Sign-In
Cart
The Future in the Past: Reconstructing Article 109(3) of the UN Charter Towards The San Francisco Promise to Constitutionalise the United Nations and
Hardcover
General ReferenceGeneral LawGeneral Political Science
Publisher Price: $89.00
Publisher: Center for United Nations Constitutional Rese
Published: Feb 11 2025
Pages: 456
Weight: 1.84
Height: 1.13 Width: 6.00 Depth: 9.00
Language: English
Failed Global State
A state without a government is called a failed state. Chaos, injustice and armed conflict being rampant. Recent reminders are Congo, Haiti, Libya, Somalia, Sudan, and Yemen. And all war theaters, including Gaza and Ukraine.
As the UN is not a world government, global governance is left to international law. This is characterized as having no hierarchy, little judicial independence or due process of law, and no supreme or appeals court, unlike what we would expect from national laws.
While the 'peoples' are subjects of law, they are not allowed to be lawmakers or interlocutors. According to UN law, the P5 of the Security Council, weaponized by the veto, at their choosing, in any decision, can be above the law.
The colossal failure of the UNSC has been in keeping the peace. Considering the armed conflicts and genocides since World War II, the cumulative death toll is estimated at 70 million, exceeding the military casualty of WW2. According to UNHRC, we now have a record 120 million war refugees, more than ever before in history.
Wars injure indiscriminately, impacting our animals, plants, and the environment. With hundreds of millions of tons of CO2 annually generated by militaries, wars fuel the climate crisis. Even when we are not fighting, we spend $2.2 trillion annually or 250 million dollars an hour on the military, which, if used, will cause havoc and, if unused, is still a monumental waste of talent and resources.
Wars are being taken to outer space, where a limited nuclear explosion could kill most satellites - indiscriminately knocking down our GPS, internet, weather and communication satellites. Two recent resolutions at the Council, one on non-proliferation of nukes, and the other on complete demilitarization of space, including nukes, were both killed because of P5 No votes.
During the Ukraine-Russia and Israel-Gaza wars so far, we have had at least 7 vetoes by two of the P5 permanents. Each veto has meant no end to war, no 'ceasefire, ' or even a 'pause, ' stealing the hope of peace for the affected and the inflicted.
International law, stuck in its 1600s Westphalian European origins of state-centric absolute sovereigns, does not recognize the people as the planet's sovereigns. In the fragmented IL, during wars, both sides extensively refer to the International Humanitarian Law, one of the bits of international law, to justify their actions. Whereas IHL is the law of war, in other words, the legalization of what is considered acceptable killing, torture, taking captives, and forcing migration.
The Future in the Past
With all the good it does, the UN is a WW2 architecture with the Security Council at its apex. The Council is not only intra-vires in war and peace but sees all collective security in its competency. While the Council has proven incompetent in stopping wars, it has also been stagnant when it comes to the global existential threats posed by climate change, pandemics, food security, outer space, and AI.
Being state-centric rather than responsible for the global commons, a 2022 Council climate change resolution advanced by Germany and the EU, as an existential threat to promote more concrete action by states to meet their mitigation targets, was torpedoed by a single P5 No vote. Putting in doubt the sustainability of our fragile planet.
Being aware of the insecurity risks of the Security Council and believing the United Nations is a work in progress, the 1945 Anti-Veto Rebels gifted us the key to the transformation of the UN: the Charter review and upgrade - the change process and gateway we have never tried before to make the UN 2.0 possible. This research builds a legal case for upholding the San Francisco Promise of Article 109 (3), constructing a social contract between the United Nations states and planetary citizens.
Also in
General Political Science
Solidarity: The Past, Present, and Future of a World-Changing Idea
Hunt-Hendrix, Leah
Taylor, Astra
Hardcover
Capitalism and the Camera: Essays on Photography and Extraction
James, Daniel
Coleman, Kevin
Paperback
The Craftivist Collective Handbook: Projects, Stories and Methods for Your Gentle Protests
Corbett, Sarah P.
Hardcover
Guerrilleros and Neighbours in Arms: Identities & Cultures of Anti-Fascist Resistance in Spain
Marco
Paperback
Battling the Big Lie: How Fox, Facebook, and the Maga Media Are Destroying America
Pfeiffer, Dan
Hardcover
Urban Revolutions: Urbanisation and (Neo-)Colonialism in Transatlantic Context
Kipfer, Stefan
Paperback
Disciplining the Poor: Neoliberal Paternalism and the Persistent Power of Race
Fording, Richard C.
Schram, Sanford F.
Soss, Joe
Paperback
Nonstate Warfare: The Military Methods of Guerillas, Warlords, and Militias
Biddle, Stephen
Hardcover
By the Light of Burning Dreams: The Triumphs and Tragedies of the Second American Revolution
Talbot, David
Talbot, Margaret
Hardcover
An Enemy Such as This: Larry Casuse and the Fight for Native Liberation in One Family on Two Continents Over Three Centuries
Correia, David
Hardcover
Turning the Tide: U.S. Intervention in Central America and the Struggle for Peace
Chomsky, Noam
Paperback
Democracy Incorporated: Managed Democracy and the Specter of Inverted Totalitarianism
Wolin, Sheldon S.
Paperback
The Persuaders: At the Front Lines of the Fight for Hearts, Minds, and Democracy
Giridharadas, Anand
Hardcover
Grassroots Rising: A Call to Action on Climate, Farming, Food, and a Green New Deal
Cummins, Ronnie
Paperback
Everyday Life and Politics in Nineteenth Century Mexico: Men, Women, and War
Wasserman, Mark
Paperback
Broken News: Why the Media Rage Machine Divides America and How to Fight Back
Stirewalt, Chris
Paperback
With Liberty and Justice for Some: How the Law Is Used to Destroy Equality and Protect the Powerful
Greenwald, Glenn
Hardcover
Doing History from the Bottom Up: On E.P. Thompson, Howard Zinn, and Rebuilding the Labor Movement from Below
Lynd, Staughton
Paperback
China Wakes: The Struggle for the Soul of a Rising Power
Wudunn, Sheryl
Kristof, Nicholas D.
Paperback
The Clash of Globalizations: Neo-Liberalism, the Third Way and Anti-Globalization
Kiely, Ray
Paperback
Regime Change: Inside the Imperial Presidency of Donald Trump
Haberman, Maggie
Swan, Jonathan
Hardcover
Separation of Church and Hate: A Sane Person's Guide to Taking Back the Bible from Fundamentalists, Fascists, and Flock-Fleecing Frauds
Fugelsang, John
Hardcover
The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader
Murray, Melissa
Hardcover
The College Scam: How America's Universities Are Bankrupting and Brainwashing Away the Future of America's Youth
Kirk, Charlie
Hardcover
American Struggle: Democracy, Dissent, and the Pursuit of a More Perfect Union: An Anthology
Meacham, Jon
Hardcover
American Scoundrel: Roy Cohn's Dark Journey from Joe McCarthy to Donald Trump
Bird, Kai
Goldmark, Susan
Hardcover
The Hundred Years' War on Palestine: A History of Settler Colonialism and Resistance, 1917-2017
Khalidi, Rashid
Paperback
Ordinary People, Extraordinary Times: How to Reclaim Your Power, Fight for Freedom, and Reimagine Democracy
Perryman, Skye
Paperback
The Elijah Mandate: A Call to Courageous Faith in a Hostile World
Tsarfati, Amir
Piflaks, Tolik
Paperback
Live Laugh Love: The Secret History of White Christian Women and the World They Made
Kobes Du Mez, Kristin
Hardcover
The Crooked Places Made Straight: Reflections on the Moral Meaning of America
Warnock, Raphael G.
Hardcover
Into the Wood Chipper: A Whistleblower's Account of How the Trump Administration Shredded Usaid
Enrich, Nicholas
Hardcover
The Invisible Coup: How American Elites and Foreign Powers Use Immigration as a Weapon
Schweizer, Peter
Hardcover
The Lost Founder: James Wilson and the Forgotten Fight for a People's Constitution
Wegman, Jesse
Hardcover
Last Branch Standing: A Potentially Surprising, Occasionally Witty Journey Inside Today's Supreme Court
Isgur, Sarah
Hardcover
The Jakarta Method: Washington's Anticommunist Crusade and the Mass Murder Program That Shaped Our World
Bevins, Vincent
Paperback
There Is No Place for Us: Working and Homeless in America (Pulitzer Prize Winner)
Goldstone, Brian
Paperback
If Anyone Builds It, Everyone Dies: Why Superhuman AI Would Kill Us All
Yudkowsky, Eliezer
Soares, Nate
Hardcover
Country of Lords: Neo-Aristocrats, Social Darwinists, Tech Utopians, and the Long Fight Against Equality in America
Phillips-Fein, Kim
Hardcover
There Is No Place for Us: Working and Homeless in America (Pulitzer Prize Winner)
Goldstone, Brian
Hardcover
Fear and Fury: The Reagan Eighties, the Bernie Goetz Shootings, and the Rebirth of White Rage
Thompson, Heather Ann
Hardcover
The Origins of Totalitarianism: With a New Introduction by Anne Applebaum
Applebaum, Anne
Arendt, Hannah
Paperback
Alito: The Justice Who Reshaped the Supreme Court and Restored the Constitution
Hemingway, Mollie
Hardcover