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. FalkIf Trump were to go ahead with a renewed policy of hostility toward Iran, it would immediately raise tensions, and could quickly escalate in the direction of war, with grave dangers of producing another Syrian tragedy of massive displacement and prolonged strife that could cause turmoil and disruptions throughout the entire region, and give rise to a new cycle of extremism.
Richard A. FalkThe weaknesses and biases of the international mechanisms of accountability make it seem desirable to extend the domain of accountability by empowering domestic courts to act as agents of the world legal system. Even if there is no consistent application of Universal Jurisdiction, it still leads those who might be prosecuted to alter their travel plans to avoid even the complication of waiting for a complaint to be dismissed.
Richard A. FalkOur sense of the free market is variable, shifting from a more welfare-oriented model after the Great Depression to a capital-driven market after the collapse of socialism as a viable alternative.
Richard A. FalkIt is on balance desirable to encourage Universal Jurisdiction, and to create pressure from below to make application of such jurisdiction as consistent as possible. I think this will act as a deterrent in some situations, although this impact will never be acknowledged by those affected as it would only embolden civil society to intensify its pressures.
Richard A. FalkThe main challenge is what to do in the face of double standards. Those who should be rendered accountable under international criminal law, the Kissingers of this world, enjoy de facto impunity, while those who come from countries that have long been targets of hegemonic abuse are used as poster children of accountability.
Richard A. FalkIt would seem to be the case that pressure on Iran to acquire nuclear weapons is almost totally driven by their need for a deterrent capability to avoid the fate of Iraq, Libya. The use of American military force in Syria thus sends exactly the opposite message as supposedly desired to the leadership in Tehran - and to others. North Korea has been dealt with diplomatically because it has the bomb and might use it if provoked.
Richard A. Falk