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INTERNATIONAL LAW AND NATIONAL INTERNATIONAL CONVENTIONS AND LAW INTERNATIONAL CUSTOMS International law - regulates relations of states and international International conventions - are persons. It is derived from...

INTERNATIONAL LAW AND NATIONAL INTERNATIONAL CONVENTIONS AND LAW INTERNATIONAL CUSTOMS International law - regulates relations of states and international International conventions - are persons. It is derived from treaties, international agreements, concluded international customs, and general between States, in written foreign, principles of law. If conflict arises, and governed by International law, the same is resolved through state embodied either in a single to state transactions. instrument or in two or more related National law - regulates relations of instruments and whatever its individuals among themselves or particular designation Art (1) (a), within the state. It consists of Vienna convention on Law of statutory enactments, executive Treaties. orders, and judicial pronouncements. If there is conflict, Multilateral Treaties - agreement the same as redressed through between more than two parties. local, administrative, and judicial They are often the result of an processes. International conference for a gathering of nations done under the How does international law become a part auspices of an international of the law of the state? organization. Ex: UN Convention on the Law of the Sea (UNCLOS) - for regulating Doctrine of Incorporation - is global issues mainly based under section 2, article 2 of the 1987 constitution, which Bilateral Treaties - is a treaty strictly states that:"Philippines adopts the between two state entities. It is an generally accepted principles of agreement made by negotiations bet international law as part of law after parties, established in writing and the land." signed by representatives of the Doctrine of Transformation - parties. requires the enactment by the Ex: Mutual Defense Treaty signed legislative body of such international between the Philippines and USA - law principles as our sought to be they addressed specific issues part of the municipal law (Coquia & between those countries. Defensor-Santiago,2005). International customs - also known Examples of PH law which adopts general as customary law, consists of rules principle of international law, both by of law derived from the consistent doctrines of incorporation and conduct of states, acting out of the transformation: belief that the law required them to act that way. (Aust,2010). There are two elements: given case to the international community, State Practice - consistent and widespread in view of it's common values and it's practice by states concern for compliance. Opinio juris sive necessitates ("opinion of law or necessity") - belief that practice is - multinary treaty that a state to take action; legally required or an obligation to all the other state parties to the same treaty owes in any given case Kinds of international customs: and concern for compliance,so that a 1. Regional custom - sets of rules only breach of that a breach of that obligation applies specific group of countries, like a enables to all these states to take region of the world. action(Vinuya v executive secretary 2. Special or local custom - very specific G.R.No.163230,April 28,2010) rule that only applies to small group of Examples of this are prohibition of acts of countries. aggression,on genocide and on the protection of basic human rights Jus Cogens and Obligations Erga Omnes TREATIES Jus cogens (compelling law) - - is an international agreement conducted occupy another category of between states,a written form and governed international customs as these refer by international law whether embodied in a to norms that command peremptory single instruments or in two more related authority superseding conflicting and instrument. customs which neither be derogated not modified, except by a norm or Steps in treaty making involves: similar characters (Vinuya v. 1.Negotiation Executive secretary G.R) 2.Signing of the treaty by the representative NO.162230,April 28,2010) jus 3.Exchange of ratification instrument cogens enjoy a higher rank in the 4.Ratification of the treaty by the international G.R NO 162230 April constitution organs of 28,2010) the respective states 5.Registrations with and publications by the - jus cogens enjoy a higher rank In the secretariat of international hierarchy than treaty law and the united nations (UN) even ordinary customary rules(prosecutor furundzia, international criminal tribunal for the former Yugoslavia,1998) Example of this - A state is obliged to refrain from acts norms on torture,racial descrimination, which would defeat the object and purpose genocide and piracy of a treaty when it has signed the treaty or has exchanged instruments constituting the treaty subject to ratification, acceptance of Obligations Erga Omnes (toward approval, until it shall have made its all) intention clear not to become a party to the -refers to an obligation under general treaty. It has expressed it consent to be international law that a state owes in any bound by the treaty,pending the entry into force of the treaty and provided that such ⚫ - both treaties and executive agreements entry into force is not undully delayed have binding effect upon states as long as (Art.18, Vienna convention on law of treaties negotiating functionaries have remained within their powers (USAFFE Veterans - connection thereto the power of the Association INC.V. treasurer the Philippines ⚫ president to Raffy to treaty is G.R.No.L-10500 June 30,1959). well-entrenched in the 1987 - A concordat is a treaty or agreement constitution.however,no treaty or between the pope and a state government international agreement shall be valid and that deals with religious,matters as well as effective unless concurred in by at least 2/3 the recognition and privileges of the holy of all the members of the senate (Sec see in other states (Sarmiento,2014) 21,VII,1987 Constitution). Best Principles Concerning Treaties Lesson 8 Pecta tertills nec nocent nec prisinto > a treaty binds the parties FOUR ELEMENTS OF STATES and only the parties. permanent location Pecta sunt servanta > agreement defined territory must be kept - every treaty in force government is binding upon the parties to it and capacity to enter into relations with must be performed by them in good each other states faith (Art,26 Vienna Convention on law of treaties STATE Rebuc sic stantibus > things The population being pertained to does not standing thus - a fundamental have to be homogeneous, racially, ethically, change of circumstances which has tribally, religiously, linguistically, or occured with regard to those existing otherwise. As to the territory the size would at the time of the conclusion treaty. not matter nor its boundaries be defined definitely. EXECUTIVE AGREEMENT AND The government a central one operating as ⚫ CONCORDAT a political body within the law of the land - an executive agreement is an and effective control to the territory is agreement by the president based on required the government must be sovereign authority granted by congress or based on and independent so that within it's territory the inherent authority granted to him/her by ⚫ the constitution. - this is distinguished from a treaty as States are created through the following the letter pertains to a covenant concluded -discovery and occupation, when a territory by the president with the advice and belonging to any states under the consent of the senate. sovereignty of claiming state. -No treaty or international agreement shall -prescription is when a territory is acquired be valid And effective unless concurred through continous and uninterrupted (Sec. 21 Article VII,1987 Constitution). possession over a long period of time  -cession involves the peaceful transfer of LANDMARK DOCTRINES IN STATE territory from one sovereign to another -accretion is the increase in the land area of Wilson/Tobar Doctrine - This doctrine the states precludes the recognition of governments -conquest the act of opponent and established by revolution, civil war, coup occupying all or parts of territory does not of d'etat, or other forms of internal violence itself constitute a basis of title to the land until the freely elected representatives of the people have organized a constitutional STATE government (Sarmiento, 2009). It's give Victor certain rights under international law as regard the the right of Betancourt Doctrine - This doctrine belligerent occupation,but the territory pertains to denial of diplomatic recognition remains subject to the legal title of the to any regime, right or left, which came to ousted power by military force (Sarmiento, 2009). sovereign.(Shaw,2008) Lauterpacht Doctrine - This doctrine State Recognition precludes the recognition of an entity which -is an act by which states acknowledge the is not legally a state as it constitutes an existence of another states, government,or abuse of the power of recognition. it belligerent community and indicates acknowledges a community which is not, in willingness to deal with the entity as such law, independent and which does not under the rules of international law therefore fulfill the essential conditions of (Nachura 2016) statehood as an independent state -is a political act and mainly matter of policy (Sarmiento, 2009). on the part of each state.it is discretionary on the part of the recognizing authority. Stimson Doctrine - This doctrine -the integration of a new state in the precludes the recognition of any international community does not take place government established as a result of automatically but through co-optation that is external aggression Nachura, 2016). individual and collective recognition on the part of already existing RIGHTS OF STATES states.(Sarmiento,2009) Jurisdiction Equality Individual or collective self-defense LANDMARK DOCTRINES IN STATE Independence RECOGNITION Legation 1. WILSON/TOBAR DOCTRINE 2. BETANCOURT DOCTRINE The right to independence - 3. LAUTERPACHT DOCTRINE Refers to freedom from state control, not 4. STIMSON DOCTRINE from binding restrictions. it also implies the duty of non-intervention, which involves a states interference in another affairs through force or threat. The right to equality - Legal bond Nationality is a legal The doctrine of equality of states are equal relationship, not just a feeling of in international law, despite their difference belonging. in size, population, wealth, strength, and State determination Each state civilization. In disputes, each state has the decides who its citizens are. right to one vote, with the weakest states International recognition: Other vote having equal weight. states must recognize a country's nationality laws. The right to existence and self-defense- Human rights: Everyone has the It allows states to use force to counter right to a nationality and cannot be threats to their sovereignty. Aggression deprived of it arbitrarily. involves using armed force against another Multiple nationalities: A person state's sovereignty or independence. To can have more than one nationality. exercise self-defense, it must be instant, Acquisition: Nationality can be overwhelming, limited, and give way to UN gained through birth, naturalization, security council measures. Collective or other means. self-defense allows states to defend another Loss: Nationality can be lost state if their situation meets individual through renunciation, deprivation, or self-defense conditions. Anticipatory other reasons. self-defense is legal if made in good faith, depending on the imminent danger. Nationality in the Philippines In the Philippines, nationality can be The right to territorial integrity and acquired through birth, naturalization, or jurisdiction- other processes. It can also be lost under Encompasses the right of the state to its certain circumstances. Understanding terrestrial, maritime and fluvial, aerial and nationality is important because it affects space covered by its territory. many aspects of a person's life, including their rights, responsibilities, and access to The right to legation - services. Pertains to the right of the state to send and receive diplomatic missions, which enable states to carry on friendly intercourse. DEFINING STATELESSNESS Statelessness is the condition of not having DEFINING NATIONALITY any nationality or citizenship. This can occur Nationality is a legal connection or bond when a person is born without a nationality between an individual and a state. This or if they lose their nationality. connection is based on factors like birth, naturalization, or other legal processes. It Key points to remember grants individuals certain rights and Lack of rights: Stateless people responsibilities within that state. often have limited rights compared to citizens, including difficulty with Key points to remember employment, education, and property ownership.  International law. International Exceptions: There are limited conventions aim to protect stateless exceptions to the non-refoulement people and provide them with basic principle, but they are narrowly rights. defined. Philippines: The Philippines has not signed or ratified the 1961 Good to know Convention on the Recognition of Understanding the concept of refugees is Statelessness. essential for understanding the challenges Nationality acquisition: The they face and the international efforts to convention provides that stateless protect them. It is also important to people can acquire nationality under recognize the principle of non-refoulement, certain conditions, such as being which is a cornerstone of refugee born in a contracting state or having protection. a parent with that state's nationality. Q/A 1. What regulates relations between states and international persons? Good to know INTERNATIONAL LAW Statelessness is a serious issue that can 2. What doctrine adopts international law as have significant consequences for part of the Philippine law? individuals. It is important to understand the DOCTRINE OF INCORPORATION concept and the efforts being made to 3. What is a treaty between two state address it. entities called? BILATERAL TREATY DEFINING REFUGEES 4. When a territory belonging to any states Refugees are individuals who flee their under the sovereignty of claiming state? home countries due to a well-founded fear DISCOVERY AND OCCUPATION of persecution based on their race, religion, 5.Is the increase in the land area of the nationality, membership of a particular States. social group, or political opinion. They are ACCRETION unable or unwilling to return to their home 6. The act of opponent and occupying all or country due to this fear. parts of territory does not of itself continue a basis of title to the land. CONQUEST 7. What doctrine pertain to denial of diplomatic recognition to any regime? Key points to remember BERTANCOURT DOCTRINE Persecution: Refugees are fleeing 8. What doctrine established by revolution, persecution, not just hardship. civil war, coup d'etat or other form of Non-refoulement: States are international violence? WILSON/TOBAR obligated to not return refugees to DOCTRINE places where they face danger. 9.It pertains to the right of the state to send Rights: Refugees have certain and receive diplomatic missions? rights, including the right to work, THE RIGHT TO LEGATION education, and legal protection. 10. Is a legal connection or bond between of marine resources and promote the an individual and a state. conservation of living resources and the NATIONALITY preservation of the marine environment. 11.Is the condition of not having any nationality or citizenship. STATELESSNESS Principles of the Law of the Sea 12. Individuals who flee their home countries due to a well-founded fear. The International law of the sea is governed REFUGEE by three principles: the Principle of 13.It is occupy another category of Freedom, the Principle of Sovereignty and international custom refer to norms that the Principle of the Common Heritage of command peremptory authority. Mankind. Traditionally the law of the sea JUS COGENS has been dominated by the Principle of 14.An international agreement conducted Freedom and the Principle of Sovereignty. between states The French jurist R.-J. Dupuy summarized TREATIES/TREATY the essence of the law as follows: 15. It is a treaty or agreement between the pope and a state or government that deals The sea has always been lashed by two with religious matters. major contrary winds: the wind from the high CONCORDAT seas towards the land is the wind of freedom; the wind from the land toward the high seas is the bearer of sovereignties. Unit 3 - Lesson 9 Law of the Sea The law of the sea has always been in the Law of the Sea middle between these conflicting forces The law of the sea is a body of international The Principle of Freedom aims to rules that binds states and other subjects of ensure the freedom of the various international law in their maritime affairs. Its uses of the oceans. functions are the spatial distribution of The Principle of Sovereignty national jurisdiction and to ensure seeks to safeguard the interests of cooperation between states (Tanaka, 2012). coastal states. The Principle of the Common United Nations Convention on the Law of Heritage of Mankind seeks to the Sea (UNCLOS) promote the common interest of all UNCLOS is the 1982 United Nations people in present and future Convention on the Law of the Sea. Also generations. referred to as “The Law of the Sea Codification of the Law of the Sea This law Convention, ” UNCLOS is an international of the sea has been codified into four: The convention that sets out the legal framework Hague Conference for the Codification of for the seas and the oceans by defining the International Law (1930). This was one of rights and obligations of States Parties with the earliest efforts to standardize respect to the maritime environment. international maritime law. The First United Nations Conference on the Law of the Sea, Its main functions are to promote the 1958 (UNCLOS I). The first significant step peaceful use of the seas, regulate the use by the United Nations to establish a comprehensive framework for maritime law. Closing line is a dividing line between the The Second United Nations Conference on internal waters and the territorial seas of a the Law of the Sea, 1960 (UNCLOS Il). This coastal State enclosing a river mouth, a bay conference aimed to address unresolved or a harbor. issues from the first conference, especially concerning the breadth of territorial waters and fishing zones. The Third United Nations Conference on the Law of the Sea, 1973-1982 (UNCLOS III). The most extensive and influential conference, aiming to create a unified and comprehensive legal framework for all maritime activities. Archipelagic Baseline An Archipelagic State is a state constituted wholly by one or Baseline more archipelagos and may include other A baseline is the line from which the outer islands. An archipelago is a group of limits of marine spaces under the national islands, including parts of islands, jurisdiction of the coastal state are interconnecting waters, and other natural measured. It is also the line distinguishing features which are so closely interrelated internal waters from the territorial sea that such islands, waters, and other natural (Tanaka, 2012). The types of baselines are features form an intrinsic geographical, as follows: normal baseline straight baseline economic, and political entity or which closing lines across river mouths and bays historically have been regarded as such. archipelagic baselines. (Par. (b), Art. 46, UNCLOS Il). A normal baseline lies where the sea Did you know? The nine-dash line area retreats at low water (low water line). claimed by the Republic of China (1912–1949), later the People's Republic of Straight baselines indicate the division China (PRC), which covers most of the between internal waters and the territorial South China Sea and overlaps with the sea. exclusive economic zone claims of Brunei, Indonesia, Malaysia, the Philippines, Taiwan, and Vietnam. Straight Archipelagic Baseline Under Par.1 Jurisdiction: Cases related to UNCLOS and Article47, UNCLOS III, An Archipelagic other maritime agreements. state may draw straight archipelagic baselines joining the outermost Islands and UNCLOS III: International law governing drying reefs of the archipelago. maritime zones. Key Zones: EEZ: Exclusive rights for coastal states. Continental Shelf: Territorial Sea A marine space under the Resource rights beyond territorial seas. territorial sovereignty Of the coastal state up High Seas: Freedom of use and to a limit not exceeding Twelve nautical international cooperation. ITLOS: Resolves miles measured from the baseline maritime disputes and enforces UNCLOS. Maritime Zones and International International Human Rights Law Maritime Law Universal Declaration of Human Rights Exclusive Economic Zone (EEZ) What is (UDHR) adopted by the United Nations the EEZ? Area: Up to 200 nautical miles General Assembly on December 10, 1984 from a country's baseline. Purpose: Allows at Palais de Challiot, Paris. It is not a legally exploration and use of marine resources. binding treaty but a mere declaration or statement of generally accepted principles Rights of Coastal States of human rights (Humphrey, 1979) Resource Exploration: Minerals, oil, and gas. Living Resources: Sedentary species The Universal Declaration of Human Rights (e.g., clams, oysters). The Universal Declaration of Human Rights (UDHR), adopted by the United Nations High Seas Areas outside EEZ, territorial General Assembly on December 10, 1984, sea, or internal waters. No Sovereignty: No defines universal human rights, irrespective country can claim ownership. What are the of nationality. It asserts that all individuals High Seas? are born free, equal in dignity and rights, and entitled to all rights and freedoms, Freedoms ofthe High Seas Navigation: regardless of race, color, sex, language, Movement of ships. Overflight: Aircraft religion, or other status. travel. Resource Use: Fishing, laying cables. Research: Conducting scientific Under Articles 1-21 of the UDHR, the civil studies. Duties: Assist Others: Help ships in and political rights provided therein are as distress. Anti-Piracy: Cooperation against follows: piracy. Drug Control: Prevent illegal drug (1) Life, liberty, security of person; trafficking (2) Freedom from slavery, torture, and arbitrary arrest. International Tribunal for the Law Of The (3) Equal protection of the law; Sea (ITLOS) Purpose of ITLOS: Dispute (4) Effective remedy, and fair hearings. Resolution: Handles maritime disputes (5) Freedom of movement, residence, between countries. Structure: Judges: 21 asylum, nationality, marriage, property members elected by member states. ownership, freedom of thought, conscience, religion, opinion, expression, peaceful assembly, participation in government, and those living in Non-Self-Governing and Trust equal access to public service. Territories. These rights include labor rights, (6) Economic, social, and cultural rights the right to health, the right to education, include social security, work, rest, leisure, a and the right to an adequate standard of standard of living, education, and living. participation in community culture. These rights aim to protect individuals and their Convention on Elimination of families from exploitation and oppression. DiscriminationAgainstWomen (CEDAW) International Convention on Civil and The Article 1 of CEDAW defines Political Rights (ICCPR) discrimination as the distinction, exclusion, or restriction of women that impairs their The International Covenant on Civil and recognition, enjoyment, or exercise in Political Rights (ICCPR) is a multilateral various fields, regardless of their marital treaty that was adopted by the United status. Articles 1 and 2 of CEDAW further Nations General Assembly in 1966 and states any act of gender-based violence that entered into force in 1976. It grants people results in physical, sexual, or psychological the harm or suffering to women, including (1) right to selfdetermination, threats, coercion, or arbitrary deprivation of (2) freedom from political status, liberty, whether in public or private life. This (3) economic, social, and cultural Convention aims to promote equality and development, and the fundamental freedoms for all individuals. (4) disposal of natural resources without prejudice to International Economic MigrantWorkers Connection Cooperation. The treaty also includes rights such as the A migrant worker is someone who is (5) right to life, engaged in a remunerated activity in a state (6) prohibition on genocide, where they are not a national. (7) freedom from torture, enslavement, The Migrant Workers Convention outlines imprisonment, and recognition as a person the rights of all migrants and their family before the law members, including freedom to leave any state, not to be subjected to torture or cruel INTERNATIONAL COVENANT ON treatment, not to be held in slavery or forced ECONOMIC, SOCIAL AND CULTURAL labor, freedom of thought, conscience, and RIGHTS (ICESCR) religion, freedom of expression, arbitrary interference, property deprivation, liberty The International Covenant on Economic, and security of person, and equality with Social and Cultural Rights (ICESCR) is a nationals before courts. multilateral treaty adopted by the United Nations General Assembly on 16 December United Nations on the Convention on the 1966. It came into force on 3 January 1976 Rights of the Child (UNCRC) and commits its parties to work toward the Article 1 of the UNCRC identifies every granting of economic, social, and cultural human being below 18 years old as a child, rights (ESCR) to all individuals including unless majority is achieved earlier. Children have rights such as birth registration, PRECAUTIONARY nationality acquisition, parental care, APPROACH/PRINCIPLE freedom of expression, thought, conscience, religion, association, assembly, protection when there is a lack of fullscientific certainty from violence, abuse, and sexual abuse, in establishing a causal link getween human access to health, social security, education, activity and environmental effect, and freedom from exploitation. They also estatourtshall apply the precautionary have the right to enjoy their culture, religion, principle in resolving the case befofe it 4 62 language, rest, and leisure. Rio Declaration on Pavironment and Development, Principle 15 PRINCIPLES ON INTERNATIONAL ENVIRONMENTAL LAW Lesson XI POLLUTER PAYS PRINCIPLE National authorities should endeavor to INTERNATIONAL ENVIRONMENTAL LAW promote the internalization of environmental The branch of public international law costs and the use of economic instruments, comprising of those substantive, procedural, taking into account the approach that the and institutional rules which have as their polluter should, in principle, bear the cost of primary objective the protection of the pollution with due regard to the public environment. The term "environment" is interest and without distorting international understood as encompassing both the trade and investment (1992 Rio Declaration creatures and products of the natural world on Environment and Development, Principle and those of human civilization (Sands & 16) Philippe, 2003). PRINCIPLE OF SUSTAINABLE ESSENTIAL ENVIRONMENTAL DEVELOPMENT PRINCIPLES It is development that meetsthe needs of the present without compromising the ability PRINCIPLE OF GOOD NEIGHBORLINESS of the future generationsto meet their own States have, in accordance with the Charter needs(Our Common Future, UN Document of the United Nations and the principles of A/42/427). international law, the sovereign right to exploit their own resources pursuant to their ENVIRONMENT IMPACT ASSESSMENT own environmental policies and the PRINCIPLE responsibility to ensure that activities within Environmental impact assessment, as a their jurisdiction or control do not cause national instrument,shall be undertaken for damage to the environment of other states proposed activitiesthat are likely to have or of areas beyond the limits of national significant adverse impact on the jurisdiction (1972 Stockholm Declaration on environment and are subject to a decision of the Human Environment, Principle 21). a competent national authority (1992 Rio Declaration on Environment and Development, Principle 17). PRINCIPLE OF INTERGENERATIONAL individual emission sources of groups of EQUITY sources Man bears a solemn responsibility to protect The main bases of liability for transboundary and improve the environment for present pollution under international law are as and future generations(1972 Stockholm follows: (1) An absolute duty to protect Declaration on the Human Environment, against harm from ultrahazardous activities, Principle 1) which if violated, results in a state being held strictly liable; (2) The absolute right PRINCIPLE OF COMMON BUT theory or the responsibility for negligent or DIFFERENTIATED RESPONSIBILITY intentional acts; and (3) good neighborliness Because developed states have contributed principle. (Sarmiento, 2009). disproportionately to global environmental degradation, and because they command SUMMARY The international environmental greater financial and law consists of several governing principles technologicalresources, those states have a to be followed by the concerned states. specialresponsibility in shouldering the These princiblesare also coupled with burden of pursuing globalsustainable tandards of conductfor compliance. In the development (Sarmiento, 2009). Philpines,these principles are readily applied in the environmental laws and PRINCIPLE OF NON-DISCRIMINATION recent Philippine jurisprudence. Each state should ensure that itsregime of environmental protection, when addressing A WORLD OF REGIONS UnitIV lesson XII pollution origination within the state, does not discriminate between pollution affecting GLOBAL DIVIDES the state and pollution affecting - global disparities, often due to stratification otherstates(Sarmiento, 2009). due to differing economic affluence but can also be in other aspects of globalization STANDARD OF CONDUCT Social stratification Across history, there STRICT LIABILITY THEORY have been many manifestations of states are under an absolute obligation to stratification in different societies. the prevent pollution and are liable forits phenomenon of segregating, grouping, and effectsirrespective of fault (Shaw, 2008). ranking people based on differences in class,race, economic status, and other LONG-RANGE TRANS-BOUNDARY AIR categories. POLLUTION Air pollution whose physical origin is PERSPECTIVES IN GLOBAL situated wholly or in part within the are STRATIFICATION under the national jurisdiction, of one state There are various theories which attempt to and which has adverse effects in the area explain dynamics and impacts of under the jurisdiction of another state at stratification among people in the world such a distance that it is not generally possible to distinguish the contribution of Modernization Theory Gaddis(2005, zubok (2007), Westad (2017), Modernization theory holds that as among others. societies become more economically In a nutshell, the Cold War came forth due modernized, wealthier and more educated, to political doubts among wartime allies. their political institutions become Forinstance, the United States has always increasingly liberal democratic. been wary of the Soviet Union ' s communist leanings, and it hasstated its Dependency Theories position to contain the latter ' s expansion. based primarily on the works of Raul Prebisch and Hanssinger(thus, The Cold War yielded two chief political Prebishginger hypothesis, the dependency factions: the Western Bloc, comprised by theories suggest that countries are either. the industrial/capitalist US and the North Store " (ie. developed) or " peripheral lie, Atlantic Alliance (NATO), which include developing)such thatresourcestend o How United Kingdom, Canada, France, Italy from peripheriesto the core. among others; and the Eastern Bloc Albania, Poland, Bulgaria, Romania, World System Czechoslovakia, Hungary, and A related theory discussed in earlier Afghanistan), led by the communist/socialist lessons that of Wallerstein, (1975).speaking Russian Soviet Federative Socialist about a world system composed of Republic. boundaries, structures, member groups,rules of legitimation, and coherence. In 1952, Alfred Sauvy, in his article Trois This world system is assumed to Mondes, Une Planète (Three Worlds, One acomprises a single capitalist Planet) at the L'Observateur, said: "Car world-economy " (Graf, 1980, p. 29)so to enfince Tiers Monde ignoré, exploité, speak. méprisé comme le Tiers tat, vet, lui aussi, être quelque chose" (in the end, The Third GLOBAL DIVIDES L e s s o n XI 9 World, ignored, exploited, and In the contemporary world,the buzz word misunderstood just like the Third Estates used to pertain to these stratifications desires to be something). In this article, among nations is the term global divide. Sauvy (1952) likened the Third World to the But, in the modern world, how did we reach Third Estates--the French commoners this point? whose suffering and upheaval led to the Frenchrevolution. FIRST, SECOND, AND THIRD WORLDS In 1974, Teng Hsiao-Ping, vice-premier of After World WarII, the United States and the the People ' s Republic of China 1977,spoke Soviet Union, which were wartime a lies, to the United Nations General Assembly. In entered a Cold War-a state of political thistalk, Teng (1974) profoundly noted the tension and rivalry, from warmid-1940sto distinction among Three Worlds: "The early 1990s. Several contemporary works United States and the Soviet Union make have reviewed this event in the light of post up the First World. war events. These include the writings of THE BRANDT REPORT AND ITS CRITICISM Graf also noted that the Brandt Report's in the 1980s, a comprehensive analysis of recommendations arenot totally new as global economy wasreported by the there are already proposals in the past with Independent Commission on International similar recommendations. He likewise Development Issues. The commission opined that the Brandt Report "is compelled wasled by Willy Brandt, West German by its raison d'être to exclude historical chancellor. This analysis was encapsulated dimensions from its platform" (p.29), which in what is popularly known asthe Brandt means that it did noput emphasis on the Report antecedents on why in the first place the North and the South arrived to have such The bottom line of this report was the kind of dynamics. contention on mutuality that for both the northern and southern countries to thrive, for Graf (1980, p. 28), a proposal for a global economy must be restructured, for global economic reform should look at the instance by transferring resources to “historical evolution of the world order southern economies, thus ending poverty examine “globalrelations” including " class relations " : (3) "define goals and oblectives, THE BRANDT LINE and (4) " specify strategy and tactic " thingsthat are seemingly absent or notso clearly defined in the Brandt Report LESSON 13: GLOBAL SOUTH Defining Global North and Global South The Global North often encompasses countries like the United States, Canada, Western European nations, Japan, and Australia, characterized by higher levels of economic The Brandt Report had critiques, which was development, advanced infrastructure, a healthy process for a report that tackled technological innovation, and significant such a monumental issue as global political influence on the global stage. economic affairs. William D. Graf, a political Conversely, the Global South includes and foreign affairs expert at that time, wrote regions like sub-Saharan Africa, Latin a comprehensive critique in The Socialist America, South Asia, and parts of Register (1981). Southeast Asia, where countries often face First, he pointed out that while the Brandt challenges like poverty, underdevelopment, commission is seemingly represented by limited resource access, and political northern and southern countries, it is not instability. represented according to "classes" within these countries, because most of the representatives are coming from political elites. Claudio(2014) economic development, "platform of political Claudio (2014) argued that, amidst these articulation, economic and commercial complex views on globalization looking at integration and projection to the world, with state and interstate inequalities is essential emphasis on the Asia Pacific region. in understanding the global south. He provided three contentions : *Decolonization Mercosur process produces states. *Problems of -Also "The Southern Common Market" globalization can be discussed and solved -Founders: Argentina, Brazil, Paraguay and at the state level. *Transnational Uruguay phenomena" are arguably outcomes of state -Subsequent members: Venezuela and politics. He, however, forewarned that some Bolivia might object against his frameworks for the -Nature: Regional integration process -Goal: following reasons, which he also discussed common space for business generation and in detail: *Some inequalities cannot be investment opportunities through explained by state politics *Not all colonial "competitive integration of national territories are states *Globalization economies into the international market" challenges "geographically bound conceptions of poverty and inequality" LESSON 14: ASIAN REGIONALISM The Rise of the Global South: The Latin ASIAN REGIONALISM America Experience Regionalism in the contemporary world is a complex and dynamic process that reflects Many of the countries in the world are the increasing interconnectedness of referred to as countries in the Global South. nations within specific geographical areas. It Among the countries commonly associated involves cooperation, integration, and the with the term are the countries in Latin pursuit of shared interests among countries America (Dados & Connel, 2012). within a region. Historically, countries in this part of the Amidst globalization, another phenomenon world have manifested a colorful political is becoming more apparent regionalism. scene, characterized by massive and Tanaka and Inoguchi (1996), in a forceful resistance from the grassroots. compilation of papers presented at the Across time as well, countries in the Latin United Nations University, articulated that Americas have been plagued by poverty the post-Cold War era is characterized by and economic instability unique dynamics in international relations. First, countries tend to rely on global fora Hettne's Faces of Regionalism and such as the United Nations in resolving Degrees of Regionness regional conflicts, thus, paving way for the emergence of peacekeeping initiatives and Alianza de Pacifico regional trade organizations.Second is the -Also "Pacific Alliance" -Founders: Chile, emergence of regional cooperation among Colombia, Mexico and Peru countries to achieve political and economic -Nature: Inclusive integration process goals. Hernandez (1996) even suggested -Goal: participatory integration for free that such flexibility and fluidity in regionalism mobility in trade, inclusive and equitable is consequential to the end of the Cold War Hettne's Faces of Regionalism and 5. Region as an acting subject -A region can Degrees of Regionness be construed as a group of nations concerned about peace, welfare, and Old Regionalism prosperity of its people *bipolar such that it was produced in a schism between oopposing political Asia is among these regions where regional alliances cooperations are emergent and becoming *imposed by the superpowers more influential. Hernandez (1996) *secures economic security within alliance mentioned specific trends which probably *specific to economic and political necessitate regional cooperation in the Asia objectives Pacific regions. Security challenges, *focused only on nationstates ecological breakdown, demands for human resources, labor migration, international New Regionalism terrorism, epidemics, and drug trafficking *multipolar as it is open for multilateral are just among the issues faced in this part engagement and collaborations among of the world-phenomena which demands countries multilateral response. *spontaneous and sought voluntarily Asia is the largest and most populated by constituents continent in the world. Geographically it is *open inasmuch as it is multipolar separated from the European continent by *comprehensive and multidimensional the Urals, from Africa by the Suez Canal, (political, cultural, economic, social) from the North America by the Bering Strait *involves non-state actors (The Columbia Electronic Canal, from 2012). It is comprised of distinct regions FHettne (1996) suggested that regioness suche following Asia, East Ency South Asia, varying degrees Southeast Asia, and the Middle East. The 1. Region as a geographical unit - A region following are some information about these can be construed a Regiosical environment. distinct coastal regions For example, we can determine Asie es reg based on the land and water boundaries surrounding it. 2. Region as a social system - A region can be construed as a conglomera of people occupying a particular space and possessing unique dyman of Interaction. 3. Region as organized cooperation - A region can be construed as a grup of nations who agree to take part and form a formal organization 4. Region as civil society - A region can be construed as a network of cultural and social linkages among countries who voluntarily take part in a cooperator among nations.  Furthermore, Kuroda noted that the "market-friendly, multitrack, and multispeed" (p.v) approach of the Asian integration is beneficial for the Asian region because of the following reasons: -Members can integrate based on their capacity vis-àvis the available opportunities. -It opens up for collaboration and merging of smaller groups. -It is responsive to business and open markets. There are various benefits perceived from the Asian integration. Some of those discussed Dynamics of Asian Regionalism by ADB In 2008, the Asian Development Bank (2008, p. 13) are as follows: published a book on the emerging -It harnesses the strengths of diverse regionalism in Asia. Haruhiko Kuroda, then economies. president of ADB, in the Foreword of this -It provides platform for connecting financial manuscript, articulated that integration is markets contributory to the economic development (reduced capital, shared risks). experienced by Asian countries then. -It makes the economy more resilient to Kuroda identified some factors which are global risks. influential in the growing -It pools resources. integration at that time: -It creates regional mechanisms for safety Enhanced dialogue between citizens of and Security. various nations - This is facilitated by growing tourism activities in the regions However, there are also challenges (ADB, and the consistent multilateral 2008, p. 17): -The need to establish meetings among leaders of nation-states. compatible product standards -The need to Expanding intraregional trade and establish guidelines that buffer financial investments - This brings forth closer contagion and ensure compatible financial financial markets and interdependent regulations -The need to coordinate economies. macroeconomic policies -The need to Increased connectivity - This is facilitated by manage cross-border environmental and regional infrastructure social policies (e.g., fair treatment of migrant projects as well as collaboration in workers) Amitav Acharya (2010), a delivering public goods. professor of International Relations, pointed out several criticisms that people New Regionalism Old Regionalism who are skeptical to Asian regional 10.It is multipolar as it is open for institutions have.Amidst challenges and multilateral engagement and criticisms, cooperations in the Asian region collaborations among countries remain to exist, in principle, to serve the New Regionalism goals of its members. These cooperations 11. It is bipolar such that it was produced in are as follows:APEC (Asia Pacific Economic a schism between opposing political Cooperation) alliances Old Regionalism EAS (East Asian Summit) 12. A region can be construed as a group of APc (Asia Pacific community) nations concerned about peace, welfare, EAC (East Asian Community) and prosperity of its people. What regioness ASEAN (Association of Southeast Asian varying degrees. Region as an acting Nations) subject APT (ASEAN Plus Three) 13. A region can be construed as a congiomera to people occupying a particular Dynamics of Asian Regionalism space and possessing a unique dynamics 1. It pertain to countries that are of Interaction. What regioness varying economically struggling, what degrees.Region as a social system is it? Global South 2. It is refer to countries that are 14. A region can be construed a Regiosical economically developed environment. For example, we can Global North determine based on the land and water 3-4. There are two major trade boundaries surrounding it. What regioness organizations in the Latin varying degrees. Region as a geographical Americas Pacific Alliance and Mercosur unit 5. Its goal is to have participatory integration 15. A region can be construed as a group of for free mobility in trade, inclusive and nations who agree to take part and form a equitable economic development, formal organization. What regioness varying "platform of political articulation, economic degrees. Region as organized cooperation and commercial integration and projection to the world, with emphasis on the Asia Pacific region. Pacific Alliance 6. The goal is to have common space for business generation and investment opportunities through "competitive integration of national economies into the international market The Southern Common Market 7.It refers to the process of building regional institutions, a process that involves the governments of Asia major. Asian Regionalism 8-9. What are the two faces of regionalism