The political legacy of the Arab Spring is characterized by a dichotomy between democratic aspiration and

authoritarian resilience.

The Arab Spring — Political and Social Impacts A. Democratic Transition and Regression (Tunisia)

Course: Public International Law / Middle Eastern Studies Source Material: Ampuan, S. S. D. (2025). • Tunisia is often cited as the primary success story, adopting a new constitution in 2014 that
Between Revolution and Regression. guaranteed fundamental freedoms and women’s rights.
• Current Status: However, recent data suggests regression. As of the 2024 Economist Intelligence
Unit (EIU) Democracy Index, Tunisia is classified as a "Hybrid Regime" rather than a full democracy,
indicating a weakening of its democratic institutions.
I. Introduction and Origins
B. Authoritarian Restoration and Instability
The Arab Spring was a wave of pro-democracy uprisings that reshaped the political landscape of the Middle
East beginning in late 2010. • Egypt: Following the initial revolution, the country saw the ouster of President Mohamed Morsi in
2013 and a return to authoritarian rule.
• Core Causes: The movements were sparked by deep-seated grievances regarding authoritarian • State Failure: In Libya, Yemen, and Syria, the removal or challenging of dictators created political
governance, widespread corruption, economic struggles, and social inequality,. vacuums that led to civil war and humanitarian disasters rather than democracy.
• The Catalyst (Tunisia): The uprisings began in Tunisia following the self-immolation of Mohamed • 2024 Democracy Index Data:
Bouazizi on December 17, 2010. Bouazizi, a street vendor, set himself on fire after municipal officers o Egypt, Yemen, Bahrain, Libya, Syria: All are classified as "Authoritarian".
confiscated his livelihood and subjected him to humiliation. This act triggered massive o Global Context: The Middle East and North Africa region showed the largest regressions in
demonstrations leading to the flight of President Zine El Abidine Ben Ali, ending his 24-year rule. the 2024 global democracy scores.

II. Regional Diffusion and Key Events IV. Social Impacts: The Human Dimension

Inspired by Tunisia, protests spread rapidly across the region, though outcomes varied significantly. The social dimension of the Arab Spring was defined by the mobilization of youth and the use of
technology.
• Egypt: Beginning January 25, 2011, protests centered in Cairo's Tahrir Square involved roughly 18
million citizens. The 18-day uprising resulted in the resignation of President Hosni Mubarak, ending A. The Role of Youth and Civil Society
three decades of rule.
• Yemen: Protests against President Ali Abdullah Saleh began in January 2011. Despite defections by • Drivers: Youth unemployment, economic exclusion, and political marginalization were key drivers
military and tribal figures, the transition devolved into violent confrontation between loyalists and of the revolts.
opposition fighters. • Mobilization: Younger generations were the primary engine of the uprisings, translating frustration
• Bahrain: In mid-February 2011, the Shiʿa majority and human rights advocates demanded reforms. into collective action.
The government suppressed the movement with military support from the Gulf Cooperation Council • Legacy: The uprisings catalyzed the growth of civil society organizations focused on human rights
(Saudi Arabia and UAE). and accountability, though these groups remain constrained by entrenched elites and military
• Libya: An uprising against Muammar Gaddafi’s four-decade rule began in February 2011. Unlike the dominance.
peaceful transitions elsewhere, this evolved into a full-scale civil conflict, leading to Gaddafi's ouster
and death. B. The "Double-Edged Sword" of Digital Media
• Syria: Sparked by the arrest and torture of students in Dara’a in March 2011, protests demanded
President Bashar al-Assad’s resignation. The regime’s violent repression turned the uprising into a • Mobilization Tool: Platforms like Facebook, Twitter, and YouTube were critical for organizing
devastating civil war involving chemical weapons and mass displacement,. protests and sharing real-time information, creating a "transnational public sphere" that linked
activists across borders,.
III. Political Impacts: Revolution vs. Regression

1
 • Instrument of Repression: Conversely, regimes adapted to these technologies, using them for I. Introduction: The Core Legal Tension
surveillance, censorship, and tracking activists. This highlighted the fragility of movements that rely
on digital tools without strong institutional structures,. The conflict in Gaza, escalating significantly from October 2023 through late 2025, represents a critical case
study in international law. It forces the international community to answer a fundamental question: When
V. Critical Perspectives from Related Studies does a state’s legitimate exercise of self-defense transform into an unlawful, disproportionate
campaign of devastation?.
The source paper highlights several academic perspectives to explain the outcomes:
• The Catalyst: On October 7, 2023, Hamas launched attacks killing over 1,200 Israelis and taking over
• Foreign Intervention: Dalacoura (2012) notes that foreign involvement (particularly in Libya and 250 hostages.
Syria) often intensified conflicts rather than aiding democratic transitions. • The Response: Israel launched a military campaign framed as self-defense. By October 3, 2025, this
• Institutional Strength: The UNDP (2016) suggests Tunisia’s transition was initially smoother campaign resulted in over 67,000 Palestinian deaths and approximately 170,000 injuries.
because its civil institutions were stronger and more responsive compared to other Arab states. • The Central Debate: The conflict pits Israel's security imperatives against the humanitarian
• Sectarianism: In nations like Syria and Bahrain, the aftermath of protests deepened sectarian and obligations owed to a population in an occupied territory.
ethnic divisions.
II. Historical Context
VI. Conclusion
To understand the current legal arguments, one must understand the status of the territory.
The Arab Spring left an uneven legacy. While it succeeded in "awakening political consciousness" and
breaking the wall of fear regarding authoritarianism, it largely failed to establish lasting democratic • 1967 Six-Day War: Israel gained control of the Gaza Strip, beginning a decades-long occupation.
governance outside of temporary gains in Tunisia,. The movement demonstrated that while social media • 2005 Disengagement: Israel withdrew ground troops but maintained effective control over Gaza’s
can ignite a revolution, dismantling the deep structures of authoritarian power requires more than just borders, airspace, and sea access.
digital mobilization. • 2007 Hamas Takeover: Following Hamas's victory in Palestinian elections and subsequent clashes
with Fatah, Hamas took control of Gaza. Israel and Egypt responded with a blockade that severely
damaged the economy.
• Cycle of Violence: Prior to 2023, major escalations occurred in 2008 (Operation Cast Lead), 2012,
Analogy for Understanding: Think of the Arab Spring like a flash flood in a drought-stricken canyon. 2014, and 2021, establishing a pattern of rocket fire and heavy Israeli retaliation.

• The water (the people/protests) arrived with immense, sudden power, sweeping away immediate III. The Legal Framework: Two Competing Articles
obstacles (dictators like Ben Ali and Mubarak).
• However, in countries without strong channels or dams to guide this energy (democratic The legal debate revolves around the interaction between the UN Charter and the Geneva Conventions.
institutions/civil society), the water either dissipated quickly, leaving the old landscape to harden
again (Egypt/Bahrain), or it became a destructive torrent that eroded the very foundation of the land A. The Argument for Self-Defense (UN Charter Article 51)
(Syria/Libya/Yemen). Only in Tunisia did some irrigation channels exist to capture the water, though
even there, the levels are now receding. • Principle: Article 51 acknowledges a state's inherent right to self-defense against an armed attack
until the UN Security Council takes measures to maintain peace.
• Application: Israel invoked this article to justify its military response to dismantle Hamas and
recover hostages.

B. The Argument for Occupation Duties (Fourth Geneva Convention Article 55)
International Law and the Gaza Crisis (2023–2025) • Status of Occupation: Despite the 2005 withdrawal, international consensus (affirmed by the ICJ)
holds that Israel remains the "Occupying Power" because it exercises effective control over the
Course: Public International Law / Conflict & Security Studies Source Material: Banto, H. M. (2025). The
Gaza Situation: Self-defense and Israel. territory.

2
 • The Duty: Under Article 55, an Occupying Power has a mandatory duty to ensure the population • Global South & International Bodies: Nations in the Global South, alongside the ICJ and ICC, have
has adequate food and medical supplies. If local resources are insufficient, the occupier must bring pushed for accountability. The ICC issued arrest warrants for Israeli officials regarding
them in. disproportionate force and starvation tactics.
• Conflict: Humanitarian obligations are not suspended during hostilities. Therefore, blocking aid or
starving a population violates this article. B. Resolution Attempts (2025)

IV. Critical Analysis: Compliance with International Humanitarian Law (IHL) • Ceasefire: A fragile ceasefire was signed on October 10, 2025, two years after the initial attack.
• Status: While aid partially resumed, access to northern Gaza remained blocked, and violations of
The research argues that while Israel’s initial response might have been justified, the conduct of the war the truce were reported almost immediately.
violated three core principles of IHL:
VI. Conclusion
1. Proportionality
The research concludes that Israel's actions in Gaza constitute a "territorial overreach" that lacks legal
• Definition: Military action must not cause collateral damage to civilians that is excessive in relation grounding under the guise of self-defense.
to the direct military advantage.
• Violation Evidence: • Key Finding: A state cannot use "self-defense" as a justification to abdicate its responsibilities as an
o Over 81% of Gaza’s buildings (homes, schools, hospitals) were damaged or destroyed by late Occupying Power (Article 55) or to commit collective punishment.
2025. • Legacy: The conflict has resulted in an "unimaginable tragedy" with 1.9 million displaced and a
o The creation of "famine conditions" and the destruction of water infrastructure were deemed decimated infrastructure, requiring massive international intervention for any hope of recovery.
excessive relative to military goals.

2. Distinction
Analogy for Understanding the Legal Conflict: Imagine a prison warden and a riot.
• Definition: Combatants must distinguish between military targets and civilians.
• Violation Evidence: • If a prisoner attacks a guard (Hamas attack), the guard has the right to use force to stop the attack
o Independent experts estimated that 80% of the deceased were innocent civilians. and protect themselves (Article 51/Self-Defense).
o The Israeli military’s own data indicated a civilian death rate of 83%. • However, the guard cannot respond by burning down the entire prison block, cutting off all water
o The asymmetry of power (Israel’s advanced military vs. a densely populated area with no and food to every inmate, and refusing to let doctors enter (Article 55/Collective Punishment).
shelters) complicates the ability to distinguish, but does not absolve the attacking force of • Even though the guard is under attack, they are still legally responsible for the basic welfare of
the duty to do so. everyone locked inside because the inmates cannot leave or get resources from anywhere else
(Occupation Status). The guard's right to defend themselves does not cancel out their duty to keep
3. Necessity & Collective Punishment the general population alive.

• Collective Punishment: The siege tactics—cutting off water, food, fuel, and electricity—are
categorized as collective punishment, which is prohibited.
• Humanitarian Catastrophe: By August 2025, famine was confirmed, and the medical system had
collapsed with only a handful of partially functional hospitals remaining.
Reinforcing Sovereignty — Philippine Territory
V. Geopolitics and International Accountability
and UNCLOS
A. Global Divide
Course: Public International Law / Philippine Geopolitics Source Material: Bantuas, A. F. B. (2025).
• Western Support: The U.S. and other Western nations largely supported Israel's right to self- Reinforcing Sovereignty Through Law.
defense, providing military aid and blocking critical UN resolutions.
3
 • Challenge: The Constitution historically used vague terms regarding specific water classifications
compared to UNCLOS, requiring newer laws to clarify them.
I. Introduction and Core Objective
2. Republic Act No. 9522 (Archipelagic Baselines Law of 2009)
The central theme of this research is the interplay between International Law (specifically UNCLOS) and
Domestic Law in protecting Philippine territory. • Purpose: Harmonized Philippine baselines with UNCLOS Article 47.
• Strategic Classification: It reclassified the Kalayaan Island Group (KIG) and Scarborough Shoal
• The Problem: While the Philippines has successfully claimed its maritime rights on paper (through as a "Regime of Islands" (consistent with UNCLOS Article 121) rather than part of the main
arbitration and treaties), it faces a significant gap in actual enforcement due to weak capabilities and archipelago baselines. This was a strategic legal move to uphold sovereignty claims while adhering
geopolitical pressure. to treaty standards.
• The Goal: To understand how the Philippines incorporates UNCLOS into its legal system and to
analyze the "effectiveness" of these laws in the face of real-world threats. 3. Republic Act No. 12064 (Philippine Maritime Zones Act - PMZA, 2024)

II. Theoretical Frameworks • Significance: A major legislative milestone that finally codified the specific maritime zones
(Territorial Sea, Contiguous Zone, EEZ, Continental Shelf) into domestic law.
To understand the Philippine legal strategy, two legal theories must be defined: • Function: It converts international "rights" into binding domestic law, giving the government a clear
legal foundation to enforce laws against foreign incursions and manage resources.
A. Legal Dualism
IV. The Four Major Threats to Territory
• Definition: International law and domestic law are separate systems. International treaties (like
UNCLOS) are not automatically binding in local courts; they must be "transformed" into domestic The research identifies four distinct categories of threats that test the effectiveness of these laws:
legislation to take effect.
• Philippine Context: The Philippines follows the dualist approach. A treaty must be concurred by A. Threats to Sovereignty
the Senate or enacted into specific laws (like the Maritime Zones Act) to be fully enforceable within
the country. • Gray-Zone Tactics: Foreign powers (specifically China) use measures below the threshold of war—
such as maritime militias and artificial island building—to erode Philippine control.
B. The Effectiveness Principle • Internal Threats: Insurgencies and local instability also challenge the state’s ability to maintain a
cohesive government, which is a prerequisite for sovereignty.
• Definition: "Effectiveness" refers to whether a law actually works in practice, not just whether it is
valid on paper. B. Threats to Economic Interests
• Application: In international law, there is no central "police force." Therefore, a right (like owning
an Exclusive Economic Zone) is only as good as a state's ability to enforce it. • Resource Blockade: Territorial disputes prevent the Philippines from exploiting offshore oil and
• The Gap: A law without enforcement is merely a "paper right." To be legitimate, a state must gas.
demonstrate "effective control" through administration, surveillance, and defense. • Illegal Fishing: Both foreign and domestic illegal fishing threaten food security. Without effective
enforcement, the "sovereign rights" to these resources guaranteed by the 2016 Arbitral Award
III. The Legal Framework: From Constitution to Statutes remain difficult to utilize.

The Philippines integrates UNCLOS through three primary legal instruments: C. Threats to Human Security

1. The 1987 Constitution (Article I) • Crimes at Sea: Piracy, smuggling, human trafficking, and maritime terrorism.
• Fishermen Safety: Filipino fishermen face harassment and physical danger (e.g., water cannons) in
• Defines the national territory, including the "Philippine archipelago" and all waters connecting the contested waters.
islands.
• Archipelagic Doctrine: Enshrines the principle that water unifies the land rather than separating it. D. Threats to Regional Peace

4
 • Geopolitics: The Philippines is caught in the power struggle between the US and China. • Legal Dualism is the Property Deed. It is the official paper (RA 12064/UNCLOS) that legally proves
• Diplomatic Balance: The Philippines must balance asserting its rights (via the PMZA) while you own the house. Without this paper, you have no standing in court.
engaging in diplomatic mechanisms like the ASEAN Code of Conduct. • The Effectiveness Principle is the Fence and Security System. If you have the deed but no fence,
no locks, and no one home, squatters (foreign incursions) can move in and take over.
V. The Implementation Gap: Why Laws Are Not Enough • Current Situation: The Philippines has a very strong, internationally recognized Deed, but the Fence
is full of holes, and the Security System is underfunded. The research argues that the Deed is useless
Despite passing strong laws (Dualism), the Philippines struggles with "Effectiveness" due to structural without fixing the Fence.
weaknesses.

1. Weak Defense and Law Enforcement Capability

• Equipment Shortage: The Navy and Coast Guard lack sufficient radar, ships, and monitoring

•
technology to cover the vast coastline and the West Philippine Sea.
Consequence: The government cannot maintain a "consistent presence," which emboldens foreign
The Philippine National Territory and the UNCLOS
incursions.
Topic: Reinforcing Sovereignty Through Law Source Material: Bantuas, A. F. B. (2025). BANTUAS-AFB-
[Link]
2. Institutional Fragmentation

• Siloed Agencies: Responsibility is divided among the Philippine Navy, Coast Guard (PCG), BFAR,
DFA, and NAMRIA. These agencies often fail to coordinate, leading to "inconsistent governance".
• Jurisdictional Confusion: Conflicts arise between national and local authorities (e.g., disputes over
I. Course Objectives
Malampaya operations between Palawan and Manila).
The study focuses on the intersection of international treaties and domestic law. The primary goals of this
lecture module are:
3. The "Paper Rights" Dilemma
1. Incorporation: To examine how the Philippines incorporates the United Nations Convention on the
• UNCLOS does not enforce itself. The research concludes that because the Philippines cannot
Law of the Sea (UNCLOS) into its domestic legal system.
physically secure its claimed areas, its legal victories (like the 2016 Arbitral Award) risk becoming
2. Reinforcement: To understand how domestic maritime laws strengthen Philippine sovereignty and
irrelevant in practice.
jurisdiction.
VI. Conclusion and Recommendations 3. Assessment: To evaluate the operational effectiveness of these laws in a real-world context.
4. Gap Analysis: To analyze the disparity between legal entitlements (what the law says the Philippines
The paper concludes that legal sovereignty must be backed by operational capability. owns) and actual enforcement capacity (what the Philippines can actually protect).

• Harmonization: The Philippines has successfully aligned its laws with UNCLOS (via RA 9522 and RA II. Historical and Legal Context
12064), satisfying the requirements of Dualism.
• Execution: The next step is satisfying the Effectiveness Principle by modernizing the military The legal defense of Philippine territory relies on a hierarchy of laws that integrate international standards
(Horizon 3), strengthening alliances (EDCA/MDT), and creating a centralized National Maritime into local governance.
Council to fix institutional fragmentation.
A. Constitutional Foundation

• The 1987 Constitution: This serves as the supreme law defining the national territory. Its
Analogy for Understanding Dualism vs. Effectiveness: Think of the Philippine maritime territory as a relationship with UNCLOS is critical for establishing the country’s archipelagic doctrine.
private home.
B. Legislative Implementation To translate constitutional and treaty rights into enforceable rules, specific
statutes were enacted:
5
 • The Philippine Archipelagic Baselines Law: This law is necessary to define the baselines from VI. Conclusion
which maritime zones are measured, aligning the country’s definition of its territory with
international standards. The study concludes with a pivot from theory to practice. It asserts that "The real strength of Philippine
• The Philippine Maritime Zone Act: A crucial legislative development that codifies specific maritime Maritime Laws lies not just in its legal framework, but also in its practical application". A law that
zones (such as the Exclusive Economic Zone) into domestic law, allowing for the enforcement of cannot be enforced remains merely symbolic; true sovereignty requires both legal legitimacy and
rights within these areas. operational capability.

III. Theoretical Frameworks

The study utilizes two key legal theories to explain the Philippine situation: Analogy for Understanding: Think of the Philippine National Territory laws as a Speed Limit Sign.

1. Legal Dualism Theory • The Law (UNCLOS/Maritime Zone Act): Putting up a sign that says "Speed Limit 60" gives you the
legal right to regulate traffic. This is the "Legal Framework."
• This theory posits that international law (like UNCLOS) and domestic law are distinct systems. For • The Enforcement (Effectiveness Principle): However, if there are no police cars (Weak Defense
international treaties to be binding and enforceable in local courts, they must be transformed into Capability) to patrol the road, drivers will ignore the sign.
domestic legislation. This explains the necessity of passing the Maritime Zone Act. • The Conclusion: The safety of the road depends not just on painting the sign (passing the law), but
on having the patrol cars to catch violators (practical application).
2. The Effectiveness Principle of Law

• This principle argues that a law is only valid if it is effective in practice. In the context of territorial
sovereignty, having a legal title is insufficient without the ability to exercise authority and control
over the area.

IV. Threats and Challenges

Artificial Intelligence and Public International Law
Course: Public International Law (JD 301) / Law & Technology Source Material: Bantuas, M. J. A. (2025).
The Philippines faces a multi-dimensional threat landscape that tests the effectiveness of its laws:
Artificial Intelligence: The Public International Law Perspective.
• Threats to National Sovereignty: Challenges to the state's supreme authority over its territory.
• Threats to Economic Interests: Issues affecting the country’s ability to utilize resources (fishing, oil,
gas) within its maritime zones.
I. Introduction: Defining the Landscape
• Threats to Human Security: Dangers posed to individuals at sea, such as fishermen facing
harassment or illegal activities.
The integration of Artificial Intelligence (AI) into global affairs represents a paradigm shift for Public
• Threats to Regional Peace and Stability: Broader geopolitical tensions that arise from these International Law (PIL).
territorial disputes.
• Definition of AI: Defined by John McCarthy as "the science and engineering of making intelligent
V. The Enforcement Gap machines," AI refers to systems capable of performing tasks traditionally requiring human
intelligence, such as reasoning, prediction, and natural language generation,.
A critical finding of the report is the disconnect between legal rights and reality. • The Intersection: PIL traditionally governs relations between States. However, AI introduces new
non-state actors (tech giants) and autonomous systems that challenge the traditional state-centric
• Weak Defense and Law Enforcement Capability: The operational effectiveness of maritime laws
framework.
is undermined by insufficient material capabilities (ships, surveillance, technology) to patrol the vast
• The Core Tension: The central theme of the research is the struggle to balance the transformative
maritime domain.
opportunities of AI (efficiency, access to justice) against its existential risks (surveillance,
• Gaps in Legal Frameworks and Regional Strategic Considerations: Even with new laws, strategic
autonomous weapons, and legal erosion).
and legal gaps remain that complicate the defense of the territory against foreign encroachment.
6
II. Challenges and Opportunities in International Law • Substitution: AI systems are beginning to replace human roles in the legal process. This includes
"legal automation," where algorithms replace routine legal work and potentially generate "micro-
The impact of AI is described as a "double-edged sword," offering benefits while simultaneously directives" that predict judicial decisions, effectively bypassing the traditional judicial process,.
threatening human rights and legal stability.
3. Legal Destruction (Erosion)
A. Legal Challenges
• The "Soft" Argument (Erosion): AI development is often covert, opaque, and decentralized (unlike
1. Human Rights & Privacy: AI processes massive datasets, often infringing on privacy rights through nuclear weapons, which require massive infrastructure). This makes it nearly impossible for
surveillance. Furthermore, algorithms trained on historical data can embed discrimination, leading international law to monitor or control, rendering regulations ineffective,.
to biased outcomes against minority groups,. • The "Hard" Argument (Decline): If states perceive that they can achieve their security or political
2. The Accountability Gap: In autonomous systems (like self-driving cars or autonomous weapons), goals unilaterally through AI power (bypassing international cooperation), the overall legitimacy and
determining responsibility is difficult. If an autonomous system commits a war crime or causes effectiveness of the international legal order may collapse,.
damage, it is unclear whether the fault lies with the developer, the deployer, or the algorithm itself.
3. Intellectual Property (IP): AI challenges the concept of "inventorship." The research cites the IV. International Frameworks: The Governance Struggle
DABUS saga, highlighting the conflict between patent laws requiring human inventors and the
reality of AI-generated innovations. The global response to AI is characterized by a mix of binding treaties and non-binding "soft law," resulting
4. Trade & Sovereignty: "Black box" algorithms can facilitate opaque decision-making in global trade, in a fragmented landscape.
potentially violating World Trade Organization (WTO) non-discrimination principles. Additionally, AI
complicates cyber sovereignty by enabling plausible deniability in cyber operations,. A. Legally Binding Instruments

B. Opportunities for Legal Processes 1. Council of Europe Framework Convention: The first legally binding international treaty on AI. It is
"technology-neutral" and focuses on ensuring AI lifecycles are consistent with human rights,
1. Efficiency and Automation: AI can analyze thousands of legal documents and judicial opinions at democracy, and the rule of law,.
speeds impossible for humans, streamlining international trade law and arbitration. 2. The EU AI Act: The world’s first comprehensive regulatory law. It uses a Risk-Based Approach:
2. Predictive Analytics: Deep learning can identify patterns in case law to predict judicial outcomes, o Unacceptable Risk: Banned (e.g., social scoring).
helping parties assess risks before entering disputes. o High Risk: Strict obligations (e.g., medical devices, recruitment).
3. Access to Justice: AI reduces barriers by providing low-cost legal analysis and real-time translation, o Minimal Risk: No restrictions (e.g., spam filters),.
which is particularly beneficial for developing countries with limited legal infrastructure.
B. Non-Binding Frameworks (Soft Law)
III. Theoretical Framework: The "Three Effects" of AI
1. OECD AI Principles: Values-based principles promoting "trustworthy AI," adopted by over 70
Drawing on the "law and technological change" theory, the research categorizes the impact of AI on the jurisdictions.
legal system into three distinct effects: 2. UNESCO Recommendation: Focuses on the ethics of AI, emphasizing transparency and fairness.
3. Hiroshima AI Process: A G7 initiative to promote safe and secure AI development.
1. Legal Development (New Laws) 4. Bletchley Declaration: A 28-nation agreement focusing specifically on the safety risks of "frontier
AI" (highly capable models).
• Necessity: New technologies require sui generis (unique) laws to regulate novel behaviors, such as
banning lethal autonomous weapons or regulating surveillance. V. The Global Divide and Future Outlook
• Clarification: Existing laws face uncertainty; legal standards must be sharpened to classify new AI
entities. • The "AI Preparedness Index": The research highlights a "rigid imbalance." Countries in the Global
North (blue zones on the map) have the infrastructure to regulate and benefit from AI. The Global
2. Legal Displacement (Automation) South (yellow zones) lacks these resources,.
• Fragmentation: Because major powers (EU, US, China) have diverging governance philosophies
(Rights vs. Innovation vs. State Control), the world currently lacks a unified enforcement mechanism.
7
 • Conclusion: The study calls for "renewed multilateralism." Without a unified, binding international A. The Balance of Power (Internal Dynamics)
regime, the "digital divide" will widen, and AI advancements may come at the expense of
fundamental rights,. • Unlike other organizations where the most powerful member dominates, ASEAN relied on a
conscious "balance of power."
• Indonesia’s Role: Despite being the largest economy, Indonesia (under the "ASEAN Way") made a
conscious effort not to dominate the bloc, allowing the organization to maintain authenticity and
Analogy for Understanding "Legal Destruction": Think of International Law as a Traffic Control System unity rather than serving as a tool for one power.
(stop signs, speed limits, police) designed for human drivers.
B. The "ASEAN Way" (Diplomatic Philosophy) Success is attributed to a distinct diplomatic style based
• Legal Development is creating new signs for a new type of vehicle. on four pillars:
• Legal Displacement is replacing the traffic cop with an automated camera.
• Legal Destruction occurs when Self-Driving Cars (AI) are introduced that are so fast and 1. Non-intervention: Members do not interfere in the internal affairs of other states.
communicate so secretly with each other that they simply ignore the traffic lights and signs. If the 2. Quiet Diplomacy: Issues are resolved behind closed doors rather than public confrontation.
most powerful cars on the road stop following the rules because the rules "don't apply" to their 3. Non-use of Force: Renunciation of violence.
capabilities, the entire traffic system becomes meaningless and collapses. 4. Consensus Decision-Making: All members must agree before moving forward,.

III. Legal Framework: The 2008 Charter

In 2008, the association evolved from a loose cooperation into a formal legal entity.

Regionalism and The ASEAN Success Story • The ASEAN Charter: This document gave ASEAN formal international legal status. It obligates
member states to implement the UN Charter and international humanitarian laws,.
Course: Public International Law (JD 301) Source Material: Basher, A. M. (2025). Is ASEAN a Success? • Implementation Challenges: While the Charter creates obligations, the influence of these laws
varies by country. This is due to different municipal legal systems—some countries do not have
"constitutional space" for self-executing treaties, making uniform implementation difficult,.

I. Introduction: Defining ASEAN IV. Economic Impacts: A Globalization Success Story

The Association of Southeast Asian Nations (ASEAN) serves as the primary vehicle for regional cooperation The research identifies ASEAN as a major beneficiary of globalization, transitioning from a security bloc to
in Southeast Asia. an economic powerhouse.

• Nature: It is an inter-governmental organization autonomous from but affiliated with the UN, • Economic Integration: Through the ASEAN Free Trade Area (AFTA) and the Regional
created pursuant to international agreements. Comprehensive Economic Partnership (RCEP), the region reduced trade barriers, creating a single
• Membership Evolution: production base,.
o Founding Fathers (1967): Indonesia, Malaysia, Philippines, Singapore, Thailand. • Key Statistics (2023-2025):
o Expansion: Brunei (1984), Vietnam (1995), Laos/Myanmar (1997), Cambodia (1999). o GDP: ASEAN is the world’s 4th largest economic bloc with a GDP of US$4.13 trillion.
o Recent Addition: In 2025, Timor-Leste joined as the 11th member. o FDI: In 2023, it was the largest recipient of Foreign Direct Investment, exceeding $200 billion.
• Core Purpose: To foster cooperation in economic, social, cultural, and technical fields, while o Tourism: The region attracted 123 million tourists in 2024.

promoting regional peace and stability,. • Global Shift: The research notes a global economic transformation where the contribution of
developed countries is declining while the Asia-Pacific region (led by ASEAN) is rising.
II. Historical Context and "The ASEAN Way"
V. Critical Challenges
ASEAN was established during a time of regional instability, with many predicting its failure. Its survival is
attributed to unique operational principles. Despite its growth, ASEAN faces significant internal and external hurdles.
8
 The Paris Agreement and Global Climate
A. Economic Disparity

The Development Gap: There is a stark contrast between advanced economies like Singapore and
Governance
•
less-developed members like Laos and Myanmar. This disparity risks eroding the credibility of
ASEAN’s vision of "shared prosperity".
• Institutional Weakness: Critics argue that ASEAN has struggled to create the necessary institutional Course: Public International Law (JD 301) Source Material: Boloto, S. N. P. (2025). The Paris Agreement:
structures for deep integration, meaning countries often pursue their own agendas rather than a Addressing Global Climate Change Through International Cooperation.
collective one.

B. Geopolitical Pressure
I. Introduction: Evolution of the Climate Regime
• US vs. China: The region is a battleground for influence between superpowers. While this brings
investment, it forces ASEAN members to perform a difficult balancing act to remain impartial,. The Paris Agreement represents a paradigm shift in how the international community handles climate
• BRICS: Several members (Malaysia, Thailand, Vietnam, Indonesia) have joined or engaged with policy.
BRICS to increase their global influence, further complicating regional alignment.
• Adoption: Adopted in December 2015 at COP21 and enforced in November 2016, it involves 195
VI. Conclusion participating countries,.
• The Structural Shift: It moved away from the "Top-Down" approach of the Kyoto Protocol to a
The paper concludes that ASEAN is a definitive success, particularly given the initial pessimism "Bottom-Up" system. Instead of the UN dictating targets, each country determines its own
surrounding its creation. contributions,.
• The Core Objective: To hold the increase in global average temperature to well below 2°C above
• Verdict: It has managed to pave a way for progress amidst "unparalleled diversity". pre-industrial levels, while pursuing efforts to limit the rise to 1.5°C,.
• Legacy: ASEAN demonstrates that diverse co-existence is not an impediment to success but can be
the key to it. It has evolved from a region of conflict into a zone of economic optimism,. II. Operational Mechanisms: NDCs and the Global Stocktake

The Agreement functions through specific procedural mechanisms designed to increase ambition over
time.
Analogy for Understanding ASEAN: Think of ASEAN as a Convoy of Ships navigating a stormy ocean
(global politics). • Nationally Determined Contributions (NDCs): These are self-defined action plans that every
country must submit and update every five years. They reflect the country's highest possible
• Diversity/Disparity: Some ships are modern speedboats (Singapore), while others are older, slower ambition for reducing emissions,.
vessels (Laos/Myanmar). • The Global Stocktake: A periodic assessment of collective progress toward the long-term goals.
• The "ASEAN Way" (Consensus): To stay together, the convoy moves at a pace that the slowest The first stocktake concluded in 2023, revealing that progress was "nearly stagnant" in key areas,.
ship can handle. They don't use ropes to force each other along (Non-intervention), but they
communicate constantly by radio (Quiet Diplomacy) to ensure no one crashes into each other. III. Progress Report: Outcomes of COP26 – COP28 (2021–2025)
• The Result: They may not move as fast as a single speedboat, but by moving as a massive fleet,
they command much more respect and safety (Economic Power/FDI) than any single ship would on The research tracks the evolution of the Agreement through recent Conferences of the Parties (COP).
its own.
• COP26 (Glasgow, 2021): Resulted in the "Glasgow Climate Pact." Nations pledged new net-zero
targets and agreed to accelerate renewable energy. However, projections showed the world was still
on track for a dangerous 2.7°C warming,.
• COP27 (Sharm El-Sheikh, 2022): The critical outcome was the establishment of a Loss and
Damage Fund to assist developing countries hit by climate disasters. This highlighted the divide
between those responsible for emissions and those suffering the consequences.
9
 • COP28 (Dubai, 2023): Concluded the first Global Stocktake. It resulted in a call for governments to VI. Recommendations: Equity-Based Reforms
speed up the transition away from fossil fuels. While developed nations (US, EU) showed progress
in legislation, developing nations remained hindered by financial gaps,. To save the Agreement from failure, the paper proposes specific reforms:

IV. The Implementation Gap: Five Major Challenges • Financial Reform: Climate finance must be predictable and accessible, emphasizing grants over
loans to avoid trapping vulnerable nations in debt.
Despite the framework, the research identifies five structural flaws hindering effectiveness: • Strengthened Accountability (Article 15): The Implementation Committee needs clearer
guidelines to act as an enforcement mechanism rather than just a consultative body.
1. Non-Binding Nature of Commitments • Attribution Science in Litigation: The use of scientific studies to establish causal links between
emissions and specific climate impacts should be strengthened in courts. This allows for successful
• While the Agreement itself is legally binding, the specific emission targets (NDCs) are voluntary. climate litigation against poor performers,.
There is no punitive mechanism for non-compliance, relying instead on "peer pressure" and • Capacity Building: Education and technical training are preconditions for developing countries to
transparency, which often proves insufficient,. participate effectively.

2. Inadequate Climate Finance VII. Conclusion

• Developed nations failed to meet the commitment of mobilizing USD 100 billion annually. This lack
As of 2025, the Paris Agreement remains the cornerstone of global climate governance, but significant
of funding prevents developing nations from transitioning to renewable energy,. gaps persist. The collective efforts are currently insufficient to meet the 1.5°C or 2°C targets. Achieving the
goal requires a shift toward equity-based reforms, ensuring that fairness and shared responsibility replace
3. Unequal Responsibilities (The North-South Divide)
the current imbalances,.
• The principle of "Common But Differentiated Responsibilities" is contested. Developing countries
argue that the Global North (historically responsible for emissions) must shoulder a greater burden.
The current imbalance perpetuates inequality,. Analogy for Understanding the Paris Agreement vs. Kyoto Protocol:

4. Limited Technology Transfer • The Kyoto Protocol was like a Dinner Party with a Fixed Menu: The host (UN) told everyone
exactly what to bring. If you didn't like the assignment, you didn't show up or you left early.
• Developing nations struggle with outdated infrastructure. Without the transfer of sustainable
• The Paris Agreement is like a Potluck: Everyone agrees to come to the party (the 2°C goal) and
technologies from advanced economies, long-term emission reductions are unattainable.
everyone promises to bring something (NDC).
o The Problem: Some people are bringing expensive gourmet meals (ambitious targets), while
5. Inconsistent Domestic Implementation
others are bringing a bag of chips (weak targets).
• Changes in national leadership, economic instability, and lobbying by high-emission industries often o The Consequence: There isn't enough food for everyone (we aren't hitting the climate goal).

derail climate programs. Domestic laws frequently fail to align with international pledges,. o The Solution: We need the wealthy guests to pay for the groceries of the guests who can't
afford to cook (Climate Finance) and we need a system to check that people actually brought
V. Case Study: The Philippines what they promised (Global Stocktake/Compliance).

The research highlights the Philippines to illustrate the urgency of the Agreement.

• Vulnerability: The country has faced intensified disasters, including Super Typhoon Haiyan
(Yolanda), Typhoon Rai (Odette), and Typhoon Egay,.
• National Commitment: The Philippines pledged a 75% reduction in greenhouse gas emissions The Gaza Situation — Self-Defense and
over the next decade, but this is conditional on international support.
• Legal Significance: For the Philippines, the Paris Agreement is not just a treaty but a "legal and International Law
moral weapon" to demand climate justice and survival.
10
Course: International Humanitarian Law / Conflict Studies Source Material: Banto, H. M. The Gaza B. The Duty of the Occupying Power (Fourth Geneva Convention)
Situation: Self Defense and Israel.
• Article 55: Despite the 2005 withdrawal, international law generally regards Israel as the "Occupying
Power" because of its effective control over Gaza's borders.
• The Obligation: An Occupying Power has a mandatory duty to ensure the population has adequate
I. Introduction: The Central Legal Dilemma food and medical supplies. If local resources fail, the occupier must bring them in.
• War Exception? No. This duty persists even during hostilities. Blockades that starve the civilian
The conflict in Gaza serves as a critical case study for the tension between a state's security imperatives population are prohibited,.
and its humanitarian obligations.
IV. Critical Analysis: Principles of International Humanitarian Law (IHL)
• The Catalyst: On October 7, 2023, Hamas launched a massive attack, killing over 1,200 Israelis and
taking over 250 hostages,. The research assesses Israel's military conduct against three pillars of IHL:
• The Response: Israel launched a large-scale military campaign to dismantle Hamas. By October
2025, this resulted in over 67,000 Palestinian deaths,. 1. Proportionality
• The Core Question: At what point does a state’s legitimate exercise of self-defense transform into
an unlawful, disproportionate campaign? The research examines whether Israel’s actions remain • Rule: Military action must not cause civilian harm that is excessive in relation to the direct military
within the bounds of international law given Gaza’s status as an occupied territory,. advantage anticipated.
• Violation: The study notes that the scale of destruction—tens of thousands of deaths and
II. Historical Context widespread infrastructure ruin—raises serious concerns that the response was disproportionate to
the threat,.
To evaluate the legal arguments, one must understand the roots of the territory's status.
2. Distinction
• 1967 Six-Day War: Israel gained control of Gaza, the West Bank, and East Jerusalem. This marked
the beginning of a long-term occupation. • Rule: Combatants must distinguish between military targets and civilians.
• 2005 Disengagement: Israel unilaterally withdrew troops and settlers from Gaza. However, it • Reality: While the asymmetry of the conflict (Hamas embedding in urban areas) complicates this,
retained control over the airspace, sea access, and land borders. the high civilian death toll suggests a failure to adequately distinguish.
• The Blockade (2007–Present): After Hamas took political control in 2007, Israel and Egypt imposed
a blockade that severely crippled the economy. This created a cycle of violence, including major 3. Necessity
escalations in 2008, 2012, 2014, and 2021.
• Rule: Force must be strictly necessary to counter the threat.
III. The Legal Framework: Two Competing Obligations • Critique: The study questions whether the total devastation of Gaza was "strictly necessary" to
achieve the objective of neutralizing Hamas.
The legal debate centers on the interaction between the UN Charter (right to fight) and the Geneva
Conventions (duty to protect). V. Humanitarian Impact Data (2023–2025)

A. The Right to Self-Defense (UN Charter Article 51) By October 2025, the humanitarian cost was catastrophic:

• Israel's Position: Israel invokes Article 51, which recognizes the "inherent right" of individual or • Fatalities: Over 67,000 Palestinian deaths.
collective self-defense against armed attack. • Injuries: Approx. 170,000 injured, with estimates that 80% are civilians.
• Constraint: This right is temporary (until the UN Security Council acts) and requires immediate • Displacement: 1.9 million people (90% of Gaza's population) are displaced.
reporting. • Infrastructure: 81% of structures in Gaza are damaged or destroyed.
• The Controversy: Legal scholars debate whether Article 51 fully applies against a non-state actor • Crisis: The medical system has collapsed, and 640,000 people face daily hunger/famine due to aid
(Hamas) operating from within a territory that the defending state (Israel) effectively controls. restrictions.

11
VI. Geopolitics and Accountability Course: Public International Law (JD 301) Source Material: Macapodi, R. M. (2025). Russia VS. Ukraine: Is
It A Crime of Aggression.
• Global Reactions: The US continues to support Israel militarily, while the Global South criticizes the
operations. The UN Security Council has faced stalemates due to vetoes.
• Objections raised against Israel:
1. Collective Punishment: The "total siege" tactics (cutting off water/fuel) are viewed as I. Introduction and Objectives
collective punishment, which is illegal.
2. Occupied Status: Israel cannot claim self-defense to abdicate its responsibilities to the The conflict between Russia and Ukraine is examined through the lens of Public International Law to
people under its occupation. determine if it constitutes a "Crime of Aggression" and to identify the legal frameworks available for
• Legal Action: The ICC has issued arrest warrants for Israeli officials, and the ICJ has affirmed Gaza's accountability.
occupied status while investigating potential abuses.
• Core Issue: The invasion raises questions regarding the sovereignty of states and the enforcement
VII. Conclusion of international penal accountability.
• Legal Context: The analysis utilizes the Rome Statute, UN Charter, and the emerging role of the
The research concludes that while the October 7 attacks were brutal, the subsequent response challenges Council of Europe.
the boundaries of legality.
II. Defining the "Crime of Aggression"
• Verdict: Israel's claim to self-defense is undermined by its failure to uphold Article 55 (duties of an
occupier) and the principles of proportionality. To prosecute aggression, one must first define it legally. The concept is an evolution of the "crimes against
• Resolution: A return to the status quo is impossible. A durable peace requires a political solution peace" prosecuted at the Nuremberg Trials (1945).
that addresses historical grievances and respects the right to self-determination.
A. The Definition (Rome Statute)

• The Crime: It is the planning, preparation, initiation, or execution of an act of aggression by a person
Analogy for Understanding the Legal Tension: Imagine a Hospital Director (The Occupying Power) and in a position to effectively exercise control over the political or military action of a State. The act
a Violent Patient (Hamas). must constitute a "manifest violation" of the UN Charter.
• The Act: An "act of aggression" is the use of armed force against the sovereignty, territorial integrity,
• If the patient attacks the staff, the Director has the right to use security to stop the violence (Self- or political independence of another State.
Defense).
• However, the Director cannot respond by locking the doors, cutting off the electricity, and denying B. Specific Acts of Aggression (UN Res. 3314) The following qualify as aggression, regardless of a formal
food to all other patients in the ward (Collective Punishment/Article 55). declaration of war:
• Even though the Director is under attack, they are still legally responsible for the welfare of the
1. Invasion, military occupation, or annexation of territory.
people inside the building because those people have nowhere else to go. The right to stop the
attacker does not cancel the duty to care for the residents. 2. Bombardment or use of weapons against another state’s territory.
3. Blockade of ports or coasts.
4. Attacks on land, sea, or air forces.
5. Proxy Aggression: Allowing one's territory to be used by another state to perpetrate aggression
against a third state.
6. Sending armed bands, mercenaries, or irregulars to carry out acts of armed force.
The Russia-Ukraine Conflict and the Crime of III. The Jurisdiction of the International Criminal Court (ICC)
Aggression A major hurdle in this conflict is the jurisdictional limit of the ICC.

12
A. State Party Status A critical legal obstacle is the sovereign immunity typically enjoyed by high-ranking officials.

• Russia: Withdrew its signature from the Rome Statute in 2016 (after the ICC classified the annexation • The "Troika": Sitting Heads of State, Heads of Government, and Foreign Ministers generally enjoy
of Crimea as an occupation) and is not a state party. Therefore, it falls outside the ICC's standard immunity from prosecution in foreign courts.
jurisdiction. • The Solution: The research notes that immunity is "not a carte blanche for impunity." The Special
• Ukraine: Was not originally a state party but accepted ICC jurisdiction twice via Article 12(3) Tribunal adopts a strategy of preparedness:
declarations (in 2014 and 2015). 1. Conduct investigations and gather evidence now.
• 2025 Update: Ukraine formally deposited its instrument of ratification on October 25, 2024, and the 2. Prepare indictments.
Rome Statute entered into force for Ukraine on January 1, 2025. 3. Prosecute when the "Troika" members represent a former power or if immunity is waived.
• Target: The tribunal specifically targets senior political and military leaders responsible for planning
B. The Jurisdictional Split the aggression.

• Core Crimes (War Crimes/Genocide): The ICC does have jurisdiction over these crimes committed VI. Conclusion
on Ukrainian territory (dating back to Nov 2013), regardless of the perpetrator's nationality. The ICC
Prosecutor opened an investigation in March 2022. The research concludes that the actions of Russia constitute a crime of aggression under customary
• Crime of Aggression: Because Russia is not a party, the ICC faces jurisdictional limitations in international law and the Rome Statute.
prosecuting the specific crime of aggression (the act of starting the war itself), necessitating an
alternative mechanism. • Mechanism: While the ICC handles war crimes, the Special Tribunal is the necessary vehicle to
prosecute the leadership for the invasion itself.
IV. The Special Tribunal (Council of Europe) • Goal: The coordinated effort aims to ensure that no crime of aggression goes unpunished, serving
both legal accountability and "moral and humanitarian necessity".
To fill the "impunity gap" regarding the crime of aggression, the international community mobilized
through the Council of Europe (CoE).

A. Context Analogy for Understanding the Jurisdictional Split: Think of the legal situation like a Car Crash caused
by a Stolen Vehicle.
• Russia ceased to be a member of the CoE in 2022.
• The CoE and Ukraine agreed to establish a Special Tribunal to determine criminal accountability • The Crash (War Crimes/Genocide): The ICC is like the Traffic Police. They have jurisdiction to
for those bearing the "greatest responsibility," avoiding duplication with national courts. charge the driver for speeding, reckless driving, and hitting pedestrians (War Crimes) because these
accidents happened on the "road" (Ukraine) where the police have authority.
B. Structure and Administration • The Theft (Crime of Aggression): However, the act of stealing the car in the first place (The
Invasion/Aggression) happened outside the police's jurisdiction because the thief (Russia) isn't part
• Legal Basis: Established via an agreement between Ukraine and the CoE, governed by a Statute and of the local precinct's club.
an "Enlarged Partial Agreement" for financing. • The Solution: To charge the driver for the theft (Aggression), the authorities created a Special Task
• Judicial Roster: Force (Special Tribunal) specifically designed to prosecute the act of taking the car, ensuring the
o Composed of 15 judges. driver doesn't get away with the root crime just because of a technicality.
o Elected by secret ballot by the Management Committee (member states).
o Serve a non-renewable term of nine years.
• Prosecution:
o The Prosecutor is elected by secret ballot for a non-renewable term of seven years.
o The proceedings are designed to complement, not replace, the ICC.

V. The Immunity Challenge

13
Regional Monetary Integration — The Feasibility
• Definition: A form of governance where states voluntarily "surrender" a degree of sovereignty to a
higher "supra" organization.

of a Single ASEAN Currency

• Application: Once authority is delegated (e.g., to the ECB), the state must abide by the collective
decision regardless of its national preference.

Course: International Economic Law / ASEAN Studies Source Material: Mangacop, A. Z. M. (2025). One B. Intergovernmentalism (The ASEAN Approach)
ASEAN Currency: Is It Feasible?
• Definition: A system based on cooperation between governments where sovereignty is not
surrendered.
• The Mismatch: ASEAN encourages consensus and non-interference. However, a single currency
I. Introduction: The Proposal and Context requires supranationalism (a regional central bank with binding power). Because ASEAN operates on
intergovernmentalism, it lacks the political structure to enforce a single monetary policy,.
The research examines the possibility of the Association of Southeast Asian Nations (ASEAN) adopting a
unified currency similar to the Euro. IV. Legal and Constitutional Hurdles

• Historical Foundation: ASEAN was established in 1967 (Bangkok Declaration) by five founding Implementing a single currency faces significant domestic legal barriers across member states.
members during the Cold War to promote political stability and economic growth. It has since
expanded to include 11 members, with Timor-Leste being the most recent addition. • Constitutional Mandates: Most ASEAN nations have constitutions or laws that explicitly vest
• The Inspiration: The concept of a "One ASEAN Currency" is derived from the success of the monetary authority in their own national central banks.
European Union (EU), where the Euro transformed the continent by strengthening political unity, o Philippines: The 1987 Constitution vests authority in the Bangko Sentral ng Pilipinas.
price stability, and trade. o Indonesia & Thailand: Authority is vested in Bank Indonesia and the Bank of Thailand,
• Current Framework: The ASEAN Charter and the ASEAN Economic Community (AEC) Blueprint respectively, via statutory and constitutional provisions.
(2018–2025) aim for a "single market and production base," which theoretically sets the stage for o Malaysia: The Bank Negara Malaysia holds this power under the Federal Constitution.
deeper financial integration,. • The Anomaly: Timor-Leste is the exception, as it uses the U.S. Dollar and relies on the U.S. Federal
Reserve, meaning it already lacks independent monetary control.
II. The European Model: Prerequisites for Success • Requirement: To adopt a single currency, these nations would have to amend their constitutions
to legally transfer power to a regional bank.
To understand why ASEAN struggles with this concept, one must look at how the EU achieved it.
V. Economic Reality: The Stability Gap
• European Monetary System (EMS): The EU established a central authority, the European Central
Bank (ECB), which took over monetary policy from national banks. Beyond legal theory, the economic data (2020–2024) suggests the region is not financially ready.
• Strict Criteria: Member states had to meet the "Maastricht Treaty" conditions—strict requirements
regarding price stability, public finance, and interest rates—before they were allowed to adopt the • GDP Volatility: Growth rates have fluctuated wildly (e.g., the Philippines dropped -9.6% in 2020
Euro. before rebounding), indicating a lack of the stability required for a monetary union.
• Surrender of Authority: EU nations voluntarily gave up their power to control their own money • Inflation Disparity: A single currency requires similar inflation rates across members.
supply to the ECB. o While Thailand projected ~0.7% inflation for 2024, Laos faced hyperinflation of ~31.2% in
2023.
III. The Core Conflict: Supranationalism vs. Intergovernmentalism • Analysis: The data shows that ASEAN economies are not yet "effectively controlled" or integrated
enough to support a unified system. A single currency in this environment would likely collapse due
The research identifies a fundamental ideological incompatibility between the EU model and the ASEAN to these disparities.
way.
VI. Conclusion
A. Supranationalism (The EU Approach)
The research concludes that a One ASEAN Currency is not yet feasible.
14
 • Reasons: A. Traditional Warfare
1. ASEAN has not adopted the necessary philosophy of supranationalism.
2. Member states are legally bound by their constitutions to manage their own money. • Definition: Wars historically fought through direct engagement on the ground, sea, or water.
3. The economic indicators (GDP and inflation) show too much instability and inequality among • Tools: Relied on tangible military assets such as tanks, aircraft, infantry, artillery, and soldiers.
members to function under one interest rate. • Reach: Strictly limited by geography and logistics.
• Targets: Physical assets like military bases, soldiers, vehicles, and infrastructure.

B. Cyber Warfare
Analogy for Understanding Supranationalism vs. Intergovernmentalism: Think of the currency as a
Joint Bank Account. • Definition (Maras): Cyber warfare refers to "cyber acts that compromise and disrupt critical
infrastructure systems, which amount to an armed attack".
• The EU (Supranationalism): A married couple. They have a joint account (The Euro). To make this • The Act: It involves malicious activities attempting to collect, disrupt, deny, degrade, or destroy
work, they agree that neither can buy a car without the other's permission. They surrender their information system resources or the information itself.
individual freedom to spend for the stability of the household. • Tools: Utilizes digital tools and techniques to achieve strategic objectives rather than physical
• ASEAN (Intergovernmentalism): A group of friends living in a dorm. They have separate accounts weapons.
(Peso, Baht, Ringgit) but they pool money for pizza on Fridays (Trade Agreements).
• The Issue: The research asks if the roommates should open a joint account. The answer is no,
because one roommate is rich (Singapore) and one is broke (Laos), and none of them want to give
up the password to their personal banking apps (Sovereignty). III. The Four Forms of Cyber Warfare

The research categorizes cyber operations into four distinct methodologies:

1. Espionage: The stealing of government or military secrets.

Cyber Warfare — The New Face of War 2. Denial of Service (DoS/DDoS): Overwhelming systems to make them inaccessible to legitimate
users.
Course: Public International Law / Modern Conflict Studies Source Material: Manobra, M. S. Cyber 3. Sabotage: Deliberately shutting down or destroying systems.
Warfare: The New Face of War. 4. Influence Operations: The use of fake news and deepfakes to manipulate public perception and
destabilize societies.

I. Course Objectives
IV. The Legal Framework: The "Armed Attack" Debate
This module aims to navigate the intersection of technology and international law by:
The central legal challenge in Public International Law is determining when a cyber operation justifies a
1. Defining cyber warfare and distinguishing it from traditional kinetic warfare. military response.
2. Exploring the evolution of cyber warfare in the 21st century.
3. Investigating existing international laws (specifically the UN Charter) governing these acts. A. The Right to Self-Defense (UN Charter Article 51)
4. Examining how cyber power contributes to geopolitical instability and global power shifts.
• The Rule: Article 51 states that nothing impairs the inherent right of individual or collective self-
defense "if an armed attack occurs" against a Member of the United Nations.
• The Condition: This right exists until the Security Council takes necessary measures.
II. Defining the New Battlefield
B. The Interpretative Gap The critical question posed is: Is a "Cyber-attack" an "Armed Attack"?.
To understand cyber warfare, one must contrast it with the historical understanding of conflict.

15
 • Threshold of Severity: Not every hostile act is an armed attack. To justify self-defense under Article
51, the attack must constitute the "most grave forms of the use of force".
• The "Effects" Test: Daniel Silver (former General Counsel of the CIA and NSA) argues that the
classification depends on the severity of the harm caused rather than the instrument used. The Rohingya Crisis — Statelessness, Genocide,
• ICJ Distinction: The International Court of Justice (ICJ) has ruled that minor cross-border incursions
(low scale and effects) are merely "Frontier Incidents" rather than "armed attacks," implying that and International Law
low-level cyber harassment may not justify a military response.
Course: International Human Rights Law / Southeast Asian Studies Source Material: Maradia, H. L. The
Plight of the Rohingya: History, Violations, and the International Response.

V. International Governance and Gaps

The global community is attempting to regulate this domain, but a unified legal code is missing. I. Introduction: The Crisis Defined

• Key Actors: Efforts to address cyber warfare are being led by: The Rohingya crisis represents one of the most severe human rights catastrophes of the 21st century.
1. North Atlantic Treaty Organization (NATO)
2. United Nations (UN) • Who are the Rohingya? They are a predominantly Muslim ethnic group residing in the Rakhine
3. Council of Europe. State of Myanmar.
• Current Status: Despite these efforts, the research highlights a significant "absence of • Core Status: They are functionally stateless. The 1982 Citizenship Law systematically excluded
comprehensive international cyber law," leaving states to navigate these conflicts using them from citizenship, institutionalizing state-sponsored marginalization.
interpretations of old laws rather than specific new treaties. • The Tipping Point (2017): A military crackdown, termed "clearance operations," resulted in mass
violence that forced over 700,000 Rohingya to flee into neighboring Bangladesh. These events have
been characterized by many international observers as "ethnic cleansing" or "genocide".

VI. Summary II. Historical Context and Identity

Cyber warfare represents a paradigm shift where the "reach" of conflict is no longer limited by geography. The conflict is rooted in a clash between historical reality and state narrative.
The pressing legal challenge is applying the "Armed Attack" threshold of the 1945 UN Charter to modern
digital sabotage. Until a comprehensive international law is established, states must rely on the "severity of • Historical Presence: Scholarly research indicates the Rohingya have inhabited the Arakan (Rakhine)
harm" to determine if a cyber operation allows for a legal military response. region for centuries, with their identity formed through pre-colonial migration, cultural exchange,
and political evolution.
• The State Narrative: Conversely, the Myanmar government classifies them as "foreign interlopers."
This classification is the primary justification used to deny them citizenship and rights to residency,.
Analogy for Understanding the Legal Dilemma: Think of Article 51 (Self-Defense) as a rule that says,
"You can punch back only if someone hits you with a fist or a weapon." III. Patterns of Violence (2017)

• Traditional Warfare is a clear punch to the face. You have the right to fight back. The 2017 military operations were among the bloodiest in Myanmar's history.
• Cyber Warfare is like someone locking your house from the outside, turning off your electricity,
and draining your bank account without ever touching you. • Nature of Violence: The UN Fact-Finding Mission (FFM) described the violence as state-
• The Legal Problem: The law asks, "Did they hit you?" Technically, no. But because the severity of coordinated persecution.
the harm (no heat, no money) is just as bad as being hit, legal experts (like Daniel Silver) argue you • Tactics Used:
should still have the right to fight back. o Systemic sexual violence (gang rapes).
o Torture and imprisonment.
o The total destruction of villages.

16
 o Mass killings. • Hate Speech: Reports indicate that social media platforms (specifically Facebook) played a
significant role in exacerbating hate speech and inciting violence against the Rohingya.
IV. Humanitarian Consequences
VII. Conclusion
The displacement has created a protracted refugee emergency in Bangladesh.
The research concludes that the Rohingya crisis is the result of historical exclusion, ethnic nationalism, and
• Cox's Bazar: This location hosts approximately one million Rohingya refugees, making it the military impunity,.
home of the world’s largest refugee camp.
• Conditions: The camps are fraught with danger due to overcrowding, food insecurity, and a lack of • Requirement for Peace: Long-term solutions require reliable accountability procedures (justice),
employment. Vulnerable groups, particularly women and children, face abuse. the restoration of rights (citizenship), and sustained regional cooperation. Without these, the
• Funding Crisis: Humanitarian efforts are currently threatened by a significant lack of international humanitarian situation will continue to deteriorate.
funding.

V. Legal and Political Responses

Analogy for Understanding the Rohingya Legal Status: Imagine a family that has lived in a specific
The international community has utilized various legal mechanisms to address the crisis, though political apartment building for generations.
will remains divided.
• 1982 Citizenship Law: A new landlord takes over and retroactively changes the lease rules, stating
A. Judicial Action that only tenants with "original" paperwork from 100 years ago can stay. Because this family cannot
produce the specific paper the landlord demands, they are declared trespassers (Statelessness) in
• ICJ (The Gambia v. Myanmar): The International Court of Justice ordered Myanmar to implement their own home.
"provisional measures" to prevent genocide,. • 2017 Crisis: The landlord then uses security guards to physically throw them out into the street and
• ICC Investigations: The International Criminal Court is investigating crimes that fall under its burn their furniture (Clearance Operations).
jurisdiction, such as forced deportation. • The Aftermath: The family is now camping on the sidewalk of a neighbor (Bangladesh). The
• IIMM: The Independent Investigative Mechanism for Myanmar was established to collect and neighbor wants them to leave because the sidewalk is crowded, but the family cannot go back inside
preserve evidence for future criminal proceedings. because the landlord has changed the locks and still refuses to recognize them as tenants (No
Repatriation).
B. Political Failure

• UN Security Council: Despite evidence of atrocities, the Security Council has been unable to take
unified action due to geopolitical differences among permanent members.
• ASEAN: The regional bloc has been limited in its response due to its strict policy of "non-
interference" in the internal affairs of member states. China as the "New Conquistador" — Neo-
VI. Obstacles to Resolution Imperialism and Global Order
A. Repatriation Issues
Course: Public International Law (JD 301) Source Material: Naga, A. P. (2025). China as the New
Conquistador.
• Despite bilateral agreements, safe return is currently impossible.
• Barriers: There are no guarantees of citizenship, discrimination remains systemic, and the refugees'
villages have been physically destroyed,.

B. The Role of Technology

I. Introduction: The Research Query

The central inquiry of this research is whether China's rise constitutes a form of "Neo-Imperialism."
17
 • The Metaphor: The paper compares modern China to the 16th-century Spanish Conquistadors A. Maritime Supremacy & The Philippines
(conquerors) who used force to subjugate the Americas for "God, Gold, and Glory".
• The Objective: To analyze if China's Belt and Road Initiative (BRI), economic loans, and military • The Nine-Dash Line: China claims sovereignty over almost the entire South China Sea. The research
expansion reflect historical patterns of invasion or if they represent a new form of "hegemonic asserts this contravenes UNCLOS and that the Philippines has "preeminent claims" to Scarborough
maintenance through networks". Shoal and the Kalayaan Island Group.
• Economic Coercion: By controlling shipping lanes (where 80% of trade travels), China can choke
II. Historical Context: From Shame to Pragmatism off the economies of adversaries.

Understanding China's current aggression requires understanding its historical trauma and recovery. B. Economic Threats (ASEAN)

• The "Century of Shame": Following the First Opium War (1840), China endured colonization, • Dumping: In Indonesia, local markets are flooded with Chinese goods priced significantly lower
Japanese invasion, and civil war. This period of "humiliation" drives modern Chinese nationalism. than local products (e.g., 5 pairs of Chinese shoes for the price of 1 Indonesian pair), threatening
• The Shift (Deng Xiaoping): After the disastrous "Cultural Revolution" under Mao, Deng Xiaoping local industries with bankruptcy.
took power in 1978. He introduced Pragmatism over ideology, famously stating: "It doesn't matter
whether a cat is black or white, as long as it catches mice". This shifted the focus from Marxist dogma VI. The "Secret" to China's Rise
to economic results.
How did China achieve this power so quickly? The paper identifies three internal pillars:
III. Theoretical Framework: 21st Century Imperialism
1. High Investment Rates: China invests 30–45% of its GDP annually back into infrastructure and
The research argues that modern imperialism is defined by economics rather than direct colonial rule. growth—almost double the rate of the US.
2. Human Capital: A massive focus on education and gender parity. China’s "Human Capital Index"
• Global Labor Arbitrage: The mechanism of modern imperialism where wealthy nations (and now (0.65) far outstrips regional peers like India (0.49).
China) cut costs by exploiting lower-wage labor in developing nations through outsourcing. 3. Forced Tech Transfer: To enter the Chinese market, foreign firms (like Volkswagen or Siemens) are
• Economic Dependence: When a country relies on another for growth, it becomes vulnerable. The often required to form "joint ventures" and share their technology with local partners. China then
dominant partner can force political alignment. learns, adapts, and eventually competes with this technology (e.g., High-Speed Rail).
o Mechanism: The dominant nation controls the means of production and receives the
dividends, while the subject nation retains only nominal political rule. VII. Conclusion: Merchant or Conquistador?

IV. The Mechanics of Expansion: The Belt and Road Initiative (BRI) The research concludes that China is not a traditional Conquistador.

Launched in 2013, the BRI is the vehicle for China's global expansion. • The Distinction: Conquistadors sought total political domination via the sword. China seeks
"hegemonic maintenance through networks" via the wallet.
• Scope: A network connecting China to Asia, Africa, and Europe via overland "Belts" (rail/pipelines) • The Verdict: China acts more like a Merchant than a conqueror. While it uses imperial tactics
and maritime "Roads" (ports). (economic coercion), the relationship is largely a "buyer-consumer dynamic." However, this creates
• The "Debt Trap" Risk: China lends massive sums for infrastructure. If countries cannot pay, they a world where sovereignty is eroded not by invasion, but by debt and dependency.
become politically beholden to Beijing.
o Example: China’s investments in ports (e.g., Sri Lanka, Djibouti, Cameroon) are not just
commercial; they create strategic footholds.
• Political Loyalty (The UN Vote): The paper cites a 2022 UN Human Rights Council vote regarding Analogy for Understanding China's Strategy: Think of the difference between a Gangster
(Conquistador) and a Company Store (China).
Uyghur abuses. Many African and Muslim-majority nations (recipients of BRI funds) voted against
discussing the abuses. This proves that economic aid buys political silence.
• The Gangster (16th Century Conquistador): Kicks down your door, holds a gun to your head,
steals your furniture, and declares himself the new owner of your house. This is colonialism.
V. Specific Threats to Sovereignty

18
 • The Company Store (Modern China): Builds a beautiful new road to your house and offers you a A. Power Asymmetry (The Structural Barrier)
generous credit card to buy furniture. You technically still "own" your house and have your freedom
(Sovereignty). But, you owe the store so much money that you can never leave, you have to work • Definition: The disparity in material capabilities (economic and military) between disputing states.
for them to pay the interest, and you can't complain about their rules or they will cut off your credit. • The Data:
This is Economic Dependence/Neo-Imperialism. o GDP: China’s nominal GDP is approximately 40 times larger than that of the Philippines (USD
18.7 trillion vs. USD 461 billion in 2024).
o Defense: China’s defense budget is roughly 55 times larger than the Philippines' (USD 304
billion vs. USD 5.4 billion).
• Impact: Consistent with "Power Transition Theory," dominant hegemons (China) can resist
enforcement from weaker states without immediate consequences. The research establishes an
The Compliance Gap in the South China Sea inverse proportionality: as the power gap widens, the probability of compliance decreases.

Arbitration B. Institutional Legitimacy (The Perception Barrier)

• Comparative Analysis: The study compares compliance rates between the International Tribunal
Course: Public International Law (JD 301) Source Material: Pido, A. A. G. (2025). Beyond Legal Clarity: A
for the Law of the Sea (ITLOS) and Annex VII Tribunals (like the PCA).
Doctrinal and Empirical Study of Compliance of the 2016 SCS Arbitral Award.
o ITLOS: Has a high "Full Compliance" rate (e.g., Bangladesh v. Myanmar) because states
generally acknowledge its institutional legitimacy.
o Annex VII (PCA): Shows mixed results. In Philippines v. China, China contested the tribunal's

I. Introduction: The Conflict Landscape jurisdiction over "sovereignty," undermining its normative authority.
• Finding: Even binding awards become unenforceable if the respondent state (China) has the power
The South China Sea (SCS) is a critical geopolitical flashpoint, facilitating roughly one-third of global to reject the institution's legitimacy.
maritime trade and hosting rich hydrocarbon and fishery resources. The dispute centers on overlapping
claims between: III. The "Specialized UNCLOS-Based Compliance Model"

• China: Asserts claims over nearly 90% of the SCS based on the "nine-dash line," a cartographic claim The research proposes a logistic regression model to forecast compliance. It argues that abstract legal
rooted in "historic rights". rights must be translated into Operational Variables found within UNCLOS itself to be effective.
• The Philippines: Grounds its claims in the United Nations Convention on the Law of the Sea
The Five Operational Variables:
(UNCLOS), specifically regarding the 200-nautical-mile Exclusive Economic Zone (EEZ).

1. Diplomacy (Part XV): The use of dispute settlement mechanisms.

The 2016 Arbitral Award
2. Patrols (Art. 73): The physical enforcement of laws. Effective patrols deter incursions, but the
• Initiation: The Philippines filed for arbitration in 2013 under UNCLOS Annex VII. Philippines is constrained by limited naval assets.
• The Ruling: On July 12, 2016, the Permanent Court of Arbitration (PCA) favored the Philippines. It 3. Reclamation (Arts. 56, 60): The construction of artificial islands. China’s island-building enhances
declared China’s "nine-dash line" incompatible with UNCLOS and ruled that China had violated its de facto control, overriding the de jure rights of the Philippines.
Philippine sovereign rights regarding fishing and environmental preservation. 4. Fishing Density (Arts. 61-64): High density of foreign vessels overwhelms local management,
• The Paradox: Despite the "legal clarity" of the award, there is a stark gap in "political reality." China leading to resource-driven conflict.
rejected the ruling as null and void, continuing its reclamation and occupation activities. 5. Military Presence (Arts. 29, 58, 59): The presence of warships acts as a coercive variable that limits
the weaker state's ability to enforce the award.
II. The Core Thesis: Why States Don't Comply
The Formula: The probability of compliance is contingent on the interaction between these operational
The research argues that legal entitlement alone is insufficient to secure compliance. Instead, compliance realities and the structural power ratio. Simply put: Legal Clarity + Operational Weakness = Non-
is a categorical outcome influenced by nonlinear factors, primarily Power Asymmetry and Institutional Compliance.
Legitimacy.
19
IV. Conclusion and Recommendations I. Introduction: A "Live Laboratory" for International Law

The 2016 Award represents a "hollow victory"—a legal milestone that lacks enforcement teeth due to the The International Criminal Court's (ICC) investigation into the Philippine "War on Drugs" is not merely a
enforcement deficit in international law. political conflict; it is a critical legal case study that tests the boundaries of international justice.

Recommendations for the Philippines: • The Context: Unlike typical ICC cases involving failed states or collapsed judicial systems (e.g., Libya,
Sudan), the Philippines possesses a functioning state with active courts and investigative
1. Leverage Diplomacy: Use multilateral engagements (alliance-building) to aggregate power and mechanisms.
reduce the asymmetry with China. • The Core Inquiry: The research moves beyond political rhetoric to analyze how this case clarifies
2. Coordinated Fisheries Management: Implement monitoring systems in the EEZ to promote ambiguous legal doctrines, specifically regarding jurisdiction, state withdrawal, and command
transparency and data reporting, consistent with UNCLOS stewardship obligations. responsibility.
3. Modernization: Invest in naval and coastal defense to gradually narrow the power gap, ensuring
that legal claims are backed by credible enforcement capabilities. II. The Principle of Complementarity (Article 17)

The ICC acts as a court of last resort. It only intervenes if a state is "unwilling or unable" to prosecute. This
case tests the definitions of these terms.
Analogy for Understanding the Compliance Gap: Imagine a Property Dispute between a small
homeowner (Philippines) and a massive corporate developer (China). A. The "Same Conduct" Test

• The Court Ruling (2016 Award): The court hands the homeowner a piece of paper (Legal Clarity) • The Rule: For a domestic investigation to block the ICC (making a case inadmissible), the state must
stating, "This land belongs to you." prove it is investigating the "same conduct".
• The Reality (Power Asymmetry): The developer ignores the paper, parks a bulldozer • The Conflict:
(Military/Reclamation) on the lawn, and has 50 security guards (Fishing Density/Patrols) surrounding o Philippine Position: The government cites the DOJ Review Panel (Administrative Order No.
the property. 35) investigating ~300 specific police operations and filing charges against low-level officers.
• The Police (Enforcement): In international law, there is no "Sheriff" to forcibly remove the o OTP Position: The Office of the Prosecutor (OTP) alleges a "widespread and systematic
developer. attack" involving 12,000 to 30,000 killings under operational plans like Oplan Tokhang.
• The Lesson: The piece of paper is legally valid, but without the physical means to move the bulldozer • Legal Precedent: Citing Gaddafi and Al-Senussi, the paper notes that investigating isolated
(Operational Capacity), the homeowner cannot actually use the land. The homeowner's only option homicides does not satisfy the "same conduct" test if the international allegation is a systematic
is to call many friends (Diplomacy/Alliances) to pressure the developer to leave. policy. If the state ignores the "systematic" nature, the ICC may still claim jurisdiction.

B. Assessing "Genuineness" (Positive vs. Negative Complementarity)

• Negative Complementarity: Occurs when a state maintains formal proceedings merely to block
ICC jurisdiction without a genuine intent to bring high-level perpetrators to justice.
• Indicators of Unwillingness:
The Duterte Case and the Evolution of 1. Proceedings designed to "shield the person concerned."
2. Focusing exclusively on low-ranking officers while exonerating senior leadership.
International Criminal Law 3. A significant delay in initiating investigations until after the ICC began its preliminary
examination.
Course: Public International Law (JD 301) Source Material: Umpa, J. M. (2025). The Duterte Case Before the
ICC: A Neutral Analysis of Its Relevance to the Evolution of International Criminal Law. III. Temporal Jurisdiction and State Withdrawal

The Philippines withdrew from the Rome Statute in March 2018 (effective March 2019), raising questions
about the Court's reach.
20
A. Article 127(2): The "Crystallization" of Obligations • Defense Theory: These were mere "political rhetoric," not operational orders. Furthermore, under
the separation of powers, a President cannot interfere in specific police prosecutions, meaning he
• The Rule: Withdrawal does not discharge a state from obligations arising while it was a party. lacked the "ability" to punish individual officers.
• Application: The Pre-Trial Chamber affirmed jurisdiction over crimes committed between July 1, • Key Question: Does creating a "permissive environment" through speech constitute "effective
2016, and March 16, 2019. control"? The paper argues this case will set the precedent for how political speech is treated in
• Significance: This establishes that withdrawal cannot be used as a retroactive "escape hatch" or a criminal law.
tool for impunity. Even if a state leaves to avoid prosecution, it remains liable for acts committed
during its membership. VI. The Sovereignty-Accountability Tension

B. The Continuing Crime Problem The case represents a clash between Westphalian Sovereignty (state authority is absolute) and
International Accountability (sovereignty implies responsibility).
• A complex legal issue arises because the "War on Drugs" continued after the withdrawal took effect
in 2019. The Court must determine how to weigh post-withdrawal evidence (which it technically • Institutional Legitimacy:
cannot prosecute) to prove the "systematic nature" of the pre-withdrawal crimes. o If the ICC defers to the Philippines' limited investigations, it risks being seen as ineffective
and easily outmaneuvered by sophisticated states (like in the Kenyatta case).
IV. Crimes Against Humanity in a Law Enforcement Context o If the ICC intervenes aggressively despite the Philippines' functioning courts, it risks being
branded as a neo-colonial institution violating sovereignty.
The case challenges the ICC to define when a domestic anti-crime campaign becomes a Crime Against
Humanity (Article 7). VII. Conclusion
A. The Threshold: Policy vs. Policing Regardless of the verdict, the Duterte case is pivotal. It reinforces that treaty withdrawal is not a shield for
past crimes and forces the international community to define the line between aggressive policing and
• To be a Crime Against Humanity, there must be an "attack pursuant to a state policy". systematic murder.
• Evidence of Policy: The OTP points to:
1. Quotas and Rewards: Systems incentivizing "neutralizations".
2. "Nanlaban" (Resisted Arrest): PNP data shows ~6,600 suspects killed for "resisting arrest."
The consistency of this justification across thousands of cases suggests a standardized Analogy for Understanding the "Same Conduct" Dispute: Imagine a Factory Pollution Scandal.
institutional cover-up rather than genuine self-defense.
• The Situation: A CEO orders a policy to dump toxic waste into a river to cut costs, killing thousands
B. The Risk: The Court must find a middle ground. If the threshold is too low, it chills legitimate law of fish.
enforcement. If too high, states can disguise mass atrocities as "public safety" operations. • Domestic Action (Philippines): The local police fine the individual janitors for "littering" (isolated
crimes). They argue they are handling the problem.
V. Civilian Command Responsibility (Article 28b) • International Court (ICC): The ICC Prosecutor argues, "You are fining the janitors for littering, but
I am investigating the CEO for the policy of environmental destruction."
Most ICC command responsibility law comes from military cases (Bemba). This case applies the doctrine to • The Lesson: Even though the local courts are "working" (fining janitors), they are not investigating
a Civilian Head of State in a democracy. the "Same Conduct" (the systematic policy/CEO's role). Therefore, the ICC claims it can step in
because the state is technically "unwilling" to touch the real crime.
A. The Elements The superior is liable if they: (1) Knew or consciously disregarded information about
crimes; (2) Had effective control; and (3) Failed to take necessary measures to prevent them.

B. The "Rhetoric" Defense

• Prosecution Theory: President Duterte’s statements ("Go ahead and kill them yourself," "I will go
to jail for you") encouraged the crimes and created a climate of impunity, proving "effective control".

21
The Crisis in Myanmar — Genocide, Geopolitics,
• Includes grave breaches of the Geneva Conventions, such as directing attacks against civilians or
summary executions.

and International Justice III. Geopolitical Context: Why Rakhine Matters

Course: Public International Law / Human Rights & Geopolitics Source Material: Mustapha, A. T. (2025). The location of the atrocities, Rakhine State, is not just ethically significant but strategically vital.
[Link].
• Resource Wealth: Rakhine holds significant economic potential, specifically proven natural gas and
oil reserves (e.g., the income-generating Shwe gas projects).
• Foreign Interest: The region is a focal point for major powers, specifically China and India, due to
I. Historical Context: The 2017 Crisis pipelines and proposed infrastructure projects connecting to the Bay of Bengal.

The lecture begins by grounding the legal analysis in the humanitarian catastrophe of 2017. IV. The "Two-Track Path" to Justice

• Clearance Operations: The Myanmar military launched "systematic and disproportionate" The international legal response operates through two distinct but parallel mechanisms:
operations against the Rohingya population. These operations resulted in mass killings, gang rape,
and widespread sexual violence. Track 1: The International Court of Justice (ICJ) — " The World Court"
• Legal Status of the Rohingya: The Rohingya are a Muslim ethnic minority who have been rendered
de facto stateless. • State Responsibility: This track addresses the liability of the State of Myanmar.
o The 1982 Citizenship Law: This exclusionary law is the primary driver of their statelessness. • The Case: The Gambia v. Myanmar (filed in 2019) under the Genocide Convention, alleging failure
o Discrimination: They face institutionalized discrimination, including severe restrictions on to prevent and punish genocide.
movement, marriage, and family planning. • Key Ruling: In January 2020, the ICJ issued a unanimous, binding order for "Provisional Measures,"
requiring Myanmar to prevent further abuses and preserve evidence.
II. Legal Framework: Defining the Atrocities
Track 2: The International Criminal Court (ICC) — "The Criminal Court"
To classify these acts under international law, the presentation defines three core categories of crimes:
• Individual Responsibility: This track targets the individuals (military leaders) responsible for the
1. Genocide (Article 6) crimes.
• Jurisdiction Hurdle: Myanmar is not a State Party to the Rome Statute.
• Acts committed with the specific intent to destroy, in whole or in part, a national, ethnic, racial, or • The Workaround: In 2019, the ICC authorized an investigation based on the "Cross-Border
religious group. Element." Because the crime of forcible deportation was completed in Bangladesh (which is a State
• Includes killing, causing serious harm, or inflicting conditions calculated to bring about physical Party), the Court established jurisdiction.
destruction.
V. Challenges and Outlook
2. Crimes Against Humanity (Article 7)
A. Domestic Impunity
• Acts committed as part of a widespread or systematic attack directed against a civilian population.
• Includes murder, deportation, torture, persecution, and sexual violence. • Domestic accountability is virtually impossible because Myanmar's judicial system lacks
independence. It has shown no willingness to prosecute high-ranking military officials.
3. War Crimes (Article 8)
B. International Mechanisms
• Serious violations committed in the context of an armed conflict (whether international or non-
international).

22
 • IIMM: The UN established the Independent Investigative Mechanism for Myanmar (IIMM). Its A. The General Rule: Article 2(4)
sole purpose is to collect, analyze, and preserve evidence to strengthen the factual basis for future
criminal proceedings. • The Prohibition: All UN members must refrain from the threat or use of force against the territorial
• Conclusion: The military junta has demonstrated a "deliberate pattern of persecution," confirming integrity or political independence of any state.
the commission of genocide and crimes against humanity. • Status: This is considered a jus cogens norm (a peremptory norm from which no derogation is
permitted).
• Definition of "Force": In the Charter, this refers strictly to armed/military force. It does not include
economic coercion or sanctions.
Analogy for Understanding the ICC Jurisdiction (Track 2): Think of the jurisdiction issue like a Gunshot
across a Border. B. The Exceptions Even with the strict prohibition, force is lawful under three specific conditions:

• The Shooter (Myanmar): Stands in their own country, where the international police (ICC) 1. Individual or Collective Self-Defense (Article 51): The "inherent right" to respond to an armed
technically have no authority because the country didn't sign the treaty. attack.
• The Victim (Rohingya): Is forced across the border into a neighboring country (Bangladesh). 2. UN Security Council Authorization (Chapter VII): Collective security measures to maintain peace.
• The Ruling: Even though the trigger was pulled in the non-member country, the "crime" (the 3. Consent: Intervention invited by the lawful government of the territorial state.
injury/deportation) was completed on the soil of the member country. Therefore, the police (ICC)
can investigate the shooter because the effect of the crime hit their jurisdiction. C. The "Gravity Threshold" (Nicaragua Case)

• In Nicaragua v. US (1986), the ICJ ruled that not all violence justifies self-defense.
• Distinction: Only the "most grave forms" of force qualify as an "Armed Attack." Minor border
incidents do not trigger Article 51.

The United States and the Use of Force in III. US Interventions and Evolving Doctrines

International Law
The research tracks how the US has interpreted (and expanded) these rules through three historical phases.

1. The Post-Cold War Era (The Gulf War & Kosovo)

Course: Public International Law (JD 301) Source Material: Pangandaman, N. R. (2025). United States of
America – Its Use of Force: A Public International Law Perspective. • The Gulf War (1990): Viewed as a success for "Collective Security." The UN Security Council
authorized "all necessary means" to expel Iraq from Kuwait. It fused Article 51 (defense) with Chapter
VII (enforcement).
• Kosovo (1999): A controversial turning point. NATO, led by the US, bombed Yugoslavia to stop
I. Introduction & Objectives ethnic cleansing without UN Security Council authorization (due to Russian veto threats).
o The Debate: The US argued for Humanitarian Intervention. However, the ICJ and most of
This module examines the tension between the global legal framework governing the use of force and the the Global South rejected this as a settled rule of law, fearing it could be used as a pretext for
actual foreign policy practices of the United States. national interests.

• The Core Conflict: The US helped establish the modern rules of international law (UN Charter) but 2. The War on Terror (Post-9/11) The 9/11 attacks fundamentally reshaped US legal arguments.
frequently tests these boundaries through its national security actions.
• Key Inquiry: The research scrutinizes the doctrines of territorial integrity (Article 2(4)) and self- • Self-Defense Against Non-State Actors: Traditionally, Article 51 applied to attacks by states. Post-
defense (Article 51), specifically regarding the "War on Terror" and drone warfare. 9/11, the US asserted (and the UN largely accepted via Res 1368) that terrorists (Al-Qaeda) could
trigger an "armed attack".
II. The Legal Framework: Prohibition and Exceptions • Afghanistan (2001): Generally accepted as lawful self-defense against the Taliban for harboring Al-
Qaeda.
23
 • Iraq (2003): Highly controversial. The US justified the invasion via Preemptive Self-Defense • Afghanistan (2001): Someone punched the US (9/11), so the US punched back. This is allowed.
(attacking before a threat materializes). • Iraq (2003) / Preemptive Doctrine: The US looked at a student across the room (Iraq), decided
o Critique: Lacked evidence of an "imminent" attack. Many scholars view this as undermining that student might punch them next week because they looked angry and might have brass knuckles
the UN Charter. (WMDs). The US walked over and knocked them out just in case.
• The Result: The US argues this keeps the school safe. The Principal (UN) and other students argue
3. Drone Warfare The US use of Unmanned Aerial Vehicles (UAVs) in Pakistan, Yemen, and Somalia that if everyone starts punching people they think might be dangerous later, the entire "No Fighting"
presents new legal dilemmas. rule collapses.

• The "Unwilling or Unable" Doctrine: The US argues it can strike terrorists in a foreign country if
that country is unable or unwilling to suppress the threat itself.
• The Problem of Imminence: The US targets individuals based on "patterns of life" (Signature
Strikes) or future threats, stretching the definition of "imminent attack" beyond its traditional

•
meaning.
Human Rights Violations: Issues of proportionality (civilian casualties) and transparency (lack of
Insolvency and Public International Law — The Sri
accountability) raise concerns under International Humanitarian Law. Lankan Crisis
IV. US Foreign Policy: "Selective Engagement" Course: Public International Law (JD 301) Source Material: Maminta, J. B. (2025). Sri Lanka’s Bankruptcy:
The Implications in Public International Law.
The research cites Alfred P. Rubin to analyze the US approach to international law.

• Law as a Tool vs. Constraint: The US views international law as a tool to pressure others (e.g.,
during the Cuban Missile Crisis) but often disregards it when it constrains US options.
I. Introduction: The Crisis Defined
• Unilateralism: The US exhibits a pattern of "Selective Engagement." It champions human rights
laws elsewhere but bypasses the ICC and withdraws from treaties (like the Paris Agreement) when The bankruptcy of Sri Lanka serves as a critical case study in how international law manages sovereign debt
convenient.
in the absence of a binding global bankruptcy framework.
• Consequence: This "legalism"—using law only when it suits national interests—erodes US credibility
and weakens the global stability the US claims to uphold. • The Event: In May 2022, Sri Lanka became the first sovereign country in the Asia-Pacific to default
on its international creditors, failing to service a $51 billion external debt.
V. Conclusion • Humanitarian Dimension: The crisis transcended economics, evolving into a humanitarian
emergency characterized by severe shortages of food, medicine, fuel, and cooking gas.
The United States stands at a paradox. It relies on the UN Charter for global order but frequently bypasses • The Legal Void: The study emphasizes that Public International Law currently lacks a concrete,
it for national security.
binding mechanism for restructuring sovereign debt, forcing reliance on "soft law" and emerging
customary practices.
• Key Finding: The US expansion of "Self-Defense" to include preemptive strikes and drone attacks
against non-state actors risks making the exception (Article 51) swallow the rule (Article 2(4)).
II. Anatomy of the Collapse: Root Causes
• Recommendation: To maintain legitimacy, the US must move beyond selective invocation and
adhere to consistent legal standards, particularly regarding transparency in drone operations. The research identifies a convergence of external shocks and catastrophic domestic policy errors that
precipitated the default.

A. Domestic Policy Failures

Analogy for Understanding "Preemptive Self-Defense": Imagine the UN Charter is a Strict School Rule:
"No fighting allowed" (Article 2(4)).
1. The "Super Relaxed" Tax Regime (2019): President Gotabaya Rajapaksa implemented deep tax
cuts (e.g., slashing VAT from 15% to 8%) as a populist measure. This resulted in an annual revenue
• The Exception: You can punch back only if someone hits you first (Article 51).
24
 loss of LKR 600–800 billion, triggering a credit rating downgrade that locked the country out of • The Violation: The debt crisis directly violated rights to health and food security.
international financial markets. • The Legal Gap: While UN Guiding Principles suggest lenders must consider human rights, these are
2. The Organic Farming Experiment (2021): To save $400 million in foreign exchange on fertilizer non-binding. Consequently, IMF conditionalities (privatization, subsidy cuts) often prioritize fiscal
imports, the government abruptly banned chemical fertilizers. This "ill-thought-out" policy caused consolidation over social welfare, undermining the International Covenant on Economic, Social, and
rice production to plummet by 20%, forcing the country to import rice and driving food inflation Cultural Rights (ICESCR).
above 30%.
3. Dependency on Mega-Projects: The government borrowed heavily for infrastructure projects that IV. Emerging Customary Law and Mechanisms
failed to generate sufficient ROI (e.g., the Lotus Tower and Hambantota Port). The port, unable to
service its loans, was leased to a Chinese firm for 99 years. In the absence of a global bankruptcy court, the resolution of Sri Lanka's crisis relied on emerging norms
4. Delay in Seeking Aid: The administration initially refused to approach the IMF, claiming it had and "soft law" governance.
"alternate strategies," which wasted valuable time as reserves depleted to near zero.
A. Specific and Credible Assurances (SCAs)
B. External and Geopolitical Shocks
• To unlock IMF lending, the IMF required "financing assurances" from official bilateral creditors.
1. Debt Accumulation: High external borrowing began post-2009 to rebuild after the Civil War. • India: Was the first to provide assurances, driven by strategic competition with China.
2. Global Disruptions: The COVID-19 pandemic decimated the tourism industry (13% of GDP) and • China: As the largest bilateral creditor, its participation was crucial. It eventually provided assurances
remittances. Subsequently, the Russia-Ukraine conflict disrupted supply chains for energy and and a moratorium on repayments.
fertilizer. • Paris Club & Japan: Provided coordinated assurances to negotiate terms comparable to the IMF
3. Geopolitical Constraints: Sri Lanka’s economy suffered from the "balancing act" between China program.
and India. For example, cancelling the East Container Terminal deal with India/Japan to appease
political unions strained diplomatic ties needed for financial rescue. B. Collective Action Clauses (CACs)

III. Implications in Public International Law (PIL) • These legal clauses in sovereign bonds prevent a minority of creditors ("holdouts") from blocking a
restructuring deal.
The crisis tests fundamental doctrines of international law regarding state obligations and survival. • Application: Sri Lanka successfully used CACs to force a restructuring plan on bondholders,
achieving 98–100% participation in most bond series.
1. Sovereignty and State Responsibility
C. Soft Law Guidelines
• Eroded Sovereignty: The crisis restricted Sri Lanka's "practical sovereignty"—its ability to
independently steer economic policy. Dependence on the IMF and creditors for restructuring • UNCTAD: Recommended tailored development approaches rather than generic austerity, citing the
dictated its domestic fiscal decisions. failure of short-term fixes.
• Responsibility vs. Austerity: The state faced a conflict between its responsibility to ensure the • IMF Norms: Enforced "comparability of treatment" to ensure that no creditor (e.g., bilateral vs.
fundamental rights of its citizens (health, standard of living) and the austerity measures required to private) received preferential repayment terms.
service debt.
V. Conclusion
2. Pacta Sunt Servanda vs. State of Necessity
The study concludes that the Sri Lankan bankruptcy highlights a systemic failure in international law
• Pacta Sunt Servanda: Under this principle, Sri Lanka is legally bound to honor its debt agreements. regarding middle-income developing countries.
• State of Necessity: Sri Lanka suspended debt payments in 2022, effectively breaching pacta sunt
servanda. The research argues this aligns with the doctrine of "State of Necessity," where a state • The Trap: As a middle-income nation, Sri Lanka was deprived of certain financing opportunities
may temporarily suspend obligations if they threaten its essential existence or the survival of its available to poorer states, yet lacked the resilience of wealthy nations.
population. • Future Impact: The crisis has pressured institutions like the World Bank and IMF to develop
frameworks that integrate human rights and essential needs into debt restructuring, preventing
3. Human Rights Obligations future humanitarian catastrophes.
25
 • Argument: Globalization is an unstoppable force rendering the nation-state obsolete. We are
moving toward a "borderless world" where global markets and corporations hold the real power.
Analogy for Understanding the Legal Tension: Imagine a father who has signed a contract to pay a bank • Key Concept: The state is becoming a "nostalgic fiction".
loan every month (Pacta Sunt Servanda). • Critique: This view exaggerates the decline of the state, ignoring how governments still regulate
global interactions.
• Suddenly, he loses his job and his house catches fire (External Shocks), while he simultaneously
makes poor spending choices (Domestic Policy Failure). 2. The Skeptical View (Persistence)
• He is left with only enough money to either pay the bank or buy food for his starving children.
• If he chooses to feed his children and stop paying the bank, he is invoking the State of Necessity. • Argument: Globalization is not new; states remain the primary actors in international relations.
He admits the contract exists and that he should pay, but argues that the immediate survival of his • Key Concept: "Organized Hypocrisy" (Stephen Krasner): States claim to respect sovereignty but
family (the State/Population) overrides the legal duty to the bank (Creditors) in this extreme violate it whenever it suits their strategic interests.
moment. International Law is currently struggling to decide exactly when a state is allowed to make • Role of States: States are the architects of globalization, creating the very institutions (UN, WTO)
that choice. that supposedly constrain them.

3. The Transformationalist View (Reconfiguration)

• Argument: Sovereignty is not disappearing, but it is deeply changing. It is shifting from "absolute
control" to "shared governance".
The Impact of Globalization on State Sovereignty • Verdict: The paper adopts this view, arguing that sovereignty is now adaptive—states must
negotiate and cooperate to survive.
Course: Public International Law (JD 301) Source Material: Alim, T. B. (2025). The Impact of Globalization
on State Sovereignty.
III. The Erosive Forces: How Globalization Limits the State

The research identifies three specific domains where state authority is shrinking.

A. Economic Sovereignty (The "Golden Straitjacket")

I. Introduction: The Core Tension
• Multinational Corporations (MNCs): MNCs can move capital to countries with the lowest taxes or
The central theme of this research is the conflict between the traditional legal definition of the state and
regulations. This creates an "asymmetry of power" where corporations can effectively dictate
the reality of a hyperconnected world.
national policy.
• The Baseline (Westphalian Sovereignty): Originating from the 1648 Peace of Westphalia, • Loan Conditionalities: International Financial Institutions (IFIs) like the IMF impose "structural
adjustments" (e.g., cutting spending, privatizing industries) on borrowing nations. This directly
sovereignty is defined by three principles: territoriality (authority within borders), political
autonomy (supremacy in domestic policy), and non-interference (freedom from external control). reduces a state's freedom to decide its own economic path.
• The Challenge (Globalization): Globalization is the acceleration of interdependence through • Global Supply Chains: Production is fragmented across borders. A disruption in one country affects
all others, forcing governments to prioritize global market stability over purely national interests.
economic, political, and cultural exchanges. It creates a "de-bordering" effect where capital,
information, and norms bypass national controls.
B. Political and Legal Sovereignty
• The Problem: How can a state remain "sovereign" when it must constantly adjust its laws to fit
global markets, international treaties, and digital networks?
• Pooled Sovereignty: In supranational bodies like the European Union (EU), member states
voluntarily surrender authority in areas like trade and migration for collective benefits.
II. Three Theoretical Perspectives • Human Rights Doctrines: The principle of "Responsibility to Protect" (R2P) challenges the
absolute right of non-interference. If a state fails to protect its people, the international community
To analyze this tension, the research categorizes academic thought into three schools:
claims the right to intervene.
1. The Hyperglobalist View (Erosion)
26
 • Global Governance: During crises like the COVID-19 pandemic, norms set by the WHO influenced • From "absolute" to "negotiated": Sovereignty is no longer about isolation. It is about the capacity
national health policies, blurring the line between national independence and international to participate in the global system.
obligation. • Co-Authorship: States are not merely victims of globalization; they are its creators. Global
institutions exist only because states agree to support them.
C. Digital and Informational Sovereignty • Conclusion: Globalization has transformed sovereignty from a rigid legal concept into a dynamic
political practice. The successful modern state is one that learns to govern through global networks
• The Borderless Internet: Information travels without physical barriers. While some states attempt rather than against them.
censorship (e.g., China's "Great Firewall"), total control is nearly impossible.
• Algorithmic Influence: Social media platforms owned by foreign corporations can shape public
opinion and influence election outcomes, penetrating domestic processes that were once under
strict state control. Analogy for Understanding "Adaptive Sovereignty": Think of the modern state like a Homeowner in
a Condominium Complex (HOA).
IV. The Resilient State: Areas of Persistent Authority
• Westphalian Sovereignty was like living in a cabin in the woods. You had total freedom to paint
Despite these pressures, the state has not vanished. It remains the only entity capable of certain essential your house neon pink or burn trash in the yard, but you had no support if a fire started or a bear
functions. attacked.
• Adaptive Sovereignty (Globalization) is living in a Condo. You legally own your unit (Territory),
1. Security and Monopoly on Force but you agree to follow shared rules (International Law/Treaties) regarding noise and maintenance.
• The Trade-off: You lose the freedom to paint your door neon pink (Erosion of Autonomy), but
• The state retains the ultimate authority over the legitimate use of force, border control, and counter- you gain shared security, access to the gym, and higher property value (Economic/Security
terrorism. Benefits).
• Example: Visa policies and border patrols remain under strict national control, proving that states • The Verdict: You haven't lost your ownership; you have just exchanged absolute freedom for
still decide "who gets in". cooperative security. You are still the owner, but you are now a "Strategic Manager" of your property
within a larger system.
2. Cultural Sovereignty

• Globalization has triggered a backlash in the form of nationalism. States actively promote local
culture (e.g., France protecting its film industry) to resist global homogenization.
• This proves that the "political community" defined by the state remains the primary source of
identity for citizens.
The UN Security Council Veto Power — Origins,
3. Adaptive Sovereignty (The Strategic Manager)
Impact, and Reform
• States act as "Strategic Managers." They use globalization to their advantage.
• Sovereign Wealth Funds: Countries like Singapore and Norway use state-owned funds to invest Course: Public International Law / International Organizations Source Material: Baunto, A. S. (2025). Veto-
globally, strengthening their domestic economy through international markets. Power-Pros-and-Cons-Report-by-Aljunaid-S.-[Link].
• Treaty Participation: Joining the Paris Climate Agreement is not a "loss" of sovereignty, but a
strategic choice to gain access to technology and funding.

V. Synthesis: The Dialectical Relationship I. Introduction: The Core Mechanism

The relationship between globalization and sovereignty is dialectical, meaning it is a continuous process The veto power is perhaps the most defining and controversial feature of the United Nations Security
of tension and adjustment. Council (UNSC).

27
 • Definition: The ability of the five permanent members (P5)—China, France, Russia, the United 3. Democratic Deficit: The P5 structure reflects the 1945 power balance, not the 21st-century reality.
Kingdom, and the United States—to block any "non-procedural" resolution by casting a negative It creates a class of "superior" states, violating the principle of sovereign equality.
vote.
• Legal Basis: Established under Article 27(3) of the UN Charter. It stipulates that decisions on non- IV. Case Studies in Paralysis
procedural matters require nine affirmative votes, "including the concurring votes of the permanent
members". The research highlights specific conflicts where the veto prevented effective international action:
• Scope: It applies to all binding decisions, including sanctions, peacekeeping operations, and the
selection of the Secretary-General. Crucially, an abstention or absence does not count as a veto; • Syria: Russia (often with China) has vetoed resolutions at least 12 times to protect its ally, the Syrian
only a direct negative vote does. government. These vetoes blocked chemical weapons investigations and ICC referrals. In one
instance, a chemical attack killed 80 people just a month after a Russian veto halted UN action.
II. Historical Context: A Political Compromise • Israel-Palestine: The United States has used its veto over 40 times to shield Israel, blocking
resolutions regarding ceasefires, illegal settlements, and statehood recognition.
The veto was not designed based on principles of equality, but rather on political necessity following World • Ukraine: Russia blocked resolutions regarding its own actions in Ukraine, including investigations
War II. into the downing of flight MH17 and the status of Crimea.
• The "Hidden" Veto: The threat of a veto often prevents resolutions from even being drafted. For
• The Rationale: It was a prerequisite for the major powers (specifically the US and USSR) to join the example, the Rohingya genocide in Myanmar was kept off the agenda due to anticipated vetoes
UN. The founders wanted to avoid the failure of the League of Nations, which lacked enforcement from China and Russia.
power and failed to secure US participation.
• Sovereignty: The P5 refused to join an organization that could dictate their external decisions or V. Legal and Moral Critiques
interfere in domestic affairs. The veto ensured they retained "every attribute of independence".
• Shift in Ideals: Early discussions of a federalist UN with a legislature were abandoned for what was The veto is not just politically problematic; it may be legally contradictory.
"politically feasible," resulting in a system ostensibly based on "sovereign equality" but operationally
controlled by the P5. • Charter Contradictions:
o Article 24: Mandates "prompt and effective action" for peace. The veto frequently causes
III. The Pros and Cons: A Dual Analysis inaction.
o Article 2(1): Establishes "sovereign equality," which the privileged status of the P5 inherently
The research presents the veto as a mechanism with both stabilizing benefits and paralyzing drawbacks. violates.
• Genocide Convention & Jus Cogens: Article 1 of the Genocide Convention obligates states to
A. Arguments for the Veto (Pros) prevent genocide. Vetoing action against mass atrocities may constitute a breach of this treaty and
a violation of peremptory norms (jus cogens).
1. Prevents Unilateral Dominance: It serves as a check against any single power dominating the
global agenda. VI. Reform Efforts and the Future
2. Promotes Consensus: Paradoxically, the threat of a veto forces major powers to negotiate and find
common ground before a resolution is passed. Reform is widely demanded but structurally blocked.
3. Ensures Participation: Without the veto, major military powers might withdraw from the UN system
entirely. It was the price paid to ensure the US Senate ratified the Charter. • The Obstacle: Any amendment to the UN Charter requires P5 ratification. Essentially, the P5 have a
veto over removing the veto.
B. Arguments Against the Veto (Cons) • Proposed Initiatives:
1. Voluntary Restraint (France-Mexico): A "soft law" approach where P5 members agree not
1. Paralysis: It renders the UNSC "dysfunctional" during major crises. A single state can overturn the to use the veto in cases of mass atrocities.
will of the majority, leaving the UN "helpless" in the face of conflict. 2. Liechtenstein Proposal: A formal requirement to justify veto use to the General Assembly.
2. Shielding Abuse: P5 members routinely use the veto to protect their own interests or those of their 3. Expansion: Adding permanent members (e.g., the G4: Germany, India, Brazil, Japan) to
allies, effectively exempting themselves from international rules. balance the council, though some fear this would only increase deadlock.

28
 • The "Uniting for Peace" Alternative: When the UNSC is deadlocked, the General Assembly can
use Resolution 377 to convene emergency sessions. While its resolutions are non-binding, they carry
significant moral weight and political pressure.

VII. Conclusion

The veto power creates a "dictatorship of the minority" within the UN. While it successfully prevented the
UN from collapsing like the League of Nations, it has compromised the organization's moral authority. The
UN's future relevance depends on resolving the tension between the "sovereign impunity" of the P5 and
the imperative of collective global security.

Analogy for Understanding the Veto: Think of the UN Security Council as a Homeowners Association
(HOA) board for a neighborhood (the World).

• The Board: There are 15 members voting on rules (Sanctions/Peacekeeping).

• The P5: Five of the wealthiest homeowners (US, Russia, China, UK, France) are permanent board
members.
• The Veto: These five have a "Golden Key." Even if 14 out of 15 members vote to put out a fire in a
specific house, one Golden Key holder can say "No," and the fire trucks are legally forbidden from
leaving the station.
• The Consequence: The neighborhood stays together because the rich homeowners agree to stay
on the board only if they have this key. However, if one of the rich homeowners (or their best friend)
sets a fire, the HOA is powerless to stop it.

29