The Western Liberal Constitution’s Internationalized Making Sires Foreign Territorial Administration

2020 ◽  
pp. 80-98
Author(s):  
Vijayashri Sripati
Keyword(s):  
United Nations ◽  
Rule Of Law ◽  
Third World ◽  
Good Governance ◽  
Historical Context ◽  
Historical Background ◽  
Free Markets ◽  
Blue Print

This is the first and the shorter of two chapters that establishes United Nations Constitutional Assistance’s (UNCA) historical background. UNCA equates to the internationalization of the Western liberal Constitution which provides a blue print for territorial administration. This chapter, therefore, provides the historical context in which the Constitution’s conceptual ties with territorial administration were forged. It establishes that from 1700-1960, Western colonial powers imposed the Constitution to establish foreign territorial administration to achieve common ends: free markets, rule of law, good governance, and civilized practices. In this way, Colonial powers colonized Third World peoples, ostensibly acting as trustees to ‘civilize’ them. This sets the stage for tracing UNCA’s origins non-chronologically (in the next chapter) through Ralph Wilde’s Family of Foreign Territorial Administration (FTA) policy institutions, of which Colonialism is the first.

United Nations Constitutional Assistance Continues Its Civilizing Role

2020 ◽  
pp. 397-423
Author(s):  
Vijayashri Sripati
Keyword(s):  
United Nations ◽  
Natural Resources ◽  
Rule Of Law ◽  
Third World ◽  
Good Governance ◽  
Women’S Rights ◽  
Free Markets ◽  
The Rule Of Law ◽  
Resources Exploitation ◽  
Constitution Making

This book asks: Why has the UN empowered itself to offer constitutional assistance in sovereign Third World states? This Chapter, which draws from the UN’s official explanations completes the answer. It shows that since its birth in 1949, UNCA has: a) assisted colonies and/or sovereign states adopt what is central to colonial trusteeship: the Western liberal constitution; b) worked in response to perceived problems with their constitution-making process and the type of constitutional content they create; c) worked to achieve four ostensible ends: free markets, the rule of law, good governance (including natural resources exploitation), and civilized customs, and their modern equivalent: women’s rights; d) served ostensibly to civilize/ ‘modernize’ Third World peoples, in market-oriented ways, with a view to either manufacture their sovereignty, or ‘strengthen’ it. In these ways, since its birth, UNCA has acted as international trusteeship. Therefore, so does its child: UN/International Territorial Administration. This chapter concludes that UNCA has spawned a new civilized standard: participatory constitution-making.

Internationalizing the Western Liberal Constitution

2020 ◽  
pp. 99-151
Author(s):  
Vijayashri Sripati
Keyword(s):  
United Nations ◽  
Natural Resources ◽  
Rule Of Law ◽  
Good Governance ◽  
League Of Nations ◽  
Free Markets ◽  
The Rule Of Law ◽  
Child Policy ◽  
Resources Exploitation ◽  
Historical Origins

This chapter traces United Nations Constitutional Assistance’s historical origins non-chronologically through Ralph Wilde’s family of Foreign Territorial Administration (FTA) policy institutions. It reveals that the following entities internationalized the Western liberal constitution: States, groups of state groups of state representatives, and the League of Nations (including the Permanent Mandates Commission. These predecessors of the UN did so to achieve four common ends: free markets, the rule of law, good governance (including natural resources’ exploitation), and civilized standards, aimed at emancipating women. This chapter establishes that the Constitution gives rise to, and works with each of Wilde’s FTA or international territorial administration, ITA institutions toward common ends. Wilde’s Family reflects the conceptual relations that Chapter 2 established. Wilde’s Family comprises symbiotic parent-child Policy Institutions: The Constitution’s internationalized making and FTA/ITA. On this basis, this chapter argues that Wilde’s Family must be reframed to admit the former: The Parent policy institution.

United Nations Constitutional Assistance

2020 ◽  
pp. 371-396
Author(s):  
Vijayashri Sripati
Keyword(s):  
Public Policy ◽  
United Nations ◽  
Good Governance ◽  
Conflict Prevention ◽  
Free Markets ◽  
Internal Governance ◽  
Territorial State ◽  
Peace And Security ◽  
Territorial Status

This chapter draws on the purposive analysis from the previous chapter to consider how UNCA with, and without its child, UN Territorial Administration (ITA) serves to implement certain areas of international law and public policy. It considers how the Constitution and its four ends (e.g., free markets; good governance; women’s rights) fit within the UN Charter framework. The Constitution which underpins the territorial state and confers territorial status, became in 1993, the UN’s core conflict-prevention tool. Moreover, from 1993 onwards, UNCA operated without plenary ITA in sovereign states. Given this, UNCA’s role covers four areas: (1) Right to self-determination (external and internal dimensions); (2) Conflict-Prevention; and (3) achieving public policy ends (e.g., ‘saving failed states’ and achieving good internal governance); and (4) the promotion of international policy in the area of peace and security, including peacemaking, peacebuilding, and peacekeeping. This Chapter underscores the Security Council’s key role in mandating UNCA and establishes UNCA’s salience vis-à-vis ITA. It concludes that UNCA amounts to the UN’s most intrusive form of intervention.

Implementation of the Principles of Good Governance on the National Level outside the EU

2019 ◽  
pp. 209-242
Author(s):  
Henk Addink
Keyword(s):  
South Africa ◽  
Rule Of Law ◽  
Good Governance ◽  
National Level ◽  
Historical Background ◽  
Fourth Power ◽  
Review Section ◽  
Legal Norms ◽  
Equality Rights ◽  
Good Government

In this chapter, the focus is on the implementation of good governance norms in three countries outside Europe: Australia, Canada, and South Africa. Relating to the implementation of the good governance principles in Australia, we start with the historical background and good governance approaches in the country. There is a classical rule of law and separation of powers but also new administrative law reforms and including the position of the fourth power. Important is the role of the Ombudsman and the relation between good governance and human rights. Especially the principles of participation, transparency and accountability have been worked out. The idea of integrity goes beyond matters of simple ‘legality’. Important is the influx of integrity commissions, ombudsmen and means of judicial and merit review. Although Canada does not have specific legislation that explicitly outlines good governance principles, it is clear that Canada has put them into practice. The Constitution guarantees Canadian citizens ‘peace, order, and good government’. The rule of law provides that every person must abide by the law and Section 15 guarantees equality rights to Canadian citizens. The judiciary is also a source for good governance. Finally, administrative officials are held accountable by judicial review, section 24 of the Charter, and with the ombudsmen. Nevertheless, there is still room for improvement. South Africa has extensively integrated good governance principles into its legal system, but faces the same problems that other developing countries in Africa have. Thus, although South Africa has a sound legal foundation for good governance, lessons can still be learned on how to translate these legal norms into practical application.

scholarly journals Zapobieganie przestępczości i sprawiedliwość karna z perspektywy Kongresów Organizacji Narodów Zjednoczonych

2021 ◽  
Vol 43 (4) ◽  
pp. 543-572
Author(s):  
Emil W. Pływaczewski
Keyword(s):  
Criminal Justice ◽  
United Nations ◽  
Crime Prevention ◽  
International Cooperation ◽  
Rule Of Law ◽  
Good Governance ◽  
The Rule Of Law ◽  
History Of ◽  
Prevention Of Crime ◽  
High Level

For over 65 years, the United Nations has held congresses aimed at strengthening international cooperation against expanding crime. The First Congress on the Prevention of Crime and Treatment of Offenders took place in Geneva in 1955. Sixty-six years later, in 2021, this tradition continued, postponed by the Covid-19 epidemic, as the Fourteenth United Nations Congress on Crime Prevention and Criminal Justice took place in the former capital of Japan — Kyoto. The aim of the paper is to present the most important achievements of all 14 congresses, especially focusing on the development of UN standards and norms in crime prevention and criminal justice. The author also presents the history of the participation and activities of Polish participants of the Congresses (official delegates and individual experts) in the years 1960–2021. The general conclusion is that the institution of the UN Crime Congresses is a major high-level forum to steer the development of the rule of law, to promote global security and good governance, and to improve the response to crime.

The Western Liberal Constitution’s Rise post 1989

2020 ◽  
pp. 183-224
Author(s):  
Vijayashri Sripati
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
Poverty Reduction ◽  
Good Governance ◽  
Development Assistance ◽  
Free Markets ◽  
The Rule Of Law ◽  
Post Conflict ◽  
Law And Policy ◽  
Bretton Woods Institutions

This chapter analyses United Nations Constitutional Assistance’s post-1989 rise, setting the stage for Chapter 6. It traces the Constitution’s internationalization from 1950, focussing on its conceptualization after 1989, as a rule of law strategy, and from 1999 onwards, as a ‘development’ understood as a ‘market-oriented poverty reduction’ strategy. It establishes that the Constitution, so conceptualized by the UN and the Bretton Woods Institutions was promoted in two contexts: post-conflict and development assistance. It was promoted ostensibly to achieve international law and policy ends: free markets, good governance, the rule of law and women’s rights. How the UN Development Programme melds constitutional assistance with development assistance to achieve international law and policy ends, receives focal attention. This chapter concludes that the good governance story is not about the promotion of the ‘rule of law’ or ‘development.’ Rather, it is about the internationalization of the Constitution subsumed under the ‘rule of law.’

The Rule of Law and Good Governance at the United Nations during the COVID-19 Pandemic

2021 ◽  
Vol 18 (3) ◽  
pp. 397-422
Author(s):  
Christiane Ahlborn
Keyword(s):  
United Nations ◽  
Rule Of Law ◽  
Good Governance ◽  
International Court Of Justice ◽  
The Rule Of Law ◽  
Court Of Justice ◽  
International Court ◽  
The United Nations ◽  
Different Levels ◽  
Emergency Measures

Abstract This contribution discusses how the United Nations (UN) adapted to the working conditions under the COVID-19 pandemic while respecting the rule of law and good governance at different levels. The article first examines what the rule of law means in the UN context. On this basis, the article then considers the different COVID-19-related emergency measures taken by the UN with a focus on four of the UN principal organs: the Secretariat, the Security Council, the General Assembly, and the International Court of Justice. Overall, the UN has succeeded in maintaining public trust, including the trust of its member states, in responding to and recovering from the COVID-19 pandemic because it continued to respect standards of good governance and the rule of law during the pandemic. Moreover, the UN has learned important lessons that will allow it to adapt even better to future emergencies.

The ethical challenges of implementing counterterrorism measures and the role of the OSCE

2009 ◽  
Vol 20 (2) ◽  
pp. 123-132
Author(s):  
Steven Westervelt ◽  
Bibi van Ginkel
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Rule Of Law ◽  
Security Council ◽  
Good Governance ◽  
Ethical Challenges ◽  
Regional Organizations ◽  
The Rule Of Law ◽  
Moral High Ground

AbstractThe United Nations established a counterterrorism mechanism in the form of the Counterterrorism Committee when it adopted Security Council Resolution 1373 (2001). The Committee has so far worked with regional organizations and individual states in capacity building efforts to augment local counterterrorism abilities. However, ethical bottlenecks remain. The problem of ethics arises when laws lack legitimacy regarding criminality and state power and when they diverge from the rule of law and good governance. Regional organizations are keenly placed to ensure that states adopt legitimate counterterrorism measures, thus avoiding ethical bottlenecks. By working with states to maintain the moral high ground, regional organizations such as the OSCE can prevent unnecessary compromises between human rights and security.

DEKADENSI PEMILIHAN HAKIM AGUNG OLEH DPR RI

2020 ◽  
Vol 14 (1) ◽  
pp. 73-104
Author(s):  
Rustam Magun Pikahulan
Keyword(s):  
Supreme Court ◽  
Rule Of Law ◽  
House Of Representatives ◽  
Good Governance ◽  
Constitutional Court ◽  
Due Diligence ◽  
The Rule Of Law ◽  
The Supreme Court ◽  
Institutional Status ◽  
The Government

Abstract: The Plato's conception of the rule of law states that good governance is based on good law. The organization also spreads to the world of Supreme Court justices, the election caused a decadence to the institutional status of the House of Representatives as a people's representative in the government whose implementation was not in line with the decision of the Constitutional Court. Based on the decision of the Constitutional Court No.27/PUU-XI/2013 explains that the House of Representatives no longer has the authority to conduct due diligence and suitability (elect) to prospective Supreme Judges proposed by the Judicial Commission. The House of Representatives can only approve or disapprove candidates for Supreme Court Justices that have been submitted by the Judicial Commission. In addition, the proportion of proposed Supreme Court Justices from the judicial commission to the House of Representatives (DPR) has changed, whereas previously the Judicial Commission had to propose 3 (three) of each vacancy for the Justices, now it is only one of each vacant for Supreme Court Judges. by the Supreme Court. The House of Representatives no longer has the authority to conduct due diligence and suitability (elect) to prospective Supreme Judges proposed by the Judicial Commission. The House of Representatives can only "approve" or "disagree" the Supreme Judge candidates nominated by the Judicial Commission.

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