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UN Human Rights Treaty Bodies Reforms: From Shuffling the Cards to Performing Global Constitutionalism

Dr. Nafees Ahmad

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The October-November 2017 are the delineating and defining months that present a constitutional moment in the pilgrimage of human rights when some human rights bodies of global and regional visage will sit in judgement at Geneva in Switzerland to assess the degree of States’ compliance with their human rights obligations through the States’ reports, civil society groups’ submissions, country visits, stakeholders’ hearings, webinars, individual representations and conference presentations.

Five UN Human Rights Treaty Bodies (HRTBs) are going to have their meetings throughout October 2017 to have stock-check of States’ observance with their HRTBs mandate on ICCPR-1966, ICESCR-1966, CEDAW-1979, CAT-1984, and CRC-1989. UN Human Rights Council (UNHRC) and its Social Forum will be in session and UNHRC will organize Seminars, Working Group Discussions and Thematic Panel Discussions on international human rights issues like refugees, migrants, displaced persons, climate change, transnational corporations, prevention of torture, custodial violence, fair trial guarantee, and gender justice and rights. At the regional level, the European Committee on Social Rights (ECSR), European Court of Human Rights (ECtHR), Inter-American Commission of Human Rights (IACHR) and Inter-American Court of Human Rights (IACtHR) will have their sessions too.

There are numerous bodies established under the UN Charter for promoting and monitoring compliance with international human rights, namely; the UN Human Rights Council, the Office of the High Commissioner for Human Rights, and the High Commissioner for Human Rights, the Security Council (UNSC), the General Assembly (UNGA), the Secretariat (and the Secretary-General), and the International Court of Justice. Of these, the UN Human Rights Council and the Office of the High Commissioner for Human Rights are the most active in enforcing and monitoring compliance with international human rights. UN System is a Charter-based bodies system that seeks to uphold international human rights in general; while UN  Human rights Treaty Bodies (HRTBs) address compliance with human rights in the particular human rights treaty under which they were established. Primarily, the UN human rights system is composed of two kinds of bodies; (a) Charter-based Bodies that includes the Human Rights Council and its subsidiary mechanisms and thematic mandate holder (e.g., the Human Rights Expert Mechanism on the Rights of Indigenous Peoples; Special Rapporteur on the Situation of Fundamental Freedoms of Indigenous People and Human Rights. However, Treaty Bodies – created under the international human rights treaties and made up of independent experts that have the mandate to monitor States parties’ compliance with their treaty obligations.

Therefore, the United Nations (UN) Human Rights Treaty Bodies (HRTBs) are the substratum of global human rights framework whereunder the human rights commitments, and convictions of the national governments are accounted for implementation. The HRTBs system is a synthesis of ideality and reality based on dreams and desires of humanity and ideals and practical realization of fundamental purposes and core principles of the UN Charter. The HRTB system is an unprecedented attainment of the common good in the history of global gratification for human rights beyond the multitude of geopolitical structures in all the countries. The system of HRTBs stands at the heart of the international protection framework for human rights that translate the global standards, universal norms, and democracy of judicial remedies into affirmative action, the primacy of individual development, communitarian and collective welfare of the humanity. The HRTBs mechanism is a budding and promising contrivance that provides authoritative roadmap on human rights standards, makes recommendations how human rights treaties are invoked and applied in specific cases, and apprises the High Contracting parties of what they must do to make sure that all people are free and equal and enjoy the full realization of human rights.

But, there is a pivotal question as to what extent these HRTBs have been pragmatic in accomplishing the global vision of a world wedded with human rights from textual literalism to transformative functionalism that remains to be seen? Therefore, the UN Member-States (UNMS) contemplated and concluded a State-Led Reform Process (SLRP) to strengthen and enhance the effective functioning of the HRTBs system by adopting the Resolution 68/268 in the UN General Assembly on 9 April 2014. Thus, the SLRP is armed with the architecture of ten Expert Committees entrusted with the responsibility to monitor the enforcement of the obligations in the UNMS enunciated under the core human rights treaties with the additional protocols thereto. Primarily, the SLRP process has started by the states to appreciate the objections to fundamental countenances of the HRTBs’ work to surpass the current reform endeavours initiated by the UNHCHR (United Nations High Commissioner for Human Rights). Despite the fact that HRTBs reform process ill-starred but its Final Resolution mostly sidesteps the adverse corollaries for their autonomy and independence and makes significant changes that are bound to affect their work in the long run. Nevertheless, there is a need to do a lot to enhance the efficacy of HRTBs in protecting, promoting, and preserving the human rights for all.

HRTBs: Realizations and Contestations

The HRTBs is an integral constituent of international human rights system that ensures the protection by doing an independent and impartial assessment of compliance and enforcement thresholds of human rights obligations on the part of high contracting parties. The HRTBs personnel contacts, coordinate, and conduct negotiations with plenipotentiaries of the high contracting states during Public Review of Periodic Reports of the states regarding implementation of the international human rights treaties in their respective jurisdictions. They also make public and publish all conclusions and recommendations based on the progress achieved by the countries in their human rights obligations. They come to decisions on individual and collective cases of human rights alleged violations, monitor the human rights and offer general comments interpreting the scope of the human rights commitments. The HRTBs outcomes are important to national governments, HRDs (Human Rights Defenders), NHRIs (National Human Rights Institutions), and NGOs (Non-Governmental Organizations) who provide and share the information to HRTBs and cite their conclusions, findings, and recommendations in their reports. The HRTBs also disseminate the work of UN-UPR (UN-Universal Periodic Review), UNHRC (UN Human Rights Council), UN Special Procedures, Academics, and the Courts at national, regional and international levels.

Nevertheless, HRTBs are confronted with considerable impediments in their efficacy and primacy in the absence of compelling machinery to implement the human rights mandate in the UNMS. The treaty obligations both substantive and procedural must be implemented by ensuring the conformity with human rights treaty standards inter-alia compliance of the HRTBs recommendations and submission of reports respectively. However, the majority of the UNMS and states parties to international human rights treaties do not submit their reports on time, and few of them do not report at all to UNHRC. But some states do prepare remarkable reports with the help of their domestic human rights expertise, internal HRDs and other stakeholders and countries also try to ensure significant implementation of HRTBs findings with varying degrees. The emplacement of four new HRTBs in the last ten years has posed a new set of challenges that include their ratification and mounting reporting. As of now, the HRTBs did not receive sufficient resources and wherewithal to monitor and regulate their slow functioning in disposing of backlogs of reports and communications. HRTBs experts are under tremendous pressure due to the mounting workload that strains their efficiency and efficacy. These experts and consultants are nominated and elected by the states parties to the human treaties. They are not paid and serve on the HRTBs in their personal capacities without getting adequate support from the Office of the OHCHR (UN High Commissioner for Human Rights). Therefore, the administrative functionalism in the HRTBs structure does not conform to the global standards that made it cynical and indifferent.

HRTBs Reform Peregrination

Having recognized these challenges, the Human Rights Treaty Body reforms have been initiated in 2009 by the UN High Commissioner for Human Rights Navi Pillay as a cycle of consultations involving the entire stakeholders to strengthen the HRTBs that has come to known as Dublin Process. These plans triggered significant ruminations among the present and past HRTBs academics, consultants, experts, NGOs, NHRIs, UNMS, UN Secretariat and other UN bodies. The Dublin Process completed its mandate in 2011, but a group of States led by Russian Federation raised objections that impugned process had not adequately addressed the concerns of many stakeholders. Consequently, the group successfully pushed the UN General Assembly to start the inter-governmental process based on SLRP structure. Therefore, UN General Assembly adopted a resolution in February 2012 whereunder process was created that was supported by the eighty-five States and sixty-six States abstained including the US from voting. On the Dublin Process, the UN High Commissioner for Human Rights published her report in July 2012 and negotiations had started among the States and stakeholders including international civil society institutions and organizations. Consequently, in February 2014 States brokered an agreement that was adopted by the UNGA in April 2014 as a formal resolution.

The Aftermath of the SLRP

The Dublin Process intended to secure the maximum threshold of States compliance with their obligations about reporting and meeting to facilitate the HRTBs to review the UNMS reports in an agreed and stipulated time frame. The High Commissioner for Human Rights has mooted a proposal of adopting the mandatory Master Calendar to ensure the compliance of the States parties to the human rights treaties on every five years, but many States has resisted that. If accepted, the impugned proposal would have doubled the meeting time of the States parties to the human rights treaties, but during SLRP negotiations States raised legal, pecuniary and feasibility challenges and, ultimately, it resulted in a fiasco. Even so, the SLRP has increased the meeting time of the HRTBs by more than 20% during 2012-2015. The average workload of each HRTBs has been determined every two years based on a formula so that there would not be any arrear or accumulation of cases at the cost of other functions and priorities.

Even though the Resolution enhances the HRTBs meeting time, but it does not considerably enhance the total amount of resources reserved for HRTBs. The UN regular budget covers the global funding needs of the OHCHR at a rate of 40 percent approximately. The residue is covered by voluntary contributions from UNMS and other donors. The UN regular budget, approved by the UNGA every two years, is paid by the “assessed contributions” from each Member State that are decided and determined according to a formula that takes into account the size and strength of their respective national economies. The UN’s regular budget should finance all activities mandated by the General Assembly and its subsidiary organs, including the HRC. Further, on an annual basis, the resolution makes provision for creating a capacity-building programme under OHCHR that assists the States upon their request to salvage their problems.

Harmonization of Procedures and Methodologies

The UNHRC’s report impressed upon the HRTBs to harmonize their procedures and methodologies so that their working could be improved. The SLRP or Cross Regional Group (CRG) led by Russian Federation alleged that HRTBs had exceeded treaty briefs in their style of functioning, intangible methods, indulged in political castigation of States and allowing to reference information culled from the civil society institutions like NGOs, etc. Moreover, HRTBs officials resorting to iconoclastic and innovative techniques in developing new procedures to ascribe the States’ policies, general comments, recommendations and enforcement thereof. Consequently, states impressed upon the UNGA to insist on changes to the procedures of the HRTBs and to ensure bigger obsequiousness and primacy to the views of the States. However, many States asked for self-regulation on the part of HRTBs precisely to guarantee impartiality, independence, and honesty in their functions and operations.

The intergovernmental process or SLRP vouches for UN High Commissioner for Human Rights’ proposed procedural reforms whereunder HRTBs are required to harmonize their procedures. SLRP impressed upon the HRTBs that they must conform to their Mandate and respect the positions of the state parties. Therefore, in achieving the larger harmonization, the resolution called for empowering HRTBs’ Chairs to take procedural decisions incommensurate with their prior deliberations with the fellow experts. Thus, the HRTBs’ Chairs have started the deliberations and discussions in this connection. At one fell swoop, the resolution does not put HRTBs member states in a supervisory control position over the HRTBs experts in ways that could have critically cast a shadow upon their inspection of States’ performance in preserving, promoting, and protecting the human rights. However, the resolution does not support a polemical proposal of CRG that contemplated a Code of Conduct for HRTBs experts while ensuring their accountability under a mechanism. As an alternative, it urges the HRTBs to review their Self-Regulatory Guidelines (SRGs) on accountability and independence while keeping in view the States’ concerns.

Improving the Execution and Openness

There is a requirement of enhancing, improving the existing threshold of execution and implementation of HRTBs with transparency in conformity with UN High Commissioner’s objectives to ensure the high quality reporting and enforcing the HRTBs’ recommendations in the municipal jurisdictions of the States parties. However, UNGA Resolution makes a sporadic mention that States to emplace “standing national reporting and coordination mechanisms” to compile reports in consultation with civil society institutions, NGOs, non-state actors and all stakeholders while appreciating and monitoring the HRTBs work and recommendations and their implementation. On the issue of accessibility and openness, UN High Commissioner advocated their enhancement and reflection in the functioning and operations of HRTBs. Further, UNGA Resolution envisages the UN webcasting of HRTBs meetings but, unfortunately, it has been perceived as rhetoric leaving it to OHCHR to arrange its funding. Moreover, it has also recommended that HRTBs should stipulate word limitations to reports and representations made by the NGOs and other civil society groups just to rationalize the cost incurrences. Similarly, UNGA Resolution begs off to entertain the recommendations of the UN High Commissioner regarding promotion and selection of HRTBs experts and consultants.

Conclusion

The ratification of human rights declarations, treaties, and optional protocols must be mobilized on the largest scale to improve upon human rights protection at all levels of nation-states, regional arrangements, and global commitments. Simultaneously, national constitutions, national legislations, public policies and lego-institutional response structure must conform to the HRTBs system. There are many challenges confronting the HRTBs like overstraining of resources due to the proliferation of human rights treaty bodies, States parties reluctance and irregularity in reporting, and mounting individual communications. However, there are some States both from developed and developing a world that is entirely compliant with their reporting obligations, but there is a backlog of reports with the HRTBs. However, if all the States parties start reporting in a disciplined manner and well-stipulated timeframe, HRTBs system might collapse as it is not well-equipped to handle the entire gamut of reporting submissions. The UNGA Resolution 68/268 has been adopted to reflect upon and strengthen the HRTBs system.

It is aptly be put forward that UN General Assembly has been attending, appreciating and addressing many of the HRTBs concerns regarding resources, functioning, and operations but much remain to be tackled to make HRTBs stronger and stouter in responding to emerging human rights violations. UNGA resolution seeks to make HRTBs system more sustainable and sturdier without incurring further UN resources while making optimum utilization of enhanced meeting time slots. However, the requirement for more resources would occur in future owing to the sustainability apprehensions and anxieties as there would be mounting workload of HRTBs disproportionate to the limits of the volunteer experts’ capacity. Thus, rights-holders and stakeholders of the HRTBs must be central to any review of the HRTBs system.

Therefore, currently contemplated reform agenda is insufficient and intangible to meet these challenges posed by the HRTBs. In a nutshell, all stakeholders to the HRTBs structure must pursue the substantive objectives identified in the Dublin Process along with UN High Commissioner’s Report. Hence, the visibility of HRTBs to larger public must significantly be enhanced, reporting quality and regularity of State reports submissions must be increased, proactive implementation of recommendations of the HRTBs, and strengthening the efficacy of HRTBs membership while upholding the accessibility, accountability, independence and transparency of the HRTBs system to all the stakeholders and civil society groups. HRTBs require these indispensable, inevitable and inescapable changes so that HRTBs could make a greater contribution to the protection, preservation, and promotion of human rights and civil liberties across the world.

Ph. D., LL.M, Faculty of Legal Studies, South Asian University (SAARC)-New Delhi, Nafees Ahmad is an Indian national who holds a Doctorate (Ph.D.) in International Refugee Law and Human Rights. Author teaches and writes on International Forced Migrations, Climate Change Refugees & Human Displacement Refugee, Policy, Asylum, Durable Solutions and Extradition Issus. He conducted research on Internally Displaced Persons (IDPs) from Jammu & Kashmir and North-East Region in India and has worked with several research scholars from US, UK and India and consulted with several research institutions and NGO’s in the area of human displacement and forced migration. He has introduced a new Program called Comparative Constitutional Law of SAARC Nations for LLM along with International Human Rights, International Humanitarian Law and International Refugee Law & Forced Migration Studies. He has been serving since 2010 as Senior Visiting Faculty to World Learning (WL)-India under the India-Health and Human Rights Program organized by the World Learning, 1 Kipling Road, Brattleboro VT-05302, USA for Fall & Spring Semesters Batches of US Students by its School for International Training (SIT Study Abroad) in New Delhi-INDIA nafeestarana[at]gmail.com,drnafeesahmad[at]sau.ac.in

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International Law

The UN reforms are required to make it functional

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Today, the world we live in has become more unpredictable, insecure, and exposed to more vulnerability. Geopolitics is changing rapidly, new problems are often emerging, while old issues remained unresolved. Humankind is under threats and challenges; some of them might be natural disasters, like Earthquakes, Floods, Fires, Valconos, Pandemic, etc. But most of the difficulties and problems are man-made, creation of some powerful countries, the result of over-ambitions, greed, expansionism, biases and jealousy. Big and more muscular countries are keeping eyes on the natural resources of small and weaker nations, etc.

In 1945, the United Nations was established to replace the League of Nations. Because the League of Nations was unable to solve most of the problems faced by the world, unable to resolve conflicts and wars, unable to protect human lives, unable to maintain justice and equality, the failure of achieving objects, the League of Nations was dissolved, and UN was established.

The UN was established with the following four objectives:

Maintaining worldwide peace and security

Developing relations among nations

Fostering cooperation between nations in order to solve economic, social, cultural, or humanitarian international problems

Providing a forum for bringing countries together to meet the UN’s purposes and goals

UN Charter was written by very professionals and experts in their own fields. The Charter is comprehensive and based on many considerations, satisfying almost the needs of nearly everyone at that time. Considering the disaster of the Second World war, the Charter was considered a most appropriate document to address practically all concerns.

The UN has been functioning since 1945 and ready to celebrate its 75th anniversary soon. At this moment, if we look at the performance of the UN, there are many things one can mention as achievements or in the UN’s credit. No doubt, in the early days of the Establishment of the UN, the objectives achieved were rated quite well. However, over time, the UN was politicized, and some of the countries, who were a major donor to UN contribution, were using the UN and its structures to achieve their political objectives. They were misusing the UN platform to coerce some other nations or using UN umbrella to achieve political of economic goals by harming other nations. On the other hand, geopolitics became so complicated and complex that the existing structure of the UN is unable to meet the challenges of the modern world.

Just, for example, Afghan is under war for the last four decades, people are being killed in routine matters, foreign intervention caused the loss of precious lives and economic disaster to people of Afghanistan. Iraq war, Libya War, Syria war, Yemen War, the situation in Ethiopia, Burkina Faso, Venezuela, Ukraine, somewhat more complicated conflict among the U.S., Iran, Israel, and the Persian Gulf, U.S.-North Korea tussle, and Kashmir, all are remained unresolved under the current structure of the UN.

Should we remain silent spectators and keep the status quo, and let the humankind suffer more? Should we justify ourselves as helpless and let the more powerful kills more human beings? Should we remain in isolation and keep our self busy with our own interests? Should we compromise with our conscious? Should we ignore our inner voice? Should we prove ourselves as innocent and not responsible such crimes committed by someone else?

Think and thing smartly, and consider yourself in the same situation and a victim, what we should be expecting from other nations, the international community, and the UN. We must do the same thing to meet the expectations of the victims.

The UN is unable to achieve its objectives with the current structure; the reforms are inevitable. We must strengthen the UN and transform the current dysfunctional UN to a more effective UN, which should satisfy the core issues of all nations. Africa is a major continent, and facing many challenges, but have no say in the UN; there is no single country from Africa in the Security Council of the UN as a permanent member having veto power. The Muslim world, having an estimated population of two billion, every fourth person in this world is a Muslim, there are 57 independent sovereign countries as member f the UN,m but no voice in the UN, no permanent member of UNSC, no veto power, who will protect their rights and who will look after their interests. Should they remain at the mercy of the current five permanent members of the UNSC?

Some countries are rebellious to the UN; some states are defaulter of the UN, and not implementing the resolutions passed by UNSC. Some countries have bypassed the UN and imposed war or sanctions on other nations. They must be held responsible for their acts, the UN should kick such countries out of the UN, and their membership may be suspended or cancelled.

It is time to introduce, comprehensive reforms in the UN, to address all issues faced by today’s modern, complex and rather complicated world. An appropriate representation of all nations, groups, ethnicity or religion should be ensured. The UN has a heavy responsibility, deserve more budgets, more powers and needed to be strengthened further.

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International Law

Coronavirus Shaping The Contours Of The Modern World

Nageen Ashraf

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Globalization vs. Protectionism:

Globalization means the movement of ideas, products, technology, and people across borders and different cultures. It is a multi-dimensional phenomenon. It has social, cultural, economic, political and legal aspects. Globalization has made the world a global village and talks about co-operation and interdependence. Protectionism, on the other hand, is the restriction of movement of goods and products across borders to protect the national industries and economy. The major goal of protectionism is to boost up national economy, but protectionist measures can also be applied for security purposes. So, we can say that protectionists are basically anti-globalists and prefer domestic strength as compared to foreign co-operation.

Protectionism and Covid-19

Globalization has made the world so interdependent and interconnected that any economic or political change in one state creates a domino effect and influence many other states. For the pandemic, most states were initially blaming China, but as it slowly healed and the pandemic caused more devastating impacts in the western states, more fingers are pointing towards globalization. Multiple narratives are building regarding globalization where protectionists finally got a chance to prove how right they were all along.

Globalization not only played a vital role in the spread of this epidemic, it also made the economic crisis go global by affecting the supply chains. An epidemic that affected a single city in Dec, 2019, grew to become a pandemic affecting almost every state in the world through movement of people and goods. States that adopted strict measures and restricted the movement of people, have relatively less cases of corona virus as compared to other states. The worst impacts of corona virus so far can be seen in USA where New York City was initially the epicenter.

New York City is definitely one of the most crowded cities in the world where daily, thousands of people move in and out for various purposes. This could be one of the reasons of such devastating impacts of corona in NYC because the free circulation of people and goods allowed the virus to spread exponentially. On the other hand, if we talk about African continent, where most states are under developed, and the movement of people in and out of the continent is very less as compared to Europe and Americas, reported cases of corona virus are very low. As of Sep 11, 2020, in the whole continent, the highest number of corona cases is in South Africa, with a count of642k as compared to USA’s count of 6.49m. This provides evidence that movement of people played a vital role in the spread of this virus and movement of people has increased a lot since the rise of globalization.

Critiques of globalization also argue that globalization is to be blamed for an epidemic that spread across borders and will soon plunge the whole world into recession. Interdependence because of globalization has made the world more vulnerable to such situations. For instance, China is one of the biggest markets in the world that exports antibiotics and telecommunications and remains an important part of most of the global supply chains. Half of the world’s surgical masks were made by China, even before pandemic. So, when the pandemic struck Wuhan, China, the supplies from China to the rest of the world affected many states that were dependent on China, and they ran out of important pharmaceutical inputs. Even the developed states like France ran out of medical masks and had to suffer because of lack of important medical equipment. This reveals the cost of such deeply interconnected global supply chains that create a domino effect.

Is Globalization ending?

Globalization has made the world a global village and undoubtedly facilitated the free movement of people, goods, ideas, cultures, information, and technology across borders. But on the other hand, it has also played a major role in the spread of diseases and has made states vulnerable to unexpected shocks. Globalists also believe that the medical or health consequences of corona would prove less destructive if states work together instead of working separately for the vaccine, as a competition. Adopting the nationalist or isolationist approach during the pandemic would crash the international economy and further increase the tensions. As the protectionists suggest, if we’d continue to protect only our national economies and keep on putting barriers on international trade, the national recession would soon turn into a global depression, as happened in 1930’s.Timely economic recovery is only possible through global cooperation.

 I think that the threat of Covid-19 has created an extraordinary situation. Originating from Asia, and then causing millions of deaths all around the globe, the blame on globalization is legitimate. Most of the states in the world rely on their tourism revenue that has been affected badly due to corona virus. For instance, Saudi Authorities decided to cancel Hajj because of growing pandemic, and the impact on KSA’s economy would be dramatic. Similarly, Japan is one of the states that depend highly on tourism revenue from Chinese tourists and travel restrictions have caused severe losses. We have also seen how the supply chains are affected just because one of the major producers (China) was badly hit by the virus. Globalization seems to have conquered the world so there is no way that it can be avoided completely. However, after the pandemic, there might be a little change in the world order regarding high interdependency. States that were mostly dependent on China for their important supplies might try to produce the supplies on their own and prioritize their domestic industries over foreign industries because of the consequences they had to bear during the pandemic. Similarly, travel bans will surely be removed but people might hesitate to cross borders and move freely because there will be awareness regarding the risks related to free movement. So, I think that the pandemic has highlighted some backlashes in globalization, but it doesn’t mean that globalization has failed. We can say that it is fragile, despite or even because of its benefits.

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Explaining the Durability of the Cold War System and its Sudden End

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Courtesy of the outcome of the Second World War, the Soviet Union and the US emerged as the two superpowers. Allies in the second world war, after the defeat of Germany, and the subsequent end of the war, the alliance between the USSR and the US was short lived, and soon found themselves competing with each other. Devastated and in tatters, Europe once again became the battle ground – this time between the two superpowers who viewed Europe as the focal point to global domination.

As a result of the rivalry, the world was divided into two superpower blocs: one the US led capitalist bloc comprising of the West European States, and the Soviet Union led communist bloc comprising of Eastern European nations. As Kenneth Waltz posited an order with a stable bipolarity. And so, the period from 1946 until the end of the Cold War marked an intense hostility between the two superpowers. Although, no direct confrontation occurred between the two great powers, the period was characterized by space, arms and ideological race but most importantly, the race for global domination. 

Development of the Cold War

Ideology

Ideologically, there was a divide between the Soviets and the Americans. The capitalist US and its allies, and the communist Soviet bloc,were involved in an ideological confrontation regarding post-war configuration of Europe and the world. Here, in the ideological battle, the USSR wanted to spread communism whereas the US foreign policy (which had changed from isolationism to interventionism) was centred around its containment. This ideological confrontation meant that the ideological divide endured.

Domestic Political Structure

In the Soviet Union, there existed the lack of separation of power and the Soviet Leader Stalin was unchecked with his exercise of power which meant he could pursue whatever policy he saw fit and other domestic variables had no roles in restraining him. On the contrary, unlike Stalin, American President faced a disgruntled and hostile Congress, and in order to appease the Republican dominated Congress, President Truman was forced to change his policy towards the Soviet Union. He brought the now famous and a piece of masterstroke – The Truman Doctrine – to contain Soviet expansionism all over the world. This further divided the US and the Soviet leaders.

Role of Decision Makers

On one hand, after the arrival of President Truman in the Oval Office, he was more open to aggressive policy recommendation from his policy-advisors. He put into effect several hostile policies targeting the USSR. Among others was the discontinuation of indemnification to the Soviet Union from Western part of Germany. Likewise, aid assistance to Greece and Turkey at a time of communist uprising also didn’t bode well with Moscow. On the other hand, Stalin played a monumental role of his own on the evolution of the Cold War. He considered Capitalism antithetical to his communist beliefs. Additionally, his actions showed he was just as willing to expand Soviet grip outside Eastern Europe – his support of communist uprising in Turkey and Greece as well as Soviet action in the Turkish Strait crisis is a testament to this. Not to mention, Stalin’s support of the North Korean regime to attack its southern neighbour South Korea. In sum, both the leaders in the US and Soviet Union contributed more or less equally to the development of Cold War.

Durability of the Cold War 

Neorealist interpretation

According to Kenneth Waltz, an anarchic international system is stable if no changes occur in the system’s configuration. He has contended that in a world of bipolarity, two superpowers do not rely on their allies for economic and for material firepower. In such a system, whenever there occurs any disproportionate equilibrium in the system, both powers balance each other by virtue of internal balancing by relying on their own economic and military capabilities. And so, by this logic, it can be argued that a bipolar configuration of the international system is stable. In a bipolar setting, prime example being the Cold War, there was a clear delineation of friends and enemies. In this regard, the US was a threat to the USSR and vice-versa. This explains why, in the due course of the Cold War, when China and France acted on their own conscience, it didn’t destabilize the Cold War system. Similarly, in bipolarity, when there is an apparent conflict or a war looming anywhere around the world, it becomes a matter of prime importance to both the parties because by virtue of realism, the international system is a zero-sum game with binary outcome: either gains or losses. And so, bipolar system is also characterized by prompt response to unforeseen events. In a system of bipolarity, superpowers devise strategy keeping in consideration their material capability and self-interests, therefore, chances of uncertain actions and miscalculations are minimal, giving rise to the stability of bipolar system. In sum, Waltz posits bipolar system as the most stable in international politics which explains the Cold War durability. (The theory of International Politics by Kenneth Waltz)

Nuclear Weapons

Mostly, realist scholars have maintained the position that nuclear weapons contributed to the durability of the Cold War. They argue that it was the nuclear capability on both sides that deterred them from any major confrontation. According to Robert Jervis, nuclear weapon changed the dynamics of warfare. Equipped with most advanced of military technology, nuclear weapons have precision striking capability second to none. He posits that because nuclear weapons have Mutually Assured Destruction, it almost certainly guarantees that all parties to a nuclear war would be destroyed. With these things under consideration, from Jervis’ perspective, nuclear weapons provided nuclear deterrence and thus superpower war was averted. Likewise, structural realists, Waltz and Mearsheimer have also argued that the proliferation of nuclear arsenal became an instrument in preserving the stability of the Cold War system and they contend that further proliferation of nuclear weapons would make the international system more stable.

Economy

According to John Mueller, the world had seen two destructive wars and states had experienced the economic impacts and costs associated, not to mention the loss of life and property inflicted by the wars. Aftermath the Second World War, Europe was completely devastated and their economic revival needed assistance from the US. He contends that states had learnt the bitter lesson and this realization that wars are unworthy changed states perception towards great power conflict and thus, the cold war became durable.

End of Cold War

In the latter stages of the Cold War, United States was economically, politically and militarily more in a better position than the Soviet Union. According to structural realists, Reagan administration’s decision to increase military budget put pressure on the USSR to be in the arms race. This increasingly pressurized Soviet Union’s already strained economy which had significant investment in their military budget. It could be said that at a time when the US were making leaps and bounds in technology and funnelling more money in techno-military research and development, Soviet economy headed towards downward spiral.

Liberal scholars have focused the end of the Cold War on the easing of heated tensions and hostility between the two superpowers. As a result, people’s movement to the USSR increased and in due course of time the liberal norms also spread among the domestic public in the Soviet Union. Likewise, dialogues and meetings saw landmark agreements towards control of arms race. prime example being the SALT I and SALT II agreements. Similarly, the US perception of USS under Gorbachev changed from hostile communist state to “normal social democratic great power”. In addition, from the perspective of individual leader, Gorbachev also played influential role, among others, he made several changes in the Soviet Foreign Policy stemming from progressive appointments in key positions in the ministry. His pursue of foreign policy slowly transformed Soviet image abroad. Agreement with Reagan on the Intermediate-Range Nuclear Forces Treaty (INF Treaty) showed Gorbachev’s commitment to ending arms race.

Thus, on account, it can be argued that economic woes, lagging behind in the advancement of science and technology and arms race coupled with the spread of liberal norms and the progressive role by Gorbachev resulted in the end of the Cold War.

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