INTERNATIONAL ORGANIZATION AND GLOBAL GOVERNANCE Dersi The United Nations and Global Governance soru detayı:

PAYLAŞ:

SORU:

How does the promoting international law and justice function of the UN with regard to global governance work?


CEVAP:

First, the work of the General Assembly is of great importance to the development of international law. Article 13 of the Charter mandates the General Assembly to initiate studies and make recommendations in order to encourage the development of international law and its codification. 

The General Assembly serves as a forum where member states negotiate and adopt multilateral conventions. Thus, its resolutions have gradually paved the way for the creation of new international treaties, agreements, and norms, and for enhancing the development of international law, including international humanitarian and human rights law. The legal work of the UN addresses a wide range of issues including environmental protection, drug trafficking, nuclear proliferation, migration, and terrorism (UN-C). 

Second, as the judicial arm of the UN, the work of the ICJ also contributes to global governance in several ways. The court provides states with an opportunity to settle their disputes through judicial means. For instance, the ICJ has been successful in solving some territorial issues such as the delimitation of the North Sea continental shelf, fisheries in the Gulf of Maine, and the maritime boundary between Cameroon and Nigeria. Moreover, since the ICJ Status mentions judicial decisions of the court among the secondary sources of international law, its advisory opinions and decisions are important for developing international law (Karns, Mingst, and Stiles, 2015:142).

Third, the UN has a leading role in the promotion of the rule of law and justice in post-conflict situations. In this regard, the UN has greatly encouraged the emergence of transitional justice, which includes both judicial and nonjudicial measures in addressing gross and systemic human rights violations after a period of oppression or armed conflict.

More importantly, the UN has a crucial operational function in supporting transitional justice mechanisms. First, in order to combat impunity and to ensure accountability for mass atrocities, the UN contributed to the promotion of international criminal justice by creating ad hoc and hybrid tribunals.