Closing Remarks

Dear All,

Thank you for your papers and comments on your colleagues' papers. As of today, my comments on all of your papers have been published. Please, take a look by clicking on the 'comment' sign underneath each paper and, once there, look under my name to see the comment.

Enjoy the break,

Stan

My Criticism on Final Essay

Criticism of UN agencies reform
There is no specifying target. There are many agencies that you suggest to reform. Thus, it makes your topic unclear because you don’t explain much on one specific agency.
You suggest UNEP to put sanction to countries which harm the environment. However, UNEP is just the agencies; it doesn’t have much power to do so. Since you don’t mention about the membership of this agencies, I also don’t know how many states are the member of this agency and how much power of this agency in dealing with the sanction. Therefore, it is better to strengthen this agencies power first before putting the sanction to other states.
In conclusion, you mention about “Lords of Poverty”, a name of a book, but you don’t mention about what this book focus on. Thus, I have no idea about what you what me to know.
Some agencies are overlapping each other such as UNINSTRAW and UNIFEM, or UNRISD and UNESCO. You said that it waste time and money to establish it. So, it is good to eliminate it, but you said that elimination is difficult. However, you didn’t explain why it is difficult to eliminate the agency. You use the suggestion to some scholar to compound these agencies into one in order to save the money. It is the good idea but it doesn’t save much money, so why don’t you find the way to eliminate it.

Criticism of World Food Program
WFP provides food aid to farmer who practices soil conservation by planting trees; it is useful strategy to fight hunger? There is no explanation about how to do it in detail.
There is no explanation about Food for Lunch program. I have no idea about what is it and how it would support and encourage the child to go to school and avoid of quit the school.
To buy the local food is good idea, but if the country face with natural disaster how can they produce and sell to WFP. Moreover, if the local food has higher price than other countries, it is not a good way to buy expensive product.
The body of the topic is too long compare to the part of suggestion and reform. I think we just put what related to the idea of reform rather than put the general informant about the WFP.

Criticism of UN Trusteeship Council
Impossibility and inefficiency of Trusteeship Council is the good reason to remove the Trusteeship Council, but overlapping with other agencies is not the reason. Trusteeship Council is the one of six organs of UN. Compare to other agencies, it is bigger than other agencies. If we want to remove one of them because of overlapping, why we remove the big one but not the small one since removing the small one is easier since it has small structure.
Are there any differences of putting Trusteeship Council under the Security Council? As you mention, since the Charter state that Trusteeship council need Security Council in order to perform its function, putting or not putting Trusteeship Council under the Security Council is the same thing. It is just different of title from organ to agency. Moreover, why do you want to convert Trusteeship Council into the agency under Security Council since it doesn’t have the job to function (no more trust territories)?
You also want the new Trusteeship Council which placed under the supervision of the Security Council should deal with any new problem occurring in the future. However, if there is the new problems which don’t related to the Trusteeship Council field, how it’s going to solve the problem. Therefore, we still need to create another agency to deal with the problems. Since we need to create the new one, there is no need to keep Trusteeship Council which doesn’t work with new problems.

Criticism of ILO reform
In reform on ILO part, you suggest that ILO should reform on labor law nationally. I don’t understand you mean. Why you want to reform and how to reform it.
You also suggest ILO to punish the employers who violate the labor law by making law. This idea doesn’t useful to protect the employee. ILO doesn’t have direct enforcement to the employers. What ILO has just the indirect enforcement such as influence government to protect the employee? Moreover, the job to making law to punish the employers is the job of government. For example, Cambodia has the Labor Law to protect the employee. Thus, there is no need for ILO to make law. What ILO should do is to influence the government to protect the employer by implements the Labor Law.
You said Cambodian government did not put any effort to reduce the poverty. Where do you get this information? As I know Cambodian government has the rectangle strategies which include the policy to fight against poverty.

Criticism of UN Security Council reform
One suggestion of override the veto power is to increase the proportion of voting. You said if there is a veto vote then the proportion of 9 out 15 will increase to 11 out of 15 (2 more votes needed). If there are 2 veto votes then the proportion will increase to 14 out of 15 (3 more extra votes needed). It is reasonable to increase to 11 out of 15, but increase to 14 out of 15 is unreasonable. If there are 2 veto votes, there are only 13 votes which left. Thus, how can you get 14 votes? It is reasonable if you increase to 13 out of 15 if there are 2 veto votes.
Other point is about the majority of P5. As you said if there are 3 veto votes than Security Council can not override the veto votes because 3 veto votes is a majority within the P5. If you use the principle of democracy, it is good reason. However, why don’t you consider about the majority of non-permanent member. The majority of P5 don’t represent the majority of Security Council. If all members of non-permanent member plus 2 of the P5 agree, it seems they are the majority of the Security Council (if 2 votes of non-permanent member equal one vote of P5). Thus, we still override the veto power.
Another voting procedure is a mechanism whereby Security Council members could call for a paragraph by paragraph vote on resolutions. By doing this, the whole resolution won’t get stuck because of the veto. Members of the UNSC could vote affirmatively on paragraph that they like and veto part that they don’t like. However, if the resolution contains one clause of one paragraph, how to pass the resolution if there is the veto vote. Moreover, if they agree of one paragraph and disagree on one paragraph, how can we issue the resolution which can implement only half to it? If the resolution has related clauses of paragraphs, disagreement of one clause or paragraph will make the whole resolution get struck.
As you suggestion, if we can override the veto power, it is unnecessary to increase the member of Security Council.

COMMENTS ON CLASSMATES' WORK

COMMENTS ON RATTANA’S WORK

I also agree with you that the other two agencies: United Nations Democracy Fund (UNDEF) and United Nations Environment Program (UNEP) should be promoted to be more famous since they have actively played roles in the present world, but in contrast, they have not been promoted to be known like other UN agencies like the World Bank, the IMF, and so on. But the problem is that how can they be more successful and through which the UNEP has more power to make decision of placing sanction to the countries that do not have strong commitment or lack of responsibility of producing air pollution to the world environment as you mentioned?

COMMENTS ON MARDY’S WORK
I have read your part as a whole and I found out that you have given us an account of detailed and interesting history about World Food Program, but I think that you had better put foot note after each essential and quoted information because footnote gives more specific information, in which the information is involved. As for the bibliography, it does not express as detailed and specific information as footnote or end note do. Apparently, we do need both.

COMMENTS ON LY’S WORK
Well, I disagree with Bingbin Lu as well. I have compatible viewpoints as yours. Since having no compulsory jurisdiction, the court hardly performs well and effectively. Additionally, the law is supposed to be created or UN Charter ought to be amended in order to separate the power of the court and security council because the security council has too much power on the court, making it not an independent body.

COMMENTS ON DARA’S WORK
Your writing is a bit short but it makes enough sense. That is why I do not have so many opposing ideas, only saying it would be much better if you added more sources and expanded your writing. In addition, I also expect that the Cambodian government would cooperate more with other NGOs agencies, especially ILO to improve working conditions and unemployment for all Cambodian improvement and development.

COMMENTS ON VICHET’S WORK
Oh, there are many scholars sharing different interesting points of view about the voting procedure. For me, I am not different from them, but the one I think is likely to occur is the suggestion for the P.5 to use their veto vote collectively meaning that veto any resolution need more than one veto vote so that the power of each member of the P.5 would be diminished. And the other recommendation of the voting dismantling the veto power is unlikely to take place as I do not expect the P.5 would make an amendment to the charter to totally abolish their veto power. As a consequence, if the above-mentioned voting will not be possible, the old system of voting is still keeping the same- just like everything is again in the hand of the P.5.

Dear Teacher and all!

Dear Teacher!
I already comment on my classmates.....
Thank you very much for your comment..
Teacher I want to ask you for permission on Tuesday Feb 5, 2008
Because i have to go to the province by that day....
Thank you for your kindness

Happy Chinese Year to Teacher and all............
Good luck

Pannasastra University of Cambodia Faculty of Law and Public Affairs (FALPA)
Major: Law
Course: United Nations
Student: Vandy Rattana
Prof: Stan Starygin
Academic Year: 2008 - 2009
____________________

Methodology
For the output of this term paper I have chose some sources for the reference, Such as websites and some news items. They are:
- http://www.un.org/

-UN INBRIEF:http://www.un.org/Overview/uninbrief/betterplace.html

- CCC: http://www.ccc-cambodia.org

- IMF: www.imf.org

- The World Bank: www.worldbank.org

- International Herald Tribune: http://www.iht.com/articles/2007/10/22/business/bank.php -Global Policy Forum: http://www.globalpolicy.org/socecon/bwi-wto/wbank/bwi00-1.htm

-UNDEF: http://www.un.org/democracyfund/XWWhatisUNDEF.htm

-UNEP: http://www.unep.org/Documents.Multilingual/Default.asp?DocumentID=43 __________________

Contents

I- Introduction

II- Overlapped Agencies

III- Agencies that should be reformed

IV- Agencies that should gain importance

V- Conclusion
____________________

I- Introduction
“The UN is working to make the world a better place”[1] There are many agencies in United Nations system. The ones that are well-known through newspapers, on TV or on other media are UNICEF (United Nations Children’s Fund), UNDP (United Nations Development Programme), UNFPA (United Nations Population Fund), ILO (International Labour, FAO (Food and Agriculture Organization of the United Nations), UNESCO (United Nations Educational, Scientific and Cultural Organization), WHO (World Health Organization), World Bank Group, IMF (International Monetary Fund) and WTO (World Trade Organization). And there are many other agencies that may overlap each other or are superficial, needing a reform or elimination. Some other agencies, on the contrary, deal with important topics, like environment, but they do not have enough power to make significant progresses in that field. In this paper, I will try to propose a reform of the UN agencies.

II- Overlapped Agencies

Some UN agencies are overlapping each other, such as UN-INSTRAW (United Nations International research and training institute for the advancement of WOMEN) and UNIFEM (United Nations development fund for WOMEN). The roles of UNRISD (UN research institute for social development) may also overlap with UNESCO (UN educational, scientific and cultural organization). The general missions of UNHCR may overlap with the specific UNRWA (UN relief and works agency for Palestine refugees in the near east). The United Nations has produced and keeps producing a lot of agencies, that some of them overlap each other. This problem may sometimes lead to a loss of time and especially a loss of money. Should some of those overlapping agencies being eliminated? It would be a suggestion, but it might be difficult to close agencies, except if the UN decides not to give them funding anymore. Mr. Men Kimseng, Communications Analyst to UNDP in Phnom Penh, said by telephone that it would be a good deal if the United Nations in Cambodia was able to build a compound to gather all its agencies. It would therefore be very easy for all the organizations to work, to coordinate their work, for example, they can communicate better. Moreover, it would be a substantial saving of money (for the rental fee). But he could not confirm that in the future, the UN agencies will be all at the same place, it is only a rumor. In Cambodia, according to the secretariat of the Cooperation Committee for Cambodia (CCC) [2], interviewed on Wednesday 23 January, there are 500 local and 160 international non-governmental organizations who have already registered for a membership. According to the Ministry of Interior of Cambodia, there are about 3000 Local and International non-governmental organizations in Cambodia.

III- Agencies that should be reformed

Two of UN well-known related organizations are the International Monetary Fund (IMF) and the World Bank (WB). 1- The International Monetary Fund The IMF[3] was established after World War Two at Bretton Woods. Its first goal was to promote international monetary cooperation in order to guarantee the exchange rates stability. However today, as the exchange rates have been liberalized, the role of the IMF focuses more on trying to help the countries after financial crisis (for example in Thailand in 1997). In the recent years, more and more countries criticize the IMF and WB, especially developing countries. They claim that the IMF has not played his job very well because it could not prevent the Asian financial crisis of 1997. After the crisis, the countries which chose to get help from IMF had to open more and more their economy and reduce their deficits, according to the conditions of the IMF, and it sometimes create difficult economic the situation; for instance, the World Bank and IMF trying to formulate countries policies – trade liberalization. 2- The World Bank Since the establishment 1944, the World Bank[4] has widen its size from a bank which facilitated post-World War Two reconstruction in Europe to an international cooperation body, dealing mainly on reducing poverty, debt relief and on promoting good governance The World Bank has also recently lost a lot of its credibility to the eyes of some developing countries. It was written in the Cambodia Daily that its president until 2007, Paul Wolfowitz was blamed for corruption (related to the employment of his wife) at the same time that he was declaring that some programs funded by the WB in Cambodia should be stopped because the Cambodian side was corrupted. After all, Paul Wolfowitz resigned. Those criticisms on the IMF and the World Bank led seven Latin American countries (Argentina, Brazil, Bolivia, Ecuador, Paraguay, Uruguay and Venezuela) to create their own collective bank in January 2008, has announced the AFP. [5]The institution is called Banco del Sur (Bank of the South) and has up to $7 billion capital. At the same time president Chavez of Venezuela also mentions that this bank “would be run by Latin Americans for Latin America.” The creation of this new bank is a proof of the failure of the WB, and may give incentive to this organization to reform itself in order to be more efficient. With the World Bank and IMF, I personally to have a recommendation to reform the two institutions. The World Bank and IMF should limit its legitimacy on putting condition or policy or new regulations that may abuse countries’ sovereignty as those countries need their helps. For instance, according to the [6]Global Policy Forum, [7] “with hunger and unemployment rampant in Haiti, international lenders, including the World Bank and the International Monetary Fund, pressured President Jean-Bertrand Aristide in 1995 to adopt to what Haitians called ''the death plan.'' In the proposal, the World Bank and IMF urged Haiti to integrate its economy into global economy by privatizing rice, sugar, and cement production and dropping tariffs on import that may cause a problem to domestic production (….)” As there are tremendous criticism on the World Bank and IMF, these two big institutions are making some of the countries particularly in Asia more dependent.

IV- Agencies that should gain importance

United Nations Democracy Fun (UNDEF) and United Nations Environment Programme Myanmar has been running for so long in the process to democracy. There is little significant change by the UN to push Myanmar to another level of democracy. There are also many countries trying to reach a standard democracy. Not too well-known or seen much on the media – while Security Council or World Bank or IMF is very popular – United Nations Democracy Fund (UNDEF) is one of other agencies. [8]The main purpose of this institution is help democratization throughout the world. UNDEF will finance projects that build and strengthen democratic institutions, promote human rights, and ensure the participation of all groups in democratic processes. As the world believes that, the democracy is only the system that can prevent society drought and can also encourage civil rights. By its importance which can assure the basic living before reaching advanced living, United Nations Democracy Fund (UNDEF) should be brought to the front row and pushed more activities to democratic developing countries. There should be a wide expansion of UNDEF offices and also libraries for many people that easily access to the understanding of democracy. The global warming, tree logging, environmental pollution have now become now the hot issue which it has to talk about world environment care. [9]UNEP is doing assessing global, regional and national environmental conditions and trends, developing international agreements and national environment instruments, strengthening institutions for the wise management of the environment, integrating economic development and environmental protection, facilitating the transfer of knowledge and technology for sustainable development, and encouraging new partnership and mind-sets within civil society and the private sector. However, like UNDEF, UNEP is not gaining much attention by the world society concerning environmental issue. Since I count it as an important agency “to make the world a better place” as the UN has stated, I have a very strong personal view to make these two very important institutions more affective. UNEP should have a power of making decision of putting sanction to those countries that don’t have strong commitment or lack of responsibility of producing harms to world environment. Most importantly, UNEP should grass root the understanding about the importance of environment that how it affects the economical aspect and everyday life in not only universities but also primary schools.

V- Conclusion

“The UN is working to make the world a better place”[10] A better place, I personally mean, it is not a better place if the legitimacy some of the United Nations agencies does not have the boundary for the need-help countries. As there are lot of things to see in the book called “Lords of Poverty” by GRAHAM HANCOOK.

__________________

BIBLIOGRAPHY
Internet Sources and News Items:

[1] UN IN BRIEF: http://www.un.org/Overview/uninbrief/betterplace.html
[2] www.ccc-cambodia.org
[3] Website of the IMF : www.imf.org
[4] Website of the World Bank : www.worldbank.org

[5]International Herald Tribune:

http://www.iht.com/articles/2007/10/22/business/bank.php
[6] Global Policy Forum monitors policy making at the United Nations,promotes accountability of global decisions, educates and mobilizes for global citizen participation,and advocates on vital issues of international peace and justice.

[7] Global Policy Forum: http://www.globalpolicy.org/socecon/bwi wto/wbank/bwi001.htm
[8] www.un.org/democracyfund/XWWhatisUNDEF.htm
[9] UNEP: http://www.unep.org/Documents.Multilingual/Default.asp?DocumentID=43
[10] UN IN BRIEF: http://www.un.org/Overview/uninbrief/betterplace.html

Missing Paper

Ratanak,

Why do I still not see your paper? Wherever it is, copy it from there and paste it into the body of the blog alongside everyone else's papers.

Thank you,

Stan

Reminder

Dear All,

This is just to remind everyone that the deadline for submission of comments is February, 5.

Stan

World Food Program

UNITED NATIONS, WORLD FOOD PROGRAM

PANNASASTRA UNIVERSITY OF CAMBODIA

Faculty of Social Sciences and International Relations

Major: International Relations

Course: United Nations Systems

Lecturer: Professor Stan Starygin

Student’s Name: LY OnzeMardy

Academic Year: 2008 – 2009



METHODOLOGY

In most of the article that I have done, most of the source I got from the internet, with the UN website (www.un.org) and WFP website (http://wfp.org), also from the Google search machine that contains some article about the UN especially the WFP as well as the other’s criticism about its activities. The other one is article talks about the “WFP First Regular Session, A decade of Change: Renewal and Transformation of the World Food Programmes 1992-2002, Rome 11-14 February, 2002” held in ROME on the 11-14 February 2002. The topic is about “Organizational and Procedural Matters”. This article contain some important area that focus and talks about the procedure in the organization, the planning process and especially the reforming or challenge for change in their work.




The World Food Program (WFP) OUTLINE


Content

I. Introduction

II. Body
a. WFP Overview and History
b. About the Organization itself
c. Goals and Strategies
d. Mission Statement
i. What is WFP’s mission?
ii. What are the Causes of Hunger?
iii. Who are the Hungry?
iv. Who do WFP help?
v. Where?
vi. How WFP works to stop Hunger?

e. Funding
i. Government
ii. Corporation
iii. Individual
f. WFP’s partners
i. With National Government
ii. UN agencies
iii. Corporate Partners
g. Grassroots efforts

III. The Reforming and Suggestion of WFP

IV. Conclusion

V. Reference




I. Introduction

The WFP (World Food Program) is the United Nation Specialized Agencies for food aid that established in the goal to fight with hunger all around the world, with established in the 1961 at the Food and Agricultural Organization (FAO) conference. The organization focuses on the 3 core strategies behind its activities, according to its mission statement. These are to provide food aid to save lives in refugee and other emergency situations; to improve the nutrition and quality of life of the most vulnerable people at the critical times in the lives; and help build assets and promote the self-reliance of poor people and communities, particularly through labor-intensive works programmes. Through this, WFP strives to eradicate hunger and malnutrition with the ultimate goal in mind of eliminating the need for food aid itself. The WFP operates within the six regional areas, in 82 countries around the world, there are 100 relief operations in 73 countries, 27 development projects and 35 country programmes in 49 countries. WFP’s budgets for its operations are funded by donation from the world government, corporations and private donors. In 2006, the programme received 2.9 billion in contribution. These donations are all completely voluntarily. The WFP’s objective is to eradicate hunger and malnutrition.


II. Body

a. WFP overview and history

The WFP, the world’s largest humanitarian agency provides foods on average, each year, to 90 millions people in 80 countries, including 58 million children. From its Headquarters in Rome and more than 80 country offices around the world, WFP works to help people who are unable to produce or obtain enough food for themselves and their families.

The WFP was first conceived at the 1961 FAO conference, when Gorge McGovern, director of the U.S Food for Peace Programmes, proposed establishing a multilateral food aid programme. WFP was formally established in 1963 by the FAO and the UN General Assembly on a three-year experimental basis. In 1965, the programme was extended to a continuing basis.

b. About the Organization itself

The WFP is governed by the WFP Executive Board which consists of 36 member states. Josette Sheeran is the current Executive Director, appointed jointly by the UN Secretary General and the Director-General of the FAO for a five-year term. She heads the secretariat of WFP.

+ WFP has a staff of 10587 people (2006) with 92% operating in the field.
+ (2007) 10520 had contracts of one year or longer à 9687 in the field, 833 at Rome headquarter.

c. Goals and Strategies

WFP strives to eradicate hunger and malnutrition, with the ultimate goal in mind of eliminating the need for food aid itself.

- The core strategies behind WFP activities, according to its mission statement are to provide food aid to:
1. Save lives in refugee and other emergency situations
2. Improve the nutrition and quality of life of the most vulnerable people atcritical times in their lives.
3. Enable development
a. helping people build assets that benefits them directly
b. promoting the self-reliance of poor people and community, particularly through labor-intensive works programmes.
WFP food aid is also directed to fight micronutrient difficulties, reduce child mortality, improve maternal health, and combat disease, including HIV/AIDS. Food-for-work programmes help promote environmental and economic stability and agricultural production.

d. Mission Statement

The 1994, WFP became the first United Nations organization to adopt a mission statement. It is the foundation on which we build our policy, defining the who, what, where and how of our “mission” to eradicate global hunger and poverty.

1. What is WFP mission?

The WFP is the food aid programme of the UN. The WFP uses its food to:
+ meet emergency needs
+ Support economic and social development

The agency also provides the logistics support necessary to get food aid to the right people at the right time and the right places.

WFP works to put hunger at the centre of the international agenda, promoting policies, strategies and operations that directly benefit the poor and hunger.

2. What are the Cause of Hunger?

For this part, according to the WFP, they define the matter of causing Hunger mostly because of some factors such as: Nature, War, Poverty Trap, Agricultural Infrastructure, and Over-Exploitation of Environment.

3. Who are the Hungry?

Rural Risk, Child Hunger and Women are the main concerning of most of the WFP’s works. Firstly, about “Rural Risk” there are three-quarters of all hungry people live in rural areas, mainly in the villages of Asia and Africa. Most of them dependent on the agriculture for their food, they all have no alternative source of income or employment and as a result, are particularly vulnerable to crises. Many of them migrate to cities in their search for employment. Second, “Child Hunger”, as according to the FAO, every year Hunger continued at present levels costs five million children to die, many of children drop or quit school because of the need in the farm or workforce. Finally, “Women”, for WFP they stated that women are the world’s primary food producers, yet cultural traditions and social structures often mean women are much more affected by hunger and poverty than man. For them they eat least and last.

4. Who do WFP help?

+ Victims of natural disasters like the 2006 East Africa drought, the Pakistan earthquake and hurricane Stan in 2005, the Tsunami disaster and Bangladesh floods in 2004, the Iran earthquake in 2003 or hurricane Mitch, which affected on million people in Honduras, Nicaragua, El Salvador and Guatemala in October 1998.
+ Displaced People: Both refugees and internally displaced persons to leave towns and villages in places like Darfur, the Democratic Republic of Congo and Colombia.
+ The World’s Hunger People: Trapped in a twilight zone between poverty and malnutrition.
+ WFP also believes that women: are the first solution to hunger and poverty. Women not only cook food, the sow, reap and harvest it. Yet in many developing countries, they eat last and least.
5. Where?

WFP is the world’s largest international food aid organization combating hunger in the underdeveloped nations with severe food shortage. The frontline stretches from Sub-Saharan Africa and the Middle East to Latin America and Asia and the Pacific.

*. Food distributed to 97 million of the poorest people in the world.
+ 24 million people in development programmes
+ 35 million beneficiaries in emergency operations
+ 38 million people in rehabilitation operations

+ Operations in 82 countries around the world:
100 relief operations in 73 countries
27 development projects and 35 countries programmes in 49 countries.

*. On the 3rd of this month, even in Cambodia, WFP has celebrated the walk the world at the river side.

6. How WFP Work to stop Hunger?

Even though there is more than enough food in the world to feed the world’s 6.4 billion people, the poor do not have the money to buy it or the means to produce it. Food can be the cycle of poverty. WFP’s innovative projects, which play an integral party in relief and rehabilitation and development operations, allow the week and poor, including people made homeless by natural disasters, returning refuges, HIV/AIDS orphans and jobless mothers, to stop worrying about their next meal and build a sustainable future.

There is more than enough food to feed the world’s population, so WFP is not resigned to hunger. Food assistance can break the cycle of poverty and hunger.

*WFP’s Project to Fight Hunger
Rescue: WFP stands on a permanent state of a alert, ready to mobilize food aid for delivering to natural and man-made disaster areas.
Rapid Reaction: WFP’s rapid response team draws-up contingency plans designed to move food and humanitarian aid fast into disaster areas.

WFP works closely with the other members of the UN family, governments and NGOs, offering its logistics expertise to guarantee the delivery of all kinds of humanitarian aid.
Rehabilitation: WFP food aid also serves as a mean to get disaster-affected regions back on their feed.
Deterrence: Malnutrition gnaws away at the most valuable asset in any country’s development: its children and its workers. Food aid is one of the most effective deterrents against long-term poverty.

¬For nearly 40 years, WFP has provided Free School Lunches as an incentive for the children of poor families to go to school. In addition to free lunches, WFP’s take-home rations help convince parents to send their children to class.

For WFP, it is important that after the conclusion of these projects, people can secure food through their own efforts. Hunger must never threaten again.

e. Funding

- How the WFP got money and fund,
- When talking about funding. WFP operations are funded by donation from world government corporations and private donors. All donations are completely voluntary. That means WFP relies entirely on voluntary contributions to finance its humanitarian and development projects. All donations are made either as cash, food such as flour, beans, oil, salt, and sugar, or the basic items necessary to grow, store and cook, food-kitchen utensils, agricultural tools and warehouses. Since WFP has no independent source of funds, all donations either in cash or in-kind must be accompanied by the cash needed to move, manage and monitor WFP food aid

1. Government

Governments are the principal source of funding for WFP; the organization receives no clues or portions of the UN assessed contributions.
On the average, over 60 governments underwrite the humanitarian and development projects of WFP. All of the Government support is on an entirely voluntary basis.

2. Corporation

Through corporate-giving programmes, individual companies can make a vital contribution to fighting hunger.
Corporate donations of cash, product or services can help free up scarce resources to help WFP feed more hungry people.
In turn, corporations engage their employees, customers and other stakeholders in a vital, life-saving mission.
For the recent donations from private and not-for-profit entities have included frontline support to several emergency operations; expertise to enhance WFP’s logistics and fundraising capacities and critical cash for school feeding.

3. Individual

Individuals can make a difference in the lives of the hungry. A personal donation can provide:

- special food for hungry children in nurseries
- Food incentives to encourage poor families to send their girls to school
- Food as payment for people to rebuild schools, roads and other infrastructure in the wake of conflicts and natural disasters

f. The WFP’s Partner: WFP cannot fight global hunger and poverty alone. For WFP co-ordination and co-operation with national governments, the rest of the UN system and NGO’s is essential- both in emergencies and development project.

1. WFP and National Governments

Governments are WFP’s principal partners. The Agency consults with national and local authorities at every stage of the planning process.

The programme may provide the food aid itself and, in some case, the technical and logistical expertise, but its projects always require the full support and involvement of individual governments. Ultimately, it is the national government who must request WFP’s intervention in emergencies or development projects, so the programmes work must fit into the national picture.

In most cases, however, governments will consult WFP country offices before drawing up disaster prevention plans or making a request for development aid.
For its part, WFP takes measures to ensure that once its own contribution to a project is phased out, the national government will make every effort to pursue the project’s objective.
Only in exceptional circumstance, such as a complex crisis when national authorities may have lost control of their territory, can WFP provide assistance without an invitation from the government and only then at the special request of the UN secretary general.

+ List of some governments partnering with WFP
- DFID: The UK government’s department for international development works to promote sustainable development and eliminate world poverty.
- ECHO: The European Union’s Humanitarian Aid office is one of the biggest sources of humanitarian aid in the work, providing more than €221.4 million in 2006. ECHO’s funding, taken together with the aid allocated by EU member states separately, makes the European Union the largest donor of aid in the world.
- EUROPEAID: Europe Aid’s mission is to implement the external aid instruments of the European Commission whci are funded by the EC budget and the European Development fund. The office is responsible for all phases of the project cycle which ensures programmes established by the Directorates General for External Relations a Development and approved by the commission.
- USAID: The United States agency for international development provides economic and humanitarian assistance in more than 100 countries.

2. UN agency

WFP, FAO and IFAD, all based in Rome, often combine their expertise in agriculture, food aid and rural development.
Within the UN family, the mandates of the three Rome-based agencies- WFP, the Food and Agriculture Organization (FAO) and the International Fund for Agricultural Development. IFAD complement one another. Each is working to fulfill the World Food Summit’s aim of eradicating global hunger and poverty. WFP with food aid, FAO through its technical expertise in agriculture and IFAD via International Financial Assistance.
Increasingly, the three agencies are finding joint solutions to dealing with emergencies and promoting recovery and development.
WFP, FAO and IFAD joint activities are designed to help create conditions in rural areas that will allow the hungry poor to participate more actively in the local economy. The projects include providing food to protect the distribution of seeds and supporting community infrastructure and agricultural extension activities. WFP and FAO carried out 25 joint FAO/WFP. Crop and Food Supply Assessment Missions in Africa and Asia. WFP projects implemented jointly with IFAD included rural infrastructure development and micro-finance activities.

3. Corporate Partners

WFP is seeking additional funding and valuable expertise from private companies active in areas such as transport, food, information and communications technology, logistics, finance and HR.
The cutting edge know-how of corporate partners can help make the world’s largest food aid organization more efficient and effective and ultimately help feed more hungry people across the globe.

g. Grassroots Efforts

WFP has launched a global advocacy and fundraising event called walk the world. One single day each year hundreds of thousand of people in every time zone all over the world walk to call for the end of child hunger as well as to collect the fund for the project.
As in this month, recently on the 4th November 2007, the WFP has celebrate what so called walk the work in Phnom Penh, in front of the H.E Hun Sen Garden. This celebration has also got many sponsorships, like big one is TNT company.

III. The Reforming and Suggestion of WFP

According to the report of the WFP first regular session conducted in ROME in 11-14 February 2002 which talked about organization and procedural matters, has focus in all the activities and struggle that WFP have met. That article also includes the suggestion for change, which believe that the culture of constructive change is well established, the achievement of today are making way for the challenges of tomorrow. These challenges (according to WFP) would critically affect the on-going change process and the WFP of the future. Below will are the challenges focusing on the keeping the needs of people (both the beneficiaries of WFP programmes and WFP’s own staff) at the centre of the change process.

Challenge 1: Fine-Tuning the Resourcing and Financing System[1]

Of course WFP need the right people, the right knowledge and the right strategies to help the hungry poor. But it also has to have the financial resources to carry out its programmes. So for the WFP, what is the change? It is that WFP should adopt such system that consistent with WFP’s commitment to cost-effectiveness, that is which the organization can make the WFP goes further into its long-term operations and to improve budget estimates.

Challenge 2: sustaining Empowerment and Cohesion[2]

In this part, it is a major challenge for WFP in light of decentralization, that should mention not only the control by headquarter and would adverse to the regional bureaus. Both Headquarters and the regional bereaux have to work closely with one another to achieve the goals of WFP through a standard and consistent global approach. To that, it also focus on the communication, that not all the decision-making can be done through reports, e-mail, or even audio-visual conferencing, such like meeting, workshops and retreats, which mostly require team-building should occur regularly. At last, the essential to maintain the rotation of managers and staffs between Headquarters and the field as one of the ways of ensuring the Cohesion of WFP in a decentralized environment.

Challenge 3: Mastering New Roles at Headquarters[3]

The culture in Headquarters has to adopt to reflect the two main tasks of the centre in a decentralized organization. For two reasons: first, the Headquarters must provide strategic and normative guidance to ensure global coherence in WFP policy. Second, it must provide customer-oriented, flexible and efficient services in such areas as budgeting, human resources, financial management, procurement and logistics.

Challenge 4: Keeping the focus on Staff and Managers[4]

In meeting all of the challenge, it requires a systematic approach to developing people (Human Resource) within WFP. A career-management system is essential to an integrated approach to training, staff rotation and workforce planning that ensures that current and future staff will learn through out their career the skills they need to meet current future challenges. That approach should not be limited to international staff, the needs and aspirations of national staff must also be a central concerned. Gender-balance must also be a major concerning as well.

Challenge 5: Integrating Result-Based Thinking[5]

For WFP, the immediate focus should be on developing result-based management and reporting tools that the field can use. They should be designed and implemented so that the mechanics of the tools do not divert staff energy from their core work. For this new result-based management, planning and reporting tools and the change in culture implied by results-based thinking will take a considerable amount of the time and energy of senior management and staff during the next five years and toward the future plan.

Challenge 6: Strengthening WFP’s Advocacy Role[6]

The WFP’s strategic plans have made advocacy on behalf of the hungry poor a central organizational goal. There have been some interesting and important initiatives, especially, at country level. Best practices need to be identified and shared, and the capacity of country offices to carry out advocacy needs to be strengthened.

Challenge 7: Strengthening the Knowledge Base on the Hungry Poor[7]

To be effective over the long-term, WFP staff must be fluent in country-specific knowledge of the status of the hungry poor: who they are; where they are; and why they hungry. With this information, WFP can target it own resources, act as an advocate to convince governments to direct their resources to the hungry poor and influence donors, and others to do the same. For this, it may be possible for WFP to take up this role even in poor countries where it does not have any operations.

Challenge 8: Maintaining the Momentum of Change[8]

Manages and staff feel they are under increasing stress as they struggle both to deliver effective programmes and bring about complex organizational change. They are expected to develop new expertise in many different areas, to contribute to the development of new system, processes and tools and to adopt a leadership mindset in their work.

My Suggestion

Within the frame of Cambodia, we would ask that what is the specific of strategies and goals of the WFP, especially what is the main role of WFP within this country, if we never face any drought, natural disaster, or other factors. Then is we, take a look to the job of WFP as in the third of its operation which is about Enable Development as (a) helping people building assets that benefit them directly and (b) promote the self-reliance of poor people and communities, then is there any action in Cambodia? Are there any WFP’s actions in Cambodia?
Relevance to this question, we would concern with the goal of WFP which is about “use food aid to support Economic and Social Development” then if it is what the objective of WFP, so have this organization take any actions yet, concerning with this target? Because with the WFP, their target was stated that “Targeted interventions are needed to help to improve the lives of the poorest people_ people who, either permanently or during crisis periods, are unable to produce enough food or do not have the resources to otherwise obtain the food that they and their households require for active and healthy lives”. So that how the WFP defined that term?
Back then, if there were none or less of the activities of the WFP within this country, Cambodia, so there must be some concern or attention into this. Such like, improve in others program:
Firstly, is about “WFP’s Food for Work” projects, that this hope to pay the hunger with food to lay the foundations for a better tomorrow. Then if there were any improvement in this project, it would affect to:
1- Food assistance gives farmers time and energy to built irrigation, terracing, soil and water conservation.
2- Poverty often forces farmers to overuse soil and grazing land. The reap a barren soil and accelerate desertification. WFP provides food aid to farmers who practice soil conservation by planting trees.
Of course with this project, if it could make it successfully, then it will hope to reduce the struggle of the hungry as to improve their living in this prevent way and make development into the future.

Second, is the concerning about the “Food for Lunch” program that would support and encourage the child to go to school and avoid of quit the school. It is a very good chance in order to develop the Human Resource within the country.

Third, is within the question of “Where is the Rice come from?” To that it would be very good if the WFP could change their method or strategies of food aid by buying form the locally, or from the nearby the disaster area. This was suggested by Leonard Rogers, deputy assistant administrator for the Bureau for Democracy, Conflict and Humanitarian Assistance at USAID, stated that “In emergencies situations, we could/would move more quickly if we could buy locally”. If this project can be done then it is a good to make the economics within this country growth up.

IV. Conclusion

In brief, we see that WFP is the food aid organization that helps the hungry poor when needed in all situations. To that we should not expect any more from them. For the two part above, one is for the organization itself that hope to improve the working system within it, and this may the good way for the WFP to keep and stay with the people longevity. Of course, everybody felt very happy when the WFP always in help when need.



V. Reference

a. http://wfp.org/english/
b. WFP First Regular Session, A decade of Change: Renewal and Transformation of the World Food Programmes 1992-2002, Rome 11-14 February, 2002

[1] WFP First Regular Session, A decade of Change: Renewal and Transformation of the World Food Programmes 1992-2002, Rome 11-14 February, 2002, page 45
[2] WFP First Regular Session, p 45
[3] WFP First Regular Session, p 46
[4] WFP First Regular Session, p 47
[5] WFP First Regular Session, p 47
[6] WFP First Regular Session, p 47
[7] WFP First Regular Session, p 47-48
[8] WFP First Regular Session, p 48

Reform of ICJ

I have been using most of the source from internet. Some website such as http://en.wikipedia.org/wiki/International_Court_of_Justice and www.oycf.org/ Perspectives/25_063004/3.pdf is my reference. I also use the Charter of UN and ICJ Statute as the source to write this research paper.
In this paper, I get the idea from some scholar about the how to reform the ICJ plus my idea on how to reform the ICJ in order to foster the ICJ. By compare the different idea, I get the proper approach for the ICJ reforming.
This paper will show how to reform the ICJ jurisdiction and enforcement of judgment to make ICJ more effective.


The Reform of ICJ


I. Introduction

The International Court of Justice (ICJ) known as the World Court is one of the UN organ. ICJ is located in The Hague, Netherlands. ICJ is established in 1945 by the UN Charter and began work in 1946. ICJ is the successor of the Permanent Court of International Justice which was dissolved after the Second World War. ICJ is the judicial organ of the UN deal with the legal disputes. ICJ is composed of fifteen judges who are elected by the General Assembly and Security Council. The Court can settle the dispute submitted by the states or give the advisory opinions on legal question which ask by the states or some organ of UN such as General Assembly or Security Council. Thus, the jurisdiction of the Court is divided into two, the contentious jurisdiction and advisory jurisdiction. With these two jurisdictions, the Court doesn’t have compulsory jurisdiction over all states which cause the ineffectiveness of the Court. With this problem, we will discuss in detail in the next part whether what lead the jurisdiction of the Court ineffective and what the Court should do in order to solve these problems. This paper will show the idea of some scholars about how to reform the ICJ.

II. The jurisdiction of the ICJ

According to article 93 of the UN Charter, all member of UN can automatically be the parties to the Court. For non-member states, article 93 also provides the right to be the parties of the Court if they wish to and willing to be bound by the jurisdiction of the Court. For example: Switzerland used this method to become the party of the Court in 1948[1].
Article 34, paragraph 1 of the Statute of ICJ states that only state may be parties in cases before the Court. ICJ has the jurisdiction over only states. International organization or individual can not be the parties of the Court. Thus, they don’t bound by the jurisdiction of the Court. However, being a member state of UN or member state to the Court’s Statute doesn’t mean the states will be automatically bound by the jurisdiction of the Court. The Court has the jurisdiction over the states when the states accept the jurisdiction and willing to be bound by the jurisdiction. The Court doesn’t have compulsory jurisdiction over the states, both member states of the UN or member states of the Court’s Statute and non-member states.
The jurisdiction of the Court is divided into two parts: The first jurisdiction is the power to decide on the legal dispute which submitted by the states. This kind of power is called contentious jurisdiction. The second jurisdiction is advisory jurisdiction.

Contentious Jurisdiction

In contentious jurisdiction, the Court has the power to settle the dispute when parties agree to submit to the Court. Only state can be the parties can be the parties in contentious case. Individual, NGO, international companies, or self-determination groups can not be the parties in this case.
There are several ways for a state to access the contentious jurisdiction of the Court. First, the states which are the member of the UN are ipso-facto member of the Statute[2]. Thus, they can access to the Court automatically. Second, if the states are not the member of the UN, these states need to pay for the Court in order to access to the Court.
Beside the states can access to the jurisdiction of the Court, the Court’s jurisdiction can be found in several ways. First, the jurisdiction may be found in the special agreements. When the parties agree with each other to settle the dispute by the Court, they can make the agreement and notify the Court. The jurisdiction of the Court will comprise all the cases that the parties refer to it[3]. Second, the jurisdiction is provided in the treaties and conventions[4]. Most of the treaties contain a clause providing the ICJ power to solve the dispute. When states made the treaties or conventions, they usually create compromissory clauses in order to solve the problems when there is the conflict. These clauses usually use the ICJ as the tool to settle the dispute. Thus, ICJ’s jurisdiction also applies to the member states of the treaties or conventions in force. Third, jurisdiction of ICJ is found when state make optional clause declared that they recognise compulsory jurisdiction of the Court. Article 36, paragraph 2 of Statute of ICJ provides that “The states parties to the present Statute may at any time declare that they recognize as compulsory ipso facto and without special agreement, in relation to any other state accepting the same obligation, the jurisdiction of the Court in all legal disputes concerning: a. the interpretation of a treaty; b. any question of international law; c. the existence of any fact which, if established, would constitute a breach of an international obligation; d. the nature or extent of the reparation to be made for the breach of an international obligation.” The states can voluntary make a declaration to accept the compulsory jurisdiction of the Court conditionally or unconditionally which provide by article 36, paragraph 3. With the condition, states can accept the compulsory jurisdiction for the certain time or with a certain states they want. Finally, the court also has the jurisdiction base on the declarations make under the Permanent Court of International Justice’s Statute[5]. The Permanent Court of International Justice has transferred its jurisdiction to the ICJ. If a treaties or conventions which provide the jurisdiction to the Permanent Court of International Justice, the ICJ also has the jurisdiction over the case.
B. Advisory jurisdiction
Another jurisdiction of ICJ is giving an advisory opinion. The Court gives advisory opinion to the UN organ such as Security Council or General Assembly when they need the legal advice from the Court[6]. Other UN agencies may also request advisory opinion of the Court on legal questions. For example, World Health Organization (WHO) request for an advisory opinion on the legality of the use of nuclear weapons by a state during armed conflict[7]. In this case, according to article 96, the Court looks at three conditions in order to determine whether the Court has advisor jurisdiction over this case. First, the Court looks at the requesting agency whether they have a right providing by the Charter to request the opinion from the Court. Second, the Court looks at the opinion whether it is a legal question or not. If the Court found that it is not the legal question, the Court doesn’t have jurisdiction. Third, the question must be in the scope of the requesting agency activities.
In principle, the Court’s advisory opinions are only consultative. It is non-binding under the Statute of the Court[8]. Although the advisory opinion of the Court is useful and respected, it is not his judgment or regulation which can bind the state or any UN organs or agencies. It is just a legal advisory which help UN organ or agency to deal with the legal question which they may face. However, the advisory of the court still has essential effect on practice since the court follow the same rule and procedure that use for its binging judgment[9]. The Court is base on international law and legal reasoning to make the advisory opinion. Thus, the advisory of the Court is so effective.
III. The ICJ and the Security Council relationship
After the Court issue the judgment for the disputed parties, there is one thing must be done. Implement of judgment is the important step in the Court’s procedure. ICJ doesn’t have the power to enforce the parties of dispute to comply the judgment. This job is transfer to the Security Council if the parties fail to perform the obligation incumbent upon it under a judgment rendered by the Court[10]. The member of UN has the duty to comply with the decision of the ICJ. If the parties fail to comply, the Security Council must take action against that party. Security Council can use the economic or political sanctions to punish the state fail to comply the duty. If the sanctions don’t work, the Security Council may take more serious action against that state. The Security Council may use the arm force to enforce the state to follow the decision of the Court.
As Security Council play a role as enforcement body of the ICJ, they have a very close relationship with each other. ICJ is not effective if there is not enforcement of Security Council. The law which lack of enforcement doesn’t become the effective law for society. Although assembly can pass a very good regulation in order to maintain the public security, the regulation still not useful for the society if there is no police to enforcement the law by punishing the law breaker. Therefore, in order to maintain the effectiveness of ICJ, the enforcement of Security Council plays an important role.
IV. Reform of ICJ
A. Reform of Jurisdiction
There are some criticism arise by Bingbin Lu[11] on the jurisdiction of ICJ.
1. Ineffectiveness of the present ICJ
The ICJ is the world Court which is expected to settle the disputes among stats. However, the court still has been criticized for its ineffectiveness in dong its job. Only 63 states have recognized the compulsory jurisdiction of the Court (with or without reservation) through the optional clause system[12]. Compare to the member of the UN (192), the jurisdiction of the court apply only one-third of the member states. ICJ deal with less than 100 cases in more than 50 years[13]. Moreover, those cases are not the heavy case which is important for the international. In more case, the ICJ jurisdiction was challenged by the party states. As the result, ICJ dismisses almost half of these cases[14]. This shows the weakness of the Court in applying its jurisdiction over the state.
2. A compulsory jurisdiction
As discuss above, ICJ doesn’t have a compulsory jurisdiction over the member state of UN or member state to ICJ Statute. In principle, ICJ has compulsory jurisdiction over the states as long as these state declare themselves to be bound by the jurisdiction as providing in article 36, paragraph 2 of ICJ Statute, A dispute can be settle by the Court only if all concerned parties willing to submit the case to the Court. This character of non-compulsory jurisdiction over the state is because of the principle of sovereignty[15]. All states in the world include big states or small states, rich or poor states have the same equality and sovereignty. With international law, one state does not have jurisdiction over other states. They can not use their court to decide or punish other states. Therefore, ICJ also respects the principle of sovereign and independent state and adopts the non-compulsory jurisdiction principle. Mostly, ICJ plays a role as the third parties to settle the dispute peacefully rather than the world court which can settle all disputes with submitted to it.
Another reason for adopting the non-compulsory jurisdiction is the power of superpower[16]. After the WWII, USA and former Soviet Union, the superpower after WWII, didn’t accept the compulsory jurisdiction of ICJ. Most of the dispute with relative to the superpower rarely submit to the ICJ and rarely settle by ICJ.
Because of non-compulsory jurisdiction, the effectiveness of ICJ has been reduced. With this problem, there are many different ideas, some scholars advocate with compulsory jurisdiction while some scholars don’t. Bingbin Lu suggests that absolute compulsory jurisdiction should not be adopted. The idea of compulsory jurisdiction is utopian. The Court’s jurisdiction was limited when it was create because of preventing the ICJ from becoming a tool of both superpower (USA and former Soviet Union). Bingbin Lu said that to give ICJ compulsory jurisdiction would be too risk. Thus, to avoid this risk, he suggests the idea of establishing an appellate review procedure to review first level decision as the WTO dispute settlement mechanism. He also suggests that UN should reconstruct the international judicial system by creating the International Tribunal for the Law of the Sea and the International Criminal Court. Those new judicial organ may solve the problem by allowing the state more choice to choose. When the state found which court fix to them, they will accept the compulsory jurisdiction of the court.
For some point of view, I disagree with Bingbin Lu. I will suggest the UN to reform the ICJ jurisdiction. Without compulsory jurisdiction, the Court performs ineffectively. Some parties will reject the jurisdiction if they are optional to the jurisdiction. With about one-third of UN member have recognized the compulsory jurisdiction of the Court, the Court still lack of power to settle the dispute if another party of dispute is one state of other two-third. ICJ can not force the sates to accept it’s jurisdiction without the consent of the state. Unlike, domestic jurisdiction, the court has the compulsory jurisdiction and can hear the case which is submit by only one party. Therefore, for the party who is violated by another party has no any mechanism to protect their interest. Without any judicial mechanism to prevent he violation of right, there will be instability in international society. Small and weak states will not equal to the big and powerful states. Powerful states can use the non-compulsory jurisdiction principle to reject the ICJ jurisdiction when they are complained by other states. It seems there is no justice between weak and powerful states in international relation. Therefore, some states may try to dominate other state if they are not under the jurisdiction of ICJ. For this reason, it may create the war between disputed parties since there is no mechanism to solve the dispute. Without the involving of ICJ, party of dispute may use their means to solve their problem or to protect their interest or right. Some means will not cost much to international security, but some means such as using military force may cost much to international security. Therefore, if ICJ still play a role as third party and ineffective in settle the dispute, the world may in one day become nature state where the strong dominate the weak.
3. Enforcement of judgment
Enforcement of judgment is the important step which must be done in order to maintain the effective of ICJ. Without enforcement, the decision of the Court makes no sense to the parties. Without enforcement, there is no need to submit the case to the case. Thus, we can see the important of enforcement.
The parties of dispute must comply the decision made by the Court. If losing party doesn’t comply, Security Council, knows as the enforcement body of ICJ, will issue the resolution to force the losing party. The Security Council can put economic or political sanctions as the first step toward the losing party. If the state stills no tension to follow the judgment, the Security Council may use UN arm force to punish the state.
The problem of enforcement arises when the Security Council can’t issue the resolution. In order to issue the resolution, 9 votes of Security Council member are needed[17].For substantive matter such as enforcement of ICJ judgment, all permanent member need to vote without veto of anyone. Because of this veto power, some resolutions are never issued. It causes the problem of judgment enforcement. If the judgment is against one of the permanent member of Security Council or its allies, the resolutions will never be reached. One example is Nicaragua case[18]. As US is one party of the case, the judgment wasn’t enforce.
Through this example, we can see that there is no separation of power in UN system. ICJ is not the independent body since it can’t enforce its decision. Thus, it needs some approaches to solve this problem. Firstly, we can create a law or amend the UN Charter in order to separate the power of the Court and Security Council. By providing the power to the Court, it will increase the effectiveness of the Court in implement its job. Moreover, all the states who parties to dispute may trust on the Court since the enforcement is guarantee. Another way to ensure the enforcement of ICJ judgment is to forbid the veto power. We have two ways to forbid the veto power. First, when one party of dispute is permanent member of Security Council or its allies, we should take away their right for voting. Second, we also can give them a right to vote without veto power. This approach will decrease the change of permanent member to reject the issuing of resolution and increase the number of enforcement.
V. Conclusion
All in all, ICJ should act as the world court to settle the international dispute. Because the objective of the UN is to maintain the international security, ICJ should play an active role in settle the dispute in order to reduce the war which may happen by the dispute party. In order to perform its job effectively, ICJ need some reform on two important areas. First, ICJ needs to foster the effectiveness of its jurisdiction. By using the compulsory jurisdiction principle, the ICJ will increase its function in maintaining the international security. All state can use the ICJ as the mechanism to settle the dispute peacefully. Second, ICJ needs to foster its judgment enforcement. By allowing ICJ to enforce its judgment itself, the Court will be more useful. All state maybe more trust on the Court and provide more role to the Court in settle the dispute.

Reference:

- Statute of International Court of Justice
- UN Charter
- International Court of Justice. 10 January2008. .

Bingbin Lu. Reform of the International Court of Justice – A Jurisdictional Perspective.” June 30, 2004. .

Case Concerning Military and Paramilitary Activities In and Against Nicaragua (Nicaragua v USA), [1986] ICJ Reports 14, 158-60 (Merits) per Judge Lachs

Legality of the Use by a State of Nuclear Weapons in Armed Conflict 1996 I.C.J. 66 (Advisory Opinion of July 8)

[1] International Court of Justice. 10 January,2008. .
[2] Article 93 of UN Charter.
[3] Article 36(1) of ICJ Statute
[4] Article 36(1) of ICJ Statute
[5] Article 36(5) of ICJ Statute.
[6] Article 96 of UN Charter.
[7] Legality of the Use by a State of Nuclear Weapons in Armed Conflict 1996 I.C.J. 66 (Advisory Opinion
of July 8).
[8]International Court of Justice. 10 January,2008. .
[9]International Court of Justice. 10 January,2008. .
[10] Article 94 of UN Charter.
[11] Bingbin Lu, LL.M, law librarian, Transnational Law and Business University (TLBU), Seoul.
[12] Bingbin Lu. Reform of the International Court of Justice – A Jurisdictional Perspective.” June 30, 2004. .
[13]Bingbin Lu. Reform of the International Court of Justice – A Jurisdictional Perspective.” June 30, 2004. .
[14]Bingbin Lu. Reform of the International Court of Justice – A Jurisdictional Perspective.” June 30, 2004. .
[15]Bingbin Lu. Reform of the International Court of Justice – A Jurisdictional Perspective.” June 30, 2004. .
[16]Bingbin Lu. Reform of the International Court of Justice – A Jurisdictional Perspective.” June 30, 2004. .

[17] Article 27 of UN Charter.
[18] Case Concerning Military and Paramilitary Activities In and Against Nicaragua (Nicaragua v USA), [1986] ICJ Reports 14, 158-60 (Merits) per Judge Lachs.

UNITED NATIONS TRUSTEESHIP COUNCIL

PANNASASTRA UNIVERSITY OF CAMBODIA

Faculty of Social Sciences and International Relations

Major: International Relations

Course: United Nations Systems

Lecturer: Professor Stan Starygin

Student’s Name: Chhun Sokha

Academic Year: 2008 – 2009
CONTENTS


TOPIC: THE REFORM OF THE UN’S TRUSTEESHIP COUNCIL

I) INTRODUCTION

II) ISSUES INVOLVING THE TRUSTEESHIP COUNCIL

· IMPOSSIBILITY AND INEFFICIENCY

· OVERLAPPING PRINCIPLES

· NO MORE TERRITORIES UNDER INTERNATIONAL TRUSTEESHIP SYSTEM

· THE TRUSTEESHIP COUNCIL CAN BE PLACED UNDER THE SUBORDINATION OF SECURITY COUNCIL

· THE TRUSTEESHIP COUNCIL IS NOT A DEPENDENT BODY

· ONLY FIVE PERMANENT MEMBERS ARE PART OF THE TRUSTEESHIP COUNCIL


III) CONCLUSION
THE REFORM OF THE UN’S TRUSTEESHIP COUNCIL

I) INTRODUCTION
Trusteeship Council (TC) is one of the main six UN organs created under the UN Charter in 1947. The significant goal of the Trusteeship Council is to oversee trust territories which are voluntarily put under its operation to reach self-government and in the end reach its statehood. There were eleven trust territories under its operation and after they were established they have become independent and members of the United Nations. The last state that gained independence was Palau and when it became independent, the Trusteeship Council has been seen as an inactive organ since it has put its operation into an end and decided to meet when the situation is needed, not annually. The Trusteeship Council has been seen as the UN inactive organ by many world leaders, politicians as well as the ex-Secretary General Kofi Annan. These people have, furthermore, tried to give suggestion to the reform of this organ or to totally dismantle it from the UN Charter.
The followings will be about the reasons why this organ wants to be abolished by the above-mentioned people and it also highlights how the Trusteeship Council is to be reformed.

II) ISSUES INVOLVING THE TRUSTEESHIP COUNCIL
As I mentioned above, the Trusteeship Council has been inactive since 1994, but the word ‘inactive’ alone is not enough to say that the organ ought to be reformed or dissolved. The following will talk about the problems sought in the organ.

IMPOSSIBILITY AND INEFFICIENCY
The first problem of the Trusteeship Council is its inefficiency and impracticability. As it is already said the essential purpose of the Trusteeship Council is to assist trust territories to get independence, and after the Palau, which is the last state to gain independence, there are no more trust territories under its operation. Hence, there is no stuff for the Trusteeship Council to do and so how can it operate and be effective?
Weaknesses are seen in article 75 stating that: “the United Nations shall establish under its authority an international trusteeship system for the administration and supervision of such territories as may be placed thereunder by subsequent individual agreements. These territories are hereinafter referred to as trust territories.”[1] According to this article, we dare say that the Trusteeship Council has only theory and principles, but there is no implementation at all since it does not have trust territories under it these days as there are no countries under colonization any more. That is why it is seen as a useless and impractical organ.

OVERLAPPING PRINCIPLES
Another matter found in the Trusteeship Council is that several principles are overlapping with that of the UN whole Charter as well as with subsidiary agencies and other organs as well. For instance, article 76 of the charter provides that “the basic objectives of the trusteeship system… shall be to further international peace and security and to encourage respect for human rights and for fundamental freedoms for all without distinction as to race sex, language, or religion, and to encourage recognition of the interdependence of the peoples of the world.”[2] If we take this into consideration, we will know that the meaning in this article covers the same things as the overall destination of the charter. As a consequence of this, it can be removed from this paragraph and substitute with another different one from this principle. Moreover, the third paragraph of the same article emphasizes about human rights and fundamental freedoms which are also overlapping with other agencies under the UN, especially human rights institutions. This article can accordingly be removed and replaced under agencies and organs if the Trusteeship Council is able to be reformed.

NO MORE TERRITORIES UNDER INTERNATIONAL TRUSTEESHIP SYSTEM
In this section, I will examine why the Trusteeship Council is not workable and impractical as it used to operate prior to 1994. Similar to some arguments mentioned in the previous paragraph, the Trusteeship Council only managed to function when there are trust territories placed under its authority and other territories which mentioned in article 77, paragraph 1 of the UN charter. It says that the trusteeship system shall apply to such territories which now held under mandate. This mandate refers to those trust territories which held under the League of Nations. Under the League of Nations the territories were categorized into 3 mandates, which are “A, B, and C”, respectively.
Territories under the “A” mandates were those territories formerly belonging to the Turkish Empire, including Syria, Lebanon, Palestine, Iraq, Jordan. All of these territories have gained full sovereignty between 1932 and 1947.
As for “B” mandates, it covered territories under the former German colonies in Central Africa, which included the countries of Cameroon, Togo Land, Tanganyika, and Ruanda-Urandi. These territories have received independence respectively in 1950, 1957, 1961, and 1962.
In the “C” mandates, the territories were categorized under several administering authorities because these territories were mostly islands with small size of population and they were considered to be incapable of self-govern in the future when they are given full independence. Due to this, those territories must place under different administering authorities. These territories were composed of former German colonies of South – West Africa placed under South African administration which included the territories of Marianas, Caroline, and Marshall islands assigned to Japan; New Guinea and Nauru under the aegis of Australia, and Western Samoa under the control of New Zealand. These territories except South-West Africa have placed under the UN trusteeship system and they have all become independent states. According to these evidences, we can definitely understand that there are now no more territories held under the League of Nations mandates which the article has stated.
The UN trusteeship system, furthermore, also apply to territories voluntarily placed under the system by states responsible for their administration. And since there are now no more territories placed under it, so the TC has no job to do and it has become an inactive and impractical organ.

THE TRUSTEESHIP COUNCIL CAN BE PLACED UNDER THE SUBORDINATION OF SECURITY COUNCIL
As mentioned in article 83 of the UN charter which states that all functions of the UN relating to strategic areas including the approval of terms of the trusteeship agreements…shall be exercised by the SC. Strategic areas due to this article refers to the trust territories for which functions of the UN are exercised by the SC. It means that the TC cannot perform by dependent on its own capability. To perform the function well the TC must seek assistance from the SC as it is more powerful than other organs in the UN. Thus, I personally think that the TC should be placed under the UNSC. Article 83, furthermore, states that the SC… shall avail itself of the assistance of the TC to perform those functions of the UN under the trusteeship system relating to political, economic, social, and educational matters in the strategic areas. According to this, the job of the TC is to help the SC to better perform and it has no important roles at all to perform all of these functions effectively.

THE TRUSTEESHIP COUNCIL IS NOT A DEPENDENT BODY
In the past, the Trusteeship Council had assistance from different specialized agencies in order to function more effectively as mentioned in article 91 of the charter that, ‘The Trusteeship Council shall, when appropriate, avail itself of the assistance of the ECOSOC and of the specialized agencies in regard to matters with which they are respectively concerned.”[3] Depending on this article, the Trusteeship Council has sought help from some specialized agencies which included WHO, UNESCO, ILO, and the World Bank.
Besides seeking assistance from the ECOSOC and certain specialized agencies, the Trusteeship Council seems to be subordinated under the General Assembly, too. Article 85 says that “the functions of the UN with regard to trusteeship agreements for all areas not designated as strategic… shall be exercised by the General Assembly.”[4] As mentioned above, territory that is a strategic area is exercised by the Security Council, but when a territory is not designated as strategic area, it is this time exercised by the General Assembly. Moreover, the article states that “the Trusteeship Council, operating under the authority of the General Assembly, shall assist the General Assembly in carrying out these functions.”[5] So, I can say that the Trusteeship Council is not independent.

ONLY FIVE PERMANENT MEMBERS ARE PART OF THE TRUSTEESHIP COUNCIL
The reason that I can say that only the five permanent members of the Security Council are part of the Trusteeship Council because it is related to the article 86 of the UN Charter which states in the following that:
The Trusteeship Council shall consist of the following members of the UN:
Those Members administering trust territories
b. Such of those Members mentioned by name in article 23 as are not administering trust territories; and
c. As many other members elected for three-year term by the General Assembly as to ensure that the total numbers of members of the Trusteeship Council is equally divided between those members of the UN which administer trust territories and those which do not.[6]
Now if we discuss about the paragraph above one by one, we will find out that in paragraph ‘a’, we at the moment cannot find any members controlling trust territories because there are now no trust territories placed under the TC. For paragraph ‘b’, it mentioned specifically to states which named in article 23 referring to the five permanent members of the Security Council. As for paragraph ‘c’, there is only principle but in reality there is no more trust territory and the General Assembly does not need to elect members to perform functions as well. In a nutshell, I would say there are no members as part of the Trusteeship Council except the five Permanent Members.

NO MORE REPORTS FROM ADMINISTERING AUTHORITY FOR THE TRUSTEESHIP COUNCIL TO OVERSEE
Other main jobs of the Trusteeship Council are to examine report sent to it by administering authority, accept petition, and provide for periodic visit to the trust territories. But as there are no existence of trust territories and so how can the Trusteeship Council get and examine reports and how can it take periodic visit to the trust territories? Thus, I am able to say that there are no trust territories, so the Trusteeship Council is gone.

CONCLUSION
Now we have found out the issues within the Trusteeship Council, and the next question is how we can fix it: it can be completely dissolved, kept or turned into a new organ or agency. Through my personal thinking, the Trusteeship council is supposed to be kept but to be converted from a gigantic organ to a new agency and placed under the supervision of the Security Council. Moreover, the new trusteeship council should deal with any new problem occurring in the future that there will be no any intervention from other existing UN agencies. And the other valuable point of establishing a new trusteeship is that we had better not wipe out the old trusteeship and form another new one, but what we should do is just shifting from an enormous organ to a small agency and the management of the new agency should be the same as the old one. Thus, we do not need to spend more money in creating the new one.









BIBLIOGRAPHY

BOOKS:
1. Compiled by Starygin, Stan, United Nations Systems: Pannasastra University of Cambodia.
2. Bhatta, Gambhir, Reforms at the UN, Contextualising the Annan Agenda: (Singapore: Singapore University Press, 2000)
3. Bennett, A. LeRoy & James K. Oliver, International Organizations, Principles and Issues: 7th ed. (New Jersey: Upper Saddle River: Prentice Hall, 2002)
4. Taylor, Paul & A.J.R. Groom, The United Nations at the Millennium, the Principal Organs: 1st ed. (London and New York: 2000)

INTERNET SOURCES:
1. http://www.un.org/aboutun/charter/
2. http://en.wikipedia.org/wiki/United_Nations_Trusteeship_Council



[1] http://www.un.org/aboutun/charter/

[2] Ibid.

[3] Compiled by Stan Starygin, United Nations Systems: Pannasastra University of Cambodia, p.92.
[4] Compiled by Stan Starygin, United Nations Systems: Pannasastra University of Cambodia, p.91.
[5] Ibid.
[6] http://www.un.org/aboutun/charter/

Essay on ILO Reform

Dear teacher and all!
I would be pleased for your comment....
Thanks you.....

Pannasastra University of Cambodia
(PUC)

The Department of Social Science and International Relations



Course: The United Nations System


Topic:
Reform on International Labor Organization


Professor: Stan Starygin


Student’s name: Vong Dara


Student’s ID: 00436



Date: January 24, 2008


Content


Reform on International Labor Organization

I. Introduction
1) Background of International Labor Organization
2) Mission and Objective of ILO
3) Objective: the study of the Topic
4) Literature Review
II. Body
Reform on ILO
III. Conclusion
Give an own opinion on ILO reform












Reform on International Labor Organization

I. Introduction

1) International Labor Organization background

International Labor Organization established in 1919 after World War ended, as a part of the Treaties of Versailles. The ILO has made signal contributions to the world of work and the International Labor held the first conference in Washington on October 1919, adopted six International Labor Conventions, which dealt with hours of work in industry, unemployment, and maternity protection, night work for women, minimum age and night work for young persons in industry.

The ILO headquarter was located in Geneva, Switzerland in 1920. Albert Thomas was the first Director of the International Labor Office. The ILO also as part of the League of Nations and became the formal relationship as a specialized agency of the United Nations in 1946. The ILO’s governing body consists of 56 members: 28 represent governments, 14 represent employers, and other 14 represent workers and non-permanent members are elected by the conference every three years. Now, ILO consists of 175 members.[1]

2) Mission and Objective of the ILO

The main objectives of the ILO are to improve labor conditions, promote productive employment and social progress, and raise living standards, and the primary goal of the ILO today is to promote opportunities for women and men to obtain decent and productive work, in conditions of freedom, equity, security and human dignity.
In order reach this goal, the ILO seeks to promote employment creation, strengthen fundamental principles and rights at work; workers' rights, improve social protection, and promote social dialogue as well as provide relevant information, training and technical assistance. The mission of ILO is to help the country to build the institutions that are the barricade of democracy and to help them become accountable to the people.
The ILO formulates international labor standards in the form of Conventions and recommendations which is setting the minimum standards of basic labor rights includes freedom of association, the right to organize, collective bargaining, elimination of forced labor, equality of opportunity and treatment and other standards which is addressing the conditions across the entire field of work that related the issues.

In the following are the four strategic objectives:
a) Promote and realize standards and fundamental principles and rights at work;
b) Create greater opportunities for men and women to secure decent employment and income;
c) Enhance the coverage and effectiveness of social protection of all; and
d) Strengthen tripartite and social dialogue.[2]

3) Objective: the study of the Topic

I make up my mind to write this topic because I learned that ILO is an international organization to promote rights at work for every people and the entire world but ILO objective and mission are still cannot work properly because the working standards for the poor is still a big concern, the income are low, the working condition is bad, women and men treat unfair at work, and the unemployment is higher. Especially, most of times happened in the least developing countries. Subsequently this paper will give argument, recommendation, and make up some reform on ILO should set up more missions and take action deeply into the least developing countries in order to reach the objectives of the ILO which set out clearly in the objective.

4) Literature Review

Juan, Somavia, ILO Director General, said that “Social justice is the best way to ensure sustainable peace and eradicate poverty. And I believe in people coming together organizing, joining forces, making their voices heard.” Does ILO work appropriately to reach their objectives for all?[3]

II. Reform on ILO

According the constitution of the ILO which consists of 40 articles did not mention clearly about the duty of the state members of the ILO in order to promote rights at work, increase job opportunity for the citizens in term of decreasing unemployment, avoiding child labor, equality rights at work, setting standard of minimum wage for the developing countries and the developed countries, giving chance for development at work. In the ILO constitution just wrote about the procedure, voting, the conference, how to become the member of the ILO. Especially, ILO also did not mention about the special agencies in the developing country because it just set and standard labor law but the developing countries need to be different from the developed countries related the economic situation, government institution, and the citizens are completely different from the developing countries.
Therefore, ILO has to promote labor rights at work by reforming its constitutions nationally, regionally, and locally for a crucial attention to the least developing countries. For example, ILO has to reform on labor law nationally. According to labor challenges is happening to the poor nations with poor of human resources, natural resources, and less of accountable, and transparent government. These challenges cause the enforcement of the labor law within the country. Second, ILO has to reform rights at work regionally, of course the poor nations or country is divided into different regions such in Africa, Southeast Asia. These regions need to deal with different policies and law because the political, economical and the practical of law enforce are much concerning with that. Finally, the ILO has to reform the rights at work locally within the nations.

Significantly, to promote rights at work, ILO has to work directly with the community where they are working by set up special agencies to observe and report what the employers have been done for their employees because most of the labor issues are abused by the employers and the law enforcement is weak related to the intervention of the government actor to take action against the abuses of labor law. In addition, ILO has to find and regulations to put pressure on the government to struggle against unemployment within the country as much as possible.

Therefore, the ILO has to reform its constitution to broaden the rights and the duty of the state to the implementations the law and make law to punish the employers who violate the labor law, and recommend to the state members to observe the labor issue, to facilitate to ILO agencies in order to create more job for their people, and set up more agencies of the ILO; especially to the developing country like in Cambodia.

For example, Cambodian is currently facing challenges in the rural remote area, they can earn less than one dollar a day and sometimes worst than that. But, Cambodian government did not put any effort to reduce the poverty and the ILO agencies in Cambodia never come out and deal with these problems properly. Furthermore, ILO can take any actions immediately to solve the rights abuses at work very well.
Thus, the ILO should set up any agents available to observe and investigate the case of abusing rights at work and firing from work without any specific causes of the problems.

III. Conclusion

From my point of view, ILO needs to be reformed any policies particularly for dealing with developing countries and ISO needs to work locally, nationally, and directly with community and cooperate with the institutions of the government charge with labor and make them enforce the labor law to promote, respect, intervene, and resolve the labor issues with the developing countries.
More importantly, the local government has to put the effort and fight against unemployment and create more jobs for their own people and nation to reduce poverty and the government has to cooperate with the ILO agencies, any non-governmental organizations in charge with labor, and local trade unions to protect, promote, respect, and resolve labor abuses and strike against the unemployment to reduce poverty for the better living conditions and prosperity life as the whole through the globe.


















[1] http://www.ilo.org/global/About_the ILO/Origin_ and history
[2] http://www.en.wikipedia.org/wiki/International Labor Organization
[3] http://www.ilo.org