IB Global Politics Global Governance and International Law Notes

Understanding Global Governance

Key Characteristics

1. Multilateral Cooperation: Involves multiple countries working together.
2. Non-Binding Agreements: Often relies on voluntary compliance rather than enforceable laws.
3. Diverse Actors: Includes states, international organizations, NGOs, and multinational corporations.

The Role of International Law

1. Sources of International Law:
   1. Treaties: Formal agreements between states (e.g., the Paris Agreement on climate change).
   2. Customary International Law: Practices accepted as legally binding (e.g., the prohibition of genocide).
   3. General Principles of Law: Fundamental legal concepts recognized by civilized nations.
   4. Judicial Decisions and Scholarly Writings: Used as subsidiary means for interpreting the law.

Key Institutions of Global Governance

The United Nations is the central institution of global governance. It brings nearly every state into a single forum to cooperate on peace, security, human rights, and development.

1. World Trade Organization (WTO):

1. Purpose: Regulate international trade and resolve trade disputes.
2. Significance: Promotes economic interdependence and reduces trade barriers.

2. International Monetary Fund (IMF) and World Bank:

1. Purpose: Provide financial assistance and support economic development.
2. Criticism: Accused of imposing austerity measures that harm developing countries.

Challenges of Global Governance

Sovereignty vs. Cooperation:

States may resist international agreements that infringe on their sovereignty.

Enforcement:

International law often lacks mechanisms to enforce compliance.

Inequality:

Power imbalances between developed and developing countries can skew decision-making.

The Future of Global Governance

1. Emerging Issues:
   1. Climate Change: Requires unprecedented cooperation and innovative solutions.
   2. Cybersecurity: Challenges traditional notions of sovereignty and security.
2. Reform Proposals:
   1. Democratizing International Institutions: Giving greater voice to developing countries.
   2. Enhancing Enforcement Mechanisms: Strengthening the ability of international courts to enforce rulings.

Case study

The Rwandan Genocide and International Law (1994)

• Background
  • Between April and July 1994, an estimated 800,000 Tutsi and moderate Hutu were killed in approximately 100 days.
  • The genocide was organized by Hutu extremists in government and military, using radio propaganda (RTLM) to incite mass violence.
  • The UN peacekeeping force (UNAMIR) under General Dallaire had only 2,500 troops and a mandate that prohibited intervention.
• Failure of International Law
  • The UN Security Council reduced UNAMIR from 2,500 to 270 troops during the genocide - the opposite of what was needed.
  • Member states, particularly the US and France, avoided using the word "genocide" to evade legal obligations under the Genocide Convention.
  • The Genocide Convention (1948) created a legal duty to prevent genocide, but no enforcement mechanism existed.
• Legal Aftermath
  • The International Criminal Tribunal for Rwanda (ICTR) was established in 1994 - convicted 61 individuals including Prime Minister Jean Kambanda.
  • The ICTR established the landmark precedent that rape constitutes genocide when used systematically to destroy a group.
  • Rwanda's Gacaca courts processed over 1.9 million cases using community-based transitional justice.
• IB Connections
  • The foundational case for understanding the failures of global governance and international law in preventing atrocities.
  • Directly led to the development of the Responsibility to Protect (R2P) doctrine in 2005.
  • Raises fundamental questions about sovereignty vs. human rights - when should the international community override state sovereignty?