World Order Essay Flashcards
Taiwan/South China Sea Summary
- Threat to/concerns: principle of sovereignty outlined in Article 2 of UN Charter
- The dispute surrounding South China Sea (SCS) & numerous breaches of surrounding countries exclusive economic zone (EEZ) by China: China claims ‘historical significance’ according to vaguely defined China 9-dash-line & believes claim of 90% of sea despite fact this impedes on 4+ nations & EEZ → Also believes Spratly Archipelago theirs, infringing on other nations’ sovereignty
Taiwan/South China Sea: Role of IGOs
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Taiwan/South China Sea: Role of IGOs
• UNCLOS: concluded in 1982, came into force 1994
→ Legal framework balancing economic + security interests of coastal states
→ Enshrines Exclusive Economic Zone (EEZ) [extends sole exploitation rights to coastal nations over marine resources]
→ However, EEZ was never intended to serve as security zone, & UNCLOS also guarantees wide-ranging passage rights for naval vessels & military aircraft
→ Ineffective on threat due to China utilising 9-dash-line to continue territorial dispute even though line lacks legal foundation under UNCLOS.
Taiwan/South China Sea: Role of Int Courts
• South China Sea Arbitration (Philippines v China): In 2013, Philippines instituted proceedings against China under Annex VII of UNCLOS; Permanent Court of Arbitration tribunal dismisses Beijing’s ‘historic’ claim to South China Sea, stating no evidence to exclusive control over key waterway
→ Ineffective on threat due to China increasing militarisation efforts & Philippine president Duterte endorsing Chinese control
Taiwan & South China Sea: Unilateral action
• Unilateral action & use of force – e.g
→ USA & other countries freedom of navigation & overflight in South China Sea; US commitment to defending Taiwan against Chinese attack
→ Varying effectivity
Nukes: Summary
• Threat to/concerns: humanitarian issues with nuclear power, threat of proliferation/principle of deterrence
• Regarded as weapons of mass destruction (WMD), development & proliferation of nuclear weapons focus of international relations policy as scale of devastation if deployed in warfare poses serious humanitarian consequences & threat to world order
→ Due to this, nature inherently threatens peace & security.
Nukes: Role of IGOs
• IAEA: independent IGO operating under principles of UN Charter seeks to promote peaceful use of nuclear energy, administering safeguards to ensure activities assisted by IAEA are not used to further military purpose
→ The IAEA operates under NPT, implementing more than 140 States mandatory safeguards verify states are complying with international commitments not to use nuclear programmes for military purposes.
o NPT: [1970]: attempted to place restrictions on types of activities signatories could participate in, with goal of allowing transference of non-military nuclear technology to member countries without fear of proliferation
→ The NPT has three main pillars: non-proliferation, disarmament, & right to peacefully use nuclear technology
→ Despite explicit conditions that all signatories must “pursue negotiations in good faith” towards long-term goal of “complete disarmament”
→ However, yields, payloads & sophistication of targeting has increased in addition to staunch refusal of nuclear-armed states to join or stay in NPT (India, Pakistan, Israel [undeclared] & North Korea [withdrew])
o CTBT: attempted to prohibit all testing of nuclear weapons
→ A testing ban imposes significant hindrance to nuclear arms development by any complying country
→ The Treaty requires ratification by 44 specific states before can enter force; as of 2012, ratification of eight of these states still required.
o Both ineffective on threat: staunch refusal of nuclear-armed states to join or stay in NPT (India, Pakistan, Israel [undeclared] & North Korea [withdrew]), & refusal of all nuclear-armed states to sign TPNW in addition to only 3 nuclear states ratifying CTBT (France, UK & Russia), has significantly impeded practical cooperation to resolve threat
→ States can simply withdraw from these existing treaties & continue developing weapons
→ The ineffectivity of these treaties also seen in lack of enforcement for laws other than sanctions for breaches
Nukes: Role of Int Courts
• In 1996, International Court of Justice issued Advisory Opinion concerned with “Legality of Threat or Use of Nuclear Weapons”
→ The court ruled threatening to use nuclear weapons would violate various articles of international law, including Geneva Conventions, Hague Conventions, UN Charter, & Universal Declaration of Human Rights
Nukes: Role of NGOs
• Various non-legal responses have also been initiated to respond to threat of nuclear weapons
→ The media (collectively) non-government agency in form of various news outlets/journalists/reporters/etc publicizes threat of nuclear warfare & establishes dialogue with public towards addressing these foreseeable concerns
→ ie BBC reporting on AUKUS security pact between UK, U.S & Australia on 16 September, 2021
→ The media influences public opinion & promotes government action through investigating & reporting on human rights issues
→ Though may exhibit political bias in reporting, taken to extremes in nation such as China, North Korea or Iran where extreme censorship leads to absence of media altogether, catalyst for legal change through highlighting need for legal response.
• Another non-governmental agency responding to threat Campaign for Nuclear Disarmament, volunteer group which advocates unilateral nuclear disarmament by United Kingdom, international nuclear disarmament & tighter international arms regulation through agreements such as Nuclear Non-Proliferation Treaty
→ It opposes military action may result in use of nuclear weapons & building of nuclear power stations in UK
→ The Campaign for Nuclear Disarmament has also been recognised as effective non-legal response to threat of nuclear weapons
→ Its pressure on nation-states indirectly lead to Treaty on Prohibition of Nuclear Weapons entering into force in January 2021, in which was recognized as part of International Campaign to Abolish Nuclear Weapons for this work winning Nobel Peace Prize.
Syria: Summary
• Threat to/concerns: crimes against humanities/war crimes
• Began 2011 in opposition to Assad → Provoked civil war including Islamic militant groups, rebels in Syria backed by US
→ The war can be seen as broader proxy war between USA & Russia, although also sectarian war with Sunni majority fighting ruling Shia minority
→ The war has significant Middle East & global implications for peace & security. Assad’s regime accused of most of gross human rights violations
→ These all amount to serious allegations at international law regarding conduct of hostilities by warring parties, & commission of serious crimes against international rule of law.
The role of International Conventions + The role of Customary International law
The role of International Conventions
• Hague Conventions 1907 banned chemical & biological warfare
• The Geneva Conventions established before & after WWII governing conduct of parties in armed conflict
→ Emphasis on protection of civilians, prohibition of genocide & war crimes & neutrality of hospitals+medical personnel
• COPPCG 1948 prohibits genocide
• “Chemical Weapons Convention” 1992 prohibits production & use of chemical weapons
The role of Customary International law
• Jus cogens (peremptory norms): recognised principles prohibiting torture, genocide & crimes against humanity
→ States implicit to adopt this
