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The United Nations of the Future. What role for international law? Professor Nico Schrijver Grotius Centre for International Legal Studies, Leiden University.

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Presentation on theme: "The United Nations of the Future. What role for international law? Professor Nico Schrijver Grotius Centre for International Legal Studies, Leiden University."— Presentation transcript:

1 The United Nations of the Future. What role for international law? Professor Nico Schrijver Grotius Centre for International Legal Studies, Leiden University

2 The international architecture for global peace and global justice in the 21 st century. Wednesday 1 July 2015

3 Major substantive changes From negative to positive peace From military towards comprehensive security From Cold War human rights rhetoric towards universality and indivisibility From external to internal self- determination and good governance From economic towards sustainable development

4 UN Charter as a special treaty Its purposes and principles General public interests Widespread ratification Conciseness Long history Primacy Special legal status

5 Diversity of sources of ‘UN law’ Charter Normative ‘soft law’ on human rights, self-determination, peace and security, development and environment ‘Hard law’, including treaty law and peremptory norms

6 Current problems in global governance (I) Poor organisation of consultation and decision- making on international affairs Representativeness and effectiveness Weak transparency, legitimacy and accountability Role of civil society Role of business sector

7 Current problems in global governance (II) Fragmented rather than comprehensive approaches No coherence Significant gaps, e.g. environment Risk of ad hoc groups such as G-7/8 or G-20 taking over part of mandate UN

8 UN under attack Security Council – representative? General Assembly – “we the peoples”? ECOSOC – merely sleeping beauty Trusteeship Council – empty shell International Court of Justice – world court? Secretary-General – secretary or general?

9 Security Council reform (I) Composition Functioning Transparent? Implied powers or mission creep? Acting ultra vires? Primus inter pares? Relationship with regional organisations Relationship with the GA and ICJ

10 Review of recent reform proposals (I)

11 Review of recent reform proposals (II)

12 (Inter-)Regional Organisations on the Security Council? European Union African Union ASEAN plus Organisation of American States Organisation of Islamic Conference

13 Alternative Idea for Composition Security Council China, France, Russia, UK, USA (P-5) India Japan Brazil South Africa European Union African Union ASEAN plus Organisation of American States Organisation of Islamic Conference One elected member from each region (4) Total 18

14 Post-UN era? Who is the ultimate guardian of general public interests? Civil society and corporate sector World peoples’ assembly Regional organizations on the Security Council –EU, AU, OAS, ASEAN Stand-by police force and UN army New World Environment Organization Towards a World Court on Human Rights Improving compulsory jurisdiction International Court of Justice


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