TCW Notes

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United Nations International Criminal Court

¬- International Entity created in the Treaty of Rome


- Structure of the UN - Deciding cases involving war crimes, genocide, crimes
- The UN is NOT a world government against humanity, and piracy (pirates)
- A voluntary organization of member countries who - Recently created court created in July 2002
meet in the General Assembly to recommend policies
with regards to current world events Globalization, Regionalization, and the ASEAN
- Decisions are under the Security Council
- Task is to help global problems especially issues that Region
threaten peace and order - Regions are a group of countries located in the same
geographically specified area (Can be neighboring
Role in Global Governance countries like ASEAN)
- Identifying and diagnosing problems - An amalgamation of two regions or a combination of
- Developing norms (principled ideas) more than two regions organized to regulate and oversee
- Formulating recommendations (operational ideas) flows and policy choices

The Main Gaps the UN has met in the 21st Century Regionalization
1. Knowledge - Refers to the regional concentration of economic flows
2. Norms
3. Policy Regionalism
4. Institutions - The body of ideas, values, and objectives that
5. Compliance contribute to the creation, maintenance, or modification
of a particular region or type or world order
Four Essential Roles of the UN - Associated with a formal policy and project and often
1. Managing Knowledge leads to institution building
- Recognizing the existence of a problem - A political process characterized by economic policy
- Collect solid data/complete data about the nature of the cooperation and coordination among countries
problem to find solutions - Ex: ASEAN and EU
- Understand its causes to understand the problem (W
and H questions) Regional Associations
- Are formed because:
2. Developing Norms * Military defense such as NATO
- The UN helps to solidify a new norm of behavior often * To pool their resources, get better returns for their
through summit conferences and international panels and exports, as well as expand their leverage against trading
commissions partners such as OPEC
- UN makes itself available as a forum/venue where * To protect their independence from the pressures of
countries will meet to discuss and debate about superpower politics such as National Aligned Movement
problems (NAM)
- Norms are considered essential to the functioning and * To insulate themselves from the ill-effects of economic
existence of society crisis
- Social interaction is viewed through normative lenses
from bilateral relations to relations among national
leaders
- Without norms, it would be difficult to have standards Non-State Regionalism
and solve issues without knowing what is right or wrong - The “new regionalisms”
- Tiny associations that include no more than a few
3. Promulgating Recommendations factors and focus on a single issue
- The next step: formulation of a range of possibilities - Huge continental unions that address a multitude of
(policies) about how governments and their citizens and common problems from territorial defense to food
IGO’s can challenge behavior security

4. Institutionalizing Ideas Contemporary Challenges to Regionalization


- Institutions can facilitate problem solving even though - Resurgence of militant nationalism
they do not possess any coercive power - Populism
- Only have the persuasive power - Continuing financial crises
- Disagreements over to what extent should a country - An international/global document signed under the UN
would sacrifice their sovereignty for the sake of regional by the representatives of the countries of the world
stability - Forms part of our laws
- Differing visions of what regionalism should be for - Applicable to everyone regardless of where you are
- A common standard for all peoples and all nations
Association of Southeast Asian Nations (ASEAN) - Strive to teach, educate, and promote the rights
- From Philippines, Malaysia, Thailand, Singapore and
Indonesia in 1967 to many other ASEAN nations UN Declaration
- A geopolitical and economic organization of 10
Southeast Asian countries Article 1: All human beings are born free and equal in
- Indonesia, Malysia, Philippines, Singapore, Thailand, dignity and rights. They are endowed with reason and
Brunei, Vietnam, Laos, Myanmar, Cambodia conscience and should act towards one another in a spirit
- ASEAN has preserved its regional peace despite of brotherhood.
differences in religion, cultures, etc.
Being
ASEAN Integration - Something that exists is a being
- It continues today and affects our lives - A table or a chair is a being
- Not necessarily living things
Global Citizenship
Human Being
Global Citizen - Rational beings (operate on reason)
- He who recognizes that there is a bigger world out - Person = a being with intelligence (capacity to think)
there and free will
- Understands how the world works in its different
aspects – political, economic, social, religious, cultural, Equality vs Equitability
social, environmental, etc. - Equal: Giving people the exact same thing (everyone
- Respect and value diversity has right-handed chairs)
- Participate and contribute to the local and global - Equitability: Giving people the specific needs (give
community on various levels and ways left-handed chairs for left-handed people)
- Willing to act to make the world a more sustainable
place Article 2: Everyone is entitled to all the rights and
- Outraged by social injustice and other forms of freedoms set forth in this Declaration, without
inequality distinction of any kind, such as race, color, sex,
- Take responsibility for their actions language, religion, political or other opinion, national or
social origin, property, birth or other status. Furthermore,
Rights no distinction shall be made on the basis of the political,
- Right means what is just jurisdictional or international status of the country or
- A right is what is owed territory to which a person belongs, whether it be
- Is a moral power in a person to do, to possess, or to independent, trust, non-self-governing or under any
demand something other limitation of sovereignty.
- The object of the virtue of justice - These rights are applicable to everyone regardless of
- Is founded on law any traits
- Natural right rests on the natural law - Lacking age in the law
- For ex: Right to life is a natural right - Not all countries are states

Plato’s Definition of Justice Article 3 (Section 1 of Bill of Rights): Everyone has the
- Justice is giving one his due right to life, liberty and the security of person.
Life
Freedom - Life is more than just existence
- Freedom is not absolute - The enjoyment of all bodily faculties
- One’s freedom ends where the rights of others begin - You should not be deprived of the enjoyment of these
- One freedom that is absolute: Freedom of thought (you faculties (to enjoy your senses like seeing, hearing,
are free to think but when you express your thoughts you smelling, tasting, feeling)
may be subject to the law) - For ex: In Japan, they cut off fingers of robbers which
deprives them of their right to life
Universal Declaration of Human Rights
Security of Person - Fair: The judge that is hearing the case must not
- Freedom of mobility display any biases
- If you are convicted, you are put in prison - Public: Open to the public

Article 4: No one shall be held in slavery or servitude; Article 11:


slavery and the slave trade shall be prohibited in all their 1. Everyone charged with a penal offence has the right to
forms. be presumed innocent until proved guilty according to
Slavery law in a public trial at which he has had all the
- Involuntary servitude guarantees necessary for his defence.
- Made to do something against your will (unapplicable 2. No one shall be held guilty of any penal offence on
to your parents) account of any act or omission which did not constitute a
penal offence, under national or international law, at the
Article 5: No one shall be subjected to torture or to cruel, time when it was committed. Nor shall a heavier penalty
inhuman or degrading treatment or punishment. be imposed than the one that was applicable at the time
- A punishment must be equitable to the nature of the the penal offence was committed.
crime - An act if it is not defined by the law as a crime is not a
crime not matter how wrong it is
Article 6: Everyone has the right to recognition
everywhere as a person before the law. Article 12: No one shall be subjected to arbitrary
- Whether you are in USA, Japan, etc. you have the right interference with his privacy, family, home or
to be recognized as a person and you have the full correspondence, nor to attacks upon his honour and
political and civil capacity to act accordingly under the reputation. Everyone has the right to the protection of
law the law against such interference or attacks.
- Refers to the privacy of a person (includes
Article 7 (Section 1 of Bill of Rights): All are equal correspondence such as emails, messages, etc.)
before the law and are entitled without any - One waives their right to privacy in social media
discrimination to equal protection of the law. All are
entitled to equal protection against any discrimination in Article 13:
violation of this Declaration and against any incitement 1. Everyone has the right to freedom of movement and
to such discrimination. residence within the borders of each State.
- Equal protection of the law regardless of their race, 2. Everyone has the right to leave any country, including
color, political beliefs, etc. his own, and to return to his country.
- In certain contexts, there are discriminations that are - One can choose where they want to live and has the
acceptable freedom to go anywhere anytime
- For ex: there a gender-based privileges - Exception to freedom of movements:
- In the context of child-bearing, your paternity leave is 5 - Covid lockdown
days but maternity leave is 105 days - If you are carrying a disease that is communicable, then
the state may restrict the freedom of movement
Article 8: Everyone has the right to an effective remedy - People who are in prison/are deemed dangerous to
by the competent national tribunals for acts violating the society (jail, mental hospitals, etc.)
fundamental rights granted him by the constitution or by
law. Article 14:
- Anyone even foreigners can file a case against the 1. Everyone has the right to seek and to enjoy in other
violator countries asylum from persecution.
2. This right may not be invoked in the case of
Article 9: No one shall be subjected to arbitrary arrest, prosecutions genuinely arising from non-political crimes
detention or exile. or from acts contrary to the purposes and principles of
- Nobody regardless of Filipino or foreigner cannot be the United Nations.
arrested without a warrant except if they are caught in - If the crime is filed against you is a non-political crime,
the act then you will not be granted asylum (robbery, murder,
etc.)
Article 10: Everyone is entitled in full equality to a fair Article 15:
and public hearing by an independent and impartial 1. Everyone has the right to a nationality.
tribunal, in the determination of his rights and 2. No one shall be arbitrarily deprived of his nationality
obligations and of any criminal charge against him. nor denied the right to change his nationality.
- Everybody who is born has the right to belong to a Article 21:
certain nation/country 1. Everyone has the right to take part in the government
of his country, directly or through freely chosen
Article 16: representatives.
1. Men and women of full age, without any limitation 2. Everyone has the right to equal access to public
due to race, nationality or religion, have the right to service in his country.
marry and to found a family. They are entitled to equal 3. The will of the people shall be the basis of the
rights as to marriage, during marriage and at its authority of government; this will shall be expressed in
dissolution. periodic and genuine elections which shall be by
2. Marriage shall be entered into only with the free and universal and equal suffrage and shall be held by secret
full consent of the intending spouses. vote or by equivalent free voting procedures.
3. The family is the natural and fundamental group unit - Right to take part in the government during elections
of society and is entitled to protection by society and the - Public services: roads, transportation systems,
State. PhilHealth, social services
- Consent must be full among the spouses - Authority of the government emanates from us

Article 17: Article 22: Everyone, as a member of society, has the


1. Everyone has the right to own property alone as well right to social security and is entitled to realization,
as in association with others. through national effort and international co-operation
2. No one shall be arbitrarily deprived of his property. and in accordance with the organization and resources of
- As soon as age 18, one can own and buy real and each State, of the economic, social and cultural rights
personal property under your name indispensable for his dignity and the free development of
- Real property (Immovable properties): land, buildings, his personality.
etc. - Social security: social services offered by the
- Personal property (Movable properties): Laptop, government
phone
- The government cannot just take your property without Article 23:
due process of law 1. Everyone has the right to work, to free choice of
employment, to just and favorable conditions of work
Article 18: Everyone has the right to freedom of thought, and to protection against unemployment.
conscience and religion; this right includes freedom to 2. Everyone, without any discrimination, has the right to
change his religion or belief, and freedom, either alone equal pay for equal work.
or in community with others and in public or private, to 3. Everyone who works has the right to just and
manifest his religion or belief in teaching, practice, favorable remuneration ensuring for himself and his
worship and observance. family an existence worthy of human dignity, and
- Freedom of thought is absolute supplemented, if necessary, by other means of social
- The expression of thoughts/religious beliefs is subject protection.
to the regulation of state/rights of others 4. Everyone has the right to form and to join trade
unions for the protection of his interests.
- Right to be employed and to choose your employment
Article 19: Everyone has the right to freedom of opinion - Favorable conditions of work: salary, benefits,
and expression; this right includes freedom to hold environment, etc.
opinions without interference and to seek, receive and - Salary payment must be just
impart information and ideas through any media and - Right to a living wage and be protected from
regardless of frontiers. unemployment
- Is wide enough in scope
- Example: Not wearing uniforms on school days can be Article 24: Everyone has the right to rest and leisure,
a freedom of expression but subject to the policy of the including reasonable limitation of working hours and
school periodic holidays with pay.

Article 20: Article 25:


1. Everyone has the right to freedom of peaceful 1. Everyone has the right to a standard of living adequate
assembly and association. for the health and well-being of himself and of his
2. No one may be compelled to belong to an association. family, including food, clothing, housing and medical
- Freedom to associate and rally as long as it is peaceful care and necessary social services, and the right to
security in the event of unemployment, sickness,
disability, widowhood, old age or other lack of - If you have rights and freedoms, you have duties and
livelihood in circumstances beyond his control. responsibilities as well
2. Motherhood and childhood are entitled to special care
and assistance. All children, whether born in or out of Article 30: Nothing in this Declaration may be
wedlock, shall enjoy the same social protection. interpreted as implying for any State, group or person
- Retirement pays any right to engage in any activity or to perform any act
aimed at the destruction of any of the rights and
Article 26: freedoms set forth herein.
1. Everyone has the right to education. Education shall
be free, at least in the elementary and fundamental
stages. Elementary education shall be compulsory.
Technical and professional education shall be made
generally available and higher education shall be equally
accessible to all on the basis of merit.
2. Education shall be directed to the full development of
the human personality and to the strengthening of
respect for human rights and fundamental freedoms. It
shall promote understanding, tolerance and friendship
among all nations, racial or religious groups, and shall
further the activities of the United Nations for the
maintenance of peace.
3. Parents have a prior right to choose the kind of
education that shall be given to their children.
- Public schools: Elementary is free
- Technical education: TESDA
- Professional education: Colleges

Article 27:
1. Everyone has the right freely to participate in the
cultural life of the community, to enjoy the arts and to
share in scientific advancement and its benefits.
2. Everyone has the right to the protection of the moral
and material interests resulting from any scientific,
literary or artistic production of which he is the author.
- Protection to those who are authors, artists, etc. of their
products
- Ex: Painters are protected by copyright laws

Article 28: Everyone is entitled to a social and


international order in which the rights and freedoms set
forth in this Declaration can be fully realized.

Article 29:
1. Everyone has duties to the community in which alone
the free and full development of his personality is
possible.
2. In the exercise of his rights and freedoms, everyone
shall be subject only to such limitations as are
determined by law solely for the purpose of securing due
recognition and respect for the rights and freedoms of
others and of meeting the just requirements of morality,
public order and the general welfare in a democratic
society.
3. These rights and freedoms may in no case be
exercised contrary to the purposes and principles of the
United Nations.

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