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Globalization and Its Impact on the Future of Human Rights and International Criminal Justice

Book | 1st edition 2015 | World | M. Cherif Bassiouni
Description

Globalization is not a new phenomenon. New realities have emerged over the past two decades which have given it greater influence in the affairs of states. This coincided with the increasing inability of states and international organizations to carry out their institutional functions for the common good. This is testing a number of assumptions about the future of human rights and international criminal justice.

The changes in state priorities concerning human rights and international criminal justice evidence a subtle change in the values of the international community. This is particularly evident in the enhanced concerns of states with issues of national security as they are perceived in so many different ways. At the same time states’ ability to govern and deliver public services are increasingly being challenged.

Science and technology dominate the present state of globalization and in some positive ways and have increased human interdependence and interconnectedness but with paradoxical positive and negative effects and outcomes.

They enhance the power and wealth of certain states while increasing the gap between those states and others. This gap between the “haves” and the “have nots” continues to increase. With world population projected to grow from seven to nine billion, with disproportionate availability of food and other resources for those most in need of it, social, economic and political disparities are enhanced. Internal state dysfunction is on the increase as evidenced by the number of failed and failing states among developing and under-developed societies.

Globalization has not only enhanced the power and wealth of certain states with resources and technological, including military capabilities, it has also given these states a claim of exceptionalism. That claim has also extended to certain multinational corporations and other non-state actors (NSAs) because of their wealth, worldwide activities, and their economic and political power and influence over national and international institutions. For all practical purposes, many of these multinational entities have become beyond the reach of the law, whether national or international. As a result they and their principal actors benefit from impunity notwithstanding the harmful consequences of their conduct on human beings and on the environment. Environmental changes resulting from the international community’s failure to develop and adequate system of control over fossil fuel consumption and other factors impacting climate change have and will continue to unleash harmful consequences on certain parts of the world, which will impact certain populations.

As these and other negative consequences of globalization occur, it is already evident that the values and legal protections afforded to human rights, including an end to impunity for international crimes is receding. The “Responsibility to Protect,” adopted by world summit of 2005 has never been put into effect. Similarly, the United Nations Declaration on the Rights of Victims of Crime has also never been put into effect.

How states and the international community will react in the face of the forthcoming challenges of population growth, resource scarcity, environmental disasters and other natural and human tragedies is a legitimate source of concern.

The absence of an international system to regulate these needs for human survivability will necessarily mean that the human rights of some will be sacrificed. All this has negative consequences for human rights, yet nothing that the international system presently offers can mitigate these consequences – only the occasional good will of some states.

What remains to help counteract and mitigate the cascade of negative effects and outcomes of unbridled globalization on our planet are international civil society institutions and some concerned states. What they may be capable of achieving in the face of the changing landscape of the world order is, however, difficult to assess.


About this book

‘[a] compelling read especially if someone were researching the “causes of the malaise and criticisms of many of our [existing] institutions of global governance
Rizwan Ahmad Khan Gondal in Revue québécoise de droit international (2016)

Technical info
More Information
Type of product Book
Format Paperback
EAN / ISSN 9781780683300
Weight 1200 g
Status Available
Number of pages xxxiv + 730 p.
Access to exercice No
Publisher Intersentia
Language English
Publication Date Jun 4, 2015
Available on Strada Belgique No
Available on Strada Europe No
Available on Strada Luxembourg No
Chapters

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  • Table of Contents
  • OPENING SPEECHES
  • PART I. HUMAN RIGHTS AND INTERNATIONAL CRIMINAL JUSTICE
  • Human Rights and International Criminal Justice in the Twenty-First Century
    M. Cherif Bassiouni
  • An Assessment of the Current International Human Rights Paradigm and Recommendations for Moving Forward
    Carli Pierson
  • Twentieth-Century Institutions for a Twenty-First Century World?
    Stephen Hopgood
  • Human Rights and International Criminal Justice: Looking Back to Reclaim the Future
    Micheline Ishay
  • The Future of the United Nations Human Rights System
    William Schabas
  • The Past, Present and Future of International Criminal Justice and Human Rights
    Lawrence Wilkerson
  • The Future of International Criminal Justice: Recent Empirical Studies on the Impact of Justice Mechanisms on Human Rights and Conflict
    Kathryn Sikkink
  • International Criminal Justice, Plato, and Global Due Process
    Larry May
  • International Criminal Justice: Reflections on the Past and the Future
    Hassan B. Jallow
  • Assessing the Impact of Security and Geopolitical Considerations on the Protection of Human Rights and the Pursuit of International Criminal Justice
    Hans Corell
  • Responsibility of States in Case of Human Rights Violations and of Obligations to Prevent and Punish Serious Violations of Human Rights and International Crimes
    Alain Pellet
  • PART II. CONTEMPORARY CHALLENGES
  • Failing States Impact on Human Rights and International Criminal Justice
    Mario Silva
  • The International Legal Architecture and the Conflicts of the Middle East: An Obsolete Framework or Simply Underutilized?
  • An Assessment on the Use of Armed Conflict Data
    Mark Ellis
  • Outsourcing War: Private Military and Security Companies under International Humanitarian Law
    Yannic Körtgen
  • Old and New Terrorist Threats: What Form will they Take and How will States Respond?
    Ben Saul
  • The Future of Global Transnational Criminality and International Criminal Justice
    Robert Cryer
  • Rethinking Multilateral Responses to Organized Crime
    Mark Shaw, Walter Kemp
  • Preventing Genocide and Crimes against Humanity: Reflection on Future Challenges and Opportunities
    Adama Dieng
  • Evolving Advocacy: Suggestions for the Next Phase of Civil Society Support of International Criminal Justice
    Christopher “Kip” Hale
  • Breaking the Rules: Kenya, the ICC, and the Twelft h Assembly of States Parties Session
    Elizabeth Evenson
  • PART III. POPULATION, RESOURCES, AND ENVIRONMENTAL CHALLENGES
  • Global Pluralism: The Next Stage in Global Governance, Human Rights, and International Law
    Errol Mendes
  • Decentralized Democracy in Political Reconstruction
    Roger B. Myerson
  • Population, Resources and Environmental Challenges Between Now and 2050, and Th eir World Impacts
    Martin Lees
  • The Relationship of Climate Change to Global Security
    Donald J. Wuebbles, Aman Chitkara, Clay Matheny
  • Population, Resources, and the Environment: Challenges Ahead
    Ved P. Nanda
  • PART IV. THE ROLE OF IGOs, NGOs AND GLOBAL GOVERNANCE
  • The Role of International Non-Governmental Organizations, Globalization, and International Criminal Law
    Andrew Clapham
  • Inter-Governmental Organisations and International Non-Governmental Organizations in the Era of Globalization, and How They can Protect Human Rights and Support International Criminal Justice
    Stephen Mathias
  • The Role of Non-Governmental Organizations in Advancing International Criminal Justice
    Charles C. Jalloh
  • The Fate of R2P in the Age of Retrenchment
    David J. Scheffer
  • Global Constitutionalism and Global Governance: Towards a UN-Driven Global Constitutional Governance Model
    Giuliana Ziccardi Capaldo
  • Implementation of the Right to Development and International Criminal Justice
    Ahmed Fathi Sorour
  • CONCLUDING REMARKS AND APPENDICES
  • Concluding Remarks: Globalization, Values, and World Order
    Shahram Dana
  • About ISISC
  • Global Issues and Their Impact on the Future of Human Rights and International Criminal Justice: List of Confirmed Participants & Speakers
  • Global Issues and Their Impact on the Future of Human Rights and International Criminal Justice: Program