International Bibliographic Index (IBI)

[Wu Han]

Title: Constructing International Law: Contributions and Contradictions of the Security Council
Author(s): Demartino, Alessia

Published: Harat: University of Harat Press
Year: 5402
Language(s): Gziri (original); multiple translations.
Physical Details: 389 p.
Subjects: Non-fiction; political theory; international law.
Wiki Page: N/A.

Summary: In Constructing International Law, Cildanian political scientist and international legal theorist Alessia Demartino examines the construction of international law, particularly as through the actions taken, and norms promoted, by the World Congress Security Council. In surveying the body of active Security Council Resolutions, Demartino argues that the Security Council is the single most important and influential institution in the development of international law and global political norms.

The most notable positive contributions of the World Congress and the Security Council, according to Demartino, include the Declaration of Natural Human Rights (Appendix I), the Condemnation of Anti-Religion Bigotry (Appendix II), the Ban on Armed Conflict Between States (Appendix III), and the Prohibition of Forced Marriage (Appendix IV), among other important developments. Security Council Resolution 88 (Appendix V) is particularly important, according to Demartino, as it offers the "clearest and most authoritative declaration of what the role of the World Congress is, and should be," while also enshrining the norms of state sovereignty and non-interference at the highest order of international law.

Nevertheless, Demartino identifies a number of issues and contradictions. Importantly, Demartino argues that the legal status of the World Congress, the Security Council, and its resolutions, remains vague—what resolutions are binding? What resolutions are non-binding? What status do resolutions hold relative to global treaties? How are agencies funded? How are they organized? Who directs them, and how are they appointed? All these questions—and more, as Demartino suggests—are important to resolve for future development and clarification of the World Congress system.

Leaving these issues unresolved, while also permitting the unhindered proliferation of new organizations, agencies, and mandates within the World Congress system, has led to “institutional malaise," for though “the Security Council is well-equipped to enforce norms, particularly though punitive acts which only it can legally undertake (Appendix III), [it is] less well-equipped to promote norm adoption through peaceful means.” In other words, while the SC is experienced and able when it comes to military interventions in order to enforce certain norms (and the overwhelming majority of Security Council Resolutions affirms this), it has much less institutional expertise or organization when it comes to other dimensions of norm promotion, such as through developmental programs, aid agencies, legal bodies, etc. Despite past efforts, these areas of the World Congress system remain under- or entirely undeveloped.

Demartino concludes her book by arguing that, on the basis of automatic state membership in the World Congress, the World Congress system represents a uniquely universal terrain for legal contestation, diplomacy, and the overall advancement of global governance in a way which represents and respects the sovereignty and views of all the recognized nations of the world, and to which they are all equally accountable. What provides international law any means or mechanism for enforcement is the unique legal character of the Security Council, however the Security Council is primarily equipped for authorizing punitive actions, rather than resolving disputes through alternative and/or peaceful mechanisms. Demartino suggests that further reform, particularly as it relates to the development of the International Court of Justice, should focus on expanding alternative avenues for dispute resolution, and generally in promoting and enforcing international standards.

Notable Quotations: N/A

Appendix (OOC: references originally linked to are included in full here since they were on the PT Classic server):

I. Security Council Resolution 100: Declaration of Natural Human Rights

Recognizing that human rights should be promoted through cooperation and consensus, and not through confrontation and and the imposition of incompatible values, traditions, and cultures,Declaration of Natural Human Rights

Recognizing the diversity and richness of cultures and traditions in Terra,

Welcoming the preservation of these diverse cultures and traditions in every Terran nation,

Reaffirming our commitment to the Guiding Principles of the World Congress,

Recalling the Guiding Principles of the World Congress' affirmation of the sovereignty and territorial integrity of nations,

Also Recalling the Guiding Principles of the World Congress' affirmation of non-interference in the internal affairs of states,


Emphasizing the linkage and indivisibility of economic, social, cultural, civil and political rights,

Noting that all nations have the inherent right to development in a way that integrates and balances human rights with their individual circumstances,

Further Emphasizing that work toward the creation of uniform human rights norms must take into account the diversity and richness of cultures and traditions,

Convinced that development can lead to greater enjoyment and protection of human rights, as well as democracy,

Stressing the importance of education and training in human rights with respect to diverse and rich cultures and traditions at the international, national, and regional levels and the need for international cooperation to address these issues,

Mandates the following:

1. The World Congress recommits itself to Security Council Resolution 88: Guiding Principles of the World Congress and previous human rights resolutions;

2. Nations have the sovereign right to develop in any way they choose, which will allow them to enjoy and protect human rights, so long as they do not violate the sovereignty of other nations;

3. All nations must endeavor to respect one another and seek to address one another in a positive and non-confrontational manner;

4. Development assistance vital to the health of the nation that uses human rights as a conditionality should be discouraged;

5. National sovereignty and territorial integrity must be upheld, as well as non-interference in the internal affairs of states, and the non-use of human rights as an instrument of political pressure;

6. All countries have the right to determine their political systems, freely control and use their resources, and freely pursue their cultural, social, and economic development;

7. The World Congress recognizes that human rights cannot be applied in a way that is politicized or contains double-standards, and that no violation is justified for any nation;

8. Human rights must be informed by the various, diverse, and rich historical, cultural, traditional, and religious backgrounds and societies of states, as well as their economic conditions, and identified on the basis of international cooperation which can often be a dynamic and evolving process;

9. Human rights include economic, social, cultural, civil, and political rights with equal emphasis to all categories;

10. It is important for human rights to be guaranteed for vulnerable groups, including but not limited to ethnic, national, racial, religious, linguistic, social, and other minorities; migrant workers, persons with disabilities, indigenous peoples, refugees, persons who are displaced, persons below the poverty line, and women;

11. All peoples have the right to a government that is democratic, humane, and benevolent;

12. All peoples have the right to be treated equally under the law, no matter their station or condition in life;

13. All peoples have the right to freedom of conscience, thought, and religion;

14. All peoples have the right to life and safety;

15. All peoples have the right to property so long as it does not violate a person's right to life and safety;

16. All peoples have the right to freedom of speech and expression;

17. All peoples have the right to choose to do good and live the good life;

18. The elderly have the right to be supported by their children;

19. All peoples have the right to an education;

20. All peoples have the right to be treated with dignity and respect (what one does not want done unto themselves should not do unto others).

Yes: Yingdala; Likatonia; Vascania; Hutori; Jakania; Endralon; Dorvik
No:
Abstain: Telamon

(OOC: Originally written by Liu Che, published on Jul 25, 2020)

II. Security Council Resolution 103: Condemnation of Anti-Religion Bigotry

Appreciating that the freedom to practice one's own religion is vital to the functioning of a free society and the preservation of free speech,

Noting the unacceptability of anti-religious bigotry, as a form of inter-communal hatred and unnecessary division,

Agreeing that it is unbecoming and unjust for any government to enforce a ban on religious groupings that otherwise abide by the nation's legal system,

Recognising the recent enforcement of anti-religious laws in Kundrati, banning all forms of religion:

The Security Council must CONDEMN all forms of anti-religious bigotry and enforce diplomatic sanctions on the nations currently implementing legislation banning the practise of any and all religious beliefs. These sanctions are to be lifted on the condition of re-implementing the rights of citizens to practise religion.

Yes: Dorvik; Istalia; Telamon; Vascania
No:
Abstain: Valruzia

(OOC: Originally written by Pragma, published on Nov 05, 2020).

III. Security Council Resolution 110: Ban on Armed Conflict Between States

The Security Council,

Recalling that the World Congress was founded in order to bring about a more peaceful world,

Recognising that war and conflict of all kinds bring destruction and devastation whenever they take place,

Reaffirming the Guiding Principles of the World Congress enshrined in Security Council Resolution 88,

Prohibits all armed conflict between members of the World Congress except in cases of national self-defence;

Includes in this provision a prohibition on the threat of armed conflict being used for diplomatic purposes;

Provides for specific exceptions to this resolution with the explicit approval of the Security Council;

Mandates that special restrictions are placed on the Security Council in offering approval for such exceptions;

Decrees that these restrictions include the existence of a legitimate cause for war;

Decrees further that the decision of the Security Council must be unanimous, without a single objection from any member.

Yes: Liore; Selucia; Aldegar; Dankuk; Dorvik
No:
Abstain:

(OOC: Originally written by Jamescfm, published on Jan 15, 2021).

IV. Security Council Resolution 114: Prohibition of Forced Marriage

The Security Council,

Recognising that many people across the globe are forced into marriage against their will and without consent,

Affirming that forced marriage constitutes a violation of natural human rights as outlined in Security Council Resolution 100,

Understanding that forced marriage is a human rights issue that disproportionately impacts women and girls;

Resolves that forced marriage shall be prohibited for all World Congress member states;

Holds that all member states should take action against those who violate this prohibition, through diplomatic and economic means;

Directs the World Congress Human Rights Office to support member states in efforts to confront and eradicate forced marriage.

Yes: Aldegar; Dankuk; Endralon; Liore
No:
Abstain: Selucia

(OOC: Originally written by Jamescfm, published on Feb 15, 2021).

V. Security Council Resolution 88: Guiding Principles of the World Congress

RECALLING that the World Congress was established to serve as a body where nations could resolve their disputes peacefully;

KNOWING that the World Congress works best when it addresses global issues likes climate change, terrorism, and international crime, among others;

BELIEVING that every state in Terra is sovereign;

ESTABLISHES the following principles that guide the workings of the World Congress and its member states:

1. All states in Terra are sovereign and their territorial integrity must be maintained.

2. The World Congress shall not intervene in the affairs of other states on matters that do not concern international peace and security.

3. All states in Terra shall maintain a status of non-aggression toward one another and refrain from using the threat or use of force against another state in ways that are inconsistent with the purpose of the World Congress.

4. All states in Terra must refrain from interfering in one another's internal affairs.

5. The World Congress shall not intervene on areas considered to be part of the domestic jurisdiction of other states.

6. All states in Terra are equal and should endeavor to develop mutually beneficial relations with other states and discard the notion of a zero-sum game.

7. All states in Terra, regardless of regime type or government system, must seek to coexist peacefully.

Yes: Yingdala
No:
Abstain: Dorvik; Istalia; Hutori; Kazulia; Lourenne; Luthori; Vanuku

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Originally posted by Wu Han on Jan 31, 2024.