Remnants of Empire

Author(s):  
Michael J. Parsons

In the 1960s, as large swathes of the British Empire had either achieved independence or were on the verge of doing so, the UK government commissioned a survey of the smaller territories and attempted to find ways of decolonizing them. It was keen to avoid criticism from the international community, particularly the United Nations Organization. However, Britain’s withdrawal from empire is still not complete, and a number of islands and the Gibraltar peninsula still remain linked with Britain with a degree of internal self-government that falls short of UN decolonization standards. This chapter explores the current British overseas territories and briefly compares them with examples from those administered by other comparable former maritime empires.

2019 ◽  
Vol 8 (1) ◽  
pp. 157-190 ◽  
Author(s):  
HAKEEM O YUSUF ◽  
TANZIL CHOWDHURY

Abstract:This article argues that despite the UK Government’s exaltations of self-determination of its Overseas Territories, provisions of colonial governance persist in their constitutions. Further, it posits that such illustrations begin to answer the broader question of whether British Overseas Territories (BOTs) are modern day colonies. Such claims are not without merit given that 10 out of the 14 BOTS are still considered Non-Self-Governing Territories by the United Nations and have remained the target of decolonisation efforts. Drawing insights from post-colonial legal theory, this article develops the idea of the persistence of colonial constitutionalism to interrogate whether structural continuities exist in the governance of the UK’s British Overseas Territories. The analysis begins to unravel the fraught tensions between constitutional provisions that advance greater self-determination and constitutional provisions that maintain the persistence of colonial governance. Ultimately, the post-colonial approach foregrounds a thoroughgoing analysis on whether BOTs are colonies and how such an exegesis would require particular nuance that is largely missing in current institutional and non-institutional articulations of, as well as representations on, the issue.


1967 ◽  
Vol 8 (2) ◽  
pp. 226-239 ◽  
Author(s):  
W. J. Hudson

Relations between Australia and Indonesia became strained within months of Indonesia's attainment of independence, deteriorating as conflict developed first on the question of West Irian and then as a result of Indonesia's hostility towards Malaysia. For many years, it seemed ironical that Australia should have played a major part in the emergence of a neighbour whose external policies and internal trends endangered rather than safeguarded Australian interests. But there is more involved here than historical irony in the context of Australian-Indonesian relations. Sufficient time has now elapsed for Australian policy on the Indonesian independence question to be seen in the wider context of the whole postwar phenomenon of decolonisation. For it is not merely of interest that Australia should have assisted neighbouring Asian rebels against a European colonial Power (remembering that Australia herself was, and is, a European colonial Power) and should then have been embarrassed by the activities of the rebels coming to office. It is of greater interest that, of the immense number of colonial issues anxiously engaging the attention of international society in the 1940s and 1950s, the years which saw the virtual demise of western colonialism, this was the one issue on which Australia took up the rebel cause. Throughout this period and irrespective of the complexion of the parties in power in Canberra, Australia persistently jeopardised her regional objective of friendly relations with anti-colonial Asia by opposing strongly and, at times, bitterly the anti-colonial cause in the United Nations. If nothing else, the United Nations has provided a forum in which each year Australia and other members have been forced to declare themselves on colonial questions. And, until the 1960s when Australia switched policy, Australia fought against all the anti-colonial Powers' largely successful attempts to have developed a system of international control over colonies under the authority of Chapter XI (“Declaration Regarding Non-Self-Governing Territories”) of the United Nations charter, to tighten the trusteeship system of supervision erected under Chapters XII and XIII of the charter, and to involve the United Nations in particular disputes so as to meet alleged threats to peace — all of them being attempts, however indirectly, to hasten the attainment of independence by dependent territories. Thus, Australia supported South Africa on South-West Africa, the Netherlands on West New Guinea, the British on Southern Rhodesia and Oman, the Portuguese on their African territories, the French on Morocco, Tunisia and Algeria. But Australia opposed the Netherlands on the Indonesian question.


ICL Journal ◽  
2017 ◽  
Vol 11 (2) ◽  
Author(s):  
Otto Spijkers

AbstractA constitution defines the values of a particular community, and establishes institutions to realize these values. In defence of the argument that the United Nations Charter is the world’s constitution, I will try to show that it contains the shared values and norms of the international community, and that the UN’s organs are tasked with the promotion and protection of the shared values and norms as defined in the UN Charter. The focus is on the values of human dignity and peace and security.


Polar Record ◽  
2004 ◽  
Vol 40 (3) ◽  
pp. 205-212 ◽  
Author(s):  
Peter J. Beck

The United Nations (UN) has now been involved with the ‘Question of Antarctica’ for 20 years. Divisions within the international community about the most appropriate form of management for Antarctica, which was presented to the UN as a region of global importance, have never completely disappeared, even if the restoration of a consensus approach during the mid-1990s was based upon a broader appreciation of the merits of the Antarctic Treaty System. Both Antarctic Treaty Consultative Parties and non-Consultative Parties, pointing to the regime's enduring intrinsic qualities, have adopted an unyielding attitude towards Treaty outsiders advocating a more democratic, accountable, and transparent regime. Even so, the critical lobby, led by Dr Mahathir's Malaysian government, has never gone away. Initially, the ‘Question of Antarctica’ was discussed at the UN on an annual basis, but since 1996 it has been placed on a triennial reference. Following the most recent session in late 2002, the topic is scheduled to be placed on the UN's agenda again in 2005. This article reviews critically the key themes characterising the UN's involvement in the ‘Question of Antarctica’ since 1983, while using successive Polar Record articles on individual UN sessions to provide a framework of reference and an informed basis for further research on the topic.


1969 ◽  
Vol 7 (3) ◽  
pp. 369-406 ◽  
Author(s):  
Jitendra Mohan

The recurrent crisis in the (ex-Belgian) Congo, which first exploded soon after the country's independence on 30 June 1960, was the main event in the history both of the United Nations (U.N.) and of Africa during the 1960s. Its first phase (with which this paper largely deals) opened with the mutiny of the Force publique on 5 July, the intervention of Belgian troops on 10 July, and the proclamation of Katanga's independence on 11 July; it came to an end with the suppression of Katanga's secession, tentatively in December 1961 and conclusively in January 1963. The Opération des Nations Unies au Congo (O.N.U.C.) was authorised by the Security Council on 14 July, on the independent initiative of the U.N. Secretary-General, Dag Hammarskjold, and in response to the Congo Government's appeals to the U.N. for technical and military assistance. The operation was the biggest and costliest by far in the life of the U.N.; 1 and its course was marked by political as well as financial ruin, from which the U.N. has never quite recovered. Evidence for this was furnished early. By the time the operation formally came to an end on 30 June 1964, the Congo was already in the thick of the second phase of the crisis; this phase, which began with the outbreak of rebellion in Kwilu in January 1964, was brought to an end of sorts by the Belgian-American military intervention in Stanleyville in November 1964, which produced few signs of activity by the U.N.


Author(s):  
Anne Herzberg

Abstract The International Criminal Court (icc) is an independent treaty-based international organisation acting in close cooperation with the United Nations (UN). To that end, organs of the Court have extensively relied on UN documentation in proceedings. These materials have been used to support grounds for the exercise of jurisdiction, demonstrate legal elements of crimes, and prove matters of fact. In recent practice, including in the situations of Palestine, Bangladesh/Myanmar, and Mali, UN materials have been used to establish legal and factual matters on the primary basis that they represent the ‘views of the international community’. This paper examines the ways in which Court organs rely on UN documentation in icc proceedings. It assesses the interplay of such information with rights of the accused. The paper concludes that in order to safeguard its credibility and the fairness of the proceedings, the Court should adopt specific guidelines relating to the evaluation of and admissibility of UN materials.


Author(s):  
Steven Wheatley

Chapter 3 tells the story of human rights in the United Nations. The work shows how we can understand the UN as a complex system of regulatory authority, which evolves with changes in the behaviours of the Member States and United Nations bodies as they respond to new information. The analysis demonstrates that, up until the 1960s, human rights provided a set of moral guidelines only, informing states how they should treat those subject to their jurisdiction and control. That was until the newly independent African countries joined the Organization and turned their attention to the problem of systematic racial discrimination in southern Africa, especially after the 1960 Sharpeville Massacre, when UN action against South Africa and South West Africa (Namibia) transformed the non-binding moral code contained in the Universal Declaration of Human Rights into a body of international human rights law, with the development explained by the importance of subsequent agreements and practices in the evolution of the regulatory authority of the United Nations.


2019 ◽  
Vol 9 (1) ◽  
pp. 19-30 ◽  
Author(s):  
A. Walter Dorn ◽  
Stewart Webb

Cybersecurity is coming to the forefront of the concerns of nations, organizations and individuals. Government agencies, banking systems and businesses have been crippled by criminal and malicious cyberattacks. There are many examples of cyberattacks in regions of tensions and armed conflict. There are no impartial international means to investigate the claims and counter-claims about cyberattacks. The international community more broadly lacks a way to deal with cyberattacks in a concerted manner. A new approach and capability should be considered for certain circumstances: cyberpeacekeeping. Peacekeeping has proven effective in physical space, and many of the same principles and methods could also be applied in cyberspace, with some adjustments. It could help prevent global attacks, and if an attack were to be successful, it could assist with recovery and conduct impartial investigations to uncover the perpetrators. The possibilities of a cyberpeacekeeping team at the United Nations to make cyberspace more secure are well worth exploring.


Sign in / Sign up

Export Citation Format

Share Document