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Lecture 3 The Reform of the United Nations Tuesday 3° April 2007, 18.00-20.00

LUISS – Ph. D. in Political Theory Via Oreste Tommasini, 1, Problems of International Organization A cycle of five lectures Prof. Daniele Archibugi. Lecture 3 The Reform of the United Nations Tuesday 3° April 2007, 18.00-20.00. THE STRUCTURE OF THE UNITED NATIONS.

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Lecture 3 The Reform of the United Nations Tuesday 3° April 2007, 18.00-20.00

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  1. LUISS – Ph. D. in Political TheoryVia Oreste Tommasini, 1, Problems of International OrganizationA cycle of five lecturesProf. Daniele Archibugi Lecture 3 The Reform of the United Nations Tuesday 3° April 2007, 18.00-20.00

  2. THE STRUCTURE OF THE UNITED NATIONS • Formally equal rights of member states • One state, one vote in the General Assembly • Veto Power in the Security Council • States represented by governments‘ effectiveness and not by legitimacy • States represented by their government and not by the citizens

  3. Two hypocrites at the UN • Developing countries: complaining about the lack of democracy in the UN and often repressing their own people at home • Powerful countries: defenders of human rights and democracy in other countries but not keen to extend the same notions at the UN

  4. Does the UN need to be reformed? Alternative views • BUSH - It needs to get closer to the current distribution of power (Realist view) • ANNAN - If it is not broke don’t fix it (Pragmatic) • BOUTROS-GHALI - It needs to enforce peace and to develop the principles of democracy (Idealist view) • BAN KI-MOON – Who knows….

  5. Constitutional Reform of the UN It discusses its constitutional structure. Formal structure and not substantive policies It does not take into account other issues such as: • Financing the UN • The administration of the UN • The role played by the specialized agencies

  6. Summary of the Issues • General Assembly • Security Council • Judicial Power • Enlarge Representation to peoples and not just governments • Peace-Keeping (next week)

  7. UN General Assembly

  8. Present structure Principle «one state, one vote» Each country is represented by five members, all of them appointed by the state's government Suggested reforms Delegates must represent both government and opposition. Direct election of one or two delegates Weighted votes according to population, GDP and other criteria in order to assure that states which are more concerned on selected issues have a larger share in decision-making THE UN GENERAL ASSEMBLY

  9. THE UN SECURITY COUNCIL

  10. THE UN SECURITY COUNCIL • Debate about the enlargement: Japan, Germany, and therefore India, Brazil, Nigeria want to join as permanent members • Claim based on: Fees paid to the UN, Population, Geographical Representation • AN ALTERNATIVE VIEW: • Rotating membership, EU membership, enlargement to cover other countries

  11. The Role of Italian Diplomacy

  12. Present structure 5 permanent members with power of veto and 10 members elected by the General Assembly Suggested reforms Enforcement of the Charter onnon application of veto on procedural issues  Enforcement of the Charter on abstention of involved parties  Limitation and, in the future, abolition of the power of veto  Opening to regional organizations such as the European Union Consultative vote to representatives of civil society THE UN SECURITY COUNCIL

  13. Legal Pacifism • Act through the legal instruments (international law and the judicial power) • Long stream of legal pacifism • Hans Kelsen’s proposals • The trial of Nuremberg • Individual and state responsibility • International rule of law or global democracy? • Can law be effective without power?

  14. INTERNATIONAL COURT OF JUSTICE

  15. Present competences Optional acceptance of jurisdiction by states Suggested reforms Compulsory jurisdiction as consequence of UNO membership  Jurisdiction decided by the Court and not on states' demand  Sanctions and exclusion from UN activities for governments which do not enforce the Court's sentences THE INTERNATINAL COURT OF JUSTICE

  16. INTERNATIONAL CRIMINAL COURT

  17. INTERNATIONAL CRIMINAL COURT • Difficulty in implementation • Many states are not yet members • Some members (such as the USA) are asking for immunity • Will it be the justice of the stronger over the weaker?

  18. Four possible ways to trial Saddam Hussein • US Military Tribunal (as in Nuremberg) • Ad Hoc Tribunal (as in the Ex-Yugoslavia) • Use the International Criminal Court • An Iraqi Tribunal

  19. Present structure Occasional gatherings devoted to specific issues Recognition of selected NGOs Suggested reforms Assembly of national members of parliaments Permanent Forum of NGOs Elected parliamentary assembly with consultative powers THE ROLE OF CIVIL SOCIETY

  20. Can peoples without states solve all problems of the world?

  21. A World Parliament?: Criterion of representation “one person, one vote”Number of MPs not necessarily proportional to the votersWhat functions?

  22. UN PEACEKEEPING next week……

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