Human Rights and Environmental Global Governance

Global governance refers to the ways in which international affairs are managed across borders, particularly in areas where national governments cannot act alone. Two of the most significant areas requiring global cooperation are human rights and the environment. As global issues, they demand collective action, robust institutions, and effective legal frameworks. This section provides an overview of the origins and development of international law and institutions, their authority and roles, and the key debates and challenges they face in the contemporary world, specifically in relation to human rights and environmental governance.

Origins and Development of International Law

International law has developed to regulate relations between states and, increasingly, to protect individuals and the global environment. Its origins can be traced to early treaties and customs, but the devastation of the two World Wars led to a surge in international cooperation and the creation of modern institutions.

Key Institutions

International Court of Justice (ICJ): The principal judicial organ of the United Nations, established in 1945. The ICJ settles disputes between states and gives advisory opinions on legal questions referred by UN bodies.

International Criminal Court (ICC): Created by the Rome Statute in 2002, the ICC prosecutes individuals for crimes such as genocide, war crimes, and crimes against humanity. Unlike the ICJ, it focuses on individual rather than state responsibility.

Special UN Tribunals: Temporary courts established to address specific conflicts, such as the International Criminal Tribunal for the former Yugoslavia (ICTY) and Rwanda (ICTR).

European Court of Human Rights (ECHR): Established in 1959, the ECHR ensures that member states of the Council of Europe adhere to the European Convention on Human Rights, allowing individuals to bring cases against states.

Sources of Authority

The authority of these institutions comes from international treaties, customary law, and landmark declarations. A central document is the 1948 Universal Declaration of Human Rights (UDHR), which sets the global standard for human rights, even though it is not legally binding. Other sources include the UN Charter, Geneva Conventions, and regional agreements such as the European Convention on Human Rights.

Key Issues in Human Rights Governance

State Sovereignty

Sovereignty is the principle that states have authority over their own territory and domestic affairs. However, the growth of international human rights law challenges absolute sovereignty, as states are increasingly expected to uphold universal standards.

Humanitarian Intervention

This refers to the use of force by states or international organisations to prevent or end widespread suffering within a country, often without the host state's consent. It raises debates about when (or if) it is justified to intervene in another country’s affairs.

Selective Interventionism

Critics highlight that humanitarian interventions are often inconsistent, with powerful states intervening in some crises but ignoring others, sometimes due to political or strategic interests.

Responsibility to Protect (R2P)

R2P is a global norm adopted in 2005, asserting that the international community has a duty to intervene (diplomatically or militarily) when a state fails to protect its population from mass atrocities.

Western Double Standards

This term refers to accusations that Western states apply human rights standards unevenly, intervening or criticising some countries while overlooking abuses by allies or themselves.

Environmental Governance

Key Institutions and Agreements

United Nations Framework Convention on Climate Change (UNFCCC): Established in 1992, the UNFCCC is the main international treaty for addressing climate change, providing the framework for agreements such as the Kyoto Protocol and Paris Agreement.

Intergovernmental Panel on Climate Change (IPCC): Founded in 1988, the IPCC is the leading scientific body for assessing climate change, informing policy with regular reports on the latest scientific findings.

Significance and Roles

The UNFCCC coordinates global efforts to limit greenhouse gas emissions, while the IPCC provides the scientific basis for policy decisions. These institutions help set targets, monitor progress, and facilitate international cooperation.

Addressing Contemporary Global Issues

International institutions address a range of global challenges:

• Conflict: The ICC and special tribunals prosecute war crimes, aiming to deter future atrocities.
• Poverty: Human rights bodies highlight the link between poverty and rights violations, and advocate for social and economic rights.
• Human Rights: The ECHR and UN mechanisms hold states accountable for abuses.
• Environment: The UNFCCC and IPCC coordinate responses to climate change, biodiversity loss, and pollution.

Effectiveness and Challenges

State Sovereignty and Enforcement

Many international institutions lack enforcement powers, relying on state cooperation. States may ignore or withdraw from decisions that threaten their interests, limiting the effectiveness of global governance.

Controversies in International Courts

The ICC and other courts have faced criticism for perceived bias, limited jurisdiction, and the refusal of some major powers (e.g., the United States, China, Russia) to participate fully. Cases can be slow and outcomes uncertain, raising questions about their deterrent effect and legitimacy.

Competing Views in Environmental Governance

Shallow-Green Ecology: Focuses on reforming existing systems to reduce environmental harm, often through technological solutions and sustainable development.

Deep-Green Ecology: Argues for fundamental changes to society and human values, advocating for the intrinsic value of nature and more radical limits on growth.

Sustainable Development: Seeks to balance economic growth, environmental protection, and social equity for present and future generations.

Tragedy of the Commons: Describes a situation where individuals, acting in their own interest, overuse and deplete shared resources, highlighting the need for collective management.

International Agreements: Strengths and Weaknesses

Obstacles to Cooperation

Sovereignty: States may be reluctant to cede authority to international bodies.

Developed vs Developing World: Disagreements over who should bear the costs and responsibilities of action, given historical emissions and current capabilities.

Responsibility and Measurement: Challenges in agreeing how to measure emissions, allocate responsibilities, and verify compliance.

Role of Civil Society and NGOs

Non-governmental organisations (NGOs) and global civil society play a crucial role in global governance. They raise awareness, monitor state behaviour, provide expertise, and advocate for victims of rights abuses or environmental harm. Examples include Amnesty International (human rights) and Greenpeace (environment). NGOs can pressure governments and international institutions to act and sometimes fill gaps where formal mechanisms are weak.

Key Terminology

State Sovereignty: The authority of a state to govern itself without external interference.

Humanitarian Intervention: Action by states or organisations to prevent or end human suffering in another country.

Selective Interventionism: Inconsistent application of intervention, often influenced by national interests.

Responsibility to Protect (R2P): The principle that the international community must act if a state fails to protect its population.

Universal Declaration of Human Rights (UDHR): A foundational UN document setting out universal human rights standards.

International Court of Justice (ICJ): The UN's main judicial body for disputes between states.

International Criminal Court (ICC): Court for prosecuting individuals accused of serious international crimes.

European Court of Human Rights (ECHR): Regional court enforcing the European Convention on Human Rights.

UNFCCC: Treaty framework for international efforts to address climate change.

IPCC: Scientific panel providing climate change assessments.

Sustainable Development: Economic growth that meets present needs without compromising future generations.

Tragedy of the Commons: Overuse of shared resources due to individual interests.

Shallow-Green Ecology: Reformist approach to environmental protection within existing systems.

Deep-Green Ecology: Radical approach emphasising intrinsic value of nature.

Global Civil Society: Non-state actors (e.g., NGOs, social movements) operating internationally to influence policy.

Summary

Global governance in human rights and environmental politics is complex and contested. International law and institutions have made significant progress in setting standards and coordinating action, but their effectiveness is often limited by issues of state sovereignty, political will, and competing interests. Environmental governance faces challenges, as the tragedy of the commons and disagreements between developed and developing states hinder cooperation. Nevertheless, global civil society and NGOs play an increasingly important role in holding states accountable and pushing for progress. Understanding these dynamics is essential for evaluating the prospects of global governance in addressing today’s most pressing challenges.