A Need for Common Understanding: Peacebuilding Commission and Its Challenges

Muhadi Sugiono2

Department of International Relations/

Center for Security and Peace Studies

Gadjah Mada University

The Peacebuilding Commission was established on December 20^th, 2005 through a joint resolution of the UN Security Council (S/RES/1645) and the General Assembly (A/RES/60/180). Earlier this year, the Commission submitted a report to the General Assembly on its first year of operations done in two countries: Burundi and Siearra Leone (2007). In the report, the Peacebuilding Commission clearly indicates that the works of the Commission in the two countries have provided lessons learned for better peacebuilding policy and practice in the future. At the same time, the Commission also identifies serious challenges ahead. One of the most serious of them is how to encourage engagement of the wider but more cohesive stakeholders in the peacebuilding activities. This challenge, however, is not merely technical and organizational one. Underlying this challenge are conceptual, structural as well as practical issues. This paper deals only with the conceptual issue of the challenges facing the Peacebuilding Commission.

Peacebuilding is not a simple concept. As a consequence of more positive understanding of peace, peacebuilding is now not only associated with the efforts to bring about a condition without military or physical conflicts (negative peace), but also with those to end structural violence as well as to provide enabling conditions for individual development (positive peace). Peacebuilding consists of comprehensive activities with long term vision of stable and lasting peace. Instead of focusing on the conflict itself, peacebuilding must also necessarily deal with all the tasks intended to address problems commonly emerge in post-conflict or even preconflict environments.

While it is undoubtedly highly contested as a concept, peacebuilding has at least four components: security, political, economic development and justice, and reconciliation.

Security component of peacebuilding consists of activities intended to establish conditions within which those former conflicting parties as well as society in general can engage and interact with one another safely, confidently and non-violently. The essence of peacebuilding activity in relation to security is demilitarization of conflict through Disarmament, Demobilization and Reintegration. It has to bring about the decision of the combatants to forgo violence as a means either for change and to commit to peace. In other words, security aspect of peacebuilding is a ‘prerequisite’ for other aspects of peacebuilding (Solomon, 2005, p.19).

The very success of demilitarization, however, is closely related to other components of peacebuilding. As armed conflicts tend to bring social, political as well as economic benefits to particular groups of people, demilitarization will only be attractive to those groups as long as it is accompanied by incentives to compensate their lost of such benefits.

While security component is ‘an absolute prerequisite’ for peacebuilding, political component is necessary for the attainment of lasting peace. Political component of peacebuilding is intended to built or to change political institutions, mechanism and processes as a means to manage group conflict without using violent but using ‘authority and legitimacy’ (Cousins and Kumar, 2001, p. 12). The need to address political component of peacebuilding is based on two different arguments. First, the absence of viable political mechanism leads the conflicting parties to turn into violent means of resolving conflict. In such cases, peacebuilding must involve the design or the building of such political arrangement. Second, the presence of political arrangement which does not work properly is also one important cause of conflict. As such, peacebuilding should also open up the space for political change. In either case, the sensitivity to local or country specific context is required for a successful peacebuilding. There is no single political arrangement that suits all societies, not a particular form of democracy such as majoritarian democracy of the Westminster syste (Sisk, 1996, p. 29). A bottom up rather than top-down process of designing political arrangement, therefore, has a greater chance of success in the peacebuilding in terms of political component.

Economic component of peacebuilding means promoting peace through economic development. This has two complimentary purposes. First, activities of peacebuilding need to attract wider engagement of the people in the peace-time economy rather than war-time economy. It should also make war-time economy as impractical practices. In short, peacebuilding activities mean transforming the economy, from that of war-time to that of peace-time. It is important to note, however, that peacebuilding cannot achieve its goals unless economic issues are seriously addressed. This is for quite strong reason. As one report published by International Peace Academy notes, ‘the possession of arms is not just a function of ongoing insecurity but is also an important economic asset’ (International Peace Academy, 2003, p. 1). The consequence is that peacebuilding will undoubtedly be costly. But, maintaining conflict or war is still a lot more costly.

Finally, while peacebuilders’ attention tended to be focused on security, political as well as economic components of peacebuilding, no less important is the component of justice and reconciliation. This component, however, is the most neglected in the peacebuilding activities. As the end of war and conflict undoubtedly leaves behind broken and traumatized societies, ‘emotive, perceptual, social-psychological as well as spiritual dimensions’ of post-conflict societies must necessarily be addressed (Lederach, 1997, p. 29). 

Peacebuilding must be aimed promoting reconciliation not only among the conflicting parties, but among the wider parts of society in general. Reconciliation is a step towards the restoration and the rebuilding of war- or conflict-torn communities. The very success of reconciliation, however, presupposes that peacebuilding also addressed the issue of justice. The failure to address the issue of justice will hamper any peacebuilding efforts.

Given the complexity of the concept of peacebuilding, a common understanding is necessary for peacebuilding to succeed. This common understanding means that those engaged in the peacebuilding activities must depart from a common view of what peace is all about. Reflecting to the contemporary discussion of the notion of security, it is also important to provoke such debates on the meaning and the referent object of peace. At issues are two questions. The first question is related to the meaning of peace: what do we mean by peace?. The second question is related to the referent object of peace. Put simply, peace to whom?. While those engaged in peacebuilding seem to have reached common understanding of what constitutes peace,3 the answer to the question of the referent object of peace seem to be still debatable. As such, unless a common understanding on such issue is reached, it is still a long way to go until peacebuilding iniiatives can reach their desired goals.

References

Cousins, Elizabeth and Chetan Kumar,eds., Peacebuilding as Politics: Cultivating Peace in Fragile Societies, Boulder, Co.: Lynne Riener Publishers.

International Peace Academy, 2003, Transforming War Economics: Challenges for Peacemaking and Peacebuiding: Report of the 725^th Wilton Park Conference, New York, December.

Lederach, John Paul, 1997, Building Peace: Sustainable Reconciliation in Divided Societies, Washington, DC.: United States Institutes of Peace Pess. 

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DISPUTE RESOLUTION IN INTERNATIONAL TRADE

A. Preliminary

Transactions or trade links many forms, from which a relationship buying and selling of goods, shipping and receiving goods, the production of goods and services pursuant to acontract and others. All transactions are loaded with the potential to give birth to a dispute.Generally, trade disputes are often preceded by the settlement of disputes by negotiation.If the way of settlement negotiations fail or not work, then pursued other means such as thesettlement of disputes through the courts or arbitration. Submission of the dispute, either tocourt or to arbitration, often based on an agreement between the parties. Usual step taken is to make an agreement or enter into a dispute resolution clause in the contract oragreement that they make, either to court or arbitration body. The legal basis for thedispute resolution forum or agency that will handle the dispute is the agreement of the parties. The agreement was put either at the time the contract is signed or after thedispute arises. In addition to the forum of a court or arbitration, the parties may also submittheir disputes to alternative dispute resolution, commonly known as ADR (AlternativeDispute Resolution).

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B. The Parties in International Trade Dispute

As we all know that the subject of law in international trade law, namely the State, companies or individuals and others. In the following description, the parties to the discussion is limited to the merchant (individual or legal entity) and State. Due to the nature of international trade law is a cross-border, pembahasannyapun restricted only between traders and merchants, then merchants and foreign countries.

    1. Dispute Between Merchants and Traders.

Dispute between two traders is a dispute that often and most common. Disputes like this happen almost every day. The dispute was resolved through a variety of ways. The way the settlement is dependent on the freedom and the agreement of the parties.
Agreements and freedom of the forum court will determine who will resolve their dispute. In addition the agreement and this freedom will determine what law will be applied and implemented by the agency
courts adjudicate disputes. Agreements and freedom of the parties is an essential thing.Law respecting an agreement and freedoms. Of course, there is agreement and kebabasan limits. Usually the limits are not violated the Act and public order.

    2. Dispute Between Merchants and Foreign Countries

Disputes between traders and the State is also not an exception. Commercial contracts between merchants and the state already prevalent signed. Such contracts are usually in the amount (value) is relatively large. Problems may arise related to the concept of immunity of a State that is recognized by international law. The concept of immunity is most traders do not affect the decision to determine the settlement of disputes. The main problem is with the concept of this immunity, a State in any situation will never be tried before a foreign judicial bodies. Nevertheless, international law was flexible. International law does not recognize the attribute sematamata State as a subject of international law is perfect (par excellence). International law also respects individuals (traders) as a subject of international law is limited. Therefore, in developing international law imperii jure sense, the State acts in public in his capacity as a sovereign State, as well as gestiones jure, ie the actions of the State in civil or commercial areas. Therefore, such actions were none other than the State acts in its capacity as the peorangan (dealer or private), so that such actions could be considered as actions as appropriate ordinary traders. Therefore, such actions, which led to the dispute can be resolved before the general judicial bodies, arbitration and others. Instead countries who submitted a rebuttal that the judiciary has no jurisdiction to adjudicate the State as a party in a business dispute, are usually rejected.Judicial bodies generally embraced the concept of this gestiones jure.

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International Law and Human Rights

Typical Characteristics of International Law in general International law, traditionally understood as the law governing relations between states, using the norms that bind the country concerned, which agreed to voluntarily. Traditionally, international law, understood its existence, based on agreement and consensus that explicitly states otherwise agreed. M. Virally states, international law can also international political law, due to:

1.      1. Aimed at or intended for the benefit of that is essentially political. the interests of the state as a political entity;

2.      2. Formation depends on political will of the state;

3.      3. Embodied by the political organs, the state government, without having to be tested by an independent agency.

Another important feature of international law, no agency or institution that can do the imposition of compliance with existing international norms, although in its development, continues to created a variety of procedures for dispute settlement, if not met or complied with international obligations by a state against another, such as mediation mechanism,inquiry, conciliation, or arbitration. Sometimes, if there is no procedure that is acceptable and can resolve disputes effectively, a country or several countries, unilaterally conduct and use of armed violence.Since its establishment, the UN Charter, the use of armed force unilaterally by the state, it is forbidden to solve almost any problems that occur in the world. Usually done the application of sanctions despite treatment, or the imposition of sanctions also got a great mind. For example, the economic embargo sanctions, against countries that violate international agreements assessed, tnengundang polemic, because instead of the king resulted in a state apparatus, which has committed an offense, but also negative impact on residents or people in the country concerned. For the record, the United States-led military aggression and the countries of supporters, is a traditional form of settlement of world problems, which are prohibited by the Charter.
In particular, the United Nations, and international organizations generally, in its development has changed the nature of the traditional international law. In a forum organized by international organizations attended the state representatives to put forward the legal practices of the countries and can be used as a means of integrating opinion iuris. Such a forum could embody customary international law, even the forum of international organizations can directly shape the rules (treaties) international. By using the forum of international organizations, state representatives, can provide interpretation of treaty law, customary law and legal rules that apply generally. In addition, under an international organization, develops also new forms of international supervision and procedures for the peaceful settlement of disputes, primarily to obtain authority, if it involves independent experts. Act of coercion, in a certain scale, can be made possible by the Security Council, according to the rules contained in Chapter VII of the Charter PBB.Dalam terms, gross violations of human rights conducted by a state, then the Security Council to communicate with the UN human rights bodies may issue a resolution to formInternational Court of Justice, such as the International Tribunal for the Former Yugoslavia and International Tribunal for Rwanda.
Typical Characteristics of International Law for the Protection of Human Rights (Human Rights)General international law, just set the state as a subject of international law. International human rights law is different, although the international status of the individual as the subject has not been set perfectly, but international human rights law already recognizes individuals, as subjects of international law.As the subject of international law, individuals, in general, not act independently, because if there is a crime or violation of human rights, tnaka at least the state, placed in the entity responsible for the occurrence of crimes and violations of human rights, or at least, the state dap & rated was negligent in its international obligations to prevent the crimes committed, or otherwise the country where the crime can sue the parties who committed the crime.The development of international law, especially after World War 1, has conferred the status of the individual as an independent subject of international law in international legal order. The establishment of an international tribunal Nuremberg and Tokyo, has mendudukan individual, as a legal subject who prosecuted for war crimes. Furthermore, the individual in international law of human rights, in its development also can defend their rights directly, initially applicable law Erope society in the European Convention and the Convention applies in Amerika.Individu can defend himself, also known in the international civil service law .Individual recognition in international law of human rights, are also included in Article 14 of the Convention on the Elimination of Racial Discrimination, and the Optional Protocol to the International Covenant on Civil and Political Rights, which gives the right to petition or complaint procedure for individuals. Similarly, the right of workers to submit complaints set out in ILO conventions.These developments are developments that give hope, even if international law can not be separated with the interests of "politics" of the state. Likewise, the implementation of international procedures can not be separated, from the nature of politics. It can be said, great expectations arise, due to international human rights law has consistently set an international obligation for all countries to promote, respect, protect, fulfill, facilitate and provide civil rights, political rights, economic rights, social rights and cultural rights of every person and groups.System of international human rights law, also has resulted in the emergence of international corporate obligations to act in accordance with the norms and standards of human rights. In this context, it is important to note the latest developments, while the issuance of a resolution, adopted on August 13, 2003, which states the corporation trans / multinational corporations (TNCs / MNCs) need to be bound by international human rights law. However, this mechanism is still far from perfect, because the Sub-Commission has been able to conduct oversight of the problem In conclusion, the international law of human rights, it also gives great attention to non-governmental organizations (non-governmental Organisation) to take an active and involved in promotion and protection of human rights in the world. United Nations, can provide consultative status (consultative status) to non-governmental organizations, to engage in international forums that discuss issues and problems of human rights.

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Criminal Law: Selecting a Good Lawyer

If you have been charged with a crime, you want to retain a lawyer immediately. You will want someone who has expertise in criminal defense because it is a highly specialized area of the law.

If you can't afford to hire a lawyer in a criminal defense matter, a lawyer known as a "public defender" will be appointed for you. However, if you are looking to hire a criminal defense lawyer in private practice, one of the best places to start your search is here at lawyers.com.

You can do a free search to come up with a list of lawyers by using the Find A Lawyer search box that can be accessed anywhere on lawyers.com. (You should see a search box on the right side of your computer screen.)

If you do a seach for a criminal defense lawyer but don't pull up any names, expand your search to other nearby cities.Also, follow the search tips provided in response to your unsuccessful search, or click on Search Help.

Once you are able to pull up a list of lawyers, look at each lawyer's profile by clicking on his or her name, or by clicking on the link to "More info . . ." that appears next to each listing. If the lawyer has a Web site, check it out by clicking on the link provided in the profile.

Next, use the following guidelines to do some initial screening and narrow your list of lawyers down to three or four prospective candidates:

·         Look at biographical information, including whatever you can find on Web sites for the lawyers and their law firms. Do they appear to have expertise in the area of criminal law that you need? Do they have any information on their Web sites that is helpful to you? Do they belong to any reputable associations in the area of expertise that you need?

·         Use search engines to surf the Internet. Do searches under the name of each lawyer and his or her law firm. Can you find any articles, FAQ's or other informational pieces that the lawyer has done that give you a level of comfort?

·         Ask other people if they have heard of the lawyers and what they think about them.

·         Contact your state bar association or visit their Web site to find out if the lawyers are in good standing.

·         Check out the yellow pages of your telephone directory. Do the lawyers advertise? If so, do you find it compelling? Helpful? Tasteful?

·         Check out the online archives of your local newspaper. Has there been any publicity about the lawyers or the cases that they have handled?

·         Consider any special needs you have. For example, would you benefit from an attorney who speaks a language other than English?

Don't eliminate a lawyer just because he or she didn't have the time to meet with you on short notice. Good lawyers are busy so they may not be able to spend as much time as they would like with prospective clients.

Consider the lawyer's staff. Good lawyers have good people working with them and they may delegate a lot of responsibility to their staff. At a minimum, you should expect to be treated courteously and professionally by the staff in a lawyer's office.

Criminal defense lawyers will almost always charge by the hour, or by a flat fee that is payable up front. Rules of professional conduct for your state quite likely prohibit a lawyer from entering into a contingent fee agreement for a criminal action. Rates can be competitive so it may be to your benefit to shop around. However, lawyers with a good reputation in this area are going to charge more. With your freedom possibly on the line, it may be worthwhile to pay more for a lawyer or a law firm with a great reputation.

You will probably want to hire a lawyer with at least a few years of experience, and especially one with experience in the type of prosecution you are facing, like traffic offenses, drug crimes, sex offenses or white collar crimes.

Criminal cases are often resolved by plea agreements with the district attorney's office. This may require that the lawyer have a good working relationship with the prosecuting attorney, or to at least have a reputation that commands respect. Thus, you will want a lawyer who appears frequently in the jurisdiction your case is in: federal or state, and, if state, in the particular county where you are charged.

Look to see if a lawyer is affiliated with associations that cater to your needs, like the National Association of Criminal Defense Lawyers . Most states have state organizations that are similar, as do many large cities.

Unless there are special circumstances, you will want to hire a lawyer with a local office. Since many criminal matters might arise in a jurisdiction where you don't actually live, you may need to hire an attorney local to the criminal prosecution, rather than local to your home.

Before You Hire a Lawyer

·         Ask for references. You want to talk to people who could comment on the lawyer's skills and trustworthiness.

·         Ask for a copy of a firm brochure and promotional materials. If they are available, crosscheck these materials against other sources and references.

·         Ask to be provided with a copy of the lawyer's retainer agreement and have it explained to you before decide on retaining the lawyer or the lawyer's law firm. You may end up paying a lot of money to the lawyer so make sure you understand what you are signing up for.

·         Use your common sense and gut instincts to evaluate the remaining lawyers on your list. You'll want to be comfortable with the lawyer you hire. You will also want to choose the lawyer who you think will do the best job for you.

source: http://criminal.lawyers.com

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MULTILATERAL OR REGIONAL — WTO AND/OR FTAs?

By Michael Ewing-Chow

I. Introduction

A former professor of mine was fond of telling us, “Beware of men who ask

binary questions because such men already know the answers they want

to get”.

When Singapore first started negotiating our first free trade agree-ments (FTAs), there was fear and loathing from many quarters. Some felt

that we were undermining the multilateral process for trade liberalisation

represented by the WTO.1

Others were concerned that we were under-mining the regional economies by potentially allowing Trojans into the

ASEAN Free Trade Area (AFTA) by the backdoor.2

Both of these early criticisms were perhaps evidence of binary thinking

about trade liberalisation. Indeed, while most neo-classical economists

accept that there is a need to further the global trade liberalisation efforts,

how this should be done is less clear.

The indefinite suspension of the Doha round of world trade talks creates

big risks for the world economy. A new explosion of discriminatory bilat-eral and regional agreements is likely to substitute for global

liberalisation. This will inevitably erode the multilateral rules-based system

of the World Trade Organisation (WTO). The backlash against globalisa-tion will generate more protectionism in the vacuum left as momentum

toward wide-ranging reduction of barriers ceases, especially as the world

economy slows and global trade imbalances continue to rise. Financial

markets will become more unstable as international economic coopera-tion breaks down further.

Bergsten called upon APEC to launch a Free Trade Area of the Asia-Pacific

(FTAAP) initiative to provide:

a “plan B” to get world trade policy back on track — to spur the revival of

Doha, to offer an ambitious alternative to restart the process of liberali-sation on the widest possible basis if that primary goal fails, and to

counter the proliferation of preferential deals among small groups of

countries.

However, again, this statement perhaps evidences a binary approach to

trade liberalisation with the underlying assumption that it should be mul-tilateral in preference to regional or bilateral.

Unlike many trade law academics who cut their teeth in GATT or WTO

negotiations, my first introduction to trade negotiations occurred when I

was appointed as a consultant for Singapore’s early FTA negotiations right

after we had concluded our first one — the Agreement between New

Zealand and Singapore on a Closer Economic Partnership (ANZSCEP). In

particular, I became involved in the Mexico-Singapore FTA which unfortu-nately faced significant political hurdles when then Mexican President

Vicente Fox and his Alliance for Change took over from the more trade lib-eral government of President Ernesto Zedillo in December 2000.

258 Michael Ewing-Chow

Now, Singapore was not the only country to embark on FTA negotia-tions at that time. At the end of the 20th century, there was a surge in

bilateral FTAs following the failure of the Third WTO Ministerial

Conference held in Seattle in 1999 where an uneasy coalition of environ-mental and labour rights activists as well as protectionist lobby groups

caused a collapse in trade negotiations. During this time, Singapore also

embarked on a series of bilateral FTAs.

The official position was that

Singapore saw FTAs as possible complements to the multilateral trade lib-eralisation process offered by the WTO.

While I had no attachment to the WTO or the GATT, like many other

trade academics, I had some reservations as to the wisdom of the FTA ini-tiative, believing that Seattle was only a blip on the road to trade

liberalisation. I saw the value of having alternatives but I was somewhat con-cerned that we were acting prematurely and thus diverting our attention

from the main game of WTO negotiations. This changed after Cancun.

II. A Change of Views

The WTO Fifth Ministerial Conference in Cancun, held in September

2003, was tasked in the 2001 Doha Ministerial Declaration “to take stock of

progress in the negotiations, to provide any necessary political guidance,

and take decisions as necessary”. Sadly, the collapse of the talks on 14th

September meant that these three ends could not be satisfactorily

achieved.

Although it would appear from the WTO’s summary of the Conference

proceedings that the lack of agreement on modalities for the “Singapore

issues”

precipitated the collapse of the talks,

the chief reason behind the

collapse in Cancun was ultimately due to the lack of progress on reducing

Multilateral or Regional — WTO “and/or” FTAs? 


full document can be downloaded here

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