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Legal Committee Overlapping Jurisdiction of International Law - IDIA

Legal Committee Overlapping Jurisdiction of International Law - IDIA

Rutgers Model United

Rutgers Model United Nations 11 guarded against. If implemented on a broad scale by all states, these precautions could reduce the number of normative conflicts in international law. The Group also speaks at length about the hierarchies in the international law system. Although not equitable to domestic systems of law, certain international law does enjoy a higher status than other laws. These cases are often termed as either fundamental or basic “elementary considerations of humanity” 12 or “intransgressible principles of international law.” 13 Examples of these inherent international laws are bans on the slave trade, genocide, torture, and a nation’s rights to self determination. Also, the group continued to recognize the United Nations Charter and decisions of the Security Council as inviolably binding on member states, as the Charter itself states, “In the event of a conflict between the obligations of the Members of the United Nations under the … Charter and their obligations under any other international agreement, their obligations under the … Charter shall prevail.” 14 On 23 October, 2006, the Legal Committee of the General Assembly met to begin considering nine topics that the International Law Commission had studied in its previous session. 15 Among these topics was the fragmentation of international law. In the opening remarks of the session, many members of the Legal Committee spoke preliminarily regarding the topic. Many speakers praised and commended the International Law Commission for its extensive study of the topic and recognized that fragmentation merited further discussion. There was wide consensus on the nature of the issue of fragmentation. 16 Many speakers noted the various positive and negative effects that could emerge from fragmentation. 12 Corfu Channel case (United Kingdom v. Albania) I.C.J. Reports 1949, p. 22. 13 Legality of the Threat or Use of Nuclear Weapons case, Advisory Opinion, I.C.J. Reports 1996, para. 79. 14 The United Nations Charter, Article 103 15 “International Law Commission Called on to Consider Legal Consequences of Private Armies, Security Agencies Being Used in Armed Conflict,” US Fed News, 3 November 2006, Lexis-Nexis Academic, 16 Ibid

Rutgers Model United Nations 12 Millennium Development Goals – Successes and Failures In September 2000, 191 member states of the United Nations agreed to pursue solutions to the problems which most readily threatened the quality of life of people worldwide. Among these aims were the reduction of poverty, broadening children’s access to standard and higher level education, the improvement of healthcare and disease prevention and treatment, and the conservation of the environment. In all, states decided upon eight areas that were in dire need of improvement in order to promote basic human rights. The United Nations set specific benchmarks by which to measure their success and termed these aspirations the Millennium Development Goals. In declaring the Millennium Development Goals, participating nations emphasized the important role that the rule of law must play in bringing positive global change. The United Nations Millennium Declaration repeatedly references this important concept and holds that increased pressure should be placed on states to abide by international laws to which they are party. Furthermore, the declaration implores the expansion and increased adherence to international humanitarian and civil rights laws. Fragmentation plays an important role in the way this growth of international law will come about. The Millennium Development Goals discuss a wide variety of areas that can be improved by strengthening international law. Millennium Development Goals: The eight Millennium Development Goals (MDGs) – which range from halving extreme poverty to halting the spread of HIV/AIDS and providing universal primary education, all by the target date of 2015 – form a blueprint agreed to by all the world’s countries and all the world’s leading development institutions. They have galvanized unprecedented efforts to meet the needs of the world’s poorest. 1. Eradicate extreme poverty and hunger 2. Achieve universal primary education 3. Promote gender equality and empower women 4. Reduce child mortality 5. Improve maternal health 6. Combat HIV/AIDS, malaria and other diseases 7. Ensure environmental sustainability 8. Develop a global partnership for development As opposing laws are made by an increasingly large group of organizations and tribunals, this diversification, in some ways, threatens the ability to approach the Millennium Development Goals with the unity and single-minded purpose which the United Nations desires. It is important that this

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