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International Law

Antonio Guterres replaces Ban Ki-moon as UN Chief, says peace is his top priority

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[yt_dropcap type=”square” font=”” size=”14″ color=”#000″ background=”#fff” ] T [/yt_dropcap] he UN General Assembly on December 08 formally appointed former prime minister of Portugal Antonio Guterres as the new secretary-general of the United Nations, replacing Ban Ki-moon. Guterres won unanimous support from the UN Security Council during a vote last week that capped the most transparent campaign ever held at the UN for the top post. The Security Council is deadlocked over Syria after two draft resolutions were defeated in separate votes over the weekend, one of which was vetoed by Damascus ally Russia.

The 193 member states adopted by acclamation a resolution appointing the former prime minister of Portugal for a five-year term beginning 1 January. The 67-year-old polyglot campaigned on a pledge to promote human rights and enact reforms within the UN system, seen as clunky and too slow to respond to unfolding disasters. His appointment comes at a time of global anxiety over the ongoing war in Syria, the refugee crisis and raging conflicts in South Sudan and Yemen.

It was Guterres’ strong performance answering questions before the General Assembly, and his executive experience as prime minister and as the UN High Commissioner for Refugees from 2005-2015 that propelled him to first place among the 13 candidates vying for the job in the informal polls in the Security Council. After last week’s sixth poll, the council nominated him by acclamation.

General Assembly President Peter Thompson introduced the resolution to elect Gutteres, said members wanted it adopted by acclamation, and banged his gavel in approval as diplomats broke into applause. Guterres “embodies the highest standards of competence, integrity and leadership,” Thompson said.

An engineer by training and practicing Catholic, Guterres fought for migrants’ rights over a decade as UN High Commissioner for Refugees from June 2005 to December 2015. He served as prime minister of Portugal from 1995 to 2002, anchoring his country to the European Union and working to raise living standards.

Guterres said he will do his best before taking the reins of the UN from Ban Ki-moon on 1 January to prepare “to act as a convener, an honest broker, someone trying to bring people together” in conflicts and crises from Syria and Yemen to South Sudan. “It’s high time to fight for peace,” he said, and make people understand that whatever divisions exist it’s more important to unite and end the suffering because of the risks for countries in conflict and the international community. He told the 193 members of the UN General Assembly who elected him by acclamation that the United Nations has “the moral duty and the universal right” to ensure peace — and he will be promoting a new “diplomacy for peace” advocating dialogue to settle disputes.

Secretary-General Ban, recalling Guterres’ decade as the UN’s refugee chief, told the assembly that he is “best known where it counts most, on the front lines of armed conflict and humanitarian suffering.” Ban noted that Guterres’ election was 10 years to the day after his own election in 2006, calling the ceremony “poignant for me.” But he told Guterres: “the people of the world are all looking forward to your tenure with confidence and excitement.” Ambassador Samantha Power, speaking on behalf of the United States as the host country of the United Nations, called Gutteres “supremely qualified,” saying he will use the office to be “an independent force to prevent conflict and alleviate human suffering.”She said the world’s nations are challenging the United Nations and the secretary-general to do more than they have ever done before.

For the UN to succeed, Power said, nation are asking Guterres to serve as a peacemaker, a reformer to streamline the UN bureaucracy, and an advocate rallying the world “to respond to humanitarian and man-made catastrophes, and defending the human rights of all people.” Power stressed the importance of UN unity in selecting Guterres, especially in the often divided Security Council — a view echoed by Guterres who expressed hope that this unity can be channeled to take decisions to bring peace. He said that in a world which is more and more multi-ethnic, multi-cultural and multi-religious, “diversity can bring us together not drive us apart.” But Guterres said: “We must make sure that we are able to break this alliance between all those terrorist groups, or violent extremists on one side, and the expressions of populism and xenophobia on the other side. These two reinforce each other, and we must be able to fight both of them with determination.”

The first former head of government at the UN helm, Guterres takes over officially from Ban Ki-moon on 1 January amid bloodshed in Syria and uncertainty following the election of Donald Trump. “The organization is the cornerstone of multilateralism, and has contributed to decades of relative peace, but the challenges are now surpassing our ability to respond,” Guterres told the General Assembly. “UN must be ready to change,” he added.

The 67-year-old socialist politician said the United Nations must “recognize its shortcomings and reform the way it works” and singled out the failure to prevent crisis as the most serious failure. Guterres, who will become the ninth UN chief in the world body’s 71-year history, said he is not only fully aware of the challenges the United Nations faces but the limitations surrounding the secretary-general. “The dramatic problems of today’s complex world can only inspire a humble approach, one in which the secretary-general alone neither has all the answers nor seeks to impose his views, one in which the secretary-general makes his good offices available to help find solutions that benefit everyone involved.”

Incoming UN Secretary-General Antonio Guterres vowed to improve the world body’s ability to respond to global crises after taking the oath of office.

The socialist politician, who also served as UN refugee chief for a decade, Guterres is expected to play a more prominent role as the world’s diplomat-in-chief than Ban, the South Korean former foreign minister who will step down after two five-year terms.

Today, UN, controlled by US led notorious UNSC, has been reduced to a forum for military deals and no peace deal is signed. Citizens worldwide are losing confidence in their governments and in global institutions, he said, adding that it was “time to reconstruct relations” between leaders and their people. USA shamelessly uses it veto only to shield the fascist Israel from punishment for its criminal operations in Palestine, killing people, including children.

True, UN is supposed to protect and promote world peace but it has not been able to bring peace o to the world as it refuses or unable to sole the regional tensions. Had it sought world peace sincerely, UN would have brokered peace honestly between Israel and Palestine and helped Palestinians establish their own Palestine state with full sovereignty necessary to defend its freedoms. But USA took the initiative only to defend the Zionist fascism in Palestine. This led to repeatedly failed talks.

The former Portuguese prime minister and UN refugee chief Antonio Guterres pledged to make the pursuit of peace in a conflict-torn world his “over-arching priority” after being elected the next secretary-general of the United Nations. Guterres laid out three priorities for change during his five-year term: work for peace, supporting sustainable development and internal reforms.

Since Antonio Guterres who replaced Ban Ki-moon as UN Chief, says peace is his top priority, humanity in general and Kashmiris and Palestinians in particular can hope to be soverign states soon with a new president taking office soon in USA.

UN and USA must insist the Sri Lankan government and its president Sirisena to let the UN in vestige war crimes of the previous Rajapksha regime so that Tamils, the target the military for years, get proper justice. In fact, what the Rajapaksha regime attempted in Tamil localities is Tamilian holocaust by fast track genocides of Tamils so that they never ask for any rights in the Island nation, already facing extinction due to   dangerous climate change.

Regional peace in South Asia is impossible without justice for the Tamil community and Kashmiris.  

Hopefully with a new leader at the helm of UN affairs and a new president in USA, all tensions in regions would find credible solutions, especially Mideast and South Asia with the emergence of Palestine and Kashmir as independent nations.

Let us all hope for the best. Let us positively look or a new world of peace and prosperity.

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International Law

Carl Schmitt for the XXI Century

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For decades, the scholars of international relations have confused the term “New World order” in the social, political, or economic spheres. Even today, few scholars confuse the term with the information age, internet, universalism, globalization, and  American imperialism. Unlike the complex categorization of the New World Order, the concept of the Old World Order was purely a juridical phenomenon. However, from standpoint of modernity, the term New World order is a purely ideological and political phenomenon, which embodies various displays such as liberal democracy, financial capitalism, and technological imperialism.

In his Magnus Opus “The concept of the Political”, Carl Schmitt lauded a harsh criticism on liberal ideology and favored competitive decisionism over it. This is why according to Schmitt’s critics; the whole text in “The concept of the political” is filled with authoritarian overtones. Nonetheless, the fact cannot be denied that it was the radical political philosophy of Carl Schmitt that paved the way for the conservative revolution in Europe. Even today, his writings are being regarded as one of the major contributions to the field of political philosophy from the 20th century.

Throughout his major works such as “Nomos of the earth”, “the Crisis of Parliamentary democracy”, “The concept of the Political” and “Dictatorship”, Carl Schmitt frequently employs unadorned terms such as ‘actual’, ‘concrete’, ‘real’, and ‘specific’ to apprize his political ideas. However, he advances most of the core political ideas by using the metaphysical framework. For instance, in the broader political domain, Carl Schmitt anticipated the existential dimension of the ‘actual politics’ in the world today.

On the contrary, in his famous work “The Concept of the Political” readers most encounter the interplay between the abstract and ideal and, the concrete and real aspects of politics. Perhaps, understanding of Schmitt’s discursive distinctions is necessary when it comes to the deconstruction of the liberal promoted intellectual discourse. However, the point should be kept in mind that for Schmitt the concept of the political does not necessarily refer to any concrete subject matter such as “state” or “sovereignty”. In this respect, his concept of the political simply refers to the friend-enemy dialectics or distinction. To be more precise, the categorization of the term “Political” defines the degree of intensity of an association and dissociation.

In addition, the famous friend-enemy dialectics is also the central theme of his famous book “The Concept of the Political”. Likewise, the famous friend-enemy distinction in Schmitt’s famous work has both concrete and existential meaning. Here, the word “enemy” refers to the fight against ‘human totality”, which depends upon the circumstances. In this respect, throughout his work, one of the major focuses of Carl Schmitt was on the subject of  “real Politics”. According to Schmitt, friend, enemy, and battle have real meaning. This is why, throughout his several works; Carl Schmitt remained much concerned with the theory of state and sovereignty. As Schmitt writes;

I do not say the general theory of the state; for the category, the general theory of the state…is a typical concern of the liberal nineteenth century. This category arises from the normative effort to dissolve the concrete state and the concrete Volk in generalities (general education, general theory of the law, and finally general theory of the knowledge; and in this way to destroy their political order”.[1]

As a matter of the fact, for Schmitt, the real politics ends up in battle, as he says, “The normal proves nothing, but the exception proves everything”. Here, Schmitt uses the concept of “exceptionality” to overcome the pragmatism of Liberalism. Although, in his later writings, Carl Schmitt attempted to dissociate the concept of “Political” from the controlling and the limiting spheres but he deliberately failed. One of the major reasons behind Schmitt’s isolation of the concept of the political is that he wanted to limit the categorization of friend-enemy distinction. Another major purpose of Schmitt was to purify the concept of the “Political” was by dissociating it from the subject-object duality. According to Schmitt, the concept of the political was not a subject matter and has no limit at all. Perhaps, this is why Schmitt advocated looking beyond the ordinary conception and definition of politics in textbooks.

For Schmitt, it was Liberalism, which introduced the absolutist conception of politics by destroying its actual meaning. In this respect, he developed his very idea of the “Political” against the backdrop of the “human totality” (Gesamtheit Von Menschen). Today’s Europe should remember the bloody revolutionary year of 1848 because the so-called economic prosperity, technological progress, and the self-assured positivism of the last century have come together to produce long and deep amnesia. Nonetheless, the fact cannot be denied that the revolutionary events of1848 had brought deep anxiety and fear for the ordinary Europeans. For instance, the famous sentence from the year 1848 reads;

For this reason, fear grabs hold of the genius at a different time than it does normal people. the latter recognizes the danger at the time of danger; up to that, they are not secure, and if the danger has passed, then they are secure. The genius is the strongest precisely at the time of danger”.

Unfortunately, it was the intellectual predicament at the European stage in the year 1848 that caused revolutionary anxiety and distress among ordinary Europeans. Today, ordinary Europeans face similar situations in the social, political, and ideological spheres. The growing anxieties of the European public consciousness cannot be grasped without taking into account Carl Schmitt’s critique of liberal democracy. A century and a half ago, by embracing liberal democracy under the auspices of free-market capitalism, the Europeans played a pivotal role in the self-destruction of the European spirit.

The vicious technological drive under liberal capitalism led the European civilization towards crony centralism, industrialism, mechanization, and above all singularity. Today, neoliberal capitalism has transformed the world into a consumer-hyped mechanized factory in which humanity appears as the by-product of its own artificial creation. The unstructured mechanization of humanity in the last century has brought human civilization to technological crossroads. Hence, the technological drive under liberal democratic capitalism is presenting a huge threat to human civilizational identity.


[1] Wolin, Richard, Carl Schmitt, Political Existentialism, and the Total State, Theory and Society, volume no. 19, no. 4, 1990 (pp. 389-416). Schmitt deemed the friend-enemy dialectics as the cornerstone of his critique on liberalism and universalism.

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International Law

Democratic Backsliding: A Framework for Understanding and Combatting it

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Democracy is suffering setbacks around the world. Over the past decade, the number of liberal democracies has shrunk from 41 to 32. Today, 34 percent of the global population lives in 25 countries moving in the direction of autocracy. By contrast, only 16 countries are undergoing a process of democratization, representing just 4 percent of the global population. Reflecting these troubling trends, USAID Administrator Samantha Power, during her confirmation hearing, highlighted democratic backsliding – along with climate change, conflict and state collapse, and COVID-19 – as among the “four interconnected and gargantuan challenges” that will guide the Biden Administration’s development priorities.

However, defining “democratic backsliding” is far from straightforward. Practitioners and policymakers too often refer to “democratic backsliding” broadly, but there is a high degree of variation in how backsliding manifests in different contexts. This imprecise approach is problematic because it can lead to an inaccurate analysis of events in a country and thereby inappropriate or ineffective solutions.

To prevent or mitigate democratic backsliding, policymakers need a definition of the concept that captures its multi-dimensional nature. It must include the actors responsible for the democratic erosion, the groups imperiled by it, as well as the allies who can help reverse the worst effects of backsliding. 

To address this gap, the International Republican Institute developed a conceptual framework to help practitioners and policymakers more precisely define and analyze how democratic backsliding (or “closing democratic space”) is transpiring and then devise foreign assistance programs to combat it.  Shifting away from broad generalizations that a country is moving forward or backward vis-à-vis democracy—which makes it difficult, if not impossible, to derive specific solutions—the framework breaks closing democratic space into six distinct, and sometimes interrelated, subsectors or “spaces.”

Political/Electoral: Encompasses the arena for political competition and the ability of citizens to hold their government accountable through elections. Examples of closing political or electoral space range from fraudulent election processes and the arrest or harassment of political leaders to burdensome administrative barriers to political party registration or campaigning.

Economic: Refers to the relationship between a country’s economic market structure, including access and regulation, and political competition. Examples of closing economic space include selective or politically motivated audits or distribution of government licenses, contracts, or tax benefits.

Civic/Associational: Describes the space where citizens meet to discuss and/or advocate for issues, needs, and priorities outside the purview of the government. Examples of closing civic or associational space include harassment or co-optation of civic actors or civil society organizations and administrative barriers designed to hamper civil society organizations’ goals including limiting or making it arduous to access resources.

Informational: Captures the venues that afford citizens the opportunity to learn about government performance or hold elected leaders to account, including the media environment and the digital realm. h. Examples of closing informational space consist of laws criminalizing online speech or activity, restrictions on accessing the internet or applications, censorship (including self-censorship), and editorial pressure or harassment of journalists.  

Individual: Encapsulates the space where individuals, including public intellectuals, academics, artists, and cultural leaders– including those traditionally marginalized based on religious, ethnicity, language, or sexual orientation–can exercise basic freedoms related to speech, property, movement, and equality under the law. Common tactics of closing individual space include formal and informal restrictions on basic rights to assemble, protest, or otherwise exercise free speech; censorship, surveillance, or harassment of cultural figures or those critical of government actions; and scapegoating or harassing identity groups.

Governing: Comprises the role of state institutions, at all levels, within political processes. Typical instances of closing the governing space include partisan control of government entities such as courts, election commissions, security services, regulatory bodies; informal control of such governing bodies through nepotism or patronage networks; and legal changes that weaken the balance of powers in favor of the executive branch.

Examining democratic backsliding through this framework forces practitioners and policymakers to more precisely identify how and where democratic space is closing and who is affected. This enhanced understanding enables officials to craft more targeted interventions.

For example, analysts were quick to note Myanmar’s swift about-face toward autocracy.  This might be true, but how does this high-level generalization help craft an effective policy and foreign aid response, beyond emphasizing a need to target funds on strengthening democracy to reverse the trend? In short, it does not.  If practitioners and policymakers had dissected Myanmar’s backsliding using the six-part framework, it would have highlighted specific opportunities for intervention.  This systematic analysis reveals the regime has closed civic space, via forbidding large gatherings, as well as the information space, by outlawing online exchanges and unsanctioned news, even suspending most television broadcasts.  One could easily populate the other four spaces with recent examples, as well. 

Immediately, we see how this exercise leads to more targeted interventions—support to keep news outlets operating, for example, via software the government cannot hack—that, collectively, can help slow backsliding.  Using the framework also compels practitioners and policymakers to consider where there might be spillover—closing in one space that might bleed into another space—and what should be done to mitigate further closing.

Finally, using this framework to examine the strength of Myanmar’s democratic institutions and norms prior to the February coup d’etat may have revealed shortcomings that, if addressed, could have slowed or lessened the impact of the sudden democratic decline. For example, the high-profile arrest of journalists Wa Lone and Kyaw Soe Oo in December 2017 was a significant signal that Myanmar’s information space was closing. Laws or actions to increase protections for journalists and media outlets, could have strengthened the media environment prior to the coup, making it more difficult for the military to close the information space.

A more precise diagnosis of the problem of democratic backsliding is the first step in crafting more effective and efficient solutions. This framework provides practitioners and policymakers a practical way to more thoroughly examine closing space situations and design holistic policies and interventions that address both the immediate challenge and longer-term issue of maintaining and growing democratic gains globally.

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International Law

Authentic Justice Thus Everlasting Peace: Because We Are One

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The ceasefire in the Israeli-Palestine conflict is a good thing. We thank God for it. Be it between two individuals or institutions or nations or the internal colonial and colonized, war does not do anything except cause more immediate or future mass misery and human destruction. Our continued memories of our interpersonal and international and internal colonial and civil wars and the memorials we erect to remember them recall and record wounds and pains we never get over. 

So it becomes a bothersome puzzle as to why we human beings still just don’t get that war like oppression leads to nowhere except to more human devastation. And we should have learned by now but have not that peacemaking like ceasefires mean nothing without justice.

 It is the reason why I constantly find myself correcting those who stress Peace and Justice.No Justice No Peace is more than a cliche.It is real politic emotionally, economically, socially, and spiritually.

Our American inner cities like those in every continent where culturally different and similar people live cramped impoverished lives and nations and colonial enclaves with such unequal wealth remind us of their continued explosive potentialities when peace is once again declared but with no justice.Everyone deserves a decent quality of life which not only includes material necessities but more importantly emotional and spiritual freedoms and other liberations.Not just the victors who conquer and rule and not just the rich and otherwise privileged.

 And until such  justices are  assured to everyone peacemaking is merely a bandaid on cancerous societal or International conflictual soars which come to only benefit those who profit from wars which are bound to come around again when there is no justice and thus peace such as  family destroying divorce lawyers, blood hungry media to sell more subscriptions , arms dealers to sell more murderous technologies, politicians needing  votes so start and prolong wars, and military men and women seeking promotion while practicing their killing capacities.

So if those of us who devoutly practice our  faiths or our golden moral principles,  let us say always and pray and advocate justice and peace always  as a vital public good  and  do justice then lasting peace in our personal lives and insist that national leaders, our own and others do the same in their conduct of international affairs and affairs with those who are stateless in this global world. 

All such pleading is essential since we are all brothers and sisters in the eyes of God who created all of us  in God’s image as one humanity  out of  everlasting divine love for all of us so we should love each other as God loves all of us  leading to desiring justice and thus lasting peace for each and every one of us.

This is difficult for those in international affairs to understand who take more conventional secular approaches to historical and contemporary justice and peace challenges as if our universal spiritual connectivennes  ( not to be confused with the vast diversity of organized religions)as human beings which makes us all brothers and sisters has no relevance. But if we are going to find true enduring peace we have no alternative but to turn our backs on increasingly useless secular methods which go either way, stressing peace then justice or justice then peace and understand how much we must begin to explore and implement approaches which we look at each other as spiritually connected brothers and sisters in which it is the expectation that peace only comes and lasts when  through the equal enjoyment of justices for every human being, we restore our universal kindred rooted in the everlasting love of God and thus for each other, no matter the different ways in which we define God or positive moral principles which originate in understandings that we human beings in all our diversities are one and thus brothers and sisters.

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