LESSON 5

CONTEMPORARY
GLOBAL GOVERNANCE
PREPARED BY

JOSE CRUZ MORALES, M.B.A.

 CONNECTING
• The students are expected to:

• Identify the roles and functions of United Nations

• Discus the challenges of global governance in the 21 century
st

• Formulate a position paper to explain the relevance of the state

amid globalization
 CONFIGURING
• ICC Is Investigating Duterte, Who
Suddenly Wants Out
• He says Philippines is withdrawing from the ICC,
‘effective immediately’
• By Kate Seamons, Newser Staff
• (Retrieved from: http://www.newser.com/story/256563/duterte-
called-the-icc-bulls-now-he-wants-out.html.)
•
ICC Is Investigating Duterte, Who Suddenly
Wants Out - Newser
• www.newser.com › story › duterte-called-the-
icc-bulls-...
• Mar 14, 2018 -
• (NEWSER) – Philippine
President Rodrigo Duterte
has had a bumpy relationship
with the International Criminal
Court. He once described it
as “bulls---,”
• then in February said he
welcomed its preliminary
investigation into allegations of
crimes against humanity
during Duterte’s war on
drugs. Now, he says he’ll pull
the Philippines from the court
altogether, “effective
immediately,”
• though the BBC reports that
formally withdrawing from the
ICC is a year-long process. “It is
apparent that the ICC is being
utilized as a political tool
against the Philippines,” he
said, while blasting the
“baseless, unprecedented, and
outrageous attacks” directed at
him by the UN. The Guardian
looks at the recent-most bad
blood between the two that
apparently spurred those
comments.
• Duterte’s government put a
UN special rapporteur on a
list of communist terrorists,
leading the body’s
commissioner for human
rights to say last week that
Duterte needs “some sort
of psychiatric examination
• .” Should the Philippines
successfully withdraw its
ratification of the treaty that
created the ICC, it would be only
the second country to do so,
after Burundi.
• But that wouldn’t protect Duterte
from a potential trial, as the
treaty states “withdrawal shall
not affect any cooperation with
the court in connection with
criminal investigations.” Still,
the BBC notes it could make the
Philippines less cooperative.
• Speaking of cooperation, the country’s
Senate on Monday flagged the
constitutional provision that requires
the Senate to agree to the revocation of
any international treaty. Duterte
contends the Senate failed to publicize
its 2011 ratification of the treaty as
required by law, reports the Associated
Press.
 DECODING
• 1. What did you feel after reading the news article?
• 2. Is the move of President Duterte relevant to the country?
Why or why not?
• 3. Share with the class your impressions with the news article
presented.
• 4. As a Filipino citizen, would you support Duterte’s move of
withdrawing Philippines from ICC? Defend your answer.
 ADVANCING
• Globalization is a rich and a
broad concept and may be
defined in various
perspectives. It cannot be
denied that globalization
has made a tremendous
impact on the sovereign
state. Fowler and Bunck
(1996) emphasized that a
sovereign state has a territory,
the people, and a
government.
• Any state admitted as a
member of the United Nations
will be upon the decision of
the General Assembly as
recommended by the Security
Council. The United Nations
membership requirements are
(1) the state must be a peace-
loving state which accepts the
obligations contained in the
present Charter, and (2) in the
judgment of the Organization,
must be able and willing to carry
out these obligations.
• Chapter 2, Article 4 of the
United Nations Charter states
that only sovereign states can
become members of the United
Nations. Although all UN
members are fully sovereign
states at the present, the
Belarus, India, Philippines,
and Ukraine- four of the
original members- were not
independent at the time of their
admission in the organization.
 •Sovereign
• Sovereign states are experiencing increased
difficulties in supplying regulatory and
redistributive public goods and establishing
and enforcing property rights in the face of
relatively open trade, rapid information-
technology advances, and considerable states are
financial deregulation. Moreover, both
market relations and political
discontent with economic
experiencing
policies have virtually become
“borderless.”
increased
difficulties
• The international system has
now become less state-
centric that makes a way into
the political constitution of
domestic policies. Notably,
the advancements in
technology and its
innovations have increased
the speed of the migration
and transplantation of legal
rules and policies.
• Sovereignty is at the heart of
both public international law
and the legal constitution of
the state. Relevant changes
in the international system
definitely affect the shape
of sovereignty and the
future of the state law.
• However today, any
sovereign state cannot just
neglect issues that are
related to the interests of
the humanity, may they be
within the borders or outside
the borders of the state.
•Individuals and
• Individuals and groups enjoy greater recognition as
subjects of international law, as seen in the expansion of
legal regimes and enforceable mechanisms in the fields
of international human rights law, international refugee

groups enjoy law, international criminal law, and the like. Victor Peskin
observes that the United Nations Security
Council's ad hoc tribunals for the
greater former Yugoslavia and Rwanda
continued to trump state sovereignty
recognition as insofar as targeted states and all other
UN members were legally bound to
comply.
subjects of
international law
• However, the • However, the development of
international criminal tribunals
development of suggests a changing balance of
international criminal tribunal authority and state
sovereignty. He criticizes the
tribunals suggests a next generation of war crimes
changing balance of tribunals as supporting the
expansion of the influence of
tribunal authority and state judicial actors as well as
state sovereignty. the strengthening of the
doctrine of sovereignty.
•establishme
• The establishment of special
hybrid courts in Cambodia, East
Timor, Lebanon, and Sierra
nt of special Leone means that states no
longer see sovereign state law
alone as a sufficient means of
hybrid punishing serious war crimes.

courts
 • The decisions of international
• The decisions of judges and prosecutors now
permeate and shape the
international domestic criminal law of
these countries. William Burke-
judges and White further asserts that the
ICC has become part of a
prosecutors now system of multilevel global
governance through its
permeate and alteration of state preferences
and policies and its deterrence
shape the domestic of future crimes through judicial
and prosecutorial
criminal law of pronouncements.
these countries
• International law has evolved
into a central framework for
• International law has
the emergent system of evolved into a
global governance. This central framework
system supplies the normative
mechanisms for the for the emergent
establishment of IGOs and the system of global
facilitation of the international governance
response to issues as diverse
as nuclear proliferation, climate
change, ocean use, and the
functioning of the world trade
system.
• A sovereign state and its laws
are changing; they are
•transforming
transforming according to according to their
their relevance to the
international system. A state relevance to the
may, in some point in time, opt international
to comply with the international
and transnational standards. system
However, the adaptive power
of the state law should not be
underestimated.
• Generally speaking, the laws
that govern the sovereign
state are strong and flexible
enough to endure the many
challenges along the way.
Even with globalization
around, the laws are here to
stand firm on the political
influence over the lives of
sovereign state’s people
and the majority of peoples
around the globe. (e)
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