International Institutions and Legal Doctrine

International Institutions
and Legal Doctrine

By
B.E.N.
May 25, 2005

In the beginning…
When reviewing the various international institutions and legal doctrines the appearance of international action on the part of states becomes clear. While it may be a matter of debate as to the effectiveness of these in the past, the question before society today is if these global institutions and doctrines can viably be used in the 21st century?

Doctrine…
There exist a vast number of bilateral and multilateral conventions and treaties that deal with the important issues of crime, human rights and the environment in the international community. The United Nations (UN) has taken a leading role in proactively pursuing the progressive development of international law and utilizing existing institutions to pursue this end.

The UN Office on Drugs and Crime is, "mandated to assist Member States in their struggle against illicit drugs, crime and terrorism." The Convention against Transnational Organized Crime, the Convention against Corruption, and the Convention against the Illicit Traffic of Narcotic Drugs and Psychotropic Substances are examples of well-established and effective legal doctrines providing substantial support towards the mission of the organization.

In early December of 1948, the UN General Assembly (UNGA) passed resolution 217 A (III), which proclaimed the "universal declaration of human rights." This document set out to state the, "recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world."

The UN High Commissioner for Human Rights (UNHCHR), whose mission is to "protect and promote all human rights for all" and is, "guided in its work by the Charter of the United Nations, the Universal Declaration of Human Rights and subsequent human rights instruments." The UNHCHR goes on to states that, "there are seven core international human rights treaties," which are: the International Convention on the Elimination of All Forms of Racial Discrimination, the International Covenant on Civil and Political Rights, the Convention on the Elimination of All Forms of Discrimination against Women, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Convention on the Rights of the Child, and the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families. The commissioner depends on all of these doctrines in its ability to address human rights in the world and further espouses the importance of all.

Global environmental concerns are addressed by the UN Environment Program (UNEP) guided by the legal provisions as laid out in the Stockholm Declaration and the Rio Declaration. These allow the organization to fulfill its mandate of coordinating a global environmental policy consensus.

All of these conventions and treaties provide a sound international legal doctrine for contending with international crime, human rights abuses and protecting the environment. Legal doctrine in hand, are international institutions up to the challenge of enforcing these laws and provisions?

Institutions…
There are several international institutions that provide support in the enforcement of international law. Couple these institutions with the efforts of municipal agencies and the growing role of non-governmental organizations and a vast network of viable organizations appear.

International institutions such as Interpol, which can boast of 182 member states, use the above doctrines for fulfilling its stated mission of being, "the world’s pre-eminent police organization in support of all organizations, authorities and services whose mission is preventing, detecting, and suppressing crime."
But the key element in enforcing international law is the individual state’s municipal agencies. For example, the U.S. Bureau for International Narcotics and Law Enforcement Affairs, "advises the President, Secretary of State, other bureaus in the Department of State, and other departments and agencies within the U.S. Government on the development of policies and programs to combat international narcotics and crime." This and organizations like it, coordinate together in support of the international provisions laid out in international legal doctrines, some of which are mentioned above.

Non-Governmental Organizations (NGO), while not official enforcers of international law, are becoming more and more important in their support of international legal doctrine. Their ability to bring pressure on violators is sometimes more effective than the normal channels. This is especially true in the arena of the environment where groups like the Greenpeace, The World Conservative Union, and the Consultative Group on International Agricultural Research all work with states and the international community in the development of as well as the enforcement of global policy.

There is also the question of how the international community can punish and resolve disputes involving international law, human rights abuses and the environment. The creation of the International Criminal Court (ICC) as a means of promoting, "the rule of law and ensure that the gravest international crimes do not go unpunished." It continues with, "the ICC will be complementary to national criminal jurisdictions," which further shows the importance of municipal judiciary systems.

The International Court of Justice (ICJ) is a viable system for dealing with environmental law as well as the abuses of human rights. With its ability to call tribunals to deal with heinous situations like what occurred in Rwanda and Yugoslavia, it has a strong avenue for dealing with such human rights atrocities. On the environmental level, the ICJ decision on the Gabcikovo-Nagymaros Project is a good example of how the court can deal with these types of cases as well.

Each of these institutions and organizations contribute to the enforcement and arbitration of criminal, environmental and human rights abuses in the international community. Their ability to work hand in hand strengthens this ability and ensures a proactive and progressive coordination between all concerned. These institutions are up to the challenges of the 21st century.

Conclusion…
The doctrine exists, the institutions are built, the need is apparent- the remaining question is are the individual members of the international community ready to meet these challenges of protecting the international environment, punish global criminals and address the abuses to universal human rights? No universal policeman exists, so it is incumbent on the participation of the international community to come together and collectively address these issues. It can be argued that the signs bode well for dealing with these threats, and one can only hope that the realization of global interdependence will focus all on supporting these legal doctrines and international institutions in their missions sooner rather than later.