INTRODUCTION
The decision-making process at international organizations are problematic. For example, culture could influence actors and cause undeveloped states to serve a traditional way of viewing the world, and as a result, effect the process. On the contrary, this is not the case for more powerful states like the US which have power to enforce its equal rights and exercise reform. To answer this question a case study was used to assess how decisions are made at the United Nations. In addition, analyse some of the key barriers by means of questioning, testing, and judging.
Furthermore, this essay will look into the problems facing their decision-making process, in view of its democratic and human rights legitimacy. Using two theoretical perspectives I will discuss and critically analyse whether the UN is a legitimate actor in international public policy. The main objective is to answer the question on whether the reforms of the UN, to make it more democratic or human right friendly, is legitimate and improve its effectiveness. To avoid being rational about this topic, a number of principles were taken into account using e.g. books, websites, newspaper and articles. For further guidance, review the bibliography, which gives a widespread synopsis of the connections made within this text.
Theoretical perspectives
Realism
Morgenthau, H. (1967). suggests we understand and study the objective laws of human nature to improve the effectiveness of international politics. Realism says nations only act to secure their national interest by means of power. The theory claims, \”nations are self-motivated and their interest are based on which it operates for securing its national interests”.
Morgenthau, H. (1967) says, morality cannot be used to examine state action, and states ambition should be to please and defend the burdens of national interest by means of nationalized power. In summary, the theory focuses on the idea of international politics, as a discipline, rather than one that only accepts the terms of interest defined as power by separating distinctive rational and moral attitude towards political issues. Morgenthau, H. (1967).
Liberalism
However, Liberalism views vary and often relates to classical liberalism as free markets and market-based mechanisms for governance. (Bearder et al., 2015) for example, Liberalist states like the US, define themselves as tough-minded reformists, whose government can shape its community by making it more just and wealthy. As a result, their opponents see them as advancing systems based on spontaneous and simple minded first laws without consideration to effective outcomes. Waltz, K. (1979)
Liberals assumes that people favour freedom from interfering power in the organizations, whereas their rivals acknowledge that they serve to interfere control on government prescriptions on consensual alliances in the marketplace. As a result, traditionalists advise maximizing individual freedom and encourage beneficial societal results. Whereas Federalist impact policies maximizing economic independence, it maintains that mankind can advance through self-government and rational actions.4. Waltz, K. (1959). In summary, the focus is on equal rights and whatever is best for the Public Welfare.
Case Study: The United Nations
How decisions are made?
The United nations has three decision-making processes, consultations, negotiating, implementation and action. Governments represent countries and people on the other hand the united nations represent all its members, and does only what member states agree to do. This process is called one nation and one rule vote for all. (United nations ,2016).
The General assembly is the main decision makers of the UN, which compromise of 193 states. Although a member of states often has the last say, it is generally a long process before the assembly gets to that stage. This involves holding meetings with facilitators and coaches from different working groups. Additionally, consultations by regional working groups gather the overall consensus, which is then altered into financial budget decisions by the deputy security general at GA. In the Security Council decision process a summary is drafted by one or one or more members of the council and distributed confidentially to others. In general, drafts can be negotiated or reformed during this consultation process. (United nations, 2016)
If agreed to by all members, the decision is professionally projected to the Security Council. Every member is given one vote. Furthermore, decisions then moved to a stage called substantive, which needs the overall vote of nine members and all five votes from permanent members before they can be passed. Consequently, all of the permanent members have the right of veto. As a result, responses can be positive or negative. For example, if one of the five members votes in opposition to a conflict resolution, it cannot be approved. Another form of formal action taken by the Security council, involves bureaucratic matters such as votes, time, selections, and future resolutions. (United nations, 2016)
Furthermore, a set of rules and principles and guidelines which explains the rights and duties of member states through the constitution called the UN charter. (United nations ,2016). The UN charter informs member states on what is expected and duties. For example, when a country becomes an affiliate of the UN, it accepts the goals and guidelines of the Charter. Article11 of UN charter, states its members consider the general principles of cooperation in the maintenance of international peace and security.
The implementation process is produced in form of a transcript which demonstrates the consensus of members of a set organ. Verdicts are typically numbered with the year or session and a number allocated in order of approval. The first choice of the organ is printed and the body of the report sent to its maternal organ and decisions are finalised and the end of the year. (Fawcett, E. and Newcombe, H, 1995).
The social and economic council offers synchronization, policy reviews, dialogues and recommendations on economic, social and environmental issues. This council works in alliance with the UN internationally agreed on development goals. On the other hand, the trusteeship council provides global administration for 11 Trust Territories given to seven of its member states and ensures that satisfactory steps are taken to prepare the region for self-government and independence. Additionally, one of the major legal operations of the United Nations is the international court of justice which officiates sanctions in accordance to with international law. Another principle organ is secretariat, which works closely with thousands of its staff members working periodically at duty stations and at peacekeeping missions across the world. (United nations, 2016)
b. What are the problems with the decision- making process?
The General Assembly provides a unique forum for multiparty debate of global issue as well as reconciliation and security. The guardian newspaper former secretary council general Kofi anon, advises the council to elect new permanent member or risk becoming irrelevant internationally. This suggests a problem, where the advice of internal leaders carries no superiority. On the other hand, we could argue that the nature of the General assembly is partially democratic. Since all members have one vote as part of the legislative body, the assembly operates as the governing body and only comes together once a year to conduct negotiations. (Guardian, 2014)
The Security Council which was created to presume statesmanship and advance international peace and security have proved unsupportive on some occasions. Although, the use of the veto after the end of the Cold War helped the Security Council become more effective decisions-makers. This meant that conflict resolution could be approved if a permanent member abstained from making their vote.
The main problem of the power of the veto is in the Security Council which only gives priority to permanent members to overrule votes of other non-permanent members of states. Consequently, power is impartial because of the larger funds these members contribute to the maintenance of the UN. Although, veto power may favour reforms there is no evidence of supplementary developments or constructs that can occur.
Liberals will say, veto is used to cover up bad decisions and consider that member states have hidden self-interests. In summary, the Interests of permanent members may not be the same when making agreements on the veto.
Another challenge is despite the on-going discussions of change, are societal problems within the United Nation social and economic organ. For example, the recent rise of Ebola and rebel groups that endeavour to defeat member states and an agreement; which has proved impractical because of states interests. Liberals claims will suggest that there is a problem within the foundational structure which is old and in need of reform. An example, is the veto power decisions which cause massive crises in Syria.
1b. It is not democratic
Although, the charter does not mention the word democracy the beginning of the Charter states, “We the peoples” which reflects the central belief of democracy. However, this does not make the UN democratic, as it gives equal votes to each member country regardless of size and budgetary mass, and permits wealthy nations to obtain votes through economic interests, this is difficult to regard as equal on poorer states. On the contrary, found in article 21(3) which states, “The order of the people shall be the foundation of the administration of government; which will be communicated in periodical and actual ballots which will is universal and equal suffrage and shall be secured by confidential vote or by commensurate free voting policies. However, it does not implement any power of decision making in situations of conflict amongst two countries, this makes, the UN as a whole partially democratic. However, we could argue that The Universal Declaration of Human Rights, adopted by the General Assembly in 1948, reflects the ideal of democracy which states “the will of the people shall be the basis of the authority of government.” (United nations, 2016)
The Declaration spells out the rights that are essential for effective political participation. Since its adoption, its inspired constitution-making around the world and has contributed greatly to the global acceptance of democracy as a universal value and principle. The democracy group aims to strengthen and provide opportunities for everyone’s to add in decision-making processes.52% of the Democratic Governance program targeted to assist Least Developed Countries, which is done every three weeks where a number woman engages through informed media voice outlets. Furthermore, 112 countries benefitted from UNDP\’s technical support to strengthen national capacities to fight corruption, with the majority of this work in the area of prevention. Therefore, we can consider non-functional parts of the organization democratic. (United nations, 2016)
2b. Does it protect/ respect human rights?
According to Bowles, reports are looked over and not implemented to further protect human rights and peace operations, which help affected areas to prevent additional damages or court measures to punish the guilty. Even if, the ethics of these problems are restricted, the declaration of human rights sounds good in theory and has some positive outcomes. (Bowles, 2001).
(United nations ,2016). Hence, we could argue that the existence of human rights would have been void without the UN. Additionally, the ongoing work with Governments, civil society, national human rights institutions and other United Nations entities and international organizations and for former Yugoslavia and for Rwanda have improved efforts to promote and protect human rights by setting three major dimensions: standard-setting, monitoring, and implementation on the ground.
This Implementation which aims to educate and send out field workers and protect and respect their rights. However, obtaining loyalty from the member countries, which promise to do everything in their capability to uphold human rights proves difficult. Since states are not always properly examined and not held accountable for reporting infringements that breach against the international human rights law, problems become hard to define. (Danchin, Fischer ,2010).
4. Discussion: Is the UN a legitimate actor in IPP?
A. Democratic legitimacy
Realism will say the rise of rule makers dominating the rule of law within states, is relevant. The theory supports the role of larger states dominating base on rational their interests. (Hurd, I.2007). In the same way, claim that the United nations is a reflection of power across the world. (Meshiemer,1994).
The democratic legitimacy of Security Council resolutions depends on frameworks provided by the UN Charter and international law, and their calculations are warrants in agreement with the principle of public ways of thinking could qualify as legitimate. The Iraq War’s legitimacy will be debated for years to come. (Kreiger).
Mearsheimer that states great powers are dependent on the decision-making of great powers and have no self-governing influence on state behaviour”. As a result, more emphasis is on self-interest actions of rule makers, which use laws to control rule- takers. (Hurd, I.2007). For example, the UN Security Council template can be appropriated to this approach, in the same way, the Security Council appears as an instrument for state interests. In summary, the will of the people is the basis of legitimate governance and influence of a democratic state. On the other hand, “Liberalist” views challenge its democracy, arguing that’s it is state-centric and considers that institutions are powerful independent actors, and natives like the united nations, which modify state as most wanted and advice a change in state performance. (Hurd, I.2007). On the contrary, Institutions can dampen countries from calculating self-interest based on every move that affects relative power positions and creates forums for policy cooperation. However, liberalism presumes states are not the only legitimate actors and that peace conflict is not the main issue but cooperation among nations, the United Nations, agreements, and other international regimes. (Meshiemer,1994).
B. Legitimacy in terms of Human rights
However, this does not always make actors involved Legitimate, because of human rights cases that are extraordinarily difficult to reach agreement on. Realism will say the UN human rights approach fallaciously suppose durability of national interest and do not restrain states that are not considered as terror suspects. Liberal on the other will look at the approach and say that there, is no distinguished state or political identity and that every country is to be judged by the same laws. Additionally, the greatest policy is unity across all functionalities and not be precise about rights but keep each other on the right path. This means even though liberals may support the UN approach, the party is prepared to criticize its approach when it’s not doing the right things. (Hurd, 2007).
This connection between sustainable peace and perceptions of legitimacy are directly relative as a result of experience or what can be observed through past events that have taken place. However, not much of that connection is often known or how it works is usually impossible to interpret. Often, states find that the disconnection of both internal and external parties reduces their ability to gather the ideas of states due to, the immeasurable beliefs of its local community and more importantly, their perceptions of legitimacy. In summary, what the inhabitants see as right will be different to how outsiders view what is right. For example, what actors look for is the way to strengthen central and national institutions in the peace process yet local sources of authority non-state actors may have greater internal legitimacy.
For instance, it’s impossible to justify the factors that contribute to internal legitimacy and whether there procedural, like how a government comes to power, or substantive. Whether respects human rights or provides adequate health or education. In some society’s religion or tradition can be the important source of legitimacy. Whereas, in most countries is a blend of factors, NGO, religion, rebel groups and government. In peace building, democracy, justice, security and health/education the United nations legitimacy is intangible, but still an essential tool in advancing public policy and producing effectiveness. (Hurd, 2007).
5. Conclusion
Would reform of the UN, to make it more democratic and human rights friendly and more legitimate, improve its effectiveness?
One of the significant challenges with united nations legitimacy is the academic policy divides amongst states. Arguably the role of states in the governance of UN human rights council risk compromise with peacekeeping operations which aim to reform lesser states. A solution to this could be having a way of dealing problems and providing a solution and creating a distinction between cultures, a set of norms and values which cause divide.
The resolution to this could distribution of power and reform cooperation amongst council and operations of states within countries and not just across borders. This involves the steering of western forces within the developing world. Consequently, issues of resolving conflict and peace building among states could be made easier and advance the decision-making process. The idea of bringing states together still has its opportunities, strengths weaknesses, and threats. On the other hand, the idea of being closer to the problem making things better may resolve the issues at stake but could apply more pressure on accountability, the use of power and steering forces used by states thus make it more legitimate and human rights friendly, and as a result improve its effectiveness. (Hurd, 2007).
This means even though liberals may support the UN approach, if its prepared to criticize its method when it’s not doing the right things. However, approval of a meticulous form of democratic government, without the consent of other actors and a community involved, is not legitimate. In my opinion, the development of liberal culture could help promote unity and make International policies more democratic and advance UN international policies.
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