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The chapter discusses the opposition faced by population control advocates within the United Nations from Socialist and Catholic states in the 1940s and 1950s. It outlines early discussions on population issues within the UN, the roles of organizations like UNESCO, FAO, and WHO, and challenges faced by proponents such as Julian Huxley. The document explores debates on overpopulation, humanitarian framings of birth control, and progress in anchoring population discourse in international institutions despite setbacks. It reflects on reframing birth control within a politically complex landscape shaped by the Cold War, decolonization, and economic development agendas. Additionally, the chapter delves into the emergence of interventionist population policies in the 1950s, focusing on initiatives by the Population Council and IPPF. It highlights the humanitarian and human rights arguments used to advocate for population control, discussing conferences and influential figures such as Margaret Sanger and Frederick Osborn in shaping the discourse around population control, eugenics, and individual rights in the Cold War era.
The chapter explores the declaration of contraception as a human right within the United Nations, focusing on key events such as the International Conference on Human Rights in Tehran in 1968. The involvement of transnationally operating NGOs such as the International Planned Parenthood Federation and the Population Council is highlighted. The narrative showcases the shift toward population control as a human right, despite opposition from such entities as the Catholic Church. The chapter delves into the resolutions and debates at the Tehran conference, emphasizing differing perspectives on population control as a human rights issue. It particularly highlights contributions from the opposing blocs in the Cold War and the Communist critique against what Soviet states understood as the fusion of human rights and Neo-Malthusianism. The chapter concludes by discussing a significant transition toward justifying population control programs in terms of human rights rather than just economic necessity, arguing that the fusion of human rights with population control in the 1960s marks a significant turning point in the global discourse on demographic policies and individual rights.
Drawing on recent scholarship on international criminalisation, this article demonstrates how this concept is not only critical for explaining why certain global atrocities were recognised as international crimes but also why others failed to be criminalised in world politics. To do so, it focuses on piracy, an act that has been conventionally depicted as the first international crime to have been established within the international legal order but was subsequently excluded from the existing list of current international crimes. Guided by a conceptualisation of international criminalisation as a process that embraces, firstly, the emergence of an international criminal norm and, secondly, the translation of such a norm into an international legal proscription, the article analyses four historical periods across the twentieth century during which piracy was the subject of international debate amongst legal diplomats. Through a close analysis of primary documents from this period, it shows how piracy failed to be recognised as an international crime principally because an international criminal norm against piracy failed to emerge in world politics across this period.
This chapter offers a new way of understanding the workings of the Indian Constituent Assembly. We move beyond studying the script, or the published Constituent Assembly debates, making visible the labour, infrastructure and ideas that went into the staging and the atmospherics of the assembly itself as a public and a lived space. The procedural rituals, the pulse of the debates, and the physical setting of the Constituent Assembly building enabled and shaped the constitution-making process. We follow a few actors from the Constituent Assembly as they moved across different assemblies in India and abroad while the constitution was still in the making. In doing so, we reveal the Indian constitution’s part in an emerging international regime of human rights and practice of comparative constitutional law and reconstruct a sense of the everyday ordinary life of the Assembly, which was deeply connected with the Indian public and the world outside.
Having accomplished its immediate objectives, the spring of 2002 was an ideal moment for the administration to pause and reassess its strategy, goals, and purpose in Afghanistan. Rather than grapple with the newfound complexity, a sense of inertia, drift, and inattention took over. There was, of course, a sense of urgency and a serious debate starting in the spring of 2002, but it was not about Afghanistan. As the year wore on, the administration became almost wholly consumed with preparations for the war in Iraq. Counterintuitively, the drift and inattention could occasionally work to Afghanistan’s benefit. The Bonn Process unfolded as planned and was widely seen as a success with only loose oversight by policymakers in DC and more leadership from the UN. Unfortunately, Bonn would prove to be the easy part. While the political process unfolded, the international community tried, and, absent American leadership, failed to mount the most ambitious reconstruction and stabilization operation since World War II.
Community development represents the synthesis of post-war British colonial development policy. Officially used for the first time in 1948, in Arthur Creech Jones’ definition community development was a movement based on the active participation and cooperation of local community members promoting a better life for the community, encompassing all forms of improvement in the areas of agriculture, public health and sanitation, infant and maternal welfare, and the spread of literacy. The main purpose of this article is not to delve into the community development projects themselves but to discuss the ways this concept was implemented, used, and promoted by Britain in two different spaces: the colonies and the United Nations. These two contexts are pivotal for the promotion of the post-war British colonial rhetoric. In the colonies, British colonial discourse pursued two intertwined goals: on the one hand, the relegitimisation of the colonial empire and, on the other, the preparation of the transition to independence in order to maintain an influence that would replace political rule and physical presence. The United Nations were used instead by the British as an arena to internationalise their colonial policy and establish their legitimisation.
Chapter 7 frames Kenyan attempts of archival retrieval as a matter of decolonization at the international, bilateral, and national levels. Importantly, it also draws attention to how the concealment of the “migrated archives” affected political activity not only within Kenya but also in England, as a country undergoing its own re-nationalization process at the end of empire. The process of recovering records from the UK provided the Kenyan Government a framework in which to invoke a sovereign and unified Kenyan polity as the rightful home for the “migrated archives,” while dissent over Kenyatta’s centralized authority grew within the country. Meanwhile, British engagement with the “migrated archives” throughout the 1970s and 1980s resulted in the consolidation of postcolonial archival secrecy with other European partners as evident in the voting blocs formed in the 1983 Vienna Convention on the Succession of States in Respect of State Property, Archives and Debts.
Transnational corporations pose a dilemma for scholars of normative political economy. On the one hand, many think that such entities must be tamed by instruments of legal accountability and political control, lest they be allowed to act relatively untamed by legal and moral concerns. On the other hand, the very concern about regulating transnational corporations lends itself to suspicion of such efforts. Just as corporate power often reflects the interests of some class or national interest, efforts to extend normative standards can be seen as a vehicle for powerful nations and actors to extend their influence in the guise of moral or legal accountability. Reviewing three books that touch on different aspects of corporate accountability, this essay considers the way business ethics, human rights due diligence, and extraterritorial legal enforcement attempt to find the balance between these concerns. It concludes that meso-level institutions, which play an important role in all three books, may provide unique spaces for the mediation of normative accountability and power politics.
This article advances research on ‘collective securitisation’ by theorising how ostensibly separate securitisation processes within different international organisations (IOs) interact and shape each other’s policy outcomes. Focusing on climate change adaptation within the United Nations (UN) and European Union (EU), the study uses an extensive database of documents (1972–2023) and interviews with officials to trace these dynamics. The analysis reveals that the UN initially securitised climate change through a risk-oriented approach emphasising long-term risk management, subsequently influencing the EU’s adaptation policies. Conversely, the EU intermittently reintroduced threat-based framing into the UN, highlighting recursive interactions between these organisations. Findings suggest key moments of cross-organisational influence, notably during the audience acceptance and policy output stages. By incorporating insights from transnational policy learning and norm diffusion, the paper theorises precisely how and when these interactions occur, enriching the analytical framework of Collective Securitisation. This article contributes to understanding how international organisations’ securitisation processes interact and shape climate adaptation policies, emphasising the nuanced interplay between threat-based and risk-based logics.
United Nations peacekeeping seeks to protect civilians from violence in conflict. The UN’s ‘hard’ power, in the form of armed units, has been found to be effective in civilian protection. However, the UN also wields ‘soft’ power in various ways, including such aid investments as Quick Impact Projects (QIPs) that seek to meet local needs, build confidence in the operation, and foster support for peace. Yet, we know little about the effect of QIPs in supporting peacekeeping objectives. We argue that QIPs are unique, as they disincentivize rebel groups from engaging in plunder and strategic violence against civilians to acquire resource benefits. Further, QIPs incentivize rebels to reduce violence against civilians out of concern for losing civilian support. We therefore expect that QIPs should reduce rebel attacks on civilians. We test this hypothesis with disaggregated data on QIPs and rebel attacks on civilians in Africa. The findings support our expectations.
Recent times have been hard for global governance, not least for formal intergovernmental organizations (FIGOs). Given changing conditions and their inability to adapt, many observers argue that FIGOs are drifting and losing ground to low-cost institutions (LCIs). We argue that this widespread perception is incomplete and that it dismisses too quickly the durability of FIGOs. We begin by pointing out that not all FIGOs are drifting and that some may even thrive amid transnational crises and power shifts. We then highlight the possibility that in a densely institutionalized global environment, states can substitute one FIGO for another. Thus, even as one FIGO is drifting, other FIGOs, rather than or alongside LCIs, can take the mantle. We identify and exemplify three key motivations for FIGO substitution: overcoming gridlock, enhancing ideological alignment, and policy laundering. During crises and power shifts, some members might paralyze a FIGO, leading to gridlock and prompting other members to cooperate in another FIGO. Power shifts and crises can also motivate dissatisfied FIGO members to pursue parallel activities in a FIGO that better fits their ideological outlook. Policy laundering occurs when members use one FIGO over another to signal political intent. We conclude by exploring the normative implications of FIGO substitution.
While often described as a unified process imposed by external actors on weak, conflict-ridden countries, international state building increasingly comprises a variety of actors involved in different ways in (re)building a diverse set of institutions. Civilian preferences are often excluded from this fragmented environment. We identify and explicate three dimensions along which postconflict state building meaningfully varies: the actor involved, the type of institution targeted, and the form of involvement. We then examine how variation along each dimension impacts civilians’ state-building preferences with two rounds of original survey experiments fielded in Liberia. We find that Liberians largely prefer state-building processes overseen by a subset of international actors; that they prefer state building focused on security-oriented institutions over non-security-oriented institutions; and that different forms of involvement in the process meaningfully influence their preferences. We also find that these preferences depend on civilians’ characteristics. Ultimately, we provide an initial, conceptual mapping of the diversified landscape of international state building, as well as an empirical “unpacking” of the conditions that may shape civilians’ preferences toward the process.
Law-making is not a straightforward process in international law. This chapter focuses on the various law-making processes and structures available for creating international law. It first considers the traditional sources of international law as set out in art 38(1) of the Statute of the International Court of Justice generally and the concept of hierarchy of norms and relative norms before considering each of the art 38(1) sources in turn. The chapter concludes by considering alternative sources of international law not covered by art 38(1): 'soft law' including that created by non-State actors, and the role of the UN in creating international law.
Human rights are commonly invoked by States and individuals alike. Most recently there has been a spate of cases with a State accusing another of acts of genocide. The Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention) is the first human rights treaty which the General Assembly of the United Nations adopted in 1948. As an example, it gave South Africa the basis for accusing Israel of acts of genocide for their activities against Palestinians living in Gaza even though it had no immediate and direct interest in the situation. Since the Genocide Convention a host of other treaties have been adopted and ratified by States and the United Nations machinery for administering them is now complex and sophisticated, despite the traditional enforcement mechanisms that domestic lawyers are accustomed to having behind them.
International law is constantly adapting in response to developments in State practice, new treaties and an expanding international jurisprudence. International Law: Cases and Materials with Australian Perspectives provides students with up-to-date coverage of changing laws and their practical applications through a uniquely Australian lens. The fourth edition re-examines the principles and application of international law following major world events including the COVID-19 pandemic, Russia's invasion of Ukraine and the ongoing Israel–Palestine conflict. The student-friendly text has been thoroughly updated to reflect landmark cases and developments in the law resulting from these events, as well as the ongoing challenges of climate change, crimes against humanity, genocide, human rights abuses, nuclear proliferation, resource management, self-determination of peoples, and new treaties dealing with the high seas. Each chapter includes suggested further readings to encourage independent study. Written by an expert author team, International Law remains an essential resource for Australian law students.
This chapter is a short intellectual biography focusing on my interest and engagement in questions of political legitimacy over the years. The chapter is organized into three parts. I begin by discussing how the issue of legitimacy has been one of my key intellectual concerns ever since I started to do research on politics, initially in the context of the study of political and legal regimes in Latin America (Argentina, Chile, and Uruguay). Next, I highlight my understanding of political legitimacy as a responsibility and what this means for the evaluation and judgment of politics. This understanding builds on one of my previous books, Legitimacy and Politics: A Contribution to the Study of Political Right and Political Responsibility. Finally, I focus on how, gradually, in particular in connection with my work with the United Nations (UN), I became interested in the question of political legitimacy at the international level.
An international authority is necessary for the features of international legitimacy—that is, international membership, rights holding, fundamental principles of international law and hierarchy of rights holding, and rightful conduct—to be identified and operationalized, to become the expression of legitimacy and legitimacy in action internationally. Since the end of World War II, the United Nations (UN) has embodied this international authority. Having been established by the will of states and the UN Charter, the UN serves as the international authority of the time, the framework in which most of the construction and evolution of international law—be it through lawmaking treaties, the resolutions of the UN Security Council, or the work of the UN General Assembly and other UN organs—has taken place since the end of World War II. In the process, it has played a central role in determining what is and is not legitimate in international life.
This chapter concentrates on the conditions of access to and the nature of membership in the international system as established by international law—specifically, three issues. The first issue is the type of society that is presented as a legitimate collective member of the international order. One of the first steps that international law takes to determine legitimacy at the international level is to identify the criteria necessary for a collective actor to be viewed as a full-fledged legitimate member of the international community. The second issue is that after World War II and the creation of the United Nations (UN), access to international membership in the international order moved toward a form of universality that has been relatively pluralistic. The third issue is that despite this movement toward a pluralistic universality, there are limits to the universality and pluralism of international membership in the international system as defined by international law.
While the Sustainable Development Goals (SDGs) were being negotiated, global policymakers assumed that advances in data technology and statistical capabilities, what was dubbed the “data revolution”, would accelerate development outcomes by improving policy efficiency and accountability. The 2014 report to the United Nations Secretary General, “A World That Counts” framed the data-for-development agenda, and proposed four pathways to impact: measuring for accountability, generating disaggregated and real-time data supplies, improving policymaking, and implementing efficiency. The subsequent experience suggests that while many recommendations were implemented globally to advance the production of data and statistics, the impact on SDG outcomes has been inconsistent. Progress towards SDG targets has stalled despite advances in statistical systems capability, data production, and data analytics. The coherence of the SDG policy agenda has undoubtedly improved aspects of data collection and supply, with SDG frameworks standardizing greater indicator reporting. However, other events, including the response to COVID-19, have played catalytic roles in statistical system innovation. Overall, increased financing for statistical systems has not materialized, though planning and monitoring of these national systems may have longer-term impacts. This article reviews how assumptions about the data revolution have evolved and where new assumptions are necessary to advance the impact across the data value chain. These include focusing on measuring what matters most for decision-making needs across polycentric institutions, leveraging the SDGs for global data standardization and strategic financial mobilization, closing data gaps while enhancing policymaker analytic capabilities, and fostering collective intelligence to drive data innovation, credible information, and sustainable development outcomes.
As the first chapter in Part One (which describes the book’s two main characters – sustainable development and the World Bank exemplifying the IFIs – and narrates how their paths meet), chapter 1 maps the international community’s varied and evolving understandings of sustainable development, drawing particular attention to how these understandings overlap with and echo themes from early attempts to reform international economic law, ie the legal rules governing the global economic order, and the contemporary efforts to codify the human right to development.