1 BACKGROUND OF THE STUDY
Subjects of International Laws are those persons or entities that possess international personality. After the Second World War, more and more new actors and players surfaced in the International Law arena, examples of such are Intergovernmental bodies created by states, Non-Governmental Organizations created by individuals and in fact, Individuals themselves. The United nations remains the closest to what we can call government of the world founded on the United Nations charter it has a court to resolve disputes between nations of the world, it has the parliament (the General Assembly) and it can to an extent through the Security Council authorize collective enforcement from the United Nations, a plethora of International Laws emanate to see to different challenges facing the world. Different bodies, committees, commissions established to see to different area of challenges or areas that require urgent action, or areas necessary as a requirement of the United Nations Charter. There are hundreds of International Laws that emanated from various International Organizations, Commissions through the United Nations, all seek to bring to a halt different challenges facing the citizens of the world, so how come, despite various International Laws and order, Resolutions, Rapporteur reporting, International Laws appears incapable of addressing mammoth problems facing the world such as poverty, Terrorism, Genocide, Violence against Women, Climate change, Racism, Minorities, problems faced by Immigrants e.t.c. The problem of political instability has been cited to have played a major role in making International Laws effective in certain/some states but the question that comes to mind is why International Laws cannot come to aid of such nations to help in stabilizing such nations, the answer that again comes to mind is the politicizing certain issues, here, Syria readily comes to mind.
A number of key issues remains unresolved and the problems have been compounded by new forms or emergence of different global problems especially terrorism, which has now moved from Asia into Africa and now sparingly into Europe. The sincerity of the World powers in ending terrorism has been questioned in some quarters, some are of the opinion that certain powerful blocks benefit from it. This shall be well discussed in this paper.
According to Jovan petrologic “The challenges facing the international communities and extant International Laws translating the statements and well elaborated declarations of condemning Terrorism into concrete measures (legal, political and military ) that can effectively address the very negative effects and consequences of Terrorist activities”
The postulation of Jovan can serve as the background and basis for this paper. There is urgent need to look into extant International Laws thoroughly and elaborate them, study them, modify adequately and make International Laws concrete and wide reaching various lacunas that stems into enforcement, non- ratification, political undertones, lack of Trust in International Treaties and documents by small nations of the world and the cancer of witch-hunting behind certain International documents are to be urgently addressed. It appears the new challenges facing the world are left to states that are affected to find a way out, excuses of sovereignty has been given many times but the question that arises is that are there enough wide reaching International Laws that can curb the current challenges? The silence and inaction of the United Nations on the current situation of Syria has raised serious questions about International Laws and the body in charge of it. The invasion of Afghanistan on the pretence of rooting out the Taliban and the singular act of the United States of America under the guise of NATO in the attack and war carried out on Afghanistan and the unmerited silence of the United Nations are of serious concerns to the world. The Iraqi war, the war against Gaddaffi and despite existing International Laws, Libya was invaded and enemies of the government were supported by the United Nations and Gaddaffi was killed, can we then say, the guise of International Laws can cause political instability as we saw and now have in Libya? It can thus be said that United Nations, a body meant to see to equality of Nations and member states allows or permits double standards, the rich and powerful states acts with impunity while the weak and feeble nations are held accountable for their conducts. All these asks serious questions about International Laws and how the modern problems of terrorism, climate change, poverty e.t.c can be combated without a powerful country cutting the short or deciding for the rest of the world. These paper looks keenly into the loopholes of different International Statutes and how certain problems (non ratification, Justifiability, Lack of enforcement procedures, Political Instability, corruption e.t.c.) have made it so difficult for few standard International Laws to meet extant problems, The topic herein has its background in the problems listed above, these lacunas have made new problems and challenges far reaching for existing International Laws apart from the fact that there are new challenges. While some International documents are fore sightless to see or envisage or prevent challenges facing the globe. Those that are ever relevant like that of the refugees have been largely unused because of poverty, political instability e.t.c. that have plagued or plaguing the host nations.
The topic herein has generated so much questions and issues, like that of the silence of the United Nations where necessary and the hyper reaction where not needed. The United Nations as the government of the world should not be an additional headache to the problem not solved by International Laws, and those addressed by International Laws; the United Nations should not politicize it or bow to the selfish interest or power game of a powerful nation. This topic is essential in order to point out problems in certain International statutes and why those of widely accepted standards have failed to yield results in curbing modern problems. Of course, old laws can curb/halt new problems or challenges but the question is, has the old laws made for the then challenges root out the then problems? The answer is a definite NO, it is evident that new challenges and problems stemmed out or leaned on the old challenges to have a footing and support.
While there is plethora of articles written extensively on different international instruments, there have been little on the loopholes and gaps created or untouched these international Documents. This paper shall, using certain International Laws as examples or as targets bring and point out gaps and suggest means of addressing these gaps and where necessary suggest modifications that in the opinion of the writer will make International statutes/documents in discuss meet and combat present challenges. .
2 Focus
There is an astute relationship between the herein topic and the area of focus of this paper. This paper focuses more on terrorism, Asia and the positions of International Laws on terrorism. It is a known fact that terrorism is not new but the theatrics of terrorism are advancing day by day which present positions of the United Nations and International Laws have failed to adequately address. Since 1963, the United Nations has advanced about 14 universal documents and 4 amendments to guide against terrorism, this paper shall focus on these 14 documents and the 4 amendments, specialized agencies and commissions of the United Nations made these documents a reality. Again in 2005, the International Community introduced substantive changes to three of these universal documents so adequately account for the threat posed by terrorism; specifically on the 8th of July 2005, Amendments to the to the Convention on the Physical Protection of Nuclear Material was adopted by member states of the United Nations, again, on the 14th of October 2005, member states agreed to the Protocol of 2005 to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation and the Protocol of 2005 to the protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf. Again in the year 2010, two more legal instruments were added: the 2010 Convention on the Suppression of Unlawful Acts Relating to International Civil Aviation and the 2010 protocol Supplementary to the Convention for the Suppression of Unlawful Seizure of Aircraft. These treaties are international Law documents and further criminalize the act of terrorism using Civil Aircraft as a weapon and also criminalize the use of dangerous materials to attack aircrafts or other targets. So also unlawful transportation of biological, chemical and nuclear weapons and their related materials are made punishable under the above mentioned international documents. Additionally, directors, players and organizers of attacks and destruction of aircrafts, Vessels, airports etc are to be strictly liable. In fact, making a threat against civil aviation may also trigger criminal liability according to the tenets postulated by these International documents. This paper looks keenly into the reason why despite these documents and declaration, terrorism has in fact grown in strength in modern times. The United Nations Global Counter- Terrorism Strategy was adopted by the General Assembly on the 8th of September 2006, The United Nations underscored the importance of existing international counter-terrorism instruments by pledging to give due consideration to becoming partners with the United Nations in area of curbing terrorism, i.e. opinions and reports given by Non-governmental Organizations shall be adequately considered, all in a bid to flush out terrorism but to what extent has success been achieved? In 2006, Turkish Airlines Flight 1476, which was flying Tirana to Istanbul was hijacked in Greece air space by terrorists, it took the intervention of the Greek Air Force to save the lives of about 113 persons on board. On the 24th of March 2015, a Germanwings flight 9525, a scheduled flight from Barcelona to Düsseldorf was hijacked by a terrorist; he descended and killed 144 passengers and 6 crew members. One can go on and on to pick hijacking of aircrafts by terrorists despite the fact that there are International measures in place. In discussing terrorism, the following International Conventions shall be focused on:
1. 1963 Convention on offences and Certain Other Acts Committed on Board Aircraft (Tokyo Convention)
2. 1970 Convention for the Suppression of Unlawful Seizure of Aircraft (Hague Convention)
3. 1971 Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation (Sabotage Convention)
4. 1973 Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons (Diplomatic Agent Convention)
5. 1979 International Convention against Taking of Hostages (Hostages Convention)
6. 1980 Convention on the Physical Protection of Nuclear Materials (Nuclear Materials Convention)
7. 1988 Protocol on the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation (Airport Protocol)
8. 1988 Convention for the Suppression of Unlawful Acts Against The Safety of Maritime Navigation (Maritime Convention)
9. 1988 Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf (Fixed Platform Protocol)
10. 1991 Convention on the Making of Plastic Explosives For The purpose of Detection (Plastic Explosive Detection)
11. 1997 International Convention For the Suppression of Terrorists Bombings (Terrorist Bombing Convention)
12. 1999 International Convention for the Suppression of the Financing of Terrorism (Terrorist Financing Convention)
13. 2005 International Convention for the Suppression of Acts of Nuclear Terrorism (Nuclear Terrorism Convention)
14. 2010 Convention on the Suppression of Unlawful Acts Relating to International Civil Aviation (Beijing Convention)
15. 2010 Protocol Supplementary to the Convention for the Suppression of Unlawful Seizure of Aircraft (Beijing Protocol)
Presently under negotiations is the 16th International Convention, a proposed comprehensive Convention on International Terrorism. There are also Security Council Resolutions in Combating Terrorism. There are also Regional Laws on Terrorism. All these shall be looked into so as to see why the scourge of terrorism remains strong despite these existing Laws.
Suicide bombing is new and in fact strange to some countries and was not even envisaged by any law. Some countries like France just witnessed terrorism for the first time few months ago. This paper will shed light on available International Laws, criticize them and point loopholes and also make vivid the modifications that are necessary to enable them meet new challenges and also point out errors on the part of the United Nations and in fact countries of the world and how effective have been the tactics of the United Nations. Enforcement and Justifiability of International Law shall also be of serious focus in this paper and the hindrances caused by non ratification of member states on the rest of the world. Domestication of International Law requirement in certain countries shall also be well touched. Modifications necessary of the United Nations as a body to combat present challenges shall also be lucidly discussed, then modifications necessary of international law to meet present challenged ranging from Terrorism to poverty, climate change etc shall also be mentioned and discussed.
3 RESEARCH QUESTIONS
This paper ahs the following questions to provide answers for
1. Are there new challenges facing the world at large? Who are those responsible or better put what are the factors causing these challenges?
2. Are there existing Internationals Laws to combat these new challenges:
3. Are there old challenges and are there Internationals Laws to combat them?
4. How successful were the existing International Laws in combating the old challenges or reasons for the enactment of such International Laws?
5. If they (Already existing International Laws) were unsuccessful, why?
6. How relevant are the existing International Laws?
7. Are they ratified and enforced by affected countries or powerful Countries of the world?
8. Are there steps taken by the United Nations to combat the new challenges?
These questions are the tangent points of this thesis and to the best of my ability, insights into these problems shall be given and definitive answers shall be provided. The questions herein, in the course of the paper shall further raised salient questions, since no answer is definite in academics, further questions shall storm out questions and even answers.
4 RESEARCH TRADITION
The major Research Tradition in area of International Law is bringing to fore any International Law in question and in this paper the tradition of criticizing International Laws and suggesting a tenable solution shall be followed. Different international laws that are to be considered in this paper shall be lucidly criticized to Highlight why they have failed to meet modern challenges and problems. Enforceability and justifiability of these instruments shall also be lucidly discussed terrorism has been in the internationals agenda since 1934 when the league of Nations took a major step towards eradicating the scourge by discussing a draft convention to see to the prevention of terrorism. Although the then convention was adopted in 1937, it never come into force. Since the year 1963, over 14 instruments and 4 amendments have been elaborated to prevent terrorism. These instruments shall be look into within eagle eye to see why they have failed to end or curb terrorism globally. Similar action shall be taken on international documents on minorities, immigrants, poverty e.t.c.
5 Methods and instruments
This research work shall be qualitative, comparative and lucidly analytical. Recourse shall beamed to both primary and secondary sources of materials. Primary materials to include statutes, conventions and Resolutions. Secondary sources to include but not limited to textbooks, Journals, articles, law reports, newspapers etc. the internet shall also be adequately consulted. All these in a bid to contrast and see the lacuna in there international documents and how they can be modified to meet current challenges facing the globe. Asia shall be duly. On and adequate data on spate of terrorism shall be gathered so as to be able to actualize how terrorism has eatery deep into countries like Iraq, Afghanistan, Syria etc. again, findings shall made available on how the international community has responded to these deadly terrorist attacks which have been plaguing the world since the days of the united Nations. Cases of extreme poverty, climate change etc shall also be extensively analyzed.
All instruments gather shall be subjected to extensive study and analysis so as to be able to pick out academic criticism of such instruments. What there implies is that academic journals and articles that are to be consulted are not final in reliance and shall also be critically looked into before using opinions of writers/authors.
6 PRESENTATION AND ANALYSIS
The th4sis work is set in five chapters. Chapter one is a general introduction on the subject matter. Chapter two discusses the United Nations and International law in general. Chapter three examines the modern challenges being faced by the world and the reaction of the United Nations so far in curbing these challenges. Chapter 4 examines lucidly the surge of terrorism and how it has affected Asia and Africa, it also examines the reaction of international law to it. This chapter also enunciates modifications needed so as to combat terrorism. Chapter five contains the summary, conclusions and recommendations.
6.1 CHAPTER OUTLINE
Chapter one
General Introduction
i. Introduction
ii. Background of study
iii. Research questions
iv. Research Tradition
v. Methods and Instruments
vi. Presentation and analysis
CHAPTER TWO:
United Nations And International Law In General
i. Origin of the United Nations
ii. Structures of the United Nations
iii. Process involved in making International Laws
iv. What are UN Resolutions
v. Problems associated with UN internationals laws and why International law have failed to curb existing and modern challenges
CHAPTER 3:
Modern Challenges Faced By the World
i. Terrorism: History , origin and essence
ii. International Law on Terrorism
iii. Terrorism and Asia, Africa
iv. International law and poverty, Climate change and immigrants
CHAPTER FOUR:
Modification needed to Combat Terrorism, Poverty, and Climate Changing Immigrants
CHAPTER FIVE:
Summary, Conclusion and Recommendation