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International Law

The Unfinished agenda of 2016’ Global Politics and expectations of 2017

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The unstoppable flow of new issues in international relations (IR) always pushes aside present and past crises. The entrance of these modern day challenges occupy more of the international community’s resources and time, making other vital issues less important. Is this an organic design, and the natural consequences?

It is a contested argument. However, we all forget that leaving problems to escalate from one year to the next year not only leaves the wound open, but makes it harder to close, particularly in regard to influencing the situation. Though the international players observe these developments as grave concerns, their experiences can only offer a familiar voice asking the stakeholders to remain calm. The Israeli-Palestine conflict, civil wars throughout Africa, the Kashmir issue, Tamil’s status in the United Sri Lanka, belligerent North Korea, Iran’s nuclear potential, governmental issues across Latin America, the worldwide war on terror, the shift of the old world order in the shadow of new rising powers, the impact of the Arab Spring, new tensions between the US and Russia, the Syrian refugee crisis, pandemic diseases, climate change, stalled WTO negotiations and many more keep the United Nations (UN) permanently engaged. Which issues did the international community consider more important than others and which remained untouched during the year 2016 will be discussed here.

This year the Israel-Palestine issue did not received more space in the agenda of the UN but was always present at the table. The recent abstention of the United States in the UNSC censuring the illegal Israeli settlements show that the long-standing approach of America in favor of Israel now is tilting. Israeli Prime Minister Benjamin Netanyahu was blindsided by this new shift, and spectators continue to contemplate why the US has broken its uncontested support for Israel and what the expected results might be.

No one dare talk of the Kashmir issue boldly, as it fuels the bitter relations between India and Pakistan. The reason for the estranged relations between India and Pakistan begins six decades ago at the partition of the Hindu-Muslim divide. Pakistan invaded Kashmir and was the aggressor in the situation. With no question surrounding India’s status as one of the new rising powers in the international system, seeking major influence within inter-governmental and organisational bodies is tensely anticipated. It seem Pakistan has not realised the reality of this issue, it can cry foul but it will not receive any support from any major Western players. This issue was not considered seriously by the international community for two reasons. First, India maintains that Kashmir is the internal matter of India and will only be resolved bilaterally with Pakistan. It claims that there would be no space for a third party. Second, India is the worlds largest democracy with a fast growing economy, as well as the largest importer of military procurements. India’s growth can be attributed to its friendly relations with major powers in the international system.

The agreement between Colombia and FARC would have ended one of the world’s longest, continuous conflicts in Latin American and set a precedent for resolving any deadly conflicts across the continent. However, Africa remains a continent plagued by suffering, and does not intend to copy the model and attempt to end any of their internal conflicts. Poverty, malnutrition, water insecurity and chronic diseases are threatening Africa’s communities. In addition, other issues like Boko Haram’s insurgency in northeastern Nigeria, ethnic violence in the divided Sudan, and Congo, Somalia, Mali and Algeria registered even more deaths from political violence in the year 2016. Recent reports say that Robert Mugabe, the 92 year old President of the failed state Zimbabwe will be in the race again to retain his presidential power. The UN and the US are concerned about the burgeoning issues across Africa but are unable to do carry out any action because of their focus on eradicating ISIS in the Middle East.

In Sri Lanka, the conflict between the majority of Singhalese and the minority Tamils and taking forward the new constitution of united Sri Lanka will be a burning domestic matter. The post-LTTE regime and the continuous presence of Sri Lanka’s military throughout war-torn regions makes the deprived minority people more vulnerable and poses a serious threat for their peaceful living. Further, the government’s concern to monitor and if needed thwart the regrouping of the LTTE would be understandable but the internal security matters should not endanger to its citizens. The crucial factor here would be an investigation by the UN body regarding the Human Rights violations, torture and unlawful killings during the final seven years of the war, and to apply pressure to the Sri Lankan government for further actions and a follow up. However, the resistance of Colombo in addition to the rivalry between India and China granted free bail to Sri Lanka in Indian Ocean security challenges.

At the Paris accord on Climate Change at the end of 2015 and the follow up in 2016 by the UN, the US sought a Chinese pledge. This was in order to give a chance to the citizens of the world and for the biggest polluters to guarantee change in the face of the real threat of global warming as well as the responsibility to save it. So far, “120 Parties have ratified of 197 Parties to the Convention” (unfcc.int) thus the Paris Agreement was fully supported and entered into force in 2016, received as a very positive message to all environmentalists, climate change scientists and anyone affected/worried about the consequences of pollution.

The deadlock of the WTO Doha Round talks means there will not be negotiations in 2016 due to the inability of the international community. This is not good news to the developing world, as this is the only rules based organisation which gives support to small states. The deadlock must be reversed to give an opportunity to every human being who have the right to live in this world equally. The failure of the WTO in boosting regional trade pacts would be a loss for developing nations. In 2016 the WTO was able to receive the required attention but will get the right consideration in 2017 if the Director General of the WTO, along with the new US administration, the EU, China, India, Russia, Brazil, South Africa and other major players collectively stand to provide a chance for future negotiations.

The second Iraq war, the repercussions of the ‘Arab Spring’ followed by civil war across North Africa and the Middle East has caused serious damage and disasters to humanity. The struggle to wipe out ISIS in Iraq and Syria fuelled the biggest refugee crisis the world has witnessed since World War II. The continuous clash between the US and Russia over Syria ceasefires and the battle for Mosul and Aleppo has devastated the country without any immediate redemption. Though the international community was concerned, the ego’s and power struggle between the US and Russia was the main reason behind the delay to bring all parties for ceasefire discussions.

The threat of nuclear weapons falling into the hands of deadly terrorist groups and proliferation of nuclear material within failing states is a serious issue which hurts everyone in the world. Last year alone, various tests were exercised by North Korea, and though its weapons capacity is contested the main point is that the tests were successful. North Korea is demonstrating its nuclear might with the protective shadow of China. No one is willing to address and/or challenge China’s influence, powers and relationships in the region. Why is this?

The pact with Iran surrounding nuclear material was a necessity as there was no alternatives that pursued the right direction. Which way this option proceeds lies in the hands of the new US president. Hopefully, Iran and its people will enjoy the outcome of the pact and it can be viewed as a positive message. With more investments predicted for Iran, the international community should keep a watchful eye on Iran incase these are viewed as funding opportunities to strengthen their nuclear option in the future. To counteract this, Iran should be guaranteed a security shield to protect them from another nuclear state or threat in their region.

US-Cuba relations

After imposing sanctions on Russia as punishment for the Crimea issue, tensions between the US and Russia have been renewed and registered at a new level. The US administration should not forget that pushing Russia towards the East is a big challenge in that it has the possibility of strengthening the relationship with China. Hacking the US election system, President Barak Obama’s reactions to expelling 34 Russian diplomats from the US, as well as Trump’s response are sending dangerous messages. Instead of retaliating, Russian President Vladimir Putin’s silence troubled every one. Which way the US will move and why remains to seen. The important aspect of this and the biggest worry would be the future and risks of cyber-security and the impact it can have on the international stage.

Silent issues are appearing quickly, particularly after the announcement of Trumps election win. His phone call with the Taiwanese President Tsai Ing-disturbed and shocked China. Trump’s olive branch towards Putin and open talks with Ing-wen will be a gateway to isolating China but also poses serious challenges to the new UN Secretary-General.

Ban Ki-Moon the Secretary-General of the UN is now completing his 10-year tenure. Now, the new Secretary-General Antonio Guterres has “pledged to make 2017 a year for peace.” He has experience in the UN as a High Commissioner for Refugees and as prime minister of Portugal. What the international media and diplomats have commented about the incoming secretary general are positive and widely endorse him as the right choice for this post. Let us hope that he will oversee all the important issues, give immediate attention to deadly issues and will work along with the international community to make a consensus in resolving conflicts and bring peace to this world with a stern hand.

International relations and its issues can not be limited or restricted. They are constantly changing and evolving, and the international community needs to be more resilient and adaptive in order to function at its highest capacity.

The UN has the institutional framework which, empowered by international law and the Geneva Conventions, can take the lead in finding solutions for any conflicts across the world. However, every IR scholar knows that without the backing of the US the UN’s stance would be powerless. Moreover, to carry forward the any proactive UN role the United States support can not be compromised. With unexpected events taking place in the US, president-elect Donald Trump would be the first leader in the history of US politics to be openly disliked by state leaders and his own citizens. With organised rallies, the appearance of posters stating ‘He is not my President’ and a number of debates across social media, serious questions are being about Trump’s presidency.

Though President Barak Obama was praised for his orator-ship, he could only impact minimum issues and some critics state he did not reach his expectations in the year 2016. However, his strong stance on non-intervention, withdrawal of the US military from the Middle East will stand strongly for him in the future. At the same time, the new president-elect of the US is already impacting the world stronger than ever. Russia is happy about the election results as Trump is batting for Russia. Would this mean that the new US policy will attempt to dismantle Russia-China relations? China is not happy about the new US president-elect. India has no opinion but there are expectations for closer ties with the US because of Prime Minister Modi and Trump’s shared policy disarray and inconstant personality traits.

The more international issues are in rise the intervention of the US president with rational act would be crucial for resolving conflicts. So far, Trump has not shown any maturity in his statements on global affairs. Contested statements in his name make the global stage more confusing and reduce his image as a trustworthy global leader.

Will the important global issues that remain unresolved or not a high priority in the year 2016 receive attention from the new US president in the New Year 2017? This has no immediate answer. The UN and the US are strongly expected to lead the way for useful solutions to the global problems. We have crossed the year 2016 with some achievements but not with great disappointments. Hence, we have hope that the international community will fight to save humanity from the natural and manmade disasters.

Antony Clement is a Senior Editor (Asia-Pacific), Modern Diplomacy an online journal. He is a researcher in Indian Foreign Policy. He consults on academic development and he is currently working on two books - “Discover your Talents” and “Diplomacy in Tough Times”. His research centres on India’s diplomacy & foreign policy and extends to domestic politics, economic policy, security issues, and international security matters, including India’s relations with the US, the BRICS nations, the EU and Australia.

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International Law

The clash of human rights ideas between universalism and relativism

Nargiz Hajiyeva

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All human beings are born free and equal in dignity and rights. They should act towards one another in a spirit of brotherhood”. Article 1 of the Universal Declaration of Human Rights, 1948.

Human rights from the prism of universalism

After the outbreak of the Second World War, maintaining and in particular, providing a universal set of rules and values of human rights were put forward as one of the basic duties. Universalist approach searches for what is methodical and systematic, tries to enforce the rules, laws, and norms on all of its members so that things can run more resourcefully. In order to promote democracy in terms of human rights should be a pivotal priority of each state. Certainly, the development of a state adequately depends on preserving, and especially the implementation of human rights in civil society. In our current world, human rights are based on two predominant approaches in accordance with regions-East and West, North and South. One of them is universalism, another is cultural relativism. The cutting edge universalism theory of human rights can be founded not only on common law, equity, response to dignity, injustice, and fairness of appreciation, but also capacities of a human being, moral agency, and self-ownership, among other peopleUniversal sets of standards, rules, and values are based on Western countries prospects. The history of universalism can be traced back to the Universal Declaration of Human Rights on 10 December 1948, as a pivotal guide to mankind. As a result, The Declaration expressed a novel denotation to the word “universalism.”

The fundamental values and principles highlighting the concept of human rights are of a universal character. Thus, these values and principles referred to the concept of individual liberty and freedoms, the belief in democracy and political rights, the acknowledgment of social and economic rights. “To a large extent, universality is one of the indispensable descriptions of human rights. From this perspective, human rights are civil rights that apply to all humankind and are therefore referred to universal values and rules. All human beings are the possessor of these civil rights, independent from what they actually do, where they come from, where they reside and from their national citizenship, their community, etc. “The universality of human rights is rooted in and also manipulated by the other characteristics of human rights: human rights are categorical (every human being has these rights, they cannot be denied to anyone), democratic (also called egalitarian-every human being has the same rights), individual (human rights apply to every human being as individual and protect the latter from violations by a collective recognizing at the same time the important role of a collective for the individual, they have their own rights to provide themselves sufficiently in social community, such as freedom of living, speech and etc), fundamental (human rights protect basic and essential elements of human continuation) and indivisible (the whole catalog of human rights must be respected, they are complimentary)”.[1]

It would be necessary to emphasize that promoting democracy, providing human rights, individual liberty, national self-determination, and the other values were noted on Woodrow Wilson’s fourteen-point program. The main crux of universalism is the implementation of universal sets of norms, and values along with not only Western countries, but also Eastern, Asian and The Middle Eastern countries, where cultural relativism (mainly moral relativism) dominates and contains its moral and ethical values over people of these countries. Universal human rights are based on Western ideology. It has been argued that universalism on human rights merely referred to Western Imperialism. It put forward some challenges in accordance with the main priorities and prospects of universal human rights. Unquestionably, we apparently realize that countries who reject the universal sets of standards as a policy of Western countries, form some basic values and ethical values based on cultural relativism. Universalism and cultural relativism cannot coincide with each other in terms of diverse moral and universal values.

In our industrialized world, the universal sets of values cannot be wholly implemented to all countries, because of the fact that strong dominance of primordial cultural and ethical values and standards which bolster their places among people within civil society, at the same time reject the universalism of human rights. On the other hand, cultural relativism cannot be accepted as universal moral values for countries. According to providing human rights, universalism is a pivotal approach that has more opportunities than cultural relativism. But, in more cases, we try to percept the today’s realities of the world. In general, as we understand that providing universal human rights have to base on the basic principles and rules within international law, but cultural relativism cannot refer to the rules and norms of international law, because of having predominant cultural and traditional values and norms within its own system. Thus, a related challenge is that the inspirations of human rights do not aid to solve the most disputable issues of non-Western societies. The extreme of which is that the idea of human rights is in many cases, as opposed to the ideas and values of non-Western countries.

In the case of the universality of human rights, there are some challengeable situations along with the implementation and perception of human rights. Since the publication of Pollis and Schwab’s Human Rights: Cultural and Ideological Perspectives in 1979, human rights universalists and cultural relativists have collided in regard to legality and applicability of human rights outside the West within civil society. In their confrontational lead essay, “Human Rights: as Western Construct with Limited Applicability,” the authors argued that “the Western political philosophy upon which the United Nations Charter and the Universal Declaration of Human Rights are based provides only one specific elucidation of human rights, and that this Western notion may not be successfully applied to non-Western areas” due to ideological and cultural differences.[2]

Apart from these, it can be comprehended that Universality of human rights refers to Western cultures, in particular, traditional and moral characters, which can not be implemented to non-Western countries because of having their own cultural and ethical rules and norms. The implementation of universal human rights from the Western perspective to relativist non-Western countries cannot achieve any kind of success in terms of providing human rights sufficiently, because of the fact, universal human rights merely concern on the Western-cultural sets of norms. Thus, in the case of non-Western countries, cultural relativism and universalism can collide with each other in for a range of reasons, for instance, considering moral and ethical standards, attitudes toward human rights, implementation of these rights and etc.

The approach of cultural relativism

Relativism is characterized as a set of views about the connection between morals and culture or humanity. Apart from universalism, cultural relativism is based on morals, ethics, and customs of each human society and differs from one another. Thus, what is the crux of cultural relativism within civil society? Cultural relativism is the vision that all beliefs, traditions, and morals are in respect to the person inside of his own social setting. As such, “right” and “wrong” are society particular; what is viewed as good in one society may be viewed as morally wrong in another, and, since no worldwide standards of morals and ethical behaviors exist, nobody has the privilege to judge another society’s traditions. Moreover, we can not judge someone, or person with his or her cultural values, in particular ethics and morals in society.

Cultural relativism is an aphoristic standard created by Franz Boas and advanced by his successors of human sciences in the 1940s. It was blended with moral relativism during the Meetings of the Commission of Human Rights of the United Countries in setting up the Universal Declaration of Human Rights from 1946-1948.  Thusly, the scholastic marvel of cultural relativism grew synchronously with the conception and development of the universal human rights lawful administration. Actually, discussion, cultural relativism within the order of humanities is a heuristic device reflecting the rule that an individual human’s convictions bode well as far as his own particular society, while moral relativism imitates the rule that all societies and all worth frameworks, while unmistakable, are just as substantial.

In 1887, Franz Boas first ascribed this principle as “… civilization is not something complete but is relative, and our thoughts and conceptions are true only so far as our civilization goes”, whereby, he formed an adage of anthropological research.[3]

According to some analysts, cultural relativism sees nothing naturally wrong with any cultural appearance. As a consequence, the primordial Mayan practices of self-mutilation and human sacrifice are neither good nor bad; they are simply cultural distinguishing, analogous to the American custom of shooting fireworks on the Fourth of July. Human sacrifice and fireworks -both are merely diverse products of separate socialization. Cultural relativism engenders in each human society differently.[4] Cultural relativity is an irrefutable fact that ethical rules and social institutions produce astounding cultural and historical variability. Cultural relativism is an authoritative opinion that holds that (at any rate some) such contrasts are absolved from legitimate criticism by outsiders, a precept that is firmly bolstered by ideas of mutual independence and self-determination.

Moral judgments, notwithstanding, would appear to be basically widespread, as proposed by Kant’s definite imperative as well as by the common sense difference in the middle of the principled and self-intrigued activity.  The perception of human rights in the modern world from the prism of both universalism and cultural relativism is entirely complicated. At the same time, they showed their assumptions and ideas with a radical approach. In this case, two extreme positions can be considered in each called radical universalism and radical cultural relativism. Radical cultural relativism holds the opinion that culture is the sole wellspring of the legitimacy of ethical rights and rules. Radical universalism emphasized that culture is unimportant to the legitimacy of moral rights and principles, which are universally lawful and valid.      

Furthermore, the main arms of the cultural relativism are typified as strong and weak cultural relativism. How were they considered under the rules of human society? –  Strong cultural relativism refers to culture as a vital source of the legitimacy of ethical rights, in particular, morality and rules. The standards of Universal human rights, however, serve in conjunction with ensuring on potential excesses of relativism. At its utmost extreme, just short of radical relativism, strong cultural relativism would recognize a few basic rights with virtual universal requests, but allow such a wide range of variation for most rights that two entirely reasonable sets might overlap only somewhat. Weak cultural relativism also cites that culture may be an imperative well of the legitimacy of an ethical right and rules.  Universality is at first assumed, however, the relativity of human instinct, groups, and rights serve as to verify on potential abundances of universalism. In some cases, weak cultural relativism would perceive an extensive arrangement of by all appearances universal human rights, but permit intermittent and entirely constrained neighborhood varieties and special cases. [5]

Hence, the cultural impacts on human civilization are unalienable, regarding the fact in civil societies had been formed by the effects of various types of moral and ethical powers, in particular, primordial traditions belonged to each human being. Thus, in today’s world, the realities of East and West, North and South are irrefutable. Moreover, there can be slight uncertainty that there are important, structurally determined cultural and in many cases, moral distinctions for example, between the basic “personality and natures “of men and particularly, women in modern western and traditional Islamic or Muslim societies. Thus, human nature formed the basic personality of each human being within his or her civil community.    Relativism centers on the thoughts of moral self-sufficiency and public self-determination.   Regarding cultural relativism, it also establishes the internal and external effects of morality.

The main features of internal evaluations were given by your own society, but the external evaluation focus would seem universal judgments that can be affected by western or other foreign societies. Furthermore, moral judgment by their society is normal and universal for its human nature. Because of the fact that he or she belongs to this civil society which is based on its cultural and moral characteristics and for this reason, moral judgments given by his or her own society center on their genesis and historically specific contingent.  

Pre-colonial African village, Native American tribes, and traditional Islamic or Muslim social community focus on the native morality of cultural relativism. Universal human rights are strange to their community, the reason why, they merely concern on their native traditional values, because of the fact that the communal self-determination, in particular, moral self-sufficiency engenders cultural and social variability of human nature within their own community.[6] Long-established traditional cultures of Africans for example, usually were powerfully constitutional, with compulsory major restrictions on civil society. These kinds of central limitations also deprived them of the main universal and identified norms and values of the contemporary world. Thus, it can lead to strong despotism and violence in this community.    According to cultural relativism, it can be essential to mention some Asian, the Middle Eastern and Latin American countries through considering their own conventional values and morality within the system of human rights.

Regarding Pakistan, the main reference in its National Report is contained in the schooling procedures underlined by the government, in which it proclaims that the “new National Educational modules has tried endeavours to incorporate standards, in particular values of human rights, maintaining assorted qualities and distinction  alongside universal human rights that In the case of Pakistan, CEDAW was unequivocally worried about not only pervasive patriarchal positions and attitudes but  deep-seated conventional and cultural stereotypes related to the roles and responsibilities of women and men in the family, in the place of work and in civil society.[7]

In accordance with cultural values and traditions, in Iraq, young ladies are often deprived of education after 12 to 15 years in provincial areas; however, the country’s educational ministry still remains muted and latent with respect to the procedures of schooling to be taken to set up the compulsory law of education. Apart from this, the “violence against women and girls continues to be one of the critical problems in this region. Women in these areas are undergone some kinds of violence by armed forces, Iraqi policies, and militias. On the other hand, the extensive functionality of the death punishment, torment, and inhuman behaviors and standards are widely practiced in Iraqi prisons, therefore, the severe influences of the myriad breaches of the rules of war by Iraq armed forces, groups, and policies have lingered in civil society for a long time.[8] Thus, in the case of Iraq’s cultural values and morality, it can never be justified in terms of gender equality, because this country only validates itself to engender violence and antagonist actions toward its society, in particular women. Why? – Is the maintenance of human rights composed of these types of behaviors? In this region, promoting antagonist manners and behaviors toward society, rather than upholding universal sets of values and standards of human rights can not give meaningful benefits to this country.

In addition, it should be emphasized that at the same time, Israel articulated its anxieties regarding, severe methods of capital punishment, discrimination, violence, in particular, forced marriages methodically engaged against women and girls.

When it comes to Latin American countries, it can be useful to focus on the traditional manners and roots of Cuba. According to this country, the UN Compilation gives data to form autonomous human rights institutions and associations and boost contributions to the international system. Cuba experiences torture, discrimination, prison circumstances, arbitrary detentions, domestic violence, the conditions of prostitution and other forms of violence against women. In the instance of Cuba, the UN promotes basically substantial reforms on human rights. According to this situation, in 2006, “Cuba tried to mention its motivation in order to support cultural rights and the respect for cultural diversity and the promotion of peace for the satisfaction of all human rights.

However, Cuba stands in the same position in order to maintain conventional rights and international-third generation values and standards in human rights issues.”[9] Hence, basic cultural differences cannot justify the universal values and standards of human rights. In most cases, cultural relativism leads to the conditions of despotism and antagonism, in Asian, the Middle Eastern and some parts of Latin American countries, through these methods, it can not maintain human rights within society. If cultural relativism merely focuses on strong authentic moral and ethical basis rather than supporting the alternative methods of providing human rights universally, these types of roots can lead to colossal gaps between Eastern and Western societies in the contemporary world order. Eventually, we tend to realize that reciprocal respect and understanding between people can cause the inclusive implementation of human rights from both universalism and relativism perspective in civil society. Through reaching to reconciliation processes of the two main approaches of human rights, our civil society can create relative universal sets of values and behaviors by taking into account both relativism and universalism.

We try to comprehend that many Eastern and Asian countries will not justify the strong universal basis and sets of human rights in future life expectancy. Regarding the fact that their community, in particular, each human being depends on the authentic self-governing rules, traditional set of values and basis. Transmitting from these kinds of values into the burly standards of human rights can be arduous for them that how can they behaved under the rules of these common standards. Universalism is not about everything for them, but at the same time, if universal sets of values can be implemented in some Eastern and Asian countries, firstly, their social communities have to eager to alter their customary ethical and moral natures into the central standards of human rights take on universal nature of human rights.

[1] Universality of Human Rights,  Dr. Peter Kirchschlaeger, Co-Director of the Centre of Human Rights Education, University of Teacher Education of Central Switzerland – Lucerne, http://www.theewc.org/uploads/files/Universality%20of%20Human%20Rights%20by%20Peter%20Kirchschlaeger2.pdf

[2] Michael Goodhart*, Human Rights Quarterly 25 (2003) 935–964 © 2003 by The Johns Hopkins University Press Origins and Universality in the Human Rights Debates: Cultural Essentialism and the Challenge of Globalization, pp 4-5, http://hmb.utoronto.ca/HMB303H/weekly_supp/week-02/Goodhart_Cultural_Essentialism.pdf.

[3] Franz Boas 1887 “Museums of Ethnology and their classification” Science 9: 589

[4] http://www.gotquestions.org/cultural-relativism.html , what is cultural relativism?

[5] Cultural Relativism and Universal Human Rights Author(s): Jack Donnelly Source: Human Rights Quarterly, Vol. 6, No. 4 (Nov., 1984), pp. 400-419 Published by: The Johns Hopkins University Press Stable URL: http://www.jstor.org/stable/762182.

[6] Cultural Relativism and Universal Human Rights Author(s): Jack Donnelly Source: Human Rights Quarterly, Vol. 6, No. 4 (Nov., 1984), pp. 406-414 Published by: The Johns Hopkins University Press Stable URL: http://www.jstor.org/stable/762182.

[7] http://www.univie.ac.at/bimtor/dateien/pakistan_upr_2008_info.pdf, Human Rights Council Working Group on the Universal Periodic Review Second session Geneva, A/HRC/WG.6/2/PAK/1 of 14 April 2008, Para. 74.

[8] A/HRC/WG.6/7/IRQ/3 1, http://www.univie.ac.at/bimtor/dateien/iraq_upr_2010_summary.pdf,  Human Rights Council, Working Group on the Universal Periodic Review Seventh session Geneva, 8-19 February 2010;

[9] A/HRC/WG.6/4/CUB/1 4 November 2008, http://www.univie.ac.at/bimtor/dateien/cuba_upr_2008_report.pdf  Human Rights Council Working Group on the Universal Periodic Review Fourth session, Geneva, 2-13 February 2009.

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The 21st Century: The Century of Reforming The UN Security Council

Raiis Gassanly

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Reforming the UN SC with the veto power only of the UN Secretary General and a new article of the UN Charter “On the Rights of Nations to Self-Determination” will eliminate the aggressive fervor of the USA, Russia and China on inciting regional and world wars on our Planet.

On July 19, 2017, at the meeting of the UN General Assembly devoted to the reform of the UN SC, the Deputy Permanent Mission of Russia to the UN V. Safronov raised the issue of the reform of the UNSC. He proposes to expand the composition of the Security Council at the expense of only the countries of Asia and Africa, which is a formal attitude towards the UN, as the most important organ in the fate of the countries of the world in maintaining international peace and security on our planet.

In my opinion, the expansion of the UN SC should cover the most important countries from all continents of our Planet. At the same time, in the absence of members rights to the veto, which will allow discussing in the UN SC the most important problems of the countries of the world with relevant resolutions for the reality of their execution.

Below I cite my draft reform of the UN SC, which differs radically from the proposal of the representative of the Russian Federation, the United States and other countries to the United Nations.

REFORMING THE UN SC WITH THE RIGHT OF THE VETO OF THE UNSC

Mankind is at the forefront of a direct collision between the United States and Russia or China on the basis of their geopolitical and geostrategic interests in their regions and countries of the world. As a fact, the UN SC has long been in the position of a “Chinese observer” – a passive observer of the aggressive actions of the leading empires with their invasions into the countries of the world, beginning in the middle of the XX century to this day in Asia, Europe and the Middle East.

And as the consequences of these invasions, there is complete ruin of the regions and the infrastructure of countries, the massive death of civilians and the flow of refugees, which, in turn, leads to global problems in Europe and the USA.

This bloody large-scale process continues to this day since 2000 year, where, finally, from 2015 year, the interests of the powers of the USA and Russia collided directly with their heads in the Middle East in order to display their monopolistic geostrategic positions in specific regions of the world. In turn, the confrontation between the US and Russia is urgently needed by the time of the shaky regime of President Vladimir Putin, when the material condition of the population and the country’s infrastructure is cracking along all the seams with a weak economy.

A rhetorical question arises: what is the leading role of the UN and its main body of the Security Council, as an international organization of all countries of the world? The UN was created, on the one hand, to prevent world and regional wars with disastrous consequences due to Man’s fault, as heads of leading empires and countries of the world. On the other hand, to prevent natural disasters and disasters for the population of the Planet, such as nuclear power plant explosions, tsunamis, earthquakes, meteorite falls, landslides, tectonic collisions and much more.

The creation of the UN in 1945 pursued international cooperation of the countries of the world in political, economic, scientific, cultural, sports and other types of relations, regardless of their political, social, national and religious conditions.

The basis of the UN SC is the primary responsibility for maintaining peace and security in the countries of the world, suppressing not only regional and world wars, but also separatism on interethnic and interreligious soil. At the same time, all UN members are obliged to obey the decisions of the UN SC and their implementation.

A rhetorical question arises: why does the UN SC, from the date of its emergence to this day more than 70 years, fail to fulfill its direct responsibilities for maintaining peace and security, against the background of the regional wars in the world? Why does the UN SC not consider the causes of the emergence of aggressive bloody wars at the level of civilian deaths, mass refugees and the devastation of their cities by major powers? Why does the UN SC not give a proper assessment of the actions of countries like the USA, the former USSR, its successor to Russia and other specific countries of the world? Why does the UN SC not control over the years the course of action of the resolutions on specific countries, which it adopted, and does not put forward at the same time sanctions? Who and why is interested in this when the bill for these wars is no longer in millions and billions of dollars, but in the end in trillions? Whereas the US debt is $ 23 trillion, when the largest historical power of the USSR disappears, and the economy of its successor to Russia today is not detached from the muddy bottom.

According to the UN Charter, countries of the world have authorized the UN SC to “investigate any dispute or situation that may lead to international friction or cause a dispute to determine whether the continuation of this dispute or situation could not threaten the maintenance of international peace and security.” However, even today, the UN SC ignores all bloody events in the countries of the world. What is the reason for not fulfilling the duties of the UN SC?

As a vivid example, the outcome of the Second World War in early 1945 was predetermined by the defeat of Nazi Germany, and at the same time aggressive Japan, and does not give a proper assessment of these US nuclear strikes with the massive deaths of more than 200 thousand people and the complete devastation of two cities in Japan. And this, in turn, allows the former USSR in 1961 to provoke the Cuban nuclear crisis with the United States, and then its successor Russia to threaten nuclear ashes for the United States and European countries.

There was also no assessment of the actions of the authorities of England, which led to the ruins, like Stalingrad in 1943, the beautiful city of Dresden with historical museums just for the fact that the world criminal of Nazi Germany Adolf Hitler steadily bombed and destroyed their cities.

So, with the tacit consent of the UN SC, the wars since 1945 have not only stopped, but, on the contrary, have become more frequent in the regions of the world due to the following, in my opinion, reasons. These include the achievement of priorities of the geopolitical and geostrategic interests of the nuclear superpowers in the regions of the world; dividing the world with the destruction of contradictory social systems, capitalist or formerly communist, and today simply Putin’s; intervention in dictatorial and authoritarian countries with their centuries – old Muslim orders and traditions in order to introduce the “democratic values” of Europe; the implementation of “historical justice” with the aim of reviving the centuries – old imperial territories like Tsarist Russia; the emergence of two or more sovereign states for the same nation in the absence of an article in the UN Charter “On the Rights of Nations to Self-Determination” with the dual policy of the countries.

With the collapse of the USSR, the hegemony of the one polar world politics of the United States over the countries of the West and the world is established. And this, in turn, allows the United States to pursue an independent foreign policy in the world, ignoring their consideration and the consent of the UN SC itself.

As two vivid examples of this, on the one hand, the United States, using the tragedy of September 11, 2001 in New York, killed about three thousand civilians in the skyscrapers at the hands of the terrorist organization Al Qaeda. On the other hand, the former USSR in 1979, without the resolutions of the UN Security Council, they sent their troops into Afghanistan under the slogan of creating “democratic institutions” in the ancient Muslim country. And this process continues to this day at the level of the civil war in the country of Afghanistan.

Without the relevant resolutions of the UN SC, the US in alliance with the countries of Europe has been waging an aggressive war from 2003 to this day in the countries of the Middle East – Iraq, Libya and Syria, with Russia joining in 2015. As a result, a self-proclaimed state of ISIL is born at the level of the ancient laws; complete devastation of cities with a massive death of the population and refugees in millions of people in the countries of the world.

All this speaks of the real viability of the UN regulator and the UN SC itself.

It follows that the Third World Nuclear War has not yet erupted with disastrous consequences for all of Mankind with its possible disappearance, it is necessary to reform the UN SC. At the same time, with all the discussions and resolutions adopted by him, the UN Secretary General should actively participate personally with the sole voting right granted to the UN SC resolutions. For he represents a responsible person for the destinies of the countries of the world – all the UN members, with the goal of actually protecting them the international rights of the countries of the world, regardless of their social systems, as dictatorial, authoritarian or democratic regimes.

The UN SC has the right to “determine the existence of any threat to peace, any violation of peace or an act of aggression and make recommendations or decide what measures should be taken to maintain or restore international peace and security.” The Security Council has the right to impose coercive measures on States violating peace and security, including the use of armed forces and certain sanctions, in accordance with Article 25 of the UN Charter. However, the UN SC cannot really use this right, because its members, like the United States and Russia, pursue a policy of double standard, using the veto right when they need it.

INCREASE IN THE NUMBER OF UNSC UN MEMBERS RIGHT TO VETO

All of the above on the aggressive actions of the powers and countries of the world is explained, in my opinion, on the one hand, by the existence of the rights of the five permanent members of the UN SC to vote, veto for consideration, discussion and adoption of resolutions contradicting their foreign or domestic policy, promoting this geostrategic and geopolitical interests that go against the protection of the rights of civilians and the preservation of their places of residence. On the other hand, the five permanent members of the UN SC are not able to cover and specifically find out the pressing problems in the countries of the world with their solutions.

That is why since 1991, the United States used the veto more than 14 times, and Russia more than 13 times, which resulted in catastrophic consequences in the world, in the examples of the countries of the Middle East, Afghanistan, Ukraine, Azerbaijan, Georgia.

Countries around the world, including personally former UN SG Kofi Annan, made repeated statements on reforming the UN SC with the goal of increasing the number of permanent members, but without making any reservation about eliminating the veto power, which allows imperial countries to manifest geostrategic and geopolitical countries, at the root of their rights interests in the regions of the world.

In my opinion, in view of the above, the reform of the UN SC should be in the following order:

1. increasing the number of permanent members of the UN SC to 15 at the level of strategic and solvent countries – representatives of all continents of our Planet;

2. increasing the number of non-permanent members of the UN SC to 10, periodically replaced after 3 years, taking into account their solvency and significance in the regions of the continents of the Planet;

3. exclusion of the right to vote of the veto of all members of the UN SC;

4. all the issues discussed and the resolutions of the UNSC are adopted taking into account the majority of their votes and

5. oblige active participation in the activities of the UN SC by the UN SG, precisely with his right to vote in veto on questions and UN Security Council resolutions.

The current UN SC permanent members, as the countries of the anti-Hitler and Japanese-Chinese coalitions where the world wars took place, should remain on the UN SC list.

Further, we should take into account countries with their geographical location and importance in the regions of the continents of the Planet by the number of their population, religiosity, the power of their economy and armed forces.

Based on the foregoing, in my opinion:

A. permanent members of the UN Security Council should be: the United States, Russia, China, England, France, Germany, Italy, Ukraine, Kazakhstan, India, Indonesia, Turkey, Egypt, Brazil, Argentina; that is, there are 15 of them, and

B. non-permanent of the UN SC — periodically replaced every three years: Greece (Belgium, Bulgaria, Holland); Poland (Switzerland, Czech Republic, Romania); Denmark (Sweden, Norway, Finland); Azerbaijan (Belarus, Georgia, Armenia); Uzbekistan (Turkmenistan, Kyrgyzstan, Tajikistan); Japan (Philippines, Malaysia, Australia, South Korea); Pakistan (Iran, Saudi Arabia, Iraq); Israel (South Africa, Nigeria, Algeria, Tanzania); Chile (Colombia, Venezuela, Peru); Mexico (Canada. Paraguay); i.e. there are 10 of them.

Thus, in my opinion, the composition of the UN SC should consist of 15 permanent members and 10 non-permanent members. All of them do not have veto power.

In my opinion, a neutral person in the UN should have the right to vote the veto on the topics proposed for discussion and resolutions adopted on them by a majority of the UN SC votes. And this person, who will bear all responsibility for the activities and decisions taken by the UN SC, is none other than the UN Secretary General. This is similar to how in all countries of the world the final solution of the problem of war and peace is provided to the first person of the country – the President or the Premier. And this is my answer to the newly elected 45th President of the United States Donald Trump, who in one of his speeches of December 13, 2016, said: “As for the UN, from January 20, 2017, the organization will be different.” And in his inaugural address, he noted his US vision for the future: “America is first and foremost.” It is his concept of tensile and double meaning. At the same time, he did not mention about the countries of cooperation, including NATO, where the United States plays the leading role. Thus, the EU countries should realize that they can no longer hope for close cooperation and patronage from US.

We must look for ways to strengthen our role, at least in Europe, while not forgetting that it is precisely the reform of the UN SC and with the majority and solidarity of members that will allow them to influence the politics of the world.

It should be recalled that in 2000, the administration of former US President Bill Clinton agreed to expand the UN SC to more than 23 members. However, with the right to vote only to the permanent five members of the UN SC. Since the inception of the UN, the UN SC has been criticized to this day because of the voting rights of its five permanent members to decisions that could harm both their country and others in the world.

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International Law

“The Rights of the Nations, National and Ethnic Minorities for Self- Determination”

Raiis Gassanly

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The new article of the Charter of the UN “The rights of the nations, national and ethnic minorities for self-determination”, will allow, by vote of the population of regions of the countries under control of the UN, to gain independence for not gained independence nations at the level of the sovereign state, and for the gained independence nations at the level of autonomous regions – states, at the international organization UN.

As show events on time in the world, two options for achievement of level of the national self-determination are noted, in my opinion:

the first option – democratic and peace, by vote of the population with their compact accommodation in the concrete region of the country with participation of the UN, and

the second option – authoritative and aggressive that allows emergence in the states to separatism of nationalistically oriented citizens of the population with their compact accommodation in regions at the level of the open or hidden connivance of external interested countries to these regions.

So, in my opinion, the new article “The Rights of the nations, national and ethnic minorities on self-determination ” of the Charter of the UN has to consist of three parts for national self-determination of the population of the countries of the world:

the first part of article is for the nations, national and ethnic minorities which historically live compactly in certain regions of foreign sovereign states, without having at the same time national self-determination at the level of the sovereign state in the world and as a part of the UN;

the second part of article is for national and ethnic minorities which historically live compactly in regions of foreign sovereign states, but having at the same time in the world, outside not adjacent borders of the country of the accommodation, the nation sovereign state as a part of the UN and

the third part of article is for the nations which for centuries live compactly in historical lawful territories in adjacent borders of two-three sovereign states, but at the same time historically were the divided adjacent borders of the countries on two-three parts.

Development the new article of the Charter of the UN from legal side belongs to foreign affairs specialists-lawyers of the UN, which have to define fundamental sensible decisions about mention the rights on the basis of rules of international law. At the same time, lawyers of the UN, on the one hand, should not rely on the interests of conflicting parties in the region. On the other hand, lawyers also have to exclude in the new article of the Carter of the UN the geopolitical and geostrategic interests of major powers and countries in these regions and beyond their limits. Whether the UN as historically vital step of the international organization will go to it, it is already other party of a medal. As axiom, it is explained that new article in the Charter of the UN will remake territorially borders of all countries of the world without exception. And it, in turn, will exclude imperial manners of powers and countries of the world with emergence of world wars. And therefore, participation of all member countries of the UN in vote of the new article, but not members of the UNSC with their veto, as a rule, for this discussion is necessary.

In the first part of article – the UN develops all principles of creation of the new, but not repeating, national states with their democratic structures for the nations, nationals and ethnic minorities which are compactly living for centuries in the region on the historically lawful lands, but not having at the same time national self-determination at the level of the state in the world. At the same time peace process of emergence of the new national state has to take place step by step in the following ways on a basis:

1. universal ballot under control of the UN of all population living in this region of the country, but not separately taken its nation, for national self-determination at the level of the only state for this nation in borders of the historical territory of their accommodation;

2. build in the region of democratic structures and institutes with human rights and rule of the uniform Law, and

3. for the purpose of achievement of painless process of their exit of management of this sovereign state and not a rupture of the connection established them in market economy about the country to provide to regions time in 5-10 years for a smooth exit to the level of self-government of the sovereign state.

Kurds in Iraq, Tibetans in the Tibetan autonomous region of China, Basra in Spain, Chechens, Bashkirs, Tatars in Russia and others can be examples of the nations for this case. And what earlier, in the spirit of the times, there will be this democratically peace process, thereby, on the one hand, will win more those states in the territory of which there is this process at their close market interlacing.

On the other hand, will win all mankind with emergence on the world scene of the new, not repeating nation states with the rich national traditions, stories, culture, customs and religions. But the most important the fact that process of peaceful formation of the new states in regions of the countries will eliminate regional wars and the criminally centers on an international basis in territories of their accommodation. And it will exclude bloodshed of the people of these regions at emergence of the new state.

Striking examples told are emergence of 15 new states from former imperial the USSR and also the Czech Republic, Slovakia and the republics of the former Yugoslavia. However, they arose spontaneously, as led to a rupture of their market on the basis of their vertical structure. As result – full collapse of their economy with emergent of the new states.

Today some regions of the countries of the world also wish to gain independence at the level of the new national state in which basis either their rich economic budget, or religious motive lies.

Rich regions of such countries as Great Britain, the USA, Spain, Italy, Russia and other advanced countries can be examples. Regions of the countries of the Middle East and Africa can be examples of religious motive.

The second part of the article “The Rights of the Nations for Self-determination” of the Charter of the UN develops rules of uniform approach for national and ethnic minorities which at will of fate of historical events in the past live compactly in regions of others countries, however at the same time have no adjacent borders with their family in the world gained independence national states at the level of the UN.

For example, Jews, Chinese, Armenians, Mexicans and others in the USA; Armenians in France, in Russia, Azerbaijan and so on. In this case, for the purpose of maintaining territorial integrity of borders of the sovereign states fixed UN on which certain part of the territory these minorities compactly live the UN develops the principles of creation of self-government for them at the level of autonomies, as in Denmark, or the state, like in the USA, within territories of their compact accommodation. Besides, process happens according to universal ballot of the population of the region for further accommodation in the territory of this sovereign state which sheltered them and without revision of its borders. At the same time their equal constitutional rights with citizens of this state are created. But for cases of unwillingness of further accommodation in this territory on the basis of results of their vote, the UN is provided rules and conditions of their painless moving from these territories of foreign national states in the territory of the existing their nation states or other countries. It can occur due to monetary compensation to the leaving persons by sides of their states interested in destiny, according to the market of sale and a purchase of the earth and real estate. A striking example is eviction of Jews from the occupied Palestinian earth of Gaza on their home ground of the nation State of Israel with granting housing to them or at will departure to any country of the world.

Otherwise, a paradox of granting the states to these minorities of the rights, at existing in the world of their nation states, can the fact that only in one USA dozens of the states for Japanese, Latin Americans, Chinese, Jews and so on will arise will be. And Armenian ethnic minorities which are compactly living almost worldwide from hundred thousand to one million, for example in California in the USA, in France, in Russia, in Lebanon, in Turkey and in other countries, including also in Nagorno-Karabakh of Azerbaijan, and not having at the same time adjacent borders with their Armenia, will create as a result the largest state in the 21st century on ours to the Planet – the USA*, that is the United States Armenia is improbable. And it is a paradox on time for the three-million population of Armenia, given rise thanks to the October revolution of 1917 by Bolsheviks of Russia. Whereas the Palestinian nation cannot recreate blood of the people self-government at the level of the state since 1948 and is a source of a criminally problem not only in the Middle East, Africa, but already and around the world.

In the third part of the new article of the Charter of the UN, the rule for unity of the divided nation, two-three sovereign states living in adjacent borders on their historical home grounds is developed. In this case, the UN is necessary, on the basis of their universal ballot for association in the uniform nation, to develop ways and conditions of their peaceful painless association and merge of their territories of accommodation. 5-10 years for creation of the uniform nation state with democratic management with preservation of former economic are for this purpose allotted structures.

Examples of this association are already Vietnam, Yemen and there can be in the future reunification of Korea, Ireland, Azerbaijan, also Kosovo with Albania, as the uniform Albanian nation with adjacent borders, but taking into account interests and the rights of the Serbians who are compactly living there with Serbia. Other fresh example it is possible to bring association in the future of the Ossetia people Southern and Northern Ossetia into the uniform state Ossetia. In this case will win, on the one hand, the people uniting in the uniform nation, divided by adjacent borders because of historical events, and, on the other hand, and the states with accommodation of territorially divided nations.

In the absence of the new article the level of the international law from the UN, in my opinion, will be published in the Charter of the UN and the above-stated uniform approaches to these international problems as a paradox, the nations repeating for one and too dozens of the independent states.

And bloody long wars of people of the world, up to world, and existence of the criminally centers will be their investigation as shows time.

The author of article advises the authorities of the countries accepting numerous immigrants not to occupy them compactly on one nation, on the example of Chinese in the Siberian region of Russia that will bring in the future to their rights for repeated national self-government. As an example, Kosovo for Albanians in the presence of their Albania, and Nagorno-Karabakh of Azerbaijan for Armenians at Armenia.

Besides, compact accommodation of immigrants does not allow them on time to be integrated into life of society and into the culture of the hospitable country.

So, the mankind and the UN are faced by a dilemma: to be to the new article “About the Rights of the Nations for Self-determination” in the Charter of the UN for emergence peaceful manners of the new sovereign states, it is concrete for the nations which did not gain independence for today, at the level of disintegration of empires and countries, or to be to wars any level, up to nuclear world, for revival of ancient and modern empires with their colonial manners in the 21st century?

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