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Humanizing Our Global Order

Humanizing Our Global Order: Essays in Honour of Ivan Head

Obiora Chinedu Okafor
Obijiofor Aginam
Copyright Date: 2003
https://doi.org/10.3138/9781442675933
Pages: 208
https://www.jstor.org/stable/10.3138/9781442675933
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  • Book Info
    Humanizing Our Global Order
    Book Description:

    Hunger, disease, poverty, environmental insecurity, illegitimate governance, civil war, and international conflict are only a few of the causes of today's global turmoil and gross human suffering. Written in honour of Ivan Head, foreign affairs advisor to former Prime Minister Pierre Trudeau, past president of Canada's International Development Research Centre, and professor emeritus of International law at the University of British Columbia, this collection of distinguished essays addresses the imperative to enhance human dignity and protect human life by humanizing our global order and improving international relations - goals Professor Head strove for throughout his career.

    The authors argue that the search for possible solutions to these challenges, which has so far tended to proceed without due recognition of the needs, demands, and solutions that emanate from the geo-political South, must in future be conducted with alternate visions that take these factors into account. Each essay seeks to re-assess and re-imagine a specific topic that relates in some significant way to our current global circumstance in ways that advance the book's thematic. With essays grappling with such issues as Multilateral Environmental Agreements, the Use of Force, the Prevention of Civil War through Minority Protection, Common Heritage of Humankind, and the Civil Dimensions of Strategy, the volume deals with a range of diverse topics that are as crucial as they are topical.

    eISBN: 978-1-4426-7593-3
    Subjects: Political Science

Table of Contents

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  1. Front Matter
    (pp. i-iv)
  2. Table of Contents
    (pp. v-vi)
  3. Foreword
    (pp. vii-viii)
    Gordon Smith

    I am very pleased to write this foreword in appreciation of Ivan Head and his singular career in service to Canada and the world. The hallmark of that service has been Professor Head’s belief that to serve the world is truly to serve Canada and that the resolution of global problems is fundamental to sustaining our own prosperity and well-being. In the pursuit of international peace and cooperation, he has given all of us a deeper understanding of the links these issues have to our own country and to our own lives.

    I first met Ivan in the early 1970s...

  4. Preface
    (pp. ix-x)
    Obiora Chinedu Okafor and Obijiofor Aginam
  5. Acknowledgments
    (pp. xi-xii)
    Obiora Chinedu Okafor and Obijiofor Aginam
  6. Notes on Contributors
    (pp. xiii-2)
  7. Chapter One Humanizing Our Global Order: An Introduction
    (pp. 3-11)
    OBIORA CHINEDU OKAFOR and OBIJIOFOR AGINAM

    This grave charge and the accompanying challenge appeared almost fifteen years ago in a paper that encapsulates the ethics, idioms, and visions that have characterized Ivan Head’s always seminal, constantly inspiring, and strikingly well-couched contributions to the study and practice of South–North relations.² These prophetic words aptly summarize the diverse existential turmoils thatallof humanity currently faces. Caught as weallare in a complex web of global relations that all too often produce a world order widely acknowledged as patently unfair, the tumultuous state of our globe is all the more disturbing.³ Much as in the past,...

  8. Chapter Two Saving the Tortoise, the Turtle, and the Terrapin: The Hegemony of Global Environmentalism and the Marginalization of Third World Approaches to Sustainable Development
    (pp. 12-29)
    OBIJIOFOR AGINAM

    In 1987 the World Commission on Environment and Development, chaired by Dr Gro-Harlem Brundtland⁴ (hereafter ‘the Brundtland Commission’), defined sustainable development as ‘development that meets the needs of the present without compromising the ability of future generations to meet their own needs.’⁵ Since then, sustainable development has become the buzzword of contemporary global environmentalism. It is explicitly referred to in a plethora of emerging multilateral environmental conventions, bilateral treaties, and ‘soft law’ mechanisms.⁶ Policymakers in national governments, corporate actors, civil society groups, and activists (many of them self-anointed environmentalists) have embraced this buzzword. All too often these groups claim –...

  9. Chapter Three Multilateral Prevention of Internal Conflicts in the Face of Interethnic Tensions: The Case of the OSCE and its High Commissioner on National Minorities
    (pp. 30-61)
    OLIVIER A.J. BRENNINKMEIJER

    The rise of violent conflicts in the 1990s gripped television viewers around the world and led many international observers to ask whether all these wars and massacres could have been prevented. The violent conflicts most often covered by the international media happened in Africa (Ethiopia, Eritrea, Rwanda), Western Europe (Northern Ireland, Spain) Central and Eastern Europe (Azerbaijan, Armenia, Russia, ex-Yugoslavia), the Middle East, West and South Asia (Afghanistan, Kashmir, Sri Lanka), and Southeast Asia (Indonesia, East Timor). Many of these flare-ups of violence were referred to as ‘ethnic’ conflicts. There have also been many less ‘publicized’ conflagrations between ethnically distinct...

  10. Chapter Four Between Sovereignty, Efficiency, and Legitimacy: Lawmaking under Multilateral Environmental Agreements
    (pp. 62-79)
    JUTTA BRUNNÉE

    Ivan Head, keen observer of international law and politics, has long urged us to focus our attention and efforts on the growing number of ‘global issues.’ He made the above remarks in an address to the annual conference of the Canadian Council on International Law in 1986. His particular concern in that address, as in much of his work, was to highlight the extent to which ‘South-North’ issues are interwoven with global issues, demanding the cooperative involvement of developing countries in efforts to address them. Ivan Head’s remarks are as pertinent today as they were fifteen years ago. International environmental...

  11. Chapter Five The Use of Force in the Struggle between Humanity and Unreason
    (pp. 80-86)
    THOMAS M. FRANCK

    On its face, the UN Charter, a treaty to which virtually every state adheres, has ushered in a new era in which aggression is prohibited and an effective international policing system has been instituted.

    Even in 1945, however, there were doubts about the imminence of this new era. Thus, provision was made in Article 51 to preserve ‘the inherent right of individual or collective self-defenceif an armed attack occurs.’ This provision was inserted at San Francisco to satisfy those members of the Inter-American Regional System who were concerned about subordinating their newly minted Chapultepec system of regional collective security...

  12. Chapter Six The Civil Dimension of Strategy
    (pp. 87-111)
    KAREN GUTTIERI

    A realist view of international relations accepts that self-interested state concerns for security may lead to foreign policy behaviour that violates national values such as liberty (as when a powerful democracy supports a friendly tyrant) and humanitarian values, such as life itself (as when a nation goes to war). At the close of the last century, an alternative and increasingly prominent framework for conduct emphasized humanitarian motivations for the use of force, as well as humane conduct by military forces. Leaders justified military interventions in Haiti and Kosovo as being in defence of civilians harmed by their regimes; this suggested...

  13. Chapter Seven Co-opting Common Heritage: Reflections on the Need for South—North Scholarship
    (pp. 112-124)
    KARIN MICKELSON

    The ‘common heritage of mankind’ has provided endless fodder for scholarly comment and debate since its emergence in the late 1960s in the context of discussions on the legal status of the deep seabed.³ Innovative and unusual approaches abound, some of them bordering on the eccentric. Anyone who seeks to add to an already voluminous body of literature is forced to consider what, if anything, remains to be said. Nevertheless, common heritage offers an irresistible fascination for anyone interested in the South–North dimensions of international law. Its emergence in the heyday of developing country solidarity and its connections with...

  14. Chapter Eight Modernization of European Community Competition Law Enforcement for the Twenty-first Century
    (pp. 125-148)
    KIRSTY G. MIDDLETON

    In 1999 the European Commission (‘Commission’) adopted the ‘White Paper¹ on the Modernization of the Rules Implementing Articles 81 and 82 (ex 85 and 86) of the EC Treaty’ (the ‘White Paper’)². The Commission proposesinter aliato abolish its centralized system of control and give national competition authorities and courts a much greater role in enforcing Community competition rules. The White Paper and the follow-up regulation (adopted by the Council of Ministers on 16 December 2002),³ have been described by the commissioner for EC competition law, Mario Monti, as ‘the most important legislative initiative in the competition field since...

  15. Chapter Nine The Institutional Legitimacy of the International Trade System
    (pp. 149-167)
    ROBERT SHUM

    The international trade system has gone through many changes since the middle of the twentieth century, growing in both membership and activities. Throughout these changes the General Agreement on Tariffs and Trade (GATT) and the World Trade Organization (WTO) have also seen significant shifts in their legitimacy¹ as institutions. Many groups, especially those who feel that they do not have a voice in the WTO, even though it significantly affects their interests, are alleging that the international trade system is suffering from many defects.

    Over time, these groups’ demands for greater representation, participation, and accountability have grown more insistent. Fundamentally,...

  16. Chapter Ten The International Seabed Authority: Challenges and Opportunities
    (pp. 168-184)
    RONALD ST J. MACDONALD

    The purpose of this essay¹ is to contribute to the debate about the role of the International Seabed Authority (‘the Authority’) and its evolutionary development as envisaged by the Implementation Agreement of the Law of the Sea Convention.² The challenge is to bring new activities that have arisen as a result of scientific, technological, economic and political developments within the scope of the mandate of the Authority and organize them in a manner that will benefit all stakeholder states, other regimes, the Biodiversity and Climate conventions, and other major groups. I will outline a few of the complex interconnections between...

  17. Appendix
    (pp. 185-200)
  18. Bibliography
    (pp. 201-214)