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Home Posts tagged "United Nations"

Silence and the Use of Force in International Law

Published on July 18, 2019        Author: , and

States frequently take actions and make statements that implicate international law. But because they do not — and, indeed, could not — express a view on each such act or statement by all other states at all times, silence seems to be the norm, rather than the exception, in international relations.

When states and other international actors do not express their views on a particular incident, issue or statement that implicates international law, what is the legal significance, if any, of their silence? Does it denote acquiescence or quiet protest? Might it not have legal significance at all? Who makes this determination? Who benefits, and who loses, from a finding that a particular silence does or does not yield legal consequences?

Over the years, several scholars — despite some calls for caution — have invoked the silence of states and other international actors as proof of support for particular legal views. This practice has been noticeable and increasingly frequent in jus ad bellum — the field of international law governing the threat or use of force in international relations. For example, writings on the following military actions (among others) invoke silence as having some type of legal significance: Read the rest of this entry…

 
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FAO Secretary General Elections – Part 2: What is to be Done?

Published on May 7, 2019        Author: 

In this second post, I want to provide some more details about how the budget works within the FAO. My purpose is to highlight how the majority of Member nations wield political power, while top donors wield financial power.

Today, to win the FAO, is to gain the authority to define the right to food and to significantly influence, if not determine, the right to food’s ability to change the world food regime. Lately, however, the FAO has not invested enough into the right to food for it to even appear as a line item in its budget. Instead, it is buried in a way that is difficult for the public to determine how much is actually spent on the right to food.

The FAO broke new ground in 2004 with the publication of the Right to Food Guidelines. But the work seems to have stopped there. If the right to food is not constantly contested, redefined and operationalized as the world changes, it loses its relevance. In the last two decades, the right to food was re-empowered as a political tool wielded from below by the transnational peasant movements, Indigenous peoples, fisherfolk, pastoralists, and others who overcame their differences to form the food sovereignty movement. But in important spaces such as Committee on World Food Security it remains unclear what role the right to food will play in world’s future food regime. If the FAO continues to disinvest from the right to food, this tool will be blunted from above.

With these normative stakes in mind, I think the political question surrounding the FAO should be: what would a right-to-food budget look like? More specifically: how can the world’s most food insecure have more control over the FAO’s budget? Read the rest of this entry…

Filed under: United Nations
 
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FAO Secretary General Elections – Part 1: What is at Stake?

Published on May 6, 2019        Author: 

The FAO Member Nations are set to elect a new Director General this 22-29 June. The four candidates, nominated by UN Member States, are Qu Dongyu (China), Catherine Geslain-Lanéelle (France), Davit Kirvalidze (Georgia), and Ramesh Chand (India). Social movements, Indigenous peoples, and NGOs are frustrated because they do not have an opportunity to directly interact with the candidates and engage in a conversation about expectations and plans. They have started a campaign around the hashtag #AskFAO to encourage people from around the world to publicly engage in the process. The implicit purpose is to put pressure on the FAO to make the Secretary General more accountable to the people they serve.

Since the 1990s, a very popular way to engage in questions of democracy and international institutions has been through the language of legitimacy. In these terms, political questions become something you measure as a matter of normative theory, sociological fact, or political reality. This emphasis on measuring makes legitimacy a passive idea. Even when people attack international institutions for being illegitimate or defend it as legitimate, this is still a muddled politics. These argument are often opaque because they rely on a principle that remains implicit and avoids debating the stakes in clearer terms such as power, status, and wealth (but here is a wonderful exception to that generalization).

I want to instead rely on the language of authority and treat the FAO as something someone may want to politically win in order to wield power. In this post I examine what is at stake in the Secretary General elections. In my second blog post I touch upon what is to be done more as an introductory outline than a detailed plan.

My thinking is informed by a very basic notion of fairness: the more vulnerable you are, the more you should be politically empowered. An exemplary Secretary General has to figure out how the FAO can empower all people living with hunger, famine, and starvation. Read the rest of this entry…

Filed under: United Nations
 
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The IOM’s New Status and its Role under the Global Compact for Safe, Orderly and Regular Migration: Pause for Thought

Published on March 29, 2019        Author: 

On 8 July 2016, the UN General Assembly adopted by consensus the Agreement Concerning the Relationship between the UN and the International Organization for Migration (IOM) (the UN-IOM Agreement). In broad terms, the objective of the UN-IOM Agreement was to ensure better coordination between UN agencies and the IOM as they fulfil their respective mandates. The Agreement created a formal relationship between the two institutions, making the IOM a UN “related organization”.

The formalisation of various interconnections between the UN and the IOM makes intuitive sense. The UN is without a generalised agency for migration, and although the UN High Commissioner for Refugees has widened its mandate somewhat, it remains primarily concerned with refugees.

Since the IOM has become a UN related organization, the UN has transferred escalating levels of responsibility for secretariat processes on the topic of migration to the IOM which would ordinarily be undertaken by the UN Secretariat or a UN specialized agency. The problem is that the organisational structure of the IOM is fundamentally different from the UN, including in terms of mandate, funding, and governance, such that this transfer of responsibility gives rise to a problematic conflict of interest. Moreover, accountability mechanisms have been lost in the ether. This blog post elaborates some of the challenges arising from the new related status of the two organizations and flags concerns about states transferring escalating levels of secretariat responsibility directly to the IOM in the field of migration. Read the rest of this entry…

Filed under: Migration, Refugee Law
 
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