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CRITICAL ANALYSIS OF GLOBAL DEVELOPMENTS, TRENDS & IDEAS

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Deconstructing the Context of Appointing the Next UN Figurehead

in Diplomacy/Europe/Law/US by

The UN, as Paul Kennedy so lucidly describes in his book “The Parliament of Man,” is an indispensable global institution. Yet at its core it remains a fallible, if not a blatantly limited institution driven very often by the interests and caprices of its most powerful member states. Come January 1, 2017, this seven-decade-old institution will welcome its new figurehead in what will once again be the culmination of the realities of the shrewdest tenderloins of great power politics. According to Article 97 of Chapter 15 of the UN Charter, “The Secretary-General shall be appointed by the General Assembly (GA) upon the recommendation of the Security Council (SC).” This clause remains deliberately ambiguous about the qualifications of potential candidates. The closest to specifying the qualifications for appointment came in the form of a 1946 General Assembly Resolution 11/1 saying a candidate must be a “man of eminence and high attainment.” The selection process, according to the same resolution, is to be carried out through a process of secret balloting by the Security Council; the chosen candidate is then recommended to the General Assembly for approval, thus setting the tone for what has become a sort of customary law in the…

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Leggo My Ego; America’s Struggle With Police Brutality

in Human Rights/Law/Social/US by

Disclaimer: The videos linked in this post contain graphic language Police brutality is, unfortunately, a familiar fabric in American society that often finds itself unequally distributed between White-Americans and Minority-Americans. The Rodney King riots in 1992 and the Watts riots in 1965 demonstrate a disconnect and mistrust between Black-Americans and law-enforcement officials that are still manifest today in the shooting-death of unarmed Trayvon Martin and the subsequent acquittal of the gunman, the shooting-death of unarmed Michael Brown by white police officer Darren Wilson and the subsequent failure of indictment by the grand jury, the death of Eric Garner by means of an illegal chokehold while being arrested for selling untaxed cigarettes and the subsequent failure of a grand jury indictment (the transcripts of which have yet to be made available to the public), and the death of Freddy Gray who was deemed to be falsely arrested and was denied medical treatment while in police custody despite requesting it multiple times. These events sparked riots and protests across the nation including demonstrations by celebrities and professional athletes. With the indictment of the six Baltimore police officers directly involved in the death of Freddy Gray, it seemed the United States was taking a pivotal…

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Israel’s Other Human Rights Catastrophe: The Negev Bedouin

in Human Rights/Law/Middle East/Politics by
Bedouin Israel Child

The plight of the Negev Bedouin continued as Israel’s Supreme Court recently ruled that the village of Umm al-Hiran would be destroyed and its inhabitants removed to make way for Israeli settlers. The NGO Human Rights Watch criticized the ruling, which also applied to a similar village in the West Bank, with its Middle East and Africa director Sarah Leah Whitson stating “The court decisions in the Umm al-Hiran and Susya cases ignore international law in upholding discriminatory evictions by the Israeli authorities in Israel and the occupied territories”.

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Decentralization Process in Peru

in Latin America/Law/Politics by
Lima Peru City

Ideally the modern state is supposed to generate the necessary basic conditions for its citizen’s wellbeing and continuously improve its own systems in order to improve its citizen’s quality of living. The globally trending prescription to achieve these aims is decentralization and local governance. Several countries, such as Korea, Brazil, Thailand, Uganda, Indonesia, and Peru, among others, have all recently tried to strengthen local governments. In larger countries and countries with diverse populations, such as Peru, it is especially necessary to disseminate the central government’s power and authority to local and regional governments. In that way, each sub-government can communicate with citizens directly and can serve them faster and more efficiently. According to The Economic Commission for Latin America and the Caribbean (ECLAC), Peru has developed its GDP 5.2% in the past 10 years. In addition, the United Nations Development Program (UNDP) Human Development Index (HDI) shows an increased HDI rate from 0.67 in 2002 to 0.73 in 2012. However, the problem that Peru faces is that the development of the country did not happen evenly in each region, but is rather predominantly concentrated in Lima, the capital of the country and the location of the central government. It would…

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Does Obama’s New AUMF Really Matter?

in Diplomacy/Law/Middle East/Security/US by

As reported on February 11th, US President Obama announced his plans to request the authorization to use force against the Islamic State (IS). In preparation for this, the White House released the proposed document, which it notes may be referred to as the “Authorization for Use of Military Force against the Islamic State of Iraq and the Levant” (AUMF-ISIL). Although there has been signifiant fanfare and media coverage over the implications of the document, the proposal itself is not as game changing as reported. Largely, this has been a result of overeager media coverage concerning the document. Outlined in the three page draft are the administrations arguments as to why they are requesting authorization against the IS, in addition to limitations of the scope of action and on the executive branch’s powers.  Most notable among these limitations pertains to Subsection (a) of the draft which formally requests authorization. In defining this subsection, the draft notes that it “…does not authorize the use of the United States Armed Forces in enduring offensive ground combat operations”. In essence, this prevents additional deployment of ground troops beyond those which already are present in what is defined as the scope of the theater. In addition, under Section 3…

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Space Law: A New Frontier

in Law by

“Space law”, contrary to how it sounds, does not entail any notions of space sheriffs hunting bandits in lunar canyons. In reality, the body of international laws and customs that govern human activities in outer space is what is properly referred to as space law. Before the first human ventures into space, such as Sputnik, there was no clear agreement or conceptualization of what rules and customs should be applied to the new frontier. The US and the USSR both had little reason to extend airspace laws further up as they both would be repeatedly violating each other’s airspace through their space missions.  Scholars discussed some concepts, such as terra nullius, which borrowed from traditional international law. States that were able to venture into outer space had little reason to challenge these developments. The current foundation of space law is built on the 1967 Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, or as it has more commonly come to be referred to as, The Outer Space Treaty. Key highlights of this treaty are the promise of no weapons of mass destruction (WMDs) in space,…

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