UN at 60 - a model for global governance

by D. Laksiri Mendis

Global governance has entered the agenda of global politics. It has gained importance with the withering away of the 1648 Westphalian order. The emergence of global threats, challenges and changes have further accentuated its importance. In this context, the state has become too big for small things and too small for big things.

At the 60th UN Anniversary Summit of the General Assembly, the changes proposed to the UN Charter and the statements made by several Heads of State and Governments amply demonstrate that global governance must go beyond national interests and moral imperatives.

Global governance relates to good governance at international and national levels. At international level, good governance relates to the reform of the UN Charter and UN agencies, to meet the challenges of the 21st century.

It also deals with global economic and social threats and challenges such as abject poverty, disease, armed conflicts, weapons of mass destruction, terrorism, corruption, narcotic drugs and organised crime.

At national level, good governance relates to the Rule of Law, promotion of democracy, human rights, access to justice, free and fair elections, humanitarian assistance and strategies to deal with the global threats and challenges.

Many models for global governance and good governance are advocated by scholars and national leaders by way of books and election manifestos with a view to establishing lasting peace. However, a good model for global governance would require the following basic ingredients.

Firstly, it must recognise universal values.

Secondly, it must be able to deal effectively with threats, challenges and the changes at the international and national levels.

Thirdly, it must cooperate fully with non-governmental organisations (NGOs), civil society organisations (CSOs) and the private sector.

Fourthly, it must recognise interreligious and ethical values with a view to establishing lasting peace.

Fifthly, it must recognise the importance of multilateralism and multilateral diplomacy.

The model

UN treaties contain universal values and constitute an effective tool for good governance. Hence, in developing a good model for global governance on the 60th anniversary of the UNO, it is evident that UN treaties, UN treaty-making and UN treaty-implementation can constitute a good model for global governance in the 21st century.

This model is simple, effective and realistic and can be operationalised through the existing institutions and structures of the UN system. It provides an avenue for participation of states, IGOs, NGOs and CSOs. It is a track on which necessary changes could be made towards good governance at international and national levels through negotiation, ratification and implementation of UN treaties.

It is axiomatic that a model for good governance must deal effectively with global issues raised in the recent Report of the UN High Level Panel on Threats, Challenges and Changes.

This Report classified six main clusters of threats, namely: (1) economic and social threats - poverty, infectious diseases and environment degradation, (2) interstate conflict, (3) internal conflict including civil war, genocide and other large-scale atrocities, (4) nuclear, radiological, chemical and biological weapons, (5) terrorism, and (6) transnational organised crime (TOC). UN treaties on environment, human rights, humanitarian law, genocide, disarmament and non-proliferation of weapons of mass destruction, organised crime, trafficking in narcotic drugs and corruption provide a good conceptual and institutional framework to act effectively against these threats and challenges.

In this context, it must also be stated that the General Assembly Resolutions and SC Resolutions also constitute an integral part of this model. These Resolutions made under the UN Charter differ from subsidiary legislation made under Acts of Parliament/Congress in diverse legal systems.

GA Resolutions are not of a binding nature, but constitute the basis for UN Action Plans, policies and programs. Good examples are the Resolution relating to the Millennium Declaration (2000), Resolution relating to the Dialogue among Civilizations (2004), Resolutions relating to the establishment of a Culture of Peace (1999) and the Resolution requiring 0.7% as development assistance.

SC Resolutions are binding and must be implemented by member states with immediate effect. Good examples are the Resolutions relating to Financial Contributions to Terrorist Organizations (2001), Trafficking in Nuclear Material (2004) and Recruitment of Child Soldiers (2005).

The formulation of this model is influenced by the landmark publication titled 'UN Legal Order' by Oscar Schachter and Christopher C. Joyner. It provides a broad description as to the manner in which the constituent elements of this model can contribute to global governance.

This model is also greatly influenced by the works of Judge Weeramantry, Richard Falk, Thomas Frank, Anthony Aust, Oscar Arias Sanchez, Willy Brandt, Thomas Weiss and ACUNS Journals on Global Governance.

Their works provide a reader an exhaustive picture of the vast scope of UN treaties and the manner in which these treaties are made and implemented in different legal systems to achieve good governance and lasting peace. This model has taken into account UN reports and documents and in particular the Report titled 'In Larger Freedom', by the UN Secretary-General, Kofi Annan.

Efficacy

The efficacy of this model can be evaluated by reference to its constituent elements. Firstly, UN treaties occupy a predominant position in international law and relations. It is not possible today to understand international law, international relations and multilateral diplomacy properly without a good grasp of UN treaties, although it was possible to do so about 50-60 years ago.

UN treaties cover a wide range of subject matter such as human rights, humanitarian law, terrorism, environment protection, trade and development, law of the sea, trafficking in narcotic drugs, disarmament and non-proliferation of weapons of mass destruction, genocide, transnational organized crime and corruption. These UN treaties impact on good governance at the international and national levels vertically and horizontally.

The UN Charter is the most important UN treaty. It empowers the Security Council to maintain international peace and security in the world. It is encouraging to note that UN reforms include the establishment of a Peace-Building Commission to ensure peace-making and post-conflict peace-building in 48 countries affected by violent armed conflicts.

Also, the amendments proposed to the UN Charter in regard to the expansion the Security Council are absolutely necessary to give credibility and legitimacy to the UN Charter. Otherwise, as the Foreign Minister Natwar Singh (India) said this important UN treaty looks "undemocratic" in a changed world order. At the 60th anniversary, consensus emerged in regard to these important UN reforms.

However, the efficacy of this model can be diminished if the application of the important UN treaties relating to sea level rise, climate change, inter-generational equity, International Criminal Court, non-proliferation of nuclear weapons, comprehensive nuclear test ban, human rights, corruption, organised crime, narcotic drugs, biodiversity, biosafety and anti-personnel mines are not universalized. Hence, the ratification of such treaties by superpower, major powers, middle powers and developing countries is absolutely necessary.

Secondly, UN treaty-making is a protracted process in the UN system. It provides an opportunity today for non-state actors to participate in this process. Green Peace, Human Rights Watch and the ICRC have done so admirably by preparing draft treaties in the fields of environment, human rights and humanitarian law. Late Jean Pictet of the ICRC has immortalised his contribution to 1949 Geneva Conventions and the Additional Protocols.

In regard to trade and development, the WTO is the 'bicycle' on which globalisation and liberalization of trade is promoted by the IMF and the World Bank. Unfortunately, developing countries have not played a robust role in the negotiation of WTO agreements.

(To be Continued)