errors in Successful solutions will eliminate errors in institutions ability to address social problemsinstitutions ability to address social problems

PS(1) TS(1) EE(1) PS(2)PS(2) TS(2) EE(2) PS(3)PS(3) TS(3) EE(3) PS(4)


Competition among Solution Providers: GOs & NGOs

When tentative solutions to social problems are When tentative solutions to social problems are competitively offered by Governments alone, the competitively offered by Governments alone, the opportunity for error elimination is limitedopportunity for error elimination is limited

Inclusion of NGOs increases dramatically the Inclusion of NGOs increases dramatically the opportunities for identifying successful strategies opportunities for identifying successful strategies

PS(1) TS(1go) EE(1go) PS(2) PS(1) TS(1ngo) EE(1ngo) PS(2) PS(2) TS(2go) EE(2go) PS(3) PS(2) TS(2ngo) EE(2ngo) PS(3)


Multilateral Treaties:Global Legislation?

Treaties - Traditionally viewed as ContractsTreaties - Traditionally viewed as Contracts Treaties generally assume some absence of Treaties generally assume some absence of

a legal regime covering topic and partiesa legal regime covering topic and parties Often requires revision of domestic lawOften requires revision of domestic law Increasing number of topics coveredIncreasing number of topics covered Increasing number of treaties harmonizing Increasing number of treaties harmonizing

topics covered by domestic lawtopics covered by domestic law


Growth of UN Treaty Law

Traditional approach Traditional approach (States only)(States only)

Common Heritage Common Heritage Consensus (States & Consensus (States & NGOs)NGOs)


Innovative Solutions in International Law

Invention of “Soft Law” Resolutions by UNInvention of “Soft Law” Resolutions by UN Acceptance of Principles of Common Acceptance of Principles of Common

Heritage of Mankind (Areas, Resources and Heritage of Mankind (Areas, Resources and Values)Values)

Acceptance of Principles of Acceptance of Principles of Jus CogensJus Cogens


“Soft Law” Resolutions

Non-binding agreements with norm Non-binding agreements with norm creating charactercreating character

Forge agreement on new subjects: human Forge agreement on new subjects: human rights, space, environment, codes of rights, space, environment, codes of behavior for states and non-state actorsbehavior for states and non-state actors

Amend, interpret & supplement treaty lawAmend, interpret & supplement treaty law Flexible and responsive to revisionFlexible and responsive to revision


Growth of UN “Soft Law”

Traditional Approach Traditional Approach (States only)(States only)

Common Heritage Common Heritage Consensus (States & Consensus (States & NGOs)NGOs)

020406080

100120140160180200

1945

1951

1957

1963

1969

1975

1981

1987

1993

TRDCHCTOTAL


Problem-Solution Continuum:Hard & Soft Law

Resolutions used to add legal interpretation Resolutions used to add legal interpretation to treaties such as UN Charterto treaties such as UN Charter

Resolutions used to build and prepare Resolutions used to build and prepare international agreement prior to decision to international agreement prior to decision to make a treatymake a treaty

Resolutions used to augment and enhance Resolutions used to augment and enhance treaty implementation procedurestreaty implementation procedures


Examples of Continuum:

Resolution Treaty Resolution

A/RES/95 (I)A/RES/96 (I)

Genocide A/RES/368 (IV)

A/RES/1904 (XVIII) RacialDiscrimination

A/RES/217 A (III) Human RightsCovenants

A/RES/1962 (XVIII) Use of OuterSpace

A/RES/2749 (XXV) Law of the Sea A/RES/48/263


Topics of “Soft Law” Hardening

UN Document # Title of ResolutionA/RES/375 (I) Draft Declaration of the Rights and Duties of

StatesA/RES/1837 (XII) Declaration of the Conventions to Peaceful Needs

of the Resources Released by DisarmamentA/RES/2542 (XXIV) Declaration on Social Progress and DevelopmentA/RES/2856 (XXVI) Declaration on the Rights of Mentally Retarded

PersonsA/RES/3201 (S-VI) Declaration on the Establishment of a New

International Economic OrderA/RES/3281 (XXIX) Charter of Economic Rights and Duties of StatesA/RES/3318 (XXIX) Declaration on the Protection of Women and

Children in Emergency and Armed Conflict


Common Heritage of Mankind

Establishes a recognition of the oneness of Establishes a recognition of the oneness of the human family and its heritagethe human family and its heritage

Identifies Areas, Resources and Values that Identifies Areas, Resources and Values that should be managed by the establishment of should be managed by the establishment of international regimesinternational regimes

Examples: Space-WRAC 86, Seabed Examples: Space-WRAC 86, Seabed Authority, UNESCO Heritage RegistryAuthority, UNESCO Heritage Registry


Principles of Jus Cogens

Premptory Norms Premptory Norms Restrictions on the domain of institutional Restrictions on the domain of institutional

choicechoice Problem of compulsion versus statement of Problem of compulsion versus statement of

common agreement common agreement


Content of Jus Cogens

Territorial integrity of Territorial integrity of statesstates

PiracyPiracy Fundamental human Fundamental human

rightsrights Fundamental rights of Fundamental rights of

groupsgroups GenocideGenocide

Peace and securityPeace and security Crimes against peace Crimes against peace

and humanityand humanity Use of weapons of Use of weapons of

mass destructionmass destruction Environmental Environmental

destructiondestruction Economic warfareEconomic warfare


Emerging Constitutional Order

Extensive growth in UN Treaty LawExtensive growth in UN Treaty Law Extensive growth in UN “Soft Law”Extensive growth in UN “Soft Law” Growing realization of interdependenceGrowing realization of interdependence Growing desire for peaceful reform Growing desire for peaceful reform The opportunity for peaceful reformThe opportunity for peaceful reform


Character of Global Constitutional Order

Global Rule of Law over:Global Rule of Law over:– Transnational OrganizationsTransnational Organizations– National OrganizationsNational Organizations– Peoples, and IndividualsPeoples, and Individuals

Recognition of Unity of Human SocietyRecognition of Unity of Human Society– Policies to enhance human rightsPolicies to enhance human rights– Policies to enhance social prosperityPolicies to enhance social prosperity– Policies for individual participationPolicies for individual participation


Parallel Purposes, Emerging Structures

The World Order of Bahá’u’lláh is a The World Order of Bahá’u’lláh is a comprehensive and evolutionary systemcomprehensive and evolutionary system

Its origins and fundamental patterns are Its origins and fundamental patterns are recognized as Divine recognized as Divine

Its genesis lays in the Kitáb-í-Adqas, Its genesis lays in the Kitáb-í-Adqas, Bahá’u’lláh’s “Most Holy Book”Bahá’u’lláh’s “Most Holy Book”

Its germination and growth stem from this Its germination and growth stem from this SourceSource


“Blessed are the rulers and learned in Bahá . . .”

Rulers are Institutions, Rulers are Institutions, not individualsnot individuals

Democratic election of Democratic election of Institution’s servantsInstitution’s servants

Unity is basis of Unity is basis of decision-makingdecision-making

Institution’s purpose: Institution’s purpose: unity and well-being unity and well-being of mankind of mankind

Learned are eminent Learned are eminent individualsindividuals

Appointed for Appointed for advisory capacityadvisory capacity

No decision-making No decision-making authorityauthority

Purpose of Office: Purpose of Office: guide and assist social guide and assist social developmentdevelopment


Cooperation amongSolution Deciders,

Providers and Advisors

““Authority and direction flow from the Authority and direction flow from the Assemblies, whereas the power to Assemblies, whereas the power to accomplish the tasks resides primarily in the accomplish the tasks resides primarily in the entire body of the believers. It is the entire body of the believers. It is the principle task of the Auxiliary Boards to principle task of the Auxiliary Boards to assist in arousing and releasing this power.”assist in arousing and releasing this power.”


Parallels of NGOs & Learned

NGOs:NGOs: Organized Organized

transnationallytransnationally Oriented to enhance Oriented to enhance

social principlessocial principles No institutional voting No institutional voting

authorityauthority Authority rests in Authority rests in

recognition of probityrecognition of probity

Learned:Learned: Counselors assigned Counselors assigned

Continental domainContinental domain Oriented to enhance Oriented to enhance

social principlessocial principles No institutional voting No institutional voting

authorityauthority Authority rests in Authority rests in

recognition of probityrecognition of probity


Organization of Bahá’í Administrative Order

In te rna tiona l C ounse llors

C ontinenta l C ounse llors

N ationa l S piritua l Assem blies

Aux ilira ry B oard M em bers

Loca l S piritua l Assem bliesAss is tants toAux ilira ry B oard M em bers

U niversal H ouse of Justice


Organization of Bahá’í Administrative Order

Universal House of JusticeGlobal Policy and Decision Making

Local Spiritual AssemblyLocal Policy and Decision Making

National Spiritual AssembliesNational Policy and Decision Making

Local Assistants to anAuxiliary Board Member

Regional Auxiliary Board Members

Continential Boards of CounselorsContinential Counselors

International Teaching CentreInternational Counselors


Organization of “Common Heritage Consensus”

Loca l C hap te rs o f N G O sLoca l A dvice and A c tion

G rass roo ts N G O sN ationa l A dvice and A c tion

T ransna tiona l N G O sC onsu lta tive S ta tus

Loca l G overnm entLoca l P o lic y and D ec is ion M ak ing

N ationa l G overnm entsN ationa l P o lic y and D ec is ion M ak ing

U n ited N a tions O rgan iza tionG loba l P o lic y and D ec is ion M ak ing


Conclusions for the Evolution of Global Governance

The open-ended, overlapping institutional The open-ended, overlapping institutional arrangements of the “Common Heritage arrangements of the “Common Heritage Consensus” produce positive, effective Consensus” produce positive, effective means for governing the affairs of global means for governing the affairs of global society.society.

Similarities with the Bahá’í Administrative Similarities with the Bahá’í Administrative Order suggest opportunities exist for the Order suggest opportunities exist for the two models to learn from each other. two models to learn from each other.

keith christian jensen 10/4/20151 evolution of global governance parallel developments in un treaty...

Documents