A Most Uncertain Crusade

A Most Uncertain Crusade
Author: Rowland Brucken
Publisher: Cornell University Press
Total Pages: 368
Release: 2013-12-01
Genre: History
ISBN: 1609090918

A Most Uncertain Crusade traces and analyzes the emergence of human rights as both an international concern and as a controversial domestic issue for US policy makers during and after World War II. Rowland Brucken focuses on officials in the State Department, at the United Nations, and within certain domestic non-governmental organizations, and explains why, after issuing wartime declarations that called for the definition and enforcement of international human rights standards, the US government refused to ratify the first UN treaties that fulfilled those twin purposes. The Truman and Eisenhower administrations worked to weaken the scope and enforcement mechanisms of early human rights agreements, and gradually withdrew support for Senate ratification. A small but influential group of isolationist–oriented senators, led by John Bricker (R-OH), warned that the treaties would bring about socialism, destroy white supremacy, and eviscerate the Bill of Rights. At the UN, a growing bloc of developing nations demanded the inclusion of economic guarantees, support for decolonization, and strong enforcement measures, all of which Washington opposed. Prior to World War II, international law considered the protection of individual rights to fall largely under the jurisdiction of national governments. Alarmed by fascist tyranny and guided by a Wilsonian vision of global cooperation in pursuit of human rights, President Roosevelt issued the Four Freedoms and the Atlantic Charter. Behind the scenes, the State Department planners carefully considered how an international organization could best protect those guarantees. Their work paid off at the 1945 San Francisco Conference, which vested the UN with an unprecedented opportunity to define and protect the human rights of individuals. After two years of negotiations, the UN General Assembly unanimously approved its first human rights treaty, the Genocide Convention. The UN Commission on Human Rights (UNCHR), led by Eleanor Roosevelt, drafted the nonbinding Universal Declaration of Human Rights in 1948. Subsequent efforts to craft an enforceable covenant of individual rights, though, bogged down quickly. A deadlock occurred as western nations, communist states, and developing countries disagreed on the inclusion of economic and social guarantees, the right of self-determination, and plans for implementation. Meanwhile, a coalition of groups within the United States doubted the wisdom of American accession to any human rights treaties. Led by the American Bar Association and Senator Bricker, opponents proclaimed that ratification would lead to a U.N. led tyrannical world socialistic government. The backlash caused President Eisenhower to withdraw from the covenant drafting process. Brucken shows how the American human rights policy had come full circle: Eisenhower, like Roosevelt, issued statements that merely celebrated western values of freedom and democracy, criticized human rights records of other countries while at the same time postponed efforts to have the UN codify and enforce a list of binding rights due in part to America's own human rights violations.

Report of the International Law Commission

Report of the International Law Commission
Author: United Nations Publications
Publisher: UN
Total Pages: 0
Release: 2023-06-26
Genre: Political Science
ISBN: 9789213000571

This is the official report of the International Law Commission to the General Assembly on its seventy-third session dated 18 April-3 June and 4 July-5 August 2022.

Oppenheim's International Law: United Nations

Oppenheim's International Law: United Nations
Author: Rosalyn Higgins
Publisher: Oxford University Press
Total Pages: 1642
Release: 2017-10-12
Genre: Law
ISBN: 0192537199

The United Nations, whose specialized agencies were the subject of an Appendix to the 1958 edition of Oppenheim's International Law: Peace, has expanded beyond all recognition since its founding in 1945.This volume represents a study that is entirely new, but prepared in the way that has become so familiar over succeeding editions of Oppenheim. An authoritative and comprehensive study of the United Nations' legal practice, this volume covers the formal structures of the UN as it has expanded over the years, and all that this complex organization does. All substantive issues are addressed in separate sections, including among others, the responsibilities of the UN, financing, immunities, human rights, preventing armed conflicts and peacekeeping, and judicial matters. In examining the evolving structures and ever expanding work of the United Nations, this volume follows the long-held tradition of Oppenheim by presenting facts uncoloured by personal opinion, in a succinct text that also offers in the footnotes a wealth of information and ideas to be explored. It is book that, while making all necessary reference to the Charter, the Statute of the International Court of Justice, and other legal instruments, tells of the realities of the legal issues as they arise in the day to day practice of the United Nations. Missions to the UN, Ministries of Foreign Affairs, practitioners of international law, academics, and students will all find this book to be vital in their understanding of the workings of the legal practice of the UN. Research for this publication was made possible by The Balzan Prize, which was awarded to Rosalyn Higgins in 2007 by the International Balzan Foundation.