Legitimacy Deficit: Chinese Leadership at the United Nations

This paper examines the likelihood of China’s legitimation as the global hegemon during an era of relative U.S. decline. Using Rapkin’s (1990) legitimacy deficit framework, the author tests China’s prospects for international legitimacy through the analysis of Chinese leadership at the United Nations (UN). While China’s recent exponential increase in contributions to UN peacekeeping and the UN regular budget signal growing Chinese global leadership, their consistent focus on regional interests, as displayed in UN Security Council and UN General Assembly debate and discussion, indicates the absence of an internationally supported agenda. In concluding, this paper asserts that recent Chinese legitimation efforts through UN leadership have been stonewalled by an inability to provide an international agenda with globally held values and beliefs.     

Afraid of a ‘Kosovo Scenario’: A Disquieting Precedent for International Conflict Management

The UN Security Council Resolution 1244 (1999) represented an interim settlement that permitted conflict de-escalation while postponing the search for a lasting political solution. The final settlement should have been reached through negotiations between Belgrade and the Kosovo Albanians, and then endorsed by the UN Security Council, in accordance with the UN Resolution 1244 (1999). However, citing the ambiguity of the interim agreement and a deadlock in the negotiations, the United States and its allies recognized Kosovo's unilateral declaration of independence in February 2008, thereby allowing the Kosovo Albanians to defect from the peace process. Therefore, instead of an internationally endorsed negotiated outcome, there has been an attempt at a unilaterally enforced political settlement, in disregard for the authority of the UN Security Council, which had placed Kosovo under international administration. The subsequent involvement of the International Court of Justice has failed to resolve the contentious issues between Belgrade and Prishtina or bridge the international divide over Kosovo. Besides creating a troublesome legal precedent, the recognition of Kosovo represents a bad model for international conflict management. The issues of concern are the viability of future interim settlements, good faith negotiations and the legitimacy and guarantees provided by the international involvement, including the authority of the UN Security Council. Some parallels are drawn between Kosovo and other territorial disputes, particularly in the Caucasus, indicating how the Kosovo case could influence other conflicts.     

The UN Security Council,normative legitimacy and the challenge of specificity

ABSTRACT

This paper discusses how the general and abstract concept of legitimacy applies to international institutions, using the United Nations Security Council as an example. We argue that the evaluation of the Security Council’s legitimacy requires considering three significant and interrelated aspects: its purpose, competences, and procedural standards. We consider two possible interpretations of the Security Council’s purpose: on the one hand, maintaining peace and security, and, on the other, ensuring broader respect for human rights. Both of these purposes are minimally morally acceptable for legitimacy. Second, we distinguish between three different competences of the UNSC: 1) the decision-making competence, 2) the quasi-legislative competence, and 3) the referral competence. On this basis, we argue that different procedural standards are required to legitimise these competences, which leads to a more differentiated understanding of the Security Council’s legitimacy. While maintaining that the membership structure of the Council is a severe problem for its legitimacy, we suggest other procedural standards that can help to improve its overall legitimacy, which include broad transparency, deliberation, and the revisability of the very terms of accountability themselves.     

Performance accountability in the UN Secretariat – The conflictual way toward more flexibility

The article investigates accountability structures in the Secretariat of the United Nations (UN) by emphasizing the institutional design and the interaction between member states and Secretariat. Empirical findings indicate that reform endeavors toward a more performance‐based accountability in the UN Secretariat have fallen short. The article finds that mistrust between Secretariat and member states and among the member states themselves is predominantly responsible for the identified shortcomings and outlines how polarized the legislative organs – namely the member states – are. Evidently, a substantial concern of the countries represented in the G77 is that an empowerment of the Secretariat would ultimately lead to an empowerment of the influential donor countries and the permanent members of the Security Council. Consequently, the authors identify three main challenges that have to be handled in order to move toward a more performance oriented accountability structure: The creation of a trusting environment and strategic partnerships between the governing bodies, the further empowerment of senior managers, and a review of the current performance management system. Copyright © 2009 John Wiley & Sons, Ltd.     

Responsibility to Protect or Right to Punish?

Abstract

This essay argues that the new global regime of R2P bifurcates the international system between sovereign states whose citizens have political rights, and de facto trusteeship territories whose populations are seen as wards in need of external protection. Under the direction of the UN Security Council, the International Criminal Court has become an integral part of the international R2P regime by allowing for the legal normalization of certain types of violence (such as Western counterinsurgency efforts), while arbitrarily criminalizing the violence of other states as ‘genocide’. In place of this unequal global regime, the essay concludes by arguing for an internally-driven process of political reform and legal reconciliation, as pioneered in South Africa.     

The tenuous diplomacy of the Syrian conflict

International diplomacy with respect to the Syrian conflict has been episodic and generally ineffective. Greater engagement by the Syrian regime and the passage of UN Security Council Resolution 2254 in support of negotiations on Syria's political transition have improved prospects for a political solution. But the parties remain far apart on the role of Syrian President Bashar al-Assad in a political transition, and therefore still face a steep uphill climb.     

Rape and Sexual Violence as Torture and Genocide in the Decisions of International Tribunals: Transjudicial Networks and the Development of International Criminal Law

International criminal tribunals established by the UN Security Council in the 1990s have been widely acclaimed as active participants in the modern system of dynamic criminal justice. One of their best known achievements is the prosecution of rape and sexual assaults. The International Criminal Tribunal for the Former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) set an example for other tribunals to follow. By interpreting a variety of international laws, the community of international legal professionals has been able to shift the prevailing understanding of rape and sexual violence away from that of an “unfortunate byproducts of war.” Not only has the epistemic community of legal professionals been able to end impunity for these crimes, but case-law of international tribunals has become a basis for subsequent trials at quasi-international tribunals. Decisions of the tribunals have been instrumental in drafting the Statute of the International Criminal Court and can be regarded as an example of the formation of new international norms by means of judicial decisions.     

The Chechen Exception: Rethinking Russia's Human Rights Policy

Orthodox interpretations of human rights policies and practices in post-Soviet Russia are often construed by external critics through a historicist lens of tsarist and Soviet-era authoritarianism. Contemporary Russia's adherence to emerging international human rights norms is commonly judged in sole reference to its human rights disaster in Chechnya. In this article, we contest the notion that human rights abuses in Chechnya fully illustrate Russia's stance on international human rights. We suggest that Chechnya is the exception in the post-Soviet era, and that Russia has increasingly brought its human rights standards in line with the West. We use a historical comparative context as well as Russia's discursive response to NATO's intervention in Kosovo and its UN Security Council voting record as empirical evidence for our argument. ¹     

Towards a management renewal of the United Nations — Part II

In the first part of this article, the authors examined the historical and structural factors constraining the effectiveness of the Organization's capacity to carry out increasingly critical global mandates. In a second, concluding part of the article, the authors will suggest a strategy for UN reform and a process for carrying forward a ‘renewal exercise’ to equip the Organization for its role beyond the year 2000. Effective UN administrative reform, unlike so many previous attempts that were characterized by tinkering with its structure or taking isolated measures to improve performance, will require a comprehensive overhaul of, inter alia, the following: the professional management environment and culture, personnel, financial and supportive information management and technologies, the establishment of an effective oversight function and the development of operational management capabilities. The proposed post-50th anniversary ‘renewal exercise’ brings together the governmental, senior management and staff levels of the Organization, along with outside experts, to develop a long-term strategy and an integrated and practically implementable action plan for facilitating UN administrative reform. The exercise would also be guided by global experience and look to its success in charting the future by involving both member states and UN staff. Only such an approach will ensure that accountability for results is effectively in-built.     

Electronic Eyes on the Green Line: Surveillance by the United Nations Peacekeeping Force in Cyprus

The 1974 Cypriot War divided the island of Cyprus into two parts with a narrow demilitarized zone (DMZ) between the opposing Greek Cypriot and Turkish forces. The volatility and violence in this zone, called the ‘Green Line’, necessitated a constant UN peacekeeping presence that was achieved mainly with manned observation posts (OPs). About 150 of these posts were established by 1975 to maintain stability and prevent flare-ups, including any lethal exchanges between the two sides. By the early 1990s, many of the countries contributing peacekeepers to the United Nations Peacekeeping Force in Cyprus (UNFICYP) had become tired of the stalemate and the lack of progress in negotiations (peacemaking), so they withdrew their troops from the force. This necessitated a reduction in the number of constantly manned OPs from 51 in 1992 to 21 in mid-1993. Further downsizing of UNFICYP by the UN Security Council in 2004 gave rise to a new approach to monitor the DMZ and produce actionable intelligence. Cameras were installed in hot-spots in the Nicosia DMZ and more responsive patrols were introduced as part of the new ‘concentration with mobility’ concept. This was the first time a UN peace operation used unattended cameras to monitor a demilitarized zone. This article examines the UN's difficulties and successes using the remote cameras, especially during important incidents. Other technologies that aided UNFICYP are also reviewed for lessons that might assist an under-equipped United Nations in its watchkeeping function.     

Civil Society Perspectives on Humanitarian Intervention

This article explores the multiple roles played by civil society actors in relation to policy debates relating to whether to advocate or oppose humanitarian intervention under a variety of specific circumstances or in general. There is no consistent civil society viewpoint, but rather a range of disagreements relating to whether there exists a genuine imminent threat of humanitarian catastrophe, whether the political will exists to intervene in a manner that protects a threatened population, and whether a reliance on force for humanitarian ends should ever be supported in the absence of a mandate from the United Nations Security Council (UNSC). Most civil society voices prefer to assess each case on its own rather than to be for or against humanitarian intervention as a general proposition. A consensus would look favourably upon humanitarian intervention endorsed by the UNSC. The problems arise where such an endorsement is not obtainable. The NATO War of 1999 to safeguard the endangered Albanian population of Kosovo illustrates the positive case for humanitarian intervention as there appeared to be an imminent threat and there existed a sufficient political will to make it seem likely that an intervention could attain its goals. The absence of support from the UNSC in this instance was offset by the participation by the UN after the fact in the work of economic and political reconstruction, although the precedent set by this use of non-defensive force has kept the Kosovo undertaking controversial. In contrast to Kosovo, civil society actors throughout the world generally rejected the claimed humanitarian justifications for the Iraq War. At this time civil society is split on the question as to whether ever to encourage humanitarian intervention undertaken absent a green light in advance from the UN.     

国企改革30年的纷争焦点与深化改革的取向

我国国企改革伴随着激烈的理论争论走过了30年。2003年以后,我国新的国资管理体制逐步建立,国企调整改革的取向也发生了明显变化——向关键领域集中,整合重组,做强做大。由于地方国企与央企差异很大,特别是二者的战略地位完全不同,因此,其调整改革取向应当有很大差异。要使地方国企与央企沿着合理的差异化取向调整改革,就应当正确认识和调整国务院国资委的定位、合理确定地方国资委的地位、正确处理地方国资委与国务院国资委的关系。     

Risky business? Evaluating market risk of equity investment proposals to reform social security

A number of options have been proposed to address the expected financing shortfall of Social Security in the next century. Most basic aspects of the various reform proposals are captured by the three options offered by the Advisory Council on Social Security in 1996. Common to all three options is that they would permit either public or private equity investment. This article discusses the economic risks involved in public and private equity investments as a funding solution for Social Security. To quantify the risks involved in equity investment, stochastic simulations are based on the economic assumptions of the 1998 Trustees Report of Old Age and Survivors Insurance and Disability Insurance in combination with different assumptions about the rates of return on bonds and stocks. For public equity investment, financial market risk remains significant for at least 40 years. For individual accounts, I find that the chance of doing worse than with Social Security or of falling into poverty in retirement is generally high, yet varies with income level, gender, family status, and employment history. In general, women, married workers with dependent spouses, or workers with incomplete work histories fare worse than men, single workers, or workers with complete work histories when compared either to the current system or to the poverty line. © 2000 by the Association for Public Policy and Management.     

Fighting Amnesia: Ways to Uncover the Truth about Lebanon's Missing

¹After a 15-year conflict characterized by mass violations ofhuman rights, the Lebanese state and society have favored amnesiaover truth seeking. This has marginalized the victims, in particularthe relatives of thousands of missing or forcibly disappearedpersons. The 2007 decision by the UN Security Council to createa Special Tribunal for Lebanon (STL), tasked exclusively withtrying suspects in the assassination of former Prime MinisterRafik Hariri and other politically motivated assassinations,has fuelled perceptions of selective justice. This article outlinespossible strategies for taking advantage of changed circumstancesin Lebanon, including the future STL, in order to implementthe internationally guaranteed right to truth for families ofthe missing. The author examines recent regional practices and,drawing from the experiences of Morocco and Cyprus, argues thatgiven the strong constraints in Lebanon, the priority, at leastinitially, should be to establish the truth of what happenedand not the prosecution or even naming of culprits.     

Measuring and explaining regulatory reform in the EU: A time‐series analysis of eight sectors, 1984–2012

Over the last three decades, European Union regulation of the internal market has become highly pervasive, affecting practically all domains of European citizens' lives. Many studies have focused on understanding the process and causes of regulatory change, but with limited attempts to analyse the more general sources of regulatory reform. This article focuses on the determinants of stability and change in EU regulation. An original dataset of 169 pieces of legislation (regulations, directives and decisions) across eight different sectors is developed and the dynamics of regulatory reform in the EU are analysed. Using time‐series analysis of count data, evidence is found that the number of winning coalitions in the Council and the size of EU membership have a significant impact on regulatory reform in the EU. By contrast, the ideological composition of the EU's legislative bodies is not systematically related to regulatory reform.     

Sexual orientation and gender identity in Nepal: Rights promotion through UN development assistance

United Nations (UN) development agencies have been actively working to protect lesbian, gay, bisexual, transgender, and intersex (LGBTI) rights in Nepal, despite having no official mandate to work on these rights. This presents an important example of how such agencies are able to act independently to set their own agenda and illustrates the “open system” approach to international bureaucracies. It also suggests that these agencies have the potential to be important instruments of LGBTI rights promotion outside the traditional human rights machinery such as the Human Rights Council and various committees. Based on extensive interview research as well as documentary evidence, this article traces the origins of the UN's engagement with LGBTI rights. It then discusses the work of UN agencies in South Asia, and Nepal in particular, focusing on the UN Development Programme, the UN Children's Fund, UNAIDS, and UN Women. Political changes in Nepal since 2006 have opened it up for change in its approach to these rights, and UN agencies have worked actively to change both legal norms and social attitudes. The conclusion considers whether these lessons are applicable to other states and whether the UN development machinery must be considered an important ally in pursuing LGBTI rights worldwide.     

Iraq: A 'Never-Ending Nightmare'?

Malone, D. (2006) The International Struggle over Iraq: Politics in the UN Security Council 1980–2005 . Oxford: Oxford University Press.
Tyner, J. (2006) The Business of War . Aldershot: Ashgate.
Herring, E. and Rangwala, G. (2006) Iraq in Fragments: The Occupation and its Legacy . London: Hurst & Co.
Parsi, V. E. (2006) The Inevitable Alliance: Europe and the United States beyond Iraq . Basingstoke: Palgrave Macmillan.
Dumbrell, J. and Ryan, D. (eds) (2007) Vietnam in Iraq: Tactics, Lessons, Legacies and Ghosts . London: Routledge.     

The Informational Role of International Institutions and Domestic Politics

Why did President Bush attempt to acquire a UN Security Council resolution authorizing the use of force before the war with Iraq, even though there was a substantial risk that his request would be rejected? This article presents a game‐theoretic model to investigate how international institutions can shape the behavior of democratic leaders by influencing domestic politics. While it seems unsurprising that unbiased leaders who are truly concerned about foreign policy outcomes would consult international institutions, the results show that biased leaders with private agendas can also be forced to behave like the unbiased type because of their electoral concerns. The equilibrium results are illustrated with the cases of U.S. use of force in international crises.     

Reorganizing for National Security and Homeland Security

This article considers the post–September 11 challenges faced by the U.S. national security machinery and analyzes the relationship between the new threat environment, the United States's role in the world, and decision–making structure. Homeland security is defined as a subset of national security. The threat of foreign terrorist organizations acting on U.S. soil should be seen in the political context of the pursuit of U.S. national interests in an often anarchic world. Two models for homeland security organizational structures are considered: a departmental model and an interagency model. The interagency model, embodied in the Homeland Security Council, is a better fit given the nature of the threat, the crucial need for coordination, and the realities of governmental decision making. The organizational challenges that may complicate the government's preparations, decisions, and implementation of a major homeland defense mission stem from three rivalries: executive–legislative, cabinet–staff, and Homeland Security Council–National Security Council.     

Peace and Justice through a Feminist Lens: Gender Justice and the Women’s Court for the Former Yugoslavia

ABSTRACT

Post-conflict interventions to ‘deal with’ violent pasts have moved from exception to global norm. Early efforts to achieve peace and justice were critiqued as ‘gender-blind’—for failing to address sexual and gender-based violence, and neglecting the gender-specific interests and needs of women in transitional settings. The advent of UN Security Council resolutions on ‘Women, Peace and Security’ provided a key policy framework for integrating both women and gender issues into transitional justice processes and mechanisms. Despite this, gender justice and equality in (post-)conflict settings remain largely unachieved. This article explores efforts to attain gender-just peace in post-conflict Bosnia and Herzegovina (BiH). It critically examines the significance of a recent ‘bottom-up’ truth-telling project—the Women’s Court for the former Yugoslavia—as a locally engaged approach to achieving justice and redress for women impacted by armed conflict. Drawing on participant observation, documentary analysis, and interviews with women activists, the article evaluates the successes and shortcomings of responding to gendered forms of wartime violence through truth-telling. Extending Nancy Fraser’s tripartite model of justice to peacebuilding contexts, the article advances notions of recognition, redistribution and representation as crucial components of gender-just peace. It argues that recognizing women as victims and survivors of conflict, achieving a gender-equitable distribution of material and symbolic resources, and enabling women to participate as agents of transitional justice processes are all essential for transforming the structural inequalities that enable gender violence and discrimination to materialize before, during, and after conflict.