To achieve effectiveness and legitimacy it is time to scrap the right of veto given to permanent members of the UN, or at least severely restrict its use. It is also time to either abandon the idea of permanent membership or broaden it to reflect the rise of non-Western states to the status of global leaders (e.g. Brazil, India, Indonesia, Turkey, South Africa), and to downgrade European representation by either giving the European Union a single seat or rotating a European state among Germany, France, UK, and Italy.
Richard A. FalkThe idea of self-determination was gradually given credibility by international law, and it lent strong emancipatory support to movements of liberation struggling against a West-centric world order. Latin American countries used international law creatively, both to limit the protection of foreign investment by establishing the primacy of national sovereignty in relation to natural resources, and by building support for the norm on non-intervention in internal affairs.
Richard A. FalkHistorically, international law lent a measure of legality to the colonial system, and allowed the West to set the rules for participation as a sovereign state on a global level. It also protected the interests of foreign investment in countries of the global South even when these were exploitative, and deprived countries of the benefits of resources situated within their territories.
Richard A. FalkI think if there is to be a crime of 'political genocide' it needs to be formulated with great care and precision to avoid unpopular views from being criminalised.
Richard A. FalkOn the one side, I welcome prosecutions of individuals such as Pinochet, and would welcome the indictment, prosecution, and punishment of Kissinger. On the other side is the geopolitical reality that only those in the global South are likely to experience the impact of Universal Jurisdiction.
Richard A. FalkThere was a deliberate decision after the failure of the League of Nations to make the next attempt to establish a global political actor sensitive to geopolitical realities. The underlying idea was to provide major states, defined in 1945 by reference to the winners in the Second World War (now an anachronism), with assurance that they could take part in the UN without jeopardising their national interests. In this regard, the UN has succeeded, as none of the big countries has withdrawn, and the Organisation has managed to achieve virtually universal membership of all sovereign states.
Richard A. FalkDoing something, however pathetic, is psychologically better than doing nothing. In the current political environment - that is, with no more Cold War tensions - the tendency is to counteract the feelings of fear and vulnerability with a variety of military, paramilitary and police measures, despite the reality that this kind of excessive reliance on force in many ways intensifies the very problem it is purporting to solve.
Richard A. Falk