A/HRC/37/63
10.
Major global challenges that should be studied from the international order
perspective include achieving the Sustainable Development Goals and the 2030 Agenda for
Sustainable Development, universal peacekeeping and the role of the United Nations
peacekeeping missions, the growing impact of globalization on the enjoyment of human
rights, the consequences of climate change, cultural imperialism, economic neocolonialism,
commodities speculation, vulture funds, and the unregulated activities of credit-rating
agencies and media conglomerates. It would also be important to explore how the great
world religions and non-denominational humanist and ethical unions could proactively
advance a more peaceful, more democratic and more equitable international order.
Moreover, the mandate holder might also explore the role of peoples’ tribunals in ending
impunity and helping to break the blackout on war crimes by the powerful. The mandate
would also benefit from additional country visits, although it remains largely
epistemological and primarily entails the creation and interpretation of norms with a view
to formulating pragmatic recommendations.
11.
A democratic and equitable international order is one in which the Charter of the
United Nations is recognized as the world constitution, and the International Court of
Justice operates as the world constitutional court, with due deference to the Charter’s
“supremacy clause”. 9 Hitherto, the advisory competence of the Court has been
underutilized and the enforcement of its advisory opinions has been particularly
disappointing. It is imperative for the credibility of the Court and the United Nations itself
that States undertake to respect General Assembly resolutions as well as the Court’s
judgments and advisory opinions. Pursuant to the doctrine of “implied powers”, the Court
should also exercise the competence to issue advisory opinions motu proprio. Similarly, the
Secretary-General should be given the competence to ask the Court to issue advisory
opinions on legal issues requiring an authoritative judicial resolution.
12.
A democratic and equitable international order necessarily functions on the basis of
multilateralism and international solidarity. It aims at promoting a culture of peace and
dialogue among nations and peoples, fully respecting the sovereignty of States and ensuring
that civil society in all countries has ample space to express itself and to enjoy its individual
and collective rights and pursue its traditions, culture and identity. It bears repeating that a
democratic and equitable international order is one in which peoples and nations enjoy
equitable representation, not only in the General Assembly, but also in regional and
international financial institutions, in which they can exercise their right of selfdetermination, in which the right to peace is recognized in its individual and collective
dimensions and in which unilateral coercive measures are prohibited.
13.
As the Heads of State and Government at the World Summit in September 2005
reaffirmed, democracy is a universal value based on the freely expressed will of people to
determine their political, economic, social and cultural systems and their full participation
in all aspects of their lives. They also stressed in the outcome document that democracy,
development and respect for human rights and fundamental freedoms were interdependent
and mutually reinforcing, and pointed out that, while democracies shared common features,
there was no single model of democracy.
II. Principles of international order
14.
The reports of the Independent Expert have been guided by numerous General
Assembly resolutions, notably resolutions 2625 (XXV) and 3314 (XXIX), which, together
with the Charter, propound a vision of a democratic and equitable international order.
Based on the work of the mandate holder, the following should be generally recognized as
principles of international order:
9
Consensus in World Affairs (Abingdon, Routledge, 2011); and Holly Sklar (ed.), Trilateralism: The
Trilateral Commission and Elite Planning for World Management (Boston, South End Press, 1980).
This provides that the Charter should prevail in the event of a conflict between the obligations of
States as United Nations members and their obligations under other international agreements (Charter,
Article 103).
5
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