The Regime of Absolute Sovereignty (1) The Charter of United Nations, 1945 (2) The Universal Declaration of Human Rights, 1948 (3) The Bandung Conference, 1955 (4) Norms vs. laws Eleanor Roosevelt Jawaharlal Nehru Ho Chi-minh
The Regime of Absolute Sovereignty the concept of sovereignty: of the state of the individual
Criminalizing War 1. U.S. Army Order No. 100 (Lieber Code), 1863 2. Geneva Convention, 1864 3. First Hague Peace Conference, 1899 4. Second Hague Peace Conference, 1907 5. Kellogg-Briand Pact, 1928 6. Geneva Convention, 1929 7. Charter of the United Nations, 1945 8. Nuremberg and Tokyo Trials, 1945-1948 9. Universal Declaration of Human Rights, 1948 10. Fourth Geneva Convention, 1949 11. Additional Protocols, 1977
Charter of the United Na/ons (1945) Ar/cle 2 The Organiza/on and its Members... shall act in accordance with the following Principles: 1. The Organiza/on is based on the sovereign equality of all its Members....
Charter of the United Na/ons (1945) Ar/cle 2 The Organiza/on and its Members... shall act in accordance with the following Principles: 1. The Organiza/on is based on the sovereign equality of all its Members.... 4. All Members shall refrain in their interna/onal rela/ons from the threat or use of force against the territorial integrity or poli/cal independence of any state, or in any other manner inconsistent with the Purposes of the United Na/ons.
Charter of the United Na/ons (1945) Ar/cle 2 5. All Members shall give the United Nations every assistance in any action it takes in accordance with the present Charter, and shall refrain from giving assistance to any state against which the United Nations is taking preventive or enforcement action. 7. Nothing contained in the present Charter shall authorize the United Na/ons to intervene in mamers which are essen/ally within the domes/c jurisdic/on of any state or shall require the Members to submit such mamers to semlement under the present Charter...
Charter of the United Na/ons (1945) Ar/cle 33 1. The par/es to any dispute, the con/nuance of which is likely to endanger the maintenance of interna/onal peace and security, shall, first of all, seek a solu/on by nego/a- /on, enquiry, media/on, concilia/on, arbitra/on, judicial semlement, resort to regional agencies or arrangements, or other peaceful means of their own choice. Ar/cle 39 The Security Council shall determine the existence of any threat to the peace, breach of the peace, or act of aggression and shall make recommenda/ons, or decide what measures shall be taken...
Charter of the United Na/ons (1945) Ar/cle 42 Should the Security Council consider that measures provided for in Ar/cle 41 [ measures not involving the use of armed force ] would be inadequate or have proved to be inadequate, it may take such ac/on by air, sea, or land forces as may be necessary to maintain or restore interna/onal peace and security. Such ac/on may include demonstra/ons, blockade, and other opera/ons by air, sea, or land forces of Members of the United Na/ons.
Charter of the United Na/ons (1945) Ar/cle 51 4. Nothing in the present Charter shall impair the inherent right of individual or collec/ve self- defense if any armed amack occurs against a Member of the United Na/ons, un/l the Security Council has taken measures necessary to maintain interna/onal peace and security....
Universal Declaration of Human Rights (1948) Eleanor Roosevelt, 1884-1962
Universal Declaration of Human Rights (1948) Drafting Committee Charles Malik (Lebanon) Alexandre Bogomolov (USSR) Peng-chun Chang (China) René Cassin (France) Eleanor Roosevelt (US) Charles Dukes (UK) Wm. Hodgson (Australia) Hernan Santa Cruz (Chile) John Humphrey (Canada)
Universal Declaration of Human Rights (1948) Ar/cle I All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood. Ar/cle 2 Everyone is en/tled to all the rights and freedoms set forth in this Declara/on, without dis/nc/on of any kind, such as race, colour, sex, language, religion, poli/cal or other opinion, na/onal or social origin, property, birth or other status....
Universal Declaration of Human Rights (1948) Ar/cle 3 Everyone has the right to life, liberty and security of person. Ar/cle 4 No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms. Ar/cle 5 No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
Universal Declaration of Human Rights (1948) Ar/cle 9 No one shall be subjected to arbitrary arrest, deten/on or exile. Ar/cle 10 Everyone is en/tled in full equality to a fair and public hearing by an independent and impar/al tribunal, in the determina/on of his rights and obliga/ons and of any criminal charge against him.
Universal Declaration of Human Rights (1948) Ar/cle 11 1. Everyone charged with a penal offence has the right to be presumed innocent un/l proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence. 2. No one shall be held guilty of any penal offence on account of any act or omission which did not cons/tute a penal offence, under na/onal or interna/onal law, at the /me when it was commimed....
Universal Declaration of Human Rights (1948) Ar/cle 13 1. Everyone has the right to freedom of movement and residence within the borders of each State. 2. Everyone has the right to leave any country, including his own, and to return to his country. Ar/cle 14 1. Everyone has the right to seek and to enjoy in other countries asylum from persecu/on. 2. This right may not be invoked in the case of prosecu/ons genuinely arising from non- poli/cal crimes or from acts contrary to the purposes and principles of the United Na/ons.
Universal Declaration of Human Rights (1948) Ar/cle 18 Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, prac/ce, worship and observance. Ar/cle 19 Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart informa/on and ideas through any media and regardless of fron/ers.
Universal Declaration of Human Rights (1948) Ar/cle 20 1. Everyone has the right to freedom of peaceful assembly and associa/on. 2. No one may be compelled to belong to an associa/on. Ar/cle 21 1. Everyone has the right to take part in the government of his country, directly or through freely chosen representa/ves.... 3. The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elec/ons which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free vo/ng procedures.
Universal Declaration of Human Rights (1948) Ar/cle 22 Everyone, as a member of society, has the right to social security and is en/tled to realiza/on, through na/onal effort and interna/onal co- opera/on and in accordance with the organiza/on and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.
Universal Declaration of Human Rights (1948) Ar/cle 23 1. Everyone has the right to work, to free choice of employment, to just and favourable condi/ons of work and to protec/on against unemployment. 2. Everyone, without any discrimina/on, has the right to equal pay for equal work. 3. Everyone who works has the right to just and favourable remunera/on ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protec/on. 4. Everyone has the right to form and to join trade unions for the protec/on of his interests.
Universal Declaration of Human Rights (1948) Ar/cle 28 Everyone is en/tled to a social and interna/onal order in which the rights and freedoms set forth in this Declara/on can be fully realized.
Joseph Stalin and Harry Truman (Potsdam, 1945)
Harry Truman and Joseph Stalin
(3) Bandung Conference 1955 Zhou Enlai (China) Jawaharlal Nehru (India) Ho Chi Minh (Vietnam)
Bandung Declaration, 1955 1. Respect for fundamental human rights and for the purposes and principles of the Charter of the United Nations. 2. Respect for the sovereignty and territorial integrity of all nations. 3. Recognition of the equality of all races and... all nations large and small. 4. Abstention from intervention or interference in the internal affairs of another country. 5. Respect for the right of each nation to defend itself.
Bandung Declaration, 1955 6. (a) Abstention from the use of arrangements of collective defence to serve any particular interests of the big powers. (b) Abstention by any country from exerting pressures on others. 7. Refraining from acts or threats of aggression or the use of force against the territorial integrity or political independence of any country. 8. Settlement of all international disputes by peaceful means... 9. Promotion of mutual interests and cooperation. 10. Respect for justice and international obligations.
(4) Norms vs. Laws The UN has no power, except in the setting of norms. And that has proven to be very powerful. Joseph Stiglitz, former chief economist of World Bank laws of sovereignty norms of sovereignty
General Assembly Resolution 36/103. Declaration on the Inadmissibility of Intervention and Interference in the Internal Affairs of States Prolegomenon Motion (2 parts) Annex: Prolegomenon Solemn Declarations (6) 1. No State or group of States has the right to intervene or interfere in any form or for any reason whatsoever in the internal and external affairs of other States. 2. The principle of non-intervention and non-interference in the internal and external affairs of States comprehends the following rights and duties:
2. The principle of non-intervention and non-interference in the internal and external affairs of States comprehends the following rights and duties: (a) Sovereignty, political independence, territorial integrity, national unity and security of all States, as well as national identity and cultural heritage of their peoples; (b) The sovereign and inalienable right of a State freely to determine its own political, economic, cultural and social system, to develop its international relations and to exercise permanent sovereignty over its natural resources, in accordance with the will of its people, without outside intervention, interference, subversion, coercion or threat in any form whatsoever; (c) The right of States and peoples to have free access to information and to develop fully, without interference, their system of information and mass media and to use their information media in order to promote their political, social, economic and cultural interests and aspirations, based, inter alia, on the relevant articles of the Universal Declaration of Human Rights and the principles of the new international information order.