Cadmus

Author Archive

The Crisis of the Existing Global Paradigm of Governance and Political Economy

Abstract
This article seeks to underline the central challenges to world order that are outcomes of our current system of global, social, power and constitutional processes. The article outlines these major problems which it is suggested represent a crisis for the future trajectory of human survival and well-being. The paper then uses the problem of the emergence of transnational criminal activity in order to underline the limits of the current global paradigm of governance. In effect, in the criminal law context the jurisdiction of sovereign states to attack the problem of transnational crime is hedged with severe limitations. The most important of these limitations is the fact that the jurisdiction over crimes by sovereigns is limited by the territorial character of the definition of sovereignty. Thus a sovereign has a limited capacity to control and police criminal activity whose main locus of operation is generated outside of the territorial reach of the sovereign state. This essentially means that the element of global governance generates a juridical vacuum which permits organized crime to flourish outside of the boundaries of the state but at the same time, having the capacity to penetrate and corrupt the social, political and juridical processes of the sovereign state. The article explores the effort of the UN to provide some form of response to this crisis in the form of an international agreement. Read More

Global Governance: A New Paradigm for the Rule of Law

Abstract
This article seeks to appraise the Rule of Law in the context of international sovereignty and the growth of international non-governmental organizations. The article explores the meaning of the Rule of Law and suggests that it is better understood as a symbol representing the most basic values that underline our global constitutional system. When we relate the global Rule of Law to the values and the global constitutional framework, we recognize that the Rule of Law and the global constitution are better secured if their authority base can be strengthened. The obvious way this can be done is by strengthening the role of non-governmental organizations within the framework of global governance. If we see the Rule of Law as a defense and promotion of basic values, we may then pose the question about the Rule of Law as an agent of change in a novel developmental construct. Here the author notes that the dynamism of technological change will only increase in the future. But technological change will result in more use of technology and less employment. The question then is, should the benefits of technology not be shared with the workers as well? If that is true, one of the obvious benefits of technology in relation to labor is to reduce the number of hours or days that the worker has to work. Leisure time could result in an aggregate distribution of human happiness. It could evolve into an incentive to generate enhanced human co-creative activity. We could possibly even imagine a second renaissance in the impact of human imagination on society. A modern renaissance. In short, such a development could stimulate the evolution of a human rights based aesthetic.

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The Right to Development: Importance of Human and Social Capital as Human Rights Issues

Abstract

One of the most far-reaching decisions of the United Nations General Assembly was the adoption of the Declaration on the Right to Development in 1986. The Declaration was adopted with an expectation of optimism about progression to a new global economic dispensation. This did not happen. However, the Declaration remains an important symbol of global expectation. Notwithstanding it is an instrument that remains contested in many global fora. To the extent that the expectations of the Declaration received modest success, it is possible to explain this by the fact that the Declaration anticipated an economic theory that had not been intellectually and scholastically developed to make it work in practical policy arenas. On the other hand, a competing theory had evolved which embodied an import- ant level of intellectual coherence and was justified by a version of conventional economics that supported the political perspectives of the capital-intensive states and related interest groups. In this competitive universe of economic paradigms, the right to development initiative was seriously disadvantaged. However, things are changing today. Read More

Simulated ICJ Judgment: Revisiting the Lawfulness of the Threat or Use of Nuclear Weapons

Abstract
The author prepared this simulated judgment at the request of Cadmus editors to demonstrate that there is ample ground for revisiting and revising the landmark 1996 advisory opinion of the ICJ on the legality of nuclear weapons. The ICJ failed to anticipate the proliferation of nuclear weapons, which expands the evolution of the concept of sovereignty, the potential cataclysmic impact of nuclear war on climate change, the multiplication of nuclear-weapon-free zones as evidence of a widespread rejection, mounting evidence regarding the physical and psychological harm, and unwillingness of the nuclear weapons states to fulfill their obligations under the NPT. This article challenges the notion that a few sovereign states should be the sole arbiters of international law and affirms the legitimate claim of the global community of protection from the existential threat posed by nuclear weapons. The use or threat of use undermines foundational values of the international legal system and the specific rules of self-defense and humanitarian law. The contribution seeks to give an accentuated role for the explicit use of the fundamental values of international legal order, in crafting an innovative methodology for the formulation of the judgment. The very existence of these weapons undermines the rights of all of humanity. The ICJ should be moved to categorically declare the use and possession of nuclear weapons a crime against humanity. Read More

Human Rights, Liberty & Socio-Economic Justice: Economic Theory and the Ascent of Private Property Values

1. Introduction
In the Introduction to the first issue of CADMUS, Ivo Šlaus and Garry Jacobs essentially provide us with a reminder that the founders of modern economics were also important moral philosophers. Read More

Human Rights and Employment

In the development of internationally sanctioned standards for labor and employment there are some threshold considerations that must be taken into account. First, labor and employment rights generally fall within the category of social, cultural and political rights. This is to be distinguished from conventional, civil and political rights. Read More