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

Edited by: M. Cherif Bassiouni

ISBN13: 9781780683300
Published: June 2015
Publisher: Intersentia Publishers
Country of Publication: Belgium
Format: Paperback
Price: £119.00



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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.

Subjects:
Human Rights and Civil Liberties, International Criminal Law
Contents:
OPENING SPEECHES (p.
1)

PART I. HUMAN RIGHTS AND INTERNATIONAL CRIMINAL JUSTICE
Human Rights and International Criminal Justice in the Twenty-First Century (p.
35)
An Assessment of the Current International Human Rights Paradigm and Recommendations for Moving Forward (p.
67)
Twentieth-Century Institutions for a Twenty-First Century World? (p.
87)
Human Rights and International Criminal Justice: Looking Back to Reclaim the Future (p.
99)
The Future of the United Nations Human Rights System (p.
115)
The Past, Present and Future of International Criminal Justice and Human Rights (p.
123)
The Future of International Criminal Justice: Recent Empirical Studies on the Impact of Justice Mechanisms on Human Rights and Conflict (p.
135)
International Criminal Justice, Plato, and Global Due Process (p.
147)
International Criminal Justice: Reflections on the Past and the Future (p.
159)
Assessing the Impact of Security and Geopolitical Considerations on the Protection of Human Rights and the Pursuit of International Criminal Justice (p.
173)
Responsibility of States in Case of Human Rights Violations and of Obligations to Prevent and Punish Serious Violations of Human Rights and International Crimes (p.
189)

PART II. CONTEMPORARY CHALLENGES
Failing States Impact on Human Rights and International Criminal Justice (p.
207)
The International Legal Architecture and the Conflicts of the Middle East: An Obsolete Framework or Simply Underutilized? (p.
223)
An Assessment on the Use of Armed Conflict Data (p.
233)
Outsourcing War: Private Military and Security Companies under International Humanitarian Law (p.
253)
Old and New Terrorist Threats: What Form will they Take and How will States Respond? (p.
281)
The Future of Global Transnational Criminality and International Criminal Justice (p.
309)
Rethinking Multilateral Responses to Organized Crime (p.
327)
Preventing Genocide and Crimes against Humanity: Reflection on Future Challenges and Opportunities (p.
349)
Evolving Advocacy: Suggestions for the Next Phase of Civil Society Support of International Criminal Justice (p.
359)
Breaking the Rules: Kenya, the ICC, and the Twelft h Assembly of States Parties Session (p.
437)

PART III. POPULATION, RESOURCES, AND ENVIRONMENTAL CHALLENGES
Global Pluralism: The Next Stage in Global Governance, Human Rights, and International Law (p.
461)
Decentralized Democracy in Political Reconstruction (p.
479)
Population, Resources and Environmental Challenges Between Now and 2050, and Th eir World Impacts (p.
487)
The Relationship of Climate Change to Global Security (p.
515)
Population, Resources, and the Environment: Challenges Ahead (p.
545)

PART IV. THE ROLE OF IGOs, NGOs AND GLOBAL GOVERNANCE
The Role of International Non-Governmental Organizations, Globalization, and International Criminal Law (p.
565)
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 (p.
575)
The Role of Non-Governmental Organizations in Advancing International Criminal Justice (p.
589)
The Fate of R2P in the Age of Retrenchment (p.
617)
Global Constitutionalism and Global Governance: Towards a UN-Driven Global Constitutional Governance Model (p.
629)
Implementation of the Right to Development and International Criminal Justice (p.
663)

CONCLUDING REMARKS AND APPENDICES
Concluding Remarks: Globalization, Values, and World Order (p.
673)
About ISISC (p.
711)
Global Issues and Their Impact on the Future of Human Rights and International Criminal Justice: List of Confirmed Participants & Speakers (p.
713)
Global Issues and Their Impact on the Future of Human Rights and International Criminal Justice: Program (p.
719)