1 TCWD Week 5 Share Global Governance

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LESSON 5

CONTEMPORARY
GLOBAL GOVERNANCE
PREPARED BY
JOSE CRUZ MORALES, MBA
CONNECTING
• The students are expected to:

•Identify the roles


and functions of
United Nations
CONNECTING
• from 
International Institutions and Glo
•Discuss the
bal Governance Program
challenges of
• Challenges of Global
Governance Amid the COVID- global governance
19 Pandemic
• Perspectives From Council of
in the 21st century
Councils Institutes
• May 21, 2020
CONNECTING
• Formulate a position
paper to explain the
relevance of the
state amid
globalization
CONFIGURING
• ICC Is Investigating Duterte, Who
Suddenly Wants Out
• He says Philippines is withdrawing from the ICC,
‘effective immediately’
• By Kate Seamons, Newser Staff
• (NEWSER) – Philippine
President Rodrigo Duterte
has had a bumpy
relationship with the
International Criminal
Court. He once described
it as “bulls---,”
• then in February said he
welcomed its preliminary
investigation into allegations of
crimes against humanity
during Duterte’s war on
drugs. Now, he says he’ll pull
the Philippines from the court
altogether, “effective
immediately,”
• though the BBC reports that
formally withdrawing from the
ICC is a year-long process. “It
is apparent that the ICC is
being utilized as a political
tool against the
Philippines,” he said, while
blasting the “baseless,
unprecedented, and
outrageous attacks” directed
at him by the UN.
How it started?
• The Guardian looks
at the recent-most
bad blood between
the two that
apparently spurred
those comments.
Victoria Tauli-Corpuz
•Duterte’s
government put a
UN special
rapporteur on a list
of communist
terrorists,
• leading the body’s
commissioner for
human rights to say
last week that Duterte
needs “some sort of
psychiatric
examination
Is it possible to withdraw from
ICC?
• Should the Philippines
successfully withdraw
its ratification of the
treaty that created the
ICC, it would be only
the second country to
do so, after Burundi.
• But that wouldn’t
protect Duterte from a
potential trial, as the
treaty states
“withdrawal shall not
affect any cooperation
with the court in
connection with criminal
investigations.”
•Still, the BBC
notes it could
make the
Philippines less
cooperative.
Cooperation within our country…
• Speaking of cooperation,
the country’s Senate on
Monday flagged the
constitutional provision
that requires the Senate
to agree to the
revocation of any
international treaty.
• Duterte contends
the Senate failed to
publicize its 2011
ratification of the
treaty as required by
law, reports the
Associated Press.
DECODING
•1. What did you
feel after reading
the news article?
•2. Is the move of
President Duterte
relevant to the
country? Why or
why not?
•3. Share with the
class your
impressions with
the news article
presented.
•4. As a Filipino
citizen, would you
support Duterte’s
move of withdrawing
Philippines from ICC?
Defend your answer.
ADVANCING
• It cannot be denied that
globalization has made
a tremendous impact on
the sovereign state.
Fowler and Bunck (1996)
emphasized that a
sovereign state has a
territory, the people, and a
government.
What is the impact of
Globalization to one country?
• Any state admitted as
a member of the
United Nations will be
upon the decision of
the General Assembly
as recommended by
the Security Council.
• The United Nations
membership
requirements are (1) the
state must be a peace-
loving state which
accepts the obligations
contained in the present
Charter,
•and (2) in the
judgment of the
Organization, must
be able and willing
to carry out these
obligations.
• Chapter 2, Article 4
of the United Nations
Charter states that
only sovereign
states can become
members of the
United Nations.
• Although all UN members
are fully sovereign states at
the present, the Belarus,
India, Philippines, and
Ukraine- four of the original
members- were not
independent at the time of
their admission in the
organization.
Problems associated
with Globalization
Sovereign states are
experiencing increased
difficulties in supplying
regulatory and redistributive
public goods and establishing
and enforcing property rights in
the face of relatively open
trade, rapid information-
technology advances, and
considerable financial
deregulation.
• The international
system has now
become less state-
centric that makes a
way into the political
constitution of
domestic policies.
• Notably, the
advancements in
technology and its
innovations have
increased the speed of
the migration and
transplantation of legal
rules and policies.
• Sovereignty is at the heart
of both public international
law and the legal
constitution of the state.
Relevant changes in the
international system
definitely affect the
shape of sovereignty and
the future of the state
law.
• However today, any
sovereign state cannot just
neglect issues that are
related to the interests of
the humanity, may they be
within the borders or outside
the borders of the state.
•Individuals and
groups enjoy
greater
recognition as
subjects of
international law
• Victor Peskin observes
that the United Nations
Security Council's ad hoc
tribunals for the former
Yugoslavia and Rwanda
continued to trump state
sovereignty insofar as
targeted states and all
other UN members were
legally bound to comply.
• However, the
development of
international criminal
tribunals suggests a
changing balance of
tribunal authority and
state sovereignty.
• The establishment of
special hybrid courts in
Cambodia, East Timor,
Lebanon, and Sierra
Leone means that states
no longer see sovereign
state law alone as a
sufficient means of
punishing serious war
crimes.
• The decisions of
international judges
and prosecutors
now permeate and
shape the domestic
criminal law of
these countries.
• International law
has evolved into
a central
framework for the
emergent system
of global
governance.
• facilitation of the
international response
to issues as diverse as
nuclear proliferation,
climate change, ocean
use, and the
functioning of the world
trade system.
• A sovereign state
and its laws are
changing; they are
transforming
according to their
relevance to the
international
system.
• A state may, in some
point in time, opt to
comply with the
international and
transnational standards.
However, the adaptive
power of the state law
should not be
underestimated.
• Generally speaking,
the laws that govern
the sovereign state
are strong and
flexible enough to
endure the many
challenges along the
way.
• Even with globalization
around, the laws are here to
stand firm on the political
influence over the lives of
sovereign state’s people
and the majority of peoples
around the globe. (e)
END

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