Chapter 14 Option 5: World order

1. Chapter 14Option 5: World order

2. In this chapter, you will study the nature and concepts of world order. You will also look at the various responses to world order issues, and consider some contemporary issues in world order, including the principle of ‘responsibility to protect’, the nuclear threat, global cooperation efforts and international humanitarian law.

3. The nature of world order • ‘World order’ refers to the activities and relationships between the world’s states and other significant non-state global actors, that occur within a legal, political and economic framework.

4. An ordered world is needed if states are to cope with globalisation and counter global threats such as nuclear war, climate change and economic meltdown. The nature of world order

5. The nature of world order • The need for world order has never been greater, due to the high level of interdependence that has resulted from globalisation. • The current world order is founded upon two principles that on their face seem contradictory: state sovereignty and multilateralism.

6. The nature of world order • Multilateral approaches are far more effective than unilateral action in dealing with the common problems that face the international community. • In 1919, at the end of World War I, the League of Nations was established to prevent war, based on the principle of collective security. However, the League was ultimately unsuccessful and failed to prevent the outbreak of World War II.

7. At the end of World War II, the victorious Allied Powers, including this time the US, established a new organisation to promote global peace and security. The United Nations Charter was signed in San Francisco by 50 nations on 26 June 1945, and on 24 October 1945 the UN became a legal entity. The nature of world order

8. The nature of world order • Throughout human history, conflict has been a destabilising factor and a constant threat to world order. • Interstate conflict can take different forms, such as conventional war, nuclear war, cyber-warfare or cold war.

9. Intrastate conflict can include civil war, guerrilla war, wars waged by governments against their own citizens, terrorism or communal killings. Competition over access to resources such as fossil fuels and water are likely to become an even more serious source of conflict. The nature of world order

10. The nature of world order • The creation of the United Nations was a massive multilateral commitment to a global environment characterised by the rule of law.

11. In its history the United Nations has achieved the following aims: promoted the idea that everyone has human rights regardless of where they live led numerous peacekeeping operations served as the hub of a massive body of international law enabled dialogue to continue between hostile states kept all nation-states as members, even those that have been at odds with the international community acted as a court of world opinion on issues of great importance. The nature of world order

12. The nature of world order • The UN also provides leadership in dealing with issues that affect global order in the following ways: • commissioning research and reports • convening conferences • initiating new treaties • promoting arms control • promoting human rights • carrying out peacekeeping operations • providing humanitarian and development assistance.

13. The nature of world order • Treaties and customary law are the main sources of international law. There are two types of treaty: • bilateral treaties between two states • multilateral treaties between a number of states. • Since 1945 all states have been obliged to lodge their treaties with the United Nations.

14. The nature of world order • A growing number of international courts exist to enforce international treaties and conventions. • These include: • the International Court of Justice • the International Criminal Court • the International Tribunal for the Law of the Sea • ad hoc tribunals set up to hear matters arising from armed conflicts.

15. The nature of world order • Regional intergovernmental organisations (IGOs) are increasingly making a significant contribution to world order, such as the: • African Union (AU) • European Union (EU) • the Council of Europe • the Commonwealth • the Organisation of American States (OAS) • ASEAN.

16. Non-government organisations (NGOs) also play a crucial role in world order, and there are some 25 000 NGOs today that campaign globally for humanitarian ideals. The nature of world order

17. The nature of world order • Under section 51(xxix) of the Australian Constitution, the federal parliament has the power to make laws relating to ‘external affairs’, that is, matters of international concern. • Since federation in 1901, Australia has taken its global responsibilities seriously. • Australia has been an enthusiastic contributor to the United Nations in the areas of regulation of nuclear weapons, peacekeeping and humanitarian assistance.

18. The nature of world order • Some non-legal mechanisms for dispute resolution concerning world order include: • NGOs • the media • political negotiation • persuasion • force • multilateral action.

19. Contemporary issues concerning world order

20. Issue 1: The principle of ‘responsibility to protect’ • ‘Responsibility to Protect’, or R2P, is a new international security and human rights principle. • It aims to address failures by the international community to prevent serious human rights abuses and atrocities like genocide and war crimes. • Adoption of this new doctrine represented an international commitment by states to prevent and react to grave crises, wherever they may occur.

21. Issue 1: Responsibility to protect • R2P places the onus on states and international organisations to protect populations from mass atrocities. • For states, it requires them to protect their own citizens and to help other states to build their capacity to do so.

22. For international organisations, including the UN, it imposes a responsibility to warn, to generate effective prevention strategies, and when necessary mobilise military action. For NGOs and individuals, R2P means the responsibility to draw policy-makers’ attention to what needs to be done, by whom and when. Issue 1: Responsibility to protect

23. Issue 1: Responsibility to protect • Work still needs to be done in making R2P a useful mechanism for improving the international community’s response to crisis situations. • Priorities include: • focus on prevention • clarifying the limits of military action • emphasis on building the capacity of regional organisations • political will by the world’s leaders.

24. Issue 2: The nuclear threat • The greatest threat to global peace and security is the presence of nuclear weapons. • The international community was lucky to survive the Cold War and other international tensions and conflict without a nuclear war between world powers. • There have been a number of bilateral nuclear weapons treaties and a few multilateral treaties to deal with the threat of nuclear war.

25. Issue 2: The nuclear threat • Bilateral and multilateral treaties have been the primary tool of the international community in reducing the threat of nuclear weapons. • The Nuclear Non-Proliferation Treaty (NPT) came into force in 1970. It requires countries without nuclear weapons not to develop them, and requires states that do openly possess them to gradually reduce the number they hold.

26. However, some states have since developed new nuclear weapons despite world efforts (e.g. India, Pakistan or apparently Israel), and some states are accused of continuing to pursue a nuclear development program (e.g. North Korea or Iran). Issue 2: The nuclear threat

27. Issue 2: The nuclear threat • The world depends on the leaders of states with nuclear weapons to: • set an example to the rest of the world by dramatically cutting their own nuclear arsenals • take coordinated action against rogue countries • commit to no weapons in space • strengthen the control and security of nuclear weapons • make deep cuts in nuclear arms • ban all weapons of mass destruction.

28. Issue 3: The success of global cooperation in achieving world order • The UN intervention in East Timor since 1999 is considered a successful example of global cooperation in achieving the resolution of world order issues. • It involved the illegal invasion of East Timor by Indonesia in 1975, atrocities committed during the 25-year occupation, and violence committed by pro-Indonesian militias in 1999.

29. The UN not only guided East Timor to independence in 2002, but has continued nation-building in the years since. It has been a success story for global cooperation to resolve world order issues. Issue 3: The success of global cooperation in achieving world order

30. Issue 3: Global cooperation • The main legal responses to the issue included: • UN Security Council Resolution 1246 (the Ballot to Decide on Special Autonomy for East Timor), establishing the UN Mission in East Timor (UNAMET) • the referendum of August 1999, despite a violent reaction by the Indonesian militia • UN Security Council Resolution 1264, authorising formation of INTERFET (International Force for East Timor), which was to be a UN peacekeeping force under Australian command • the UN Transitional Administration in East Timor (UNTAET).

31. Issue 3: Global cooperation • Important non-legal responses included: • the media • diplomatic pressure • NGO expertise • UN work in nation-building • Australian aid.

32. Issue 3: Global cooperation • The UN intervention in East Timor from 1999 to the present has been a success, but this success has only been possible with the cooperation and support of the international community. • The success has been based on cooperation in the following areas: • UN Security Council working together • diplomatic pressure by Australia, the US and the UN • media coverage of the violence in East Timor • Australian willingness and capability with respect to military forces • UN commitment to continued nation-building • Australian commitment to long-term assistance.

33. Issue 4: International humanitarian law • International humanitarian law (IHL) refers to the body of treaties and humanitarian principles that regulate the conduct of armed conflict and seek to limit its effects. • Today we take the rules regarding the conduct of hostilities for granted. Warfare is still horrific and some soldiers commit atrocities in war, but all sides are aware that there are standards and laws that apply in the conduct of a war.

34. These rules have their roots in the first Geneva Convention of 1864, established in an international conference in Geneva, Switzerland and containing ten articles on the treatment of wounded or captured soldiers during war. Issue 4: International humanitarian law

35. Issue 4: International humanitarian law • The primary instruments governing international humanitarian law are the four Geneva Conventions and the additional protocols. • The establishment of the International Criminal Court in 2002 has added to the enforceability of international humanitarian standards against individuals and has helped create a deterrent and a means of redress.

36. The International Committee of the Red Cross (ICRC) also plays a crucial role in the education, monitoring and enforcement of international humanitarian laws and standards in conflicts around the world. Issue 4: International humanitarian law

37. Issue 4: International humanitarian law • The rules regarding the conduct of hostilities have evolved into a sophisticated branch of public international law. • International humanitarian law plays an important role in the maintenance of the international rule of law, which in turn helps to promote world order.