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211. The Future of Russia: Modernization or Decline?

Author:
Adam Balcer and Nikolay Petrov
Publication Date:
02-2012
Content Type:
Working Paper
Institution:
Carnegie Endowment for International Peace
Abstract:
Russia as a permanent member of the UN Security Council and nuclear power remains a key player in Eurasia with a substantial leverage in the post Soviet space and, at the same time, the most important neighbour of the EU. However, in the coming decades Russia will face serious challenges to its internal prospects and international position. The further rise of China, negative demographic trends (shrinking population, emigration of well-educated people), substantial increase of the share of Muslim population, degradation of its infrastructure, unsustainability of the current economic model and rampant corruption are the most important factors which will impact on Russia's future and by default on the EU's. Certainly, Russia's democratization would substantially increase its ability to face these challenges and impact positively on EU-Russia relations.
Topic:
International Relations, Nuclear Weapons, and Nuclear Power
Political Geography:
Russia, Europe, Eurasia, Soviet Union, and United Nations

212. Iran and the Universality of Human Rights

Author:
Mehdi Zakerian
Publication Date:
01-2012
Content Type:
Journal Article
Journal:
Iranian Review of Foreign Affairs
Institution:
Center for Strategic Research (CSR)
Abstract:
A review of the events of the past decade and today's demands of the international community demonstrates how the expansion, inclusiveness and universality of the Universal Declaration of Human Rights and United Nations Human Rights Covenants serve the common interests of all United Nations member states and nations. Moreover, the consensus of the international community on a series of rules such as the ban on torture and slavery, right to life, freedom of expression and alike - collectively known as fundamental rules of human rights - is inviolable. These two presumptions influence the institutionalization of human rights norms and support for human rights in every corner of the world, including Iran. For this purpose, which strategy can Iran make use of in the process of the universalization of human rights? While many international relations and international law scholars claim that the universality of human rights is a bridge connecting security and progress, putting aside this claim, we propose an answer to the key question of what Iran's optimum strategy towards the universality of human rights should be. This research argues that since every country's culture and native, age-old cultural, religious and national beliefs possess relative grounds of inclusiveness and universality, Iran's optimum strategy should be to seek a cross-cultural character of the fundamental rules of human rights. The author assesses the formation of human rights treaties and Iran's positions, cultural distinctions and types of universalities. Moreover, this study reviews the reservations about, and particular interpretations of human rights as well as theoretical and academic debates concerning the universality of human rights. Lastly, the author discusses cultural relativism and the impact of the cross-cultural character of the fundamental rules of human rights on compromise between relativism and universality of human rights.
Topic:
International Relations and Human Rights
Political Geography:
Iran, United Nations, and Tunisia

213. Of Witches and Robots: The Diverse Challenges of Responding to Unlawful Killings in the Twenty-First Century

Author:
Philip Alston
Publication Date:
02-2012
Content Type:
Journal Article
Journal:
Macalester International
Institution:
Macalester College
Abstract:
From its relatively modest beginnings in 1945, the universal human rights regime has come a very long way. Few if any of those who drafted the apparently unthreatening, but nonetheless foundational, provisions of the United Nations Charter dealing with human rights would have imagined that less than seventy years later the Security Council would have taken action in relation to serious human rights violations in a significant range of countries, that governments would have established an International Criminal Court, or that there would be a wide range of mechanisms that regularly and routinely hold states to account for their human rights performance across a very wide range of issues. This is not, however, to suggest that many of the most egregious human rights problems have been radically ameliorated. They clearly have not. The subjugation of women is a continuing phenomenon in a great many societies, and gender equality remains an unachieved goal even in the most developed economies. Racial discrimination is a constant and forms of ethnic and religious discrimination continue to be both inventive and invidious. Hunger, the denial of basic health care, and access to decent housing are problems that persist on a vast scale around the world. In addition, torture, disappearances, and unlawful killings continue to take place in the majority of states.
Topic:
Human Rights
Political Geography:
United Nations

214. International Criminal Justice: Growing Pains or Incurable Contradictions?

Author:
James von Geldern
Publication Date:
02-2012
Content Type:
Journal Article
Journal:
Macalester International
Institution:
Macalester College
Abstract:
When the Rome Statute of the International Criminal Court (ICC) was drafted in 1998, it represented a signal moment in the history of human rights. Here, finally, was a document that not only enunciated humanitarian protections, it also offered a means to punish individuals guilty of violating them. United Nations Secretary-General Kofi Annan called the Statute “a gift of hope to future generations, and a giant step forward in the march towards universal human rights and the rule of law.” Drafting Committee Chairman Cherif Bassiouni stressed that the world would never again be the same. This was the last step of a history that had started at the end of the First World War and meant that impunity for the perpetrators of grave crimes of international concern was no longer tolerable. It would not eliminate all conflicts or bring victims back to life, but it would bring justice.
Topic:
Human Rights
Political Geography:
United Nations

215. Response

Author:
Paul Schadewald
Publication Date:
02-2012
Content Type:
Journal Article
Journal:
Macalester International
Institution:
Macalester College
Abstract:
Dr. James von Geldern is a public scholar, lawyer, teacher, and professor who raises questions with profound moral implications for international policy, activism, and human rights work. Von Geldern's argument that the Institutional Criminal Court (ICC) may be fatally flawed is disturbing for people who work for human rights, but it is also a critical line of inquiry. His argument is troubling because it does not engage us solely in an intellectual conundrum. The topics raised by his essay, such as whether universal global justice is ultimately possible, engages us in multiple ways. We enter the conversation as scholars, human rights workers and activists, and as human beings, who live with the recent images of Darfur and with memories and stories of other genocides.
Political Geography:
United Nations

216. Response

Author:
Proma Sen
Publication Date:
02-2012
Content Type:
Journal Article
Journal:
Macalester International
Institution:
Macalester College
Abstract:
On a preliminary reading of “International Criminal Justice: Growing Pains or Incurable Contradictions,” by Professor James von Geldern, one understands that the debate about enforcement arises from the assumption of a pre-existing set of human rights concerns in the world today. Beyond the continuing debate surrounding the universal applicability versus the cultural relativism of these rights, the very existence of human rights in today's globalizing context leads to the question of how these rights can be protected and who is responsible for their enforcement? To date, the largest internationally accepted organization with the combined political power of multiple nations is the United Nations and its various sub-organizations. The highest global power seemingly permitted to pass cross-national judgments today is the International Criminal Court (ICC), formed by the Rome Statute, which was drafted in 1998. Yet the ICC has not convicted enough aggressors to truly be deemed a successful mechanism for justice.
Topic:
Human Rights
Political Geography:
United Nations

217. Ralph Zacklin, The United Nations Secretariat and the Use of Force in a Unipolar World. Power v. Principle

Author:
Günther Auth
Publication Date:
02-2012
Content Type:
Journal Article
Abstract:
Global governance has been the buzzword for many internationalists for quite some time now, and the United Nations has been one of the primordial focal points in controversies about global order. This prominence of the UN has been especially remarkable in the context of deliberations about the legality and legitimacy of military force. For, despite the growing importance of the US as the world's most capable superpower, internationalists have not been muted by voices stressing the impossibility of successfully grappling with power-based interests and high-political considerations of predominant states through international law and organization. The emergence of a unipolar moment, a constellation supposedly characterized by a high concentration of military capabilities and widespread scepticism as regards the fruitfulness of multilateralism in the US has rather enticed many commentators to ponder all the more seriously the potential role of multilateral institutions, such as the UN – as a mediating structure vis-à-vis national interests, as a legitimacy-conferring agent the main function of which it is to rationalize the regime of the great powers, or as a potential counterweight to US-American unilateralism. The author of the book under review adds to this list as he endeavours to show that, after the end of the Cold War in 1990, the Secretariat of the UN repeatedly championed views that brought it into conflict with the US and other influential member states of the UN. Based on his own experience as a staff member in the Office of Legal Affairs since 1973, as the Director of the UN Secretariat's Office of Legal Counsel since 1988, and as an Assistant Secretary-General for Legal Affairs of the United Nations from 1998 to 2005, he delivered The Sir Hersch Lauterpacht Memorial Lectures at Cambridge University in 2008, in which he made a strong point for an independent role for the UN Secretariat as regards questions concerning the legality and legitimacy of military force.
Political Geography:
United States and United Nations

218. P.G. McHugh, Aboriginal Title. The Modern Jurisprudence of Tribal Land Rights

Author:
Katja Göcke
Publication Date:
02-2012
Content Type:
Journal Article
Abstract:
The recognition of aboriginal title – i.e., land rights not derived from the Crown/government but rooted solely in the use and ownership of the land by indigenous peoples since time immemorial – is probably the greatest achievement of indigenous peoples in their decade-long struggle to de - fend their land and culture. Since indigenous peoples define themselves as a people through their genealogical connection to certain areas, the realization of the right to own, use, and live on their ancestral territories has always been at the centre of their struggle for the recognition and enforcement of their rights. Ownership of and control over their ancestral land and its resources are not only considered a significant contribution to solving the terrible social and economic problems indigenous peoples are facing. A considerable degree of self-management and control over land and natural resources is also regarded as essential to the indigenous peoples' survival as peoples and the preservation of their distinct culture. Yet until the 1970s the rights of indigenous peoples to their ancestral lands were almost completely ignored by states and international law. The loss of indigenous peoples' control of and ownership over these lands during colonization was regarded as a historical and irreversible fact by national governments. When from the 1970s onwards courts in several common law jurisdictions began to hold that the indigenous peoples' customary tenure had indeed survived the acquisition of sovereignty by the Crown and continued to exist as a burden on the Crown's radical title to the land, the national governments were – after years of inactivity and neglect – finally forced to act and to enter into negotiations with indigenous peoples to settle the indigenous peoples' land claims. In the 1990s, United Nations human rights monitoring bodies and regional human rights courts picked up the aboriginal title idea, thereby placing indigenous peoples' issues and concerns on the international agenda and providing indigenous peoples with additional leverage against their respective governments. The recognition of inherent indigenous land rights not only enabled indigenous peoples to retain and regain ownership and control over land and resources, but it also became the platform for the recognition of other indigenous rights, in particular, the right to self-determination and the right to autonomy. Hence, through the recognition of the aboriginal title doctrine, indigenous peoples were not only brought to the attention of their respective governments, but they also became recognized as actors – and no longer as mere subjects – on the national as well as on the international level.
Political Geography:
United Nations

219. UN-Appointed Palmer Commission, Report on the Gaza Flotilla incident, New York, July 2011 (excerpts).

Publication Date:
01-2012
Content Type:
Journal Article
Journal:
Journal of Palestine Studies
Institution:
Institute for Palestine Studies
Abstract:
On 2 August 2010, in response to the continuing fallout over Israel's 31 May 2010 attack on a humanitarian aid flotilla bound for Gaza that resulted in the death of nine Turkish citizens, the UN Secretary formally established a panel of inquiry into the incident. The six-vessel flotilla, led by the Turkish-owned Mavi Marmara and heading toward Gaza with the stated intention of breaking Israel's siege, was boarded by Israeli forces some seventy-two nautical miles out to sea. The incident further strained Israeli-Turkish relations, which had deteriorated sharply over Israel's Operation Cast Lead in 2008–9.
Political Geography:
New York and United Nations

220. Middle East Quartet, Statement Urging the Resumption of Israeli-Palestinian Peace Talks, New York, 23 September 2011

Publication Date:
01-2012
Content Type:
Journal Article
Journal:
Journal of Palestine Studies
Institution:
Institute for Palestine Studies
Abstract:
With the approach of the annual UN General Assembly (UNGA) session and the Palestinians not yet completely de- cided on whether to go ahead with a bid for full membership in the world body, the U.S. in late August 2011 stepped up efforts to avert the move. These included pressure on the Palestinians to accept a proposal by the Middle East Quartet (the U.S., EU, Russia, and the UN) to revive Israeli-Palestinian peace talk in lieu of their statehood bid. U.S. envoys pre- sented several formulas, but the Pales- tinians found them insufficient and not serious, and said that even if a viable proposal were presented, the statehood bid would proceed (see Quarterly Update in this issue for details). The U.S. urged its Quartet partners to issue a statement on reviving talks nonetheless, believing it would give the U.S. leverage to argue that an alternative to the statehood bid still existed through negotiations, and that until all negotiating prospects were exhausted unilateral Palestinian steps should be opposed.
Political Geography:
Russia, United States, Europe, Middle East, Israel, Palestine, and United Nations