world order-daniella lambert

Legal Studies Stage 6

Option 7: World Order 2011 HSC Course

Daniella Lambert Trinity Catholic College

HSC Legal Studies Option 7: World Order

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1. The nature of world order

Discuss the concept of ‘world order’. World order: activities and relationships between the world’s nation states, and other

significant non-state actors, that take place with a legal, political and economic framework.

The aim of these international activities is the promotion of peace and stability in the world.

Previously known as international relations prior to globalisation.

Term coined at end of the Cold War by USSR President Mikhail Gorbachev.

Interdependence of nation-states has increased due to:

o war

o natural disasters, famine and epidemics

o climate change

o international crime and terrorism.

Increasing globalisation has had many results including:

o improved technology and transportation

o communication and mobility of labour

o flow of goods and capital across State borders

o more effective trade agreements and removal of trade barriers.

Outline the evolving nature of world order. There has long been a desire for collective security and a dramatic growth in the development of

international law in the last 60 years:

Treaty of Westphalia (1648) attempted to give the nation-state protection in international

law, origin of state sovereignty, FIRST MULTILATERAL COOPERATION.

The Concert of Europe (1815) developed by victorious nations of Napoleonic wars to prevent

future European conflict.

Treaty of Versailles Conference (1919) and the establishment of the League of Nations.

Nicaragua v. Mexico [1926] claimed Mexico was assisting political enemies causing political

instability in Central America, but was deemed not an issue of interest for the League of

Nations. US instead sent squadron of warships ‘for the protection of American and foreign

lives and property’.

Pact of Paris (1928) signed by many member states but no mechanism for ensuring

compliance. IMPORTANT – one of few agreements of 20th century that applied almost

universally.

Atlantic Charter (1941)

o Nation states see no territory. Changes must be those wished by the people.

o All people have the right to choose the form of government.

o Freedom of the seas.

o Equal access to trade and raw materials for economic prosperity.

o Cooperation for improved work conditions, adequate social security and economic

advancement.


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o Abandonment of use of force.

The UN Charter (1945) is the MOST SIGNIFICANT. Its first aim was the prevention of war, and

the preservation of peace.

o Article 2 (3) All members shall settle their international disputes by peaceful means...

o Article 2 (4) All members shall refrain in their international relations from threat or use

of force...

Describe the need for world order. Activities previously limited to the local or national levels are not internationalised, requiring

law making beyond the nation-state.

The need for world order has never been greater due to the high level of interdependence

that has resulted from globalisation – the integration of regions by the removal of

restrictions on trade, travel and mass communication.

E.g. Global financial crisis (Sept, 2009) demonstrated that a financial problem in one part of

the world can have a quick ripple effect across the globe.

The world is more vulnerable due to interdependence on stability in other regions of the

globe.

Benefits that arise from interdependence (interconnection of two or more states to such an

extent they are mutually dependent on one another and vulnerable to crises) include:

o Volume of international law has grown exponentially, with high degree of compliance.

o Encouragement for cooperation, leads to the consensus with which most international

laws are made.

o Countries agree to binding treaties and commit themselves to provisions because of

mutual benefit.

Some nations choose not to join because they perceive it as detrimental to their nations.

Explain the implications of the nature of conflict on achieving world

order. Interstate conflict

Conflict between separate countries.

Conventional war: use of large, organised military forces.

Nuclear war: threat reached pinnacle with Cuban Missile Crisis, end of atmospheric testing

with the Limited Nuclear Test Ban Treaty in 1963. Nuclear Non-Proliferation Treaty prevents

countries from acquiring of building nuclear weapons.

Cyber-warfare: cyber-attack may be launched by terrorists, criminals and states affecting

internet, defence systems, telecommunications infrastructure, stock market, transportation

systems, health infrastructure and critical infrastructure such as electricity grids.

Cold War: 1947-1991 rivalry between US and USSR in military, economic, political and

strategic matter, paralysed the UN Security Council and reduced the effectiveness of the UN

in dealing with world order issues.


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Intrastate conflict

Conflict within a country, also known as a civil war.

In the last 20 years 115/122 wars around the world have been civil conflicts.

UN Charter focused on interstate, yet today intrastate conflict is now prominent, requiring

different approaches such as peacekeeping.

Civil war: conflict between two or more sides within a country, for example Sudan which

resulted in the establishment of a new nation state, South Sudan.

Guerrilla war: use of hit-and-run tactics and element of surprise, e.g. the Vietcong against

the logically superior US forces in the Vietnam War. Also used by armed groups opposing US

occupation of Iraq and Afghanistan.

Wars waged by governments against their own people: dictatorial regimes often engage in

systematic campaigns of genocide, mass murder, and elimination of classes of people and

state-sponsored terror or death squads (mass atrocity crimes or crimes against humanity).

James Huntley referred to this as ‘democide’ – the killing of democracy.

Terrorism: actions intended to cause death or physical injury to civilians and to cause terror,

with the intent of coercing a government or other body o meet certain demands. Has

become a global phenomenon since the 11 September 2011 terrorist attacks on the Twin

Towers. Groups include Al-Qaeda that act locally for global effect.

Communal killing: violence and warfare within communities not necessarily perpetrated by

the government. E.g. ethnic rivalries, historical or religious differences. Occurred in 1990s

after Yugoslavia split into Bosnia, Serbia and Croatia; Rwanda; Darfur region of Sudan. They

are generally war crimes or crimes against humanity.

Spills into neighbouring nations to being a world order issue. Refugees cross borders

spreading tension and animosity.

Access to resources as a source of conflict

Since the signing of the UN Charter in 1945 nations that go to war are now far more

concerned with providing legal justification of their actions. This can be undermined as it is

usually just a front for real reasons.

US has military bases around the world and particularly in the Middle East is to secure

resources for an economy dependent on a high amount of energy. It is Israel’s staunchest

ally, possibly because of its pivotal position in the Middle East, and maintains good

relationships with oil-rich Arab states such as Saudi Arabia and the Gulf states, partially

impacting upon America’s decision to become involved in the first Gulf War.

Fossil fuel production is due to peak, raising the question of the need to have an Oil

Depletion Protocol.

Global food scarcity could provide a future cause for conflict with expanding populations.

Other causes: ideological disputes, religion, global or regional hegemony, and ethnic,

religious or racial intolerance.


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2. Responses to world order

Examine the role of sovereignty in assisting or impeding the

resolution of world order issues. State sovereignty plays an important role in the resolution of issues threatening world order. State

sovereignty establishes the rights and responsibilities for the individual nation states that can assist

in the solving of the problems that threaten world order. These same rights and responsibilities can

also impede the solving of the problems that threaten world order if they are exploited or not

exercised in good faith with international interests.

State sovereignty gives nations the right to enter into international relationships with other nation

states. This connection usually in the form of a treaty may allow one nation to influence another, or

offer support that could prevent the escalation of an issue that may threaten the balance of World

Order.

Assisting resolution of world order issues:

Treaties that create unions e.g. EU helps balance prosperity in a region where poorer nations

can benefit from knowledge and technology from richer nations – solving economic crisis in

Greece, Italy, Portugal and Spain.

Right to reject treaties if against a nation’s best interests. E.g. evident by the time taken for

Australia to sign the Kyoto Protocol because it was against our economic interests.

Protects its citizens – prevent exploitation of people and stop civil unrest, maintaining

stability, right with visas (refuse or withdraw)

Can be involved in peace keeping missions if it chooses – e.g. Australia in East Timor

(allowing elections to go ahead) and greater Asia-Pacific.

Can join the United Nations.

State sovereignty itself acts as a deterrent to conflict, if one nation violates another it leaves

itself open to similar acts. The fact it exists will stop some from doing the wrong thing.

Impeding resolution of world order issues:

Barrier to unwanted input from the international community

Can prevent negotiations over issues that are potentially harmful. You can’t take another

country negotiate or mediate. UN has limited responses (e.g. sanctions and blockades,

restrictions on trade) but little can be done.

Nation-states are interdependent due to globalisation and the breaking down of traditional

barriers, however nations continue to govern in national interests that than regional or

global.

Can be used as an excuse for people being held not accountable in the international arena.


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Evaluate the effectiveness of legal and non-legal measures in

resolving conflict and working towards world order. State sovereignty

States have the right to make laws within the territories they govern as well as the right to

make treaties with other states.

Dependent on the stability of the domestic situation and international acceptance.

The only chance of enforcing international treaties is through state sovereignty; however, it

can also limit world order as nations can choose to ignore international treaties that conflict

with their national interests without being held accountable.

State sovereignty can be a vehicle for change; implementing policies that help encourage

and enforce peace and world order. E.g. Australia’s peace-keeping efforts in East Timor.

Without a policy of participation by nations that contribute military and police personnel

there would be no peace-keeping force to achieve developments in world order issues

(humanitarian intervention).

Can be overruled by the UN Security Council using its Chapter VII powers, providing a

safeguard if there are widespread human rights violations which result in a ‘threat to peace’

or an ‘act of aggression’. E.g. mass killings resulting in an exodus of refugees may be viewed

as a ‘threat to peace’.

Problems with UN sanctioned intervention:

o Difficulties with UNSC agreement if the interests of one of the permanent five are

threatened. E.g. China blocking action in Darfur due to obtaining oil from Sudan.

o Permanent Five provide the most significant military power and may be unwilling to act.

o Popular opinion opposed to sending armed forces to dangerous regions may have an

impact.

o States fear failure. E.g. efforts in Somalia, 1993. UN lacked resources and political and

financial support. US public opinion turned against intervention when 18 soldiers were

killed by Somali gunmen.

Sovereignty is the foundation of our global system, but is exercise can impede the resolution

of world order issues if its rights are exploited and its responsibilities are ignored.

o States have the right to: act in world affairs, be sovereign, control internal affairs, vote in

the UN, be equal to other states and use and protect its territory.

o States have a responsibility to: respect other states’ territorial integrity and allow the

political independence of other states.

The United Nations

The United Nations was formed in 1945 at the end of World War II with an expressed aim of

maintaining peace. It began with only 51 member states; today, it has 192. Membership

numbers fluctuate because states can choose to join or leave and the UN can elect to

remove a state that acts contrary to the UN’s aims, as expressed in the Charter of United

Nations.

The importance of the UN is that it is a body set up to provide concrete guidelines about

how peace might be achieved and maintained. It provides a tangible focus for international


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cooperation, and is a leader in setting and spreading ethical standards about treatment of

people and about how states can coexist in a harmonious manner.

The ICCPR and the ICESC, known as the Twin Covenants, came into force in 1976. Whereas a

declaration is not legally binding, these covenants formalised the principles listing in the

UNDHR by transforming them into treaties that, once ratified by a member state, are

binding. They are limited by the fact there is no international body to ensure their

enforcement if nations choose to not ratify them.

Kofi Annan states that ‘The effectiveness of the UN relies on high-level political support and

partnerships between governments’.

Structure of the United Nations:

o UN Security Council

Permanent Five and ten other revolving nations; those five can veto any majority

decision, in some cases impeding the resolution of world order issues.

In resolving a threat to the peace, the Security Council may (Article 41) advocate

complete or partial interruption of economic relations and of rail, sea, air, postal,

telegraphic, radio and other means of communication, and the severance of

diplomatic relations. Also, may use demonstrations blockades and other operations

by air, sea or land forces.

E.g. recommended economic sanctions against South Africa in order to pressure for

the abolition of apartheid. In 2002 it passed Resolution 1441, which required Iraq to

show the world community that it did not possess weapons of mass destruction.

o UN General Assembly

Consists of all member states that are considered equal; greatest potential for

improving world order.

Debate issues, make recommendations and vote on decisions. These decisions are,

however, not binding, and there are no ramifications for any state that votes for a

decision and then does not abide by it.

Make recommendations to states that are not adhering to UN Charter guidelines

and can advise the UNSC on disputes they are not already involved in.

o UN Secretariat

Important role in mediating disputes between nations.

Led by Secretary-General who can advise the UNSC.

E.g. Rainbow Warrior affair, the Secretary-General helped mediate a dispute

between France and New Zealand after French agents sank the Greenpeace vessel

Rainbow Warrior at her moorings in Auckland’s harbour.

o Economic and Social Council

54 members, including Permanent Five.

Initiates reports and makes recommendations to the General Assembly on areas

concerning economic, social and cultural cooperation with a view to promoting

world order.

Coordinates autonomous agencies that promote world order though international

campaigns. E.g. UNESCO which promotes education and cultural development, WHO

which coordinates world-wide immunisation and provisions for essential drugs, and

the World Bank which provides loans and technical assistance to developing

countries to reduce poverty and promote sustainable economic growth.


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International instruments

An international instrument is a document that outlines an ideal international standard of

behaviour on a particular issue. International instruments are all voluntary and take two

main forms: declarations and treaties.

Declarations such as the Universal Declaration on Human Rights, are non-binding

agreements and are sometimes referred to as ‘soft law’. By signing a declaration, nations

show their in-principle support for the intentions of the agreement but they are no bound to

follow any particular actions.

A treaty is a binding agreement and is sometimes referred to as ‘hard law’. A treaty can be

bilateral (between two countries) or multilateral (between more than two countries).

o Geneva Protocol (1925) was signed by nearly all nations and no nation has engaged in

gas warfare since its establishment.

o Sea Bed Treaty (1971) prohibits the placement of nuclear weapons, weapons of mass

destruction, launching pads or storage or testing facilities on the sea-bed. Activities may

be undertaken within 21.5km of their nation’s shoreline, deterring the nuclear-capable

nations from setting up short-range nuclear weapons outside territorial waters of other

nations.

o South Pacific Nucear-Free Zone Treaty (1986) prohibits the detonation of all nuclear

devices even for peaceful purposes, and also outlaws the dumping of radioactive waste

within the zone, establishing a system to verify compliance.

Customs becomes part of customary international law when they are part of an ongoing,

consistent and uniform practice accepted by states as law.

o For example, it has long been a custom that countries will assist vessels in distress within

their waters, regardless of which country they are from. The custom was so widely held

that it was incorporated into the law of the sea.

Courts and tribunals

International Court of Justice

o Principal judicial organ of the United Nations.

o It has limited jurisdiction; only states can be parties to cases before the ICJ, not

individuals. The ICJ’s jurisdiction applies when there is a special agreement about a

specific dispute, when parties to a treaty nominate the ICJ as the resolution mechanism

or when nations make a unilateral declaration.

o Interprets treaties between states, but only if state’s give consent to arbitration in

advance.

o Limitations on its powers reduce the ICJ’s ability to take the initiative and to judge a

state’s behaviour, or that of a United Nations’ organ, independent of a request by that

party itself.

o A decision of the ICJ has no binding force upon anyone other than the states that were

parties to the case. There is therefore no doctrine of precedent operating to determine

the decisions in future cases.

o The judges serve a nine-year term and rotate so that each member state that can

demonstrate its competence in international law is represented over time. Decisions are

made by majority vote and there is no appeal.


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o Consequently it has received criticism that it has little power to enforce or police its

decisions. Possibly its most vital role is in generating political pressure to encourage a

state to change its behaviour. It does this by formal judicial decisions that may

embarrass a state in the world arena.

o Republic of Benin v. Republic of Niger [2005] – frontier dispute case where the nations

had argued for many years over the location of the border between their states. This

case demonstrates the ability of the ICJ to help nation resolve disputes without the need

to resort to war or other violence. The border dispute between Benin and Niger was able

to be resolved in a manner that was fair and based on the best interest of world order.

Other international tribunals

o European court of Human Rights – empowered to police how treaties are applied and

administer treaties through the EU. Its decision is final and binding.

o Ad hoc tribunals – established for a specific task and disbanded once this is completed.

o War Crimes Tribunals – try crimes against international law and those who have

perpetrated violations of the laws of war.

o E.g. International Criminal Tribunal for the Former Yugoslavia (ICTY) – proved itself to

function fully with the passing of extradition laws by the Yugoslav government in 2002 to

force suspects to appear before the tribunal.

o Prosecutor v. Dusko Tadic [1997] – firt trial to be completed by the ICTY, not a soldier

but known for being aggressive and assisting in the ethnic cleansing of his village.

Charged with rape, beatings, torture and murder of Muslim civilians as part of a

widespread and systematic attack on civilians. Found guilty of 11 crimes against

humanity and given maximum sentence of 20 years imprisonment.

International Criminal Court (ICC)

o Will prosecute individuals if the alleged state where crimes of genocide, crimes against

humanity, war crimes and crimes of aggression occur refuses to do so.

o Effectiveness is limited by the fact that nation-states that choose not to ratify the Rome

Statute (e.g. China, Russia, India and the US) do not have to cooperate if they want to

investigate the crime within their state sovereignty.

o Prosecution v. Thomas Lubanga Dyilo [ICC] – first person tried by the ICC for conscripting

child soldiers to be involved in ethnic clashes in the Congo.

European Court of Justice is the judicial organ of the European Union to which member

states can bring complaints. Individuals also have limited rights to claim damages against the

European Union and to enforce economic laws against regional organisations. Its powers are

greater than the ICJ because of its power of judicial review and the binding and enforceable

nature of its decisions.

Intergovernmental organisations

Regional intergovernmental organisations (IGOs)

o Regional neighbours are often closely linked through trade and culture and this gives

regional IGOs significant influence.

o E.g. Association of Southeast Asian Nations (ASEAN) – established in 1967 consisting of

ten south-east Asian states with the aim of aiding regional economic growth, promoting


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peace and security and the rule of law and promoting collaboration in social , cultural,

technical, scientific, industrial and agricultural fields.

Non government organisations

Act independently of government control and have no political role. They play a crucial role

in supporting individuals who are suffering as a result of political unrest and a lack of world

order.

E.g. The International Red Cross and Red Crescent Movement – the Red Cross plays a key

role in protecting the rights of people caught up in conflict. Components engages in different

activities, which range from the collection of blood donations to assisting prisoners of war,

but all share the same fundamental principle of acting for the benefit of all humanity.

E.g. Amnesty International - operates as a moral force on the international stage. It informs

the public about violations of human rights, actively seeks release of political prisoners and

acts as an observer in situations of tension. It issues frequent press releases calling upon

offending states to cease inhumane actions.

The media

The media can be used to draw the public’s attention to the reality of war and its tragic

consequences on civilian populations, as in the case of the Vietnam War. Televised coverage

of this war is credited with turning popular opinion against US and Australian involvement.

In other contexts, however, the media can be used to promote one particular point of view

and can nurture prejudices and promote exaggerated claims that incite conflict.

E.g. the ‘Twitter Revolution’ witnessed after the 2009 Iranian elections where young Iranians

were able to network with each other and the world.

Explain the role of Australia’s federal government in responding to

world order. Australia’s federal structure has a significant influence on Australia’s response to the

promotion of world order.

The Commonwealth of Australia Constitution Act 1900 (UK) outlines the division of powers;

highlighting the powers held exclusively by section 51 of the Australian Constitution, as well

as the procedure if, in exercising their residual power, a state law should conflict with a

Commonwealth law. The federal structure gives overriding power to Commonwealth law

and federal parliament.

Section 51(xxix) gives power to the Commonwealth government to make laws on external

affairs, and so has power to ratify an international instrument by implementing domestic

legislation. Only the federal government can act on behalf of all Australians (entering into a

treaty is an executive decision).

E.g. Commonwealth v. Tasmania [1983] – federal government used its external affairs power

to bring a halt to Tasmania’s damming of Franklin River.

Can ignore action in the interest of improving world order; for example, the Howard

government’s

Australia is a founding member of the United Nations.


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Australia has maintained strong support for United Nations peacekeeping missions

throughout the world. These missions have been an integral part of Australian foreign policy,

which is focused on the need to keep peace and good order within the Asia–Pacific region;

for example, in East Timor and the Solomon Islands. Peacekeeping missions achieve this by

removing sources of regional instability. Missions outside the region, such as those in

Cyprus, Namibia, Rwanda and Somalia, are an important means by which Australia can

establish its international credentials.

In recent years Australia has been more active in the promotion of good governance and law

and order within the Pacific region. In 2003 Australian Federal Police were sent to the

Solomon Islands to help local authorities maintain order after armed militia attempted to

seize control of parts of the country. Australia has also been vocal in its condemnation of the

2009 decision of the military government in Fiji to defer democratic elections until 2014.

Non-legal mechanisms for international dispute resolution Political negotiation

Involves communication between states and is the most simple and frequently used form of

resolving disputes between states.

Occurs on many levels of government with experts negotiating details of international

agreements.

There has been increased scope for greater cooperation.

If political negotiation fails, the next mechanism is persuasion.

Persuasion

States, international organisations and transnational corporations can be persuaded to

change their behaviour through the pressure of world public opinion.

Naming and shaming, used effectively by NGOs to achieve their objectives.

UN can use this tactic through reports delivered on various issues and deliberations of

human rights bodies. E.g. Widespread criticism of Zimbabwe for mass atrocity crimes.

States can be encouraged to improve behaviour by the prospect of membership of word

organisations. E.g. China had to improve its trade standards in order to comply with the rules

of the World Trade Organisation and thus benefit from the same tariff rates for all member

nations.

Also: Turkey’s bid for membership to the EU in order to benefit from the large, successful

market required improvements to their compliance with human rights.

‘Soft power’ – makes the option to comply appear attractive rather than coercing people to

comply.

It is not always effective. E.g. China’s promise to improve its conduct in relation to human

rights and civil liberties to host the 2008 summer Olympic Games; however, many

commentators argued that China reneged on its promises to the IOC, evident in continuing

practices of detention, harassment and torture of political dissidents and its censorship of

media.

Use of force


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Results when political negotiations and persuasion through ‘soft power’ fail.

The UN Charter insists that force or the threat of force should not be relied upon to maintain

international relations; however, they created a legal framework for the inevitable need for

force in some circumstances.

Article 51 states force can be used in self defence. E.g. US argued its invasion of Afghanistan

in 2001 was legal because it was carried out in response to the 11 September attacks. After

10 years of commentators conceding that the invasion was legal, there is not question

where it was the appropriate course of action.

The Charter also legitimises the use of force in circumstances other than self defence,

limited by the need for the agreement of the Security Council to ‘take action by air, sea or

land forces as may be necessary to maintain or restore international peace and security’.

Multilateral action

The NATO action in Kosovo invites the question of what circumstances make the use of force

legal under international law.

Security Council was prevented from intervening in the genocide and practice of ethnic

cleansing of the Muslim population in Kosovo because Russia backed Serbia’s control of

Kosovo, and China perhaps draw a parallel to its own control of Taiwan.

NATO intervened in Kosovo in 1999 and the Security Council, minus China called for

international civil and security presence in Kosovo, retrospectively ratifying the NATO

intervention and lending it greater legitimacy.

Scholars of international law argue that the intervention in Kosovo was legal because it was

carried out by a multilateral collective military intervention which has the sanction of

international law if the threat to peace is significant.

Unilateral military intervention has been prohibited under international law since the end of

World War II.


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3. Contemporary issues concerning world order

Identify and investigate these contemporary issues involving world

order and evaluate the effectiveness of legal and non-legal responses

to these issues. The principle of ‘responsibility to protect’

Concept developed by Gareth Evans, President of the International Crisis Group in 2009,

abbreviated to ‘R2P’.

Raised the issue that the international community had repeatedly failed to prevent and stop

mass atrocity crimes such as genocide and war crimes. E.g. controversy surrounding ‘right to

humanitarian intervention’ in conflicts of Rwanda, Bosnia and Kosovo, favouring

intervention or the principle of state sovereignty.

Aimed at bridging the gap between these two views of state sovereignty, and became the

basis of the International Commission on Intervention and State Sovereignty, called

Responsibility to Protect – unanimously accepted at World Summit in September 2005 and

accepted by the UNSC.

Legal responses:

o Onus on states and international organisations to protect populations from mass

atrocity crimes.

o Individual states must protect their own citizens and help other states to build their

capacity to do the same. International organisations such as the UN must generate

effective prevention strategies and NGOS and individuals must draw the attention of

policy makers to what needs to be done.

o Prevention is the key response in the R2P doctrine through measures such as

building states’ capacity to safeguard human rights, remedying grievances, and

conforming to the rule of law.

o If prevention fails, necessary measures to stop mass atrocity crimes include

economic, political, diplomatic, legal, security and military as a last resort.

Non-legal responses:

o Responsibility to Protect – Engaging Civil Society (R2PCS) launched by the World

Federalist Movement-Institute for Global Policy – engages civil society and educates

other NGOs about R2P to effectively lobby governments to respond prompting and

appropriately to emerging humanitarian crises. Builds advocacy skills and promoted

the implementation of R2P by the United Nations.

o International Coalition for the Responsibility to Protect (ICRtoP) launched by the

R2PCS and supported by NGOs such as Oxfam International, Human Rights Watch,

International Crisis Group and Refugees International to raise awareness, education

and form partnerships between NGOs.


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Important framework to reconcile the non-interference principle and obligations to act

against human rights violations.

Useful mechanism to improve international community’s response to crisis situations.

Requires political will on behalf of world leaders to make hard decisions.

Responsibility of people of goodwill to pressure their governments to be involved.

Remains to be seen how effective the UNSC will be in warranting military intervention.

Regional and global situations that threaten peace and security (nuclear

threat)

Nuclear weapons pose the greatest threat to global peace and security.

27 000 warheads, with thousands still on 20-minute alert – detonation of only a few

hundred would destroy cities and cause massive ecological damage to the rest of the world.

E.g. 1995 a false reading nearly sparked nuclear retaliation by Russia against a suspected US

attack.

There have been a number of bilateral nuclear weapons treaties and multilateral treaties to

deal with the threat of nuclear war which has not been eliminated.

Legal responses:

o Bilateral treaties:

1991 – US and Russia signed START 1 and began reduction of nuclear arsenals from

58 000 warheads (11 000 at present with goal of 5000 each)

SORT treaty of 2002 – criticised because it omitted ‘tactical’ nuclear weapons,

meaning parties could put them in storage, omitted verification procedures.

2010 ‘New START’ treaty to reduce two-thirds of deployed warheads from START 1

and one-third from SORT.

o Multilateral treaties:

Nuclear Non-Proliferation Treaty (NPT) signed in 1968 in Washington, London and

Moscow and based on agreement that those nations lacking nuclear weapons

promised not to develop them if the five nations that did possess them (USA,

Russia, China, Britain and France) agreed to gradually reduce the number of

weapons they held.

Comprehensive Test Ban Treaty (CTBT) adopted in 1996 banned the production of

weapons-grade fissile material, eliminate nuclear weapons, support nuclear free

zones and give security assurance to all nations. 182 signatories in March 2010;

however, US has not ratified the treaty.

2000, America announced its intention to abandon the Anti-Ballistic Missile Treaty

(ABM) of 1972 and 2002 announcement that it would use ‘pre-emptive’ action to

strike an enemy first – led to fear from other major powers and represented an

abandonment of basic UN principles.

Further limitations at 2005 World Summit where no achievements were made to

strengthen the NPT, no final document was produced.

o UN Security Council and Nuclear Disarmament – acts on a case by case basis.

In Iraq, the fact that no ‘weapons of mass destruction’ were found after America

invaded in 2003 attests to the success of the UN weapons inspections since the

passing of Resolution 687 at the end of the 1990-91 Gulf War.


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North Korea: referred to the International Atomic Energy Agency (IAEA) for violating

safeguards in 1993 and later signed the Agreed Framework between the United

States of America and the Democratic People’s Republic of Korea as a non-binding

political agreement; however they withdrew from the NPT in 2003 and in 2006

detonated a nuclear bomb. Pressure from the UNSC led to an agreement to

abandon its nuclear weapons program but as of 2010 this had not been achieved.

Iran has been pressured to end developments of a nuclear bomb since 2006 but

UNSC is divided about how to deal with the violations of the NTP.

o Hans Blix noted the UNSC cannot be said to be doing its job in regards to nuclear

disarmament, with the 2006 report by the International Weapons of Mass Destruction

Commission stating that the UNSC has not fulfilled its role of establishing ‘a system for

the regulation of armaments’ to promote peace and security as set out in Article 26 of

the UN Charter. HOWEVER it has great potential to deal with WMD because it can pass

legislation to govern the world’s actions. 2010 Review Conference had the hopes of

strengthening the NPT after encouraging calls from President Obama in 2009, encourage

India, Pakistan and Israel to sign NPT.


o International Weapons of Mass Destruction Commission

Initiated by Swedish government, chaired by Hans Blix (won Sydney Peace Prize for

efforts on nuclear disarmament).

Set up in response to slow progress of non-proliferation, arms control and

disarmament; facilitates informed public debates.

Major achievement of 2006 report: Weapons of Terror: Freeing the World of

Nuclear, Biological and Chemical Weapons, this provided a detailed investigation

of every conceivable aspect of achieving disarmament.

o International Commission on Nuclear Non-Proliferation and Disarmament and the NPT

Review Conference

Political plan initiated by world leaders.

Set up by Rudd government to kick-start global discussion on eliminating nuclear

weapons with the aim of developing tighter rules for the 40year-old NPT.

Report titled Eliminating Nuclear Threats: A Practical Guide for Global

Policymakers can be seen to contribute positively to the NPT Review Conference in

2010.

o Campaign for Nuclear Disarmament (CND)

British NGO.

Aims to rid the world of nuclear weapons by non-violent means.

Advocates immediate negotiation for a rapid, timetabled abolition of nuclear forces

world-wide.

Participates in UN conferences on disarmament.

We need to build trust, not bombs; ban all WMP through a legally-binding convention; have

world leaders set an example through drastic cuts in nuclear arsenals.


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The success of global cooperation in achieving world order (East Timor and

UN intervention)

UN intervention in East Timor since 1999 is considered a successful example of global

cooperation achieving world order issues including illegal invasion, mass atrocity crime

during Indonesian occupation and violence by pro-Indonesian militias.

East Timor was a case of sovereignty being used to impede resolution of issues: mass

atrocities were denied by the Indonesian authorities and calls for independent observers to

assess the situation were rejected.

Legal responses:

o UN Security Council and Resolution 1246 ‘Ballot to Decide on Special Autonomy for

East Timor’: UNSC established the United Nations Mission in East Timor (UNAMET)

however this was weak due to undermanned and under-armed civilian police and the

Indonesian authorities resented the UN-sponsored vote for independence and were

uncooperative, paying armed thugs to disrupt the process (Indonesian sovereignty

limited the effectiveness).

o Referendum and Militia Violence: Referendum was effective as East Timorese were able

to convey that 78.5% of the population wanted independence; however, with the lack of

control, this resulted in violent reactions from pro-Indonesian militias destroying 70% of

infrastructure and leaving East Timor without utilities, health care, food or schools.

o UNSC Resolution 1264 authorised the formation of INTERFET (International Force for

East Timor), a UN peacekeeping force under Australian command. Active within days,

aid was able to reach East Timor. Successfully brought East Timor under control within

weeks and expelled the last Indonesian troops by November 1999. This decisive military

action was hailed an outstanding success by Australian forces under UNSC mandate –

significant diplomatic pressure not to attack Australians.

o UNTAET (UN Transitional Administration in East Timor) replaced UNTAET with the aim

to lead East Timor to statehood and build the foundation of democracy. Now Timor-

Leste, it became an independent nation in 2002 and the UN Mission of Support in East

Timor was established by UNSC resolution 1410 to support administrative structures.

o There was clearly a successful halt of militia violence, though criticised for not

anticipating that violence after UN ballot. Considered to have positive outcomes, such as

creation of East Timor as a nation. UN Historian Paul Kennedy asserts that the success of

UN intervention relies heavily of the willingness of a member state – namely Australia –

to provide military assistance.


o Media: journalists and global media networks broadcast real-time footage of the

murderous rampage of pro-Indonesian militia and the lack of action by the Indonesian

army and police which was highly influential in turning public opinion against Indonesian

occupation and prompting decisive UN action.

o Diplomatic pressure: UN Secretary-General Kofi Annan played a major role talking to all

parties involved in pursuit if an end to violence. UN High Commissioner for Human

Rights, Mary Robinson, expressed concern over escalating violence and encouraged

UNSC deployment of forces to East Timor. US President Clinton also pressured Indonesia

to allow UN intervention.


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o NGO expertise: work in a range of areas to improve education, health, women’s rights

and housing. International Crisis Group (ICG) has played a major role in assisting East

Timorese government and UN administration through reports such as ‘No Time for

Complacency’ which noted the issues of a weak justice system and corruption which

undermined further improvements in security. ICG is indispensible.

o UN Nation-building: long-term commitment by UN; offers its experience and expertise

so Timor-Leste can be a strong, economically sustainable nation-state characterised by

the rule of law. Resolution 1704 established the UN Integrated Mission in Timor-Leste

(UNMIT) in 2006 to extend UN operations into 2010.

o Australian Aid: given strong political and moral support to the Timor-Leste government.

170 scholarships for East Timorese students to study at Aust. universities, medical aid in

the form of 10 000 and 15 000 consultations by Australian medical personnel and

providing specialist training. Also helped train 800 police and train and support

thousands of civil servants. They have also built partnerships with the World Bank and

the UN to help with the coordination of development assistance.

The UN not only guided East Timor to independence in 2002, but has continued nation

building policies in the years since, making it a successful story for global cooperation to

resolve world order issues.

Timor-Leste requires global cooperation to address the task of building institutions,

infrastructure and economic foundations for future peace and security. Constant

cooperation is valuable and necessary – seen by Australian commitment and reinforcements

in 2006 and 2008.

Based on global cooperation because:

o UN Security Council working together and giving a strong mandate for intervention.

o Diplomatic pressure exerted on Indonesia by John Howard, Kofi Annan, Mary Robinson

and Bill Clinton.

o Media coverage of the violence.

o Australian willingness and capacity with respect to sending military forces in 1999.

o Continual nation building in East Timor.

o Australian long-term commitment to providing assistance.

Rules regarding the conduct of hostilities (International humanitarian law)

International humanitarian law (IHL) – body of international law deriving from treaties and

customary practice that governs armed conflict, including rules on the conduct of hostilities

and related issues that arise.

IHL has its origins in the late 19th century with Henri Dunant upon seeing the need for a

permanent relief society and an international treaty to protect volunteers.

This resulted in the creation of the International Committee of the Red Cross (ICRC) in 1863,

a non-partisan organisation that cares for the sick and wounded in war and was protected

by the First Geneva Convention for the Alleviation of Conditions of the Wounded in Armies

in the Field. The goal of the conventions was the ‘humanisation of conflict’.

Legal responses:

o Treaties


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Primary instruments governing IHL are the four Geneva Conventions. They contain

strict rules to deal with ‘grave breaches’, with those responsible being tried or

extradited, regardless of nationality.

First G.C – protects wounded soldiers and religious/medical personnel.

Second G.C. – protects wounded, sick and shipwrecked personnel and medical

ships.

Third G.C. – protects prisoners of war (particularly release and reparation).

Fourth G.C. – protects civilians.

All conventions include Article 3 for intrastate armed conflict including civil wars

and internal conflicts which is significant given the nature of armed conflict today.

Customary international law is general practice accepted by the international

community. In 2005, the ICRC identified 161 such rules.

o Courts

ICRC was instrumental in creating the ICC (proposed by Gustav Moynier, founder of

the ICRC).

Initially failed to eventuate out of Paris Peace Conference 1919.

Ad hoc tribunals established in response to mass killings in Rwanda and Yugoslavia.

Hague conferences in 1899 and 1907 led to the establishment of a Permanent Court

of Arbitration.

1998 – 160 countries and 200 NGOs participated in a conference resulting in the

Rome Statute of the International Criminal Court. Entered into force in 2002 after

its 60th ratification, giving authority and enforceability to the Geneva Conventions

which previously depended on state prosecution. Individuals can now be

prosecuted for war crimes under the Geneva Conventions.

o Abu Ghraib and Guantanamo: The Geneva Conventions Defied

Indicates the inability to enforce Geneva Conventions – US breaches in the pursuit

of terrorism, secret orders given to allow the use of various torture methods on

detainees in US detention.

US claimed as terrorists they were ‘unlawful combatants’ and therefore outside the

protection of the Geneva Conventions.

US military limited Red Cross visits to detention facilities.

Prison established for ‘war on terror’ at military base in Guantanamo Bay, Cuba.

Claim that constitutional protections of ‘life, liberty and property’ and protection

from ‘cruel and unusual punishment’ did not extend to foreigners held outside US

borders, and nor did the Convention Against Torture, and other Cruel, Inhuman and

Degrading Treatment; signed and ratified in 1994 – Bush administration damaged

US’s international reputation.

Red Cross issued a damning report when photos were released of Iraqi victims in

Abu Ghraib prison.

Inmates such as David Hicks held without charge – photos of treatment could anger

Muslims and lead to further attacks on the Western world.

Obama announced its closure in 2009 and discussed an inquiry into Bush

administration personnel.



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o ICRC plays a significant role in educating military forces of the world and the general

public about the requirements of IHL.

o Detailed guides for treatment of victims, humanitarian workers, UN peacekeepers,

journalists and soldiers.

o Extended education programs in schools to raise awareness in next generation.

o In armed conflict, the ICRC acts as a neutral party and has the right to free movement

across battle lines. They are engaged in visiting prison, internment and labour camps,

evaluating the condition of prisoners of war, providing food, medicine, clothes and

blankets to those in need as well as facilitating the exchange of information between

people on both sides of the conflict about prisoners of war and missing persons.

o ICRC has offices in more than 60 countries and conducts operations in about 80

countries.


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Themes and challenges

The role of law in encouraging cooperation and resolving conflict in

regard to world order. UN Charter laid out mechanisms for encouraging cooperation for the purpose of

safeguarding human rights and promoting social and economic progress. It also gave

guidelines for resolving disputes using peaceful means and for the use of force by the UNSC

if all else fails.

ICRC educates all military forces to educate personnel about the rule of law, particularly the

Geneva Conventions and educates the community to alleviate suffering.

NGOs use education and persuasion to encourage global cooperation.

Multilateralism is an approach to world order that draws on the individual and collective

strengths of the various parties, and is generally the most effective way to resolve conflicts.

Peacekeeping has been strengthened with the 1990s by UNSC willingness to use Chapter VII

power to give its operations legal authority.

Compliance and non-compliance in world order contexts. Interdependence of states encourages greater compliance with international law.

State sovereignty can be used as an impediment to compliance with international law, but

may also encourage compliance when two or more states agree on world order issues.

Likelihood of international condemnation for failure to comply with Geneva Convention and

other mechanisms to regulate hostilities.

UNSC intervention in East Timor in 1999 secured Indonesian compliance.

International courts and tribunals seek to enforce individuals’ compliance with international

law by providing a means to bring people to justice when their countries cannot or will not

take action.

Force, persuasion and political negotiation are generally used to obtain states’ compliance.

Force alone is generally ineffective in producing long-term compliance; hence the need for

more measured, long-term approaches, such as represented by R2P and the Peace Building

Commission.

The effect of changing values and ethical standards on world order. UN charter represents a fundamental change in world order; it declared war to be illegal

except in specified conditions, and declared the protection of human rights to be one of the

global community’s main priorities.

The universal Declaration of Human Rights marked a fundamental change in the values of

the international community and laid the foundation for a major new branch of international

law.

The Genocide Convention declared that the international community will never again

tolerate the sort of genocide carried out by the Nazis against the Jews in WWII.


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R2P places the security of individuals at the centre of the international community’s

concern, rather than the security of states.

UNSC Resolution 1887 and 2009 marked a return to multilateral cooperation in dealing with

the threat of nuclear war.

The role of law reform in promoting and maintaining world order. Doctrine of R2P spreads and all organisations involved in difficult regimes with little regard

for citizens will have clear guidelines of how to proceed.

Geneva Conventions have been subject to ongoing improvement over the past 150 years;

the ICRC continues to educate both the public and all military forces about the Conventions

as well as monitor their observance.

The Nuclear Proliferation Treaty has roved very useful in limiting proliferation to a small

number of countries. However, genuine reform must occur from 2010 to tighten the treaty

and enforce compliance by intransigent states, as well as to reduce nuclear stockpiles

significantly.

UN peacekeeping was grafted onto the UN system to meet urgent need during the Cold

War. Since then it has been accepted as performing an invaluable role in maintaining world

order.

The ICC plays a critical role in enforcing international humanitarian rights law and

international humanitarian law.

The effectiveness of legal and non-legal responses in promoting and

maintaining world order. Most international law is made by treaties, which therefore have a major role in giving order

and direction to global governance.

UNSC resolutions have the force of law and are binding upon all UN member states.

However, it is only since the 1990s that a level of cooperation has existed between the

permanent members of the UNSC to allow their effective operation. If he UNSC embers are

prepared to back them with action, UNSC resolutions can be the most powerful legal

mechanism.

The advent of the ad hoc tribunals in the 1990s marked the beginning of a new chapter in

using international courts to maintain world order by prosecuting serious breaches.

NGOs use investigation, research, education and lobbying to promote the welfare of

individuals and groups.

Wise political leadership is always a necessary ingredient for promoting a just and stable

world order.

world order-daniella lambert

Documents

o cooperation

o article

o freedom

o war o natural disasters

o nation states

state borders o

concept of world order

o improved technology