Pub Date : 2021-12-17DOI: 10.1163/18757413_02401003
Michael A. Greenop
Despite being an important source of supply for basic human needs and development, groundwater has been largely out of sight and out of mind. Activities worldwide are rapidly increasing the pressure on this important but invisible resource, causing quantity depletion and quality degradation. A significant development in the process of helping to make groundwater governance visible was the development in 2008 of the United Nations International Law Commission’s Draft Articles on Transboundary Aquifers. This article considers the implications of the Draft Articles from the perspective of international law, reflecting in particular on the overlap with the United Nations Convention on the Law of the Non- Navigational Uses of International Watercourses, the principle of limited sovereignty in the context of shared groundwater resources and the possible future form of the Draft Articles. It also considers the work of other international institutions which have supported the Commission’s work. This article concludes that the Draft Articles have struck the right balance and have provided an important step forward in helping to make this invisible resource visible in international law. This article has been prepared in anticipation of the 2022 UN World Water Day on ‘Groundwater: Making the Invisible Visible’ and the International Groundwater Resources Assessment Centre Groundwater Summit on 22–23 March 2022.
{"title":"The United Nations International Law Commission’s Draft Articles on Transboundary Aquifers","authors":"Michael A. Greenop","doi":"10.1163/18757413_02401003","DOIUrl":"https://doi.org/10.1163/18757413_02401003","url":null,"abstract":"Despite being an important source of supply for basic human needs and development, groundwater has been largely out of sight and out of mind. Activities worldwide are rapidly increasing the pressure on this important but invisible resource, causing quantity depletion and quality degradation. A significant development in the process of helping to make groundwater governance visible was the development in 2008 of the United Nations International Law Commission’s Draft Articles on Transboundary Aquifers. This article considers the implications of the Draft Articles from the perspective of international law, reflecting in particular on the overlap with the United Nations Convention on the Law of the Non- Navigational Uses of International Watercourses, the principle of limited sovereignty in the context of shared groundwater resources and the possible future form of the Draft Articles. It also considers the work of other international institutions which have supported the Commission’s work. This article concludes that the Draft Articles have struck the right balance and have provided an important step forward in helping to make this invisible resource visible in international law. This article has been prepared in anticipation of the 2022 UN World Water Day on ‘Groundwater: Making the Invisible Visible’ and the International Groundwater Resources Assessment Centre Groundwater Summit on 22–23 March 2022.","PeriodicalId":167092,"journal":{"name":"Max Planck Yearbook of United Nations Law Online","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115308710","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-12-17DOI: 10.1163/18757413_02401006
M. Pappa
United Nations Security Council Resolution 1325/ 2000 on Women, Peace and Security (‘unscr 1325’) has been hailed by States, scholars, and organisations concerned with gender equality. It was a major step towards the recognition of the nexus between gender, violence, and security and a beacon of women’s empowerment. Notwithstanding, it is not without contextual limitations. The security sector is faced with challenges that are not covered by the Resolution. These include non- war situations, such as security crises at sea. The rise of threats at sea (such as piracy, maritime terrorism, and irregular migration) has caused a rapid evolution of maritime security strategies. Still, important aspects are missing therefrom. Such is the treatment of gender – and more specifically, women. Despite their increasing presence in the maritime domain, women are not explicitly mentioned in the maritime affairs agenda. An analysis of some of the world’s most progressive maritime security frameworks (national, regional, and organisational) demonstrates that these are primarily concerned with state (rather than human) security and pay little or no attention to gender aspects. What is more, the international laws (the law of the sea, safety and security laws, human rights instruments, and humanitarian law conventions) that might fill this gap take a fragmented and ineffective approach towards women’s interests in the maritime domain. The gender blindness of the maritime sector may ultimately lead to bias against women, threatening gender equality. This article argues that unscr 1325 should be extended to maritime security contexts in order to advance women’s empowerment at sea.
{"title":"unscr 1325 and Maritime Security","authors":"M. Pappa","doi":"10.1163/18757413_02401006","DOIUrl":"https://doi.org/10.1163/18757413_02401006","url":null,"abstract":"United Nations Security Council Resolution 1325/ 2000 on Women, Peace and Security (‘unscr 1325’) has been hailed by States, scholars, and organisations concerned with gender equality. It was a major step towards the recognition of the nexus between gender, violence, and security and a beacon of women’s empowerment. Notwithstanding, it is not without contextual limitations. The security sector is faced with challenges that are not covered by the Resolution. These include non- war situations, such as security crises at sea. The rise of threats at sea (such as piracy, maritime terrorism, and irregular migration) has caused a rapid evolution of maritime security strategies. Still, important aspects are missing therefrom. Such is the treatment of gender – and more specifically, women. Despite their increasing presence in the maritime domain, women are not explicitly mentioned in the maritime affairs agenda. An analysis of some of the world’s most progressive maritime security frameworks (national, regional, and organisational) demonstrates that these are primarily concerned with state (rather than human) security and pay little or no attention to gender aspects. What is more, the international laws (the law of the sea, safety and security laws, human rights instruments, and humanitarian law conventions) that might fill this gap take a fragmented and ineffective approach towards women’s interests in the maritime domain. The gender blindness of the maritime sector may ultimately lead to bias against women, threatening gender equality. This article argues that unscr 1325 should be extended to maritime security contexts in order to advance women’s empowerment at sea.","PeriodicalId":167092,"journal":{"name":"Max Planck Yearbook of United Nations Law Online","volume":"51 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114853540","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-12-17DOI: 10.1163/18757413_02401002
Lorenzo Gasbarri
This paper aims to define the notion of institutional practice and it examines the extent to which United Nations organs and Member States can rely on and are limited by it. It describes all the normative theories involved, and proposes a simplified and comprehensive framework. The core argument is that institutional practice is less relevant than it seems in the first instance and, generally, it cannot do much by itself. It requires a further element to produce normative effects, whether in the form of Member States’ practice or other means of interpretation of the constitutive instrument. After a brief introduction, the second section focuses on what constitutes institutional practice, distinguishing between the problem of the acts that constitute practice and how they are attributed to the organisation. Section iii discusses its employment by the International Law Commission, which distinguishes ‘subsequent’ institutional practice as a means of interpretation of the constitutive instrument, ‘general’ institutional practice as an element of customary law, and ‘established’ institutional practice as a rule of the organisation. Finally, Section iv provides a general overview of the normative relevance of institutional practice. The Conclusion summarizes these main findings.
{"title":"The Notion of Institutional Practice in United Nations Law","authors":"Lorenzo Gasbarri","doi":"10.1163/18757413_02401002","DOIUrl":"https://doi.org/10.1163/18757413_02401002","url":null,"abstract":"This paper aims to define the notion of institutional practice and it examines the extent to which United Nations organs and Member States can rely on and are limited by it. It describes all the normative theories involved, and proposes a simplified and comprehensive framework. The core argument is that institutional practice is less relevant than it seems in the first instance and, generally, it cannot do much by itself. It requires a further element to produce normative effects, whether in the form of Member States’ practice or other means of interpretation of the constitutive instrument. After a brief introduction, the second section focuses on what constitutes institutional practice, distinguishing between the problem of the acts that constitute practice and how they are attributed to the organisation. Section iii discusses its employment by the International Law Commission, which distinguishes ‘subsequent’ institutional practice as a means of interpretation of the constitutive instrument, ‘general’ institutional practice as an element of customary law, and ‘established’ institutional practice as a rule of the organisation. Finally, Section iv provides a general overview of the normative relevance of institutional practice. The Conclusion summarizes these main findings.","PeriodicalId":167092,"journal":{"name":"Max Planck Yearbook of United Nations Law Online","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129885411","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-12-17DOI: 10.1163/18757413_02401012
F. Seatzu
Prior to the establishment of the Monitoring and Reporting Mechanism (‘mrm’) in 2005, conflict related violence against children was a largely unknown phenomenon in its real numbers and forms. This situation was rightly perceived as being unacceptable by several reports, including UN documents. Nevertheless, the establishment of mrm leaded to the introduction of a number of criteria and rules for the gathering and reporting of information and data on conflict related violence against children to the UN Security Council. It was generally believed that these innovations would enhance the fight against these acts of violence at UN level. This paper critically examines the various criteria and rules through which the mrm has contributed to the fight against violence towards children in armed conflict scenarios. It asserts that due the continued growth of episodes of violence against children, the benefits anticipated to reduce these odious forms of violence under mrm have remained elusive throughout the fifteen years since the mrm was established. The work advances a suggestion for the improvement of the operation and functioning of the mrm through the attribution of adjudication powers to this body.
{"title":"The Monitoring and Reporting Mechanism for Grave Violations of Children’s Rights","authors":"F. Seatzu","doi":"10.1163/18757413_02401012","DOIUrl":"https://doi.org/10.1163/18757413_02401012","url":null,"abstract":"Prior to the establishment of the Monitoring and Reporting Mechanism (‘mrm’) in 2005, conflict related violence against children was a largely unknown phenomenon in its real numbers and forms. This situation was rightly perceived as being unacceptable by several reports, including UN documents. Nevertheless, the establishment of mrm leaded to the introduction of a number of criteria and rules for the gathering and reporting of information and data on conflict related violence against children to the UN Security Council. It was generally believed that these innovations would enhance the fight against these acts of violence at UN level. This paper critically examines the various criteria and rules through which the mrm has contributed to the fight against violence towards children in armed conflict scenarios. It asserts that due the continued growth of episodes of violence against children, the benefits anticipated to reduce these odious forms of violence under mrm have remained elusive throughout the fifteen years since the mrm was established. The work advances a suggestion for the improvement of the operation and functioning of the mrm through the attribution of adjudication powers to this body.","PeriodicalId":167092,"journal":{"name":"Max Planck Yearbook of United Nations Law Online","volume":"45 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116371126","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-12-03DOI: 10.1163/18757413_023001001
Editors Max Planck Yearbook of United Natio
{"title":"Preliminary Material","authors":"Editors Max Planck Yearbook of United Natio","doi":"10.1163/18757413_023001001","DOIUrl":"https://doi.org/10.1163/18757413_023001001","url":null,"abstract":"","PeriodicalId":167092,"journal":{"name":"Max Planck Yearbook of United Nations Law Online","volume":"75 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126191799","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-10-07DOI: 10.1163/18757413_022001012
Mohamed Riyad M. Almosly
The current era is witnessing a proliferation of challenges of a transnational character that do not recognize the geographical limits of sovereign States, such as human traficking and pollution. Therefore, States have to establish new regional cooperative methods to find effective solutions for these challenges. Although the Maghreb States (i.e. Algeria, Libya, Mauritania, Morocco and Tunisia) have been suffering from the negative impacts of such challenges over the last few decades, they have not yet created an effective regional cooperative framework. In this respect, since its establishment in 1989 among the Maghreb States, the Arab Maghreb Union (AMU, Union) has not been successful in stimulating Maghreb regional integration. The current study addresses a topic that has not yet been fully exploited by legal studies in the English language. It examines, first, the genesis and institutional structure of the AMU as well as the constitutional aspects of the 1989 AMU Treaty; second, the role of the EU’s multilateral and bilateral instruments in promoting Maghreb regional integration; and third, the dispute on Western Sahara between Morocco and the Polisario Front and its effect on Maghreb regional integration. The article concludes that Maghreb regional integration has so far failed due to the institutional and constitutional limits of the AMU Treaty and the political division among the Maghreb States resulting from the Western Sahara conflict. In addition, the EU so far has not followed a consistent and single approach in promoting the Maghreb integration nor did it play any role in solving the dispute on Western Sahara.
{"title":"The Institutional and Constitutional Aspects of the Arab Maghreb Union and the Dispute on Western Sahara as an Obstacle: What Role does the European Union Play in Promoting Maghreb Regional Integration?","authors":"Mohamed Riyad M. Almosly","doi":"10.1163/18757413_022001012","DOIUrl":"https://doi.org/10.1163/18757413_022001012","url":null,"abstract":"The current era is witnessing a proliferation of challenges of a transnational character that do not recognize the geographical limits of sovereign States, such as human traficking and pollution. Therefore, States have to establish new regional cooperative methods to find effective solutions for these challenges. Although the Maghreb States (i.e. Algeria, Libya, Mauritania, Morocco and Tunisia) have been suffering from the negative impacts of such challenges over the last few decades, they have not yet created an effective regional cooperative framework. In this respect, since its establishment in 1989 among the Maghreb States, the Arab Maghreb Union (AMU, Union) has not been successful in stimulating Maghreb regional integration. The current study addresses a topic that has not yet been fully exploited by legal studies in the English language. It examines, first, the genesis and institutional structure of the AMU as well as the constitutional aspects of the 1989 AMU Treaty; second, the role of the EU’s multilateral and bilateral instruments in promoting Maghreb regional integration; and third, the dispute on Western Sahara between Morocco and the Polisario Front and its effect on Maghreb regional integration. The article concludes that Maghreb regional integration has so far failed due to the institutional and constitutional limits of the AMU Treaty and the political division among the Maghreb States resulting from the Western Sahara conflict. In addition, the EU so far has not followed a consistent and single approach in promoting the Maghreb integration nor did it play any role in solving the dispute on Western Sahara.","PeriodicalId":167092,"journal":{"name":"Max Planck Yearbook of United Nations Law Online","volume":"68 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-10-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114140809","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-10-07DOI: 10.1163/18757413_022001005
A. Carcano
This article reviews the recent effort of the Assembly of States Parties to the Rome Statute (ASP) to measure the performance of the International Criminal Court (ICC) through the identification of goals and performance indicators. Upon an analysis of the various performance indicators reports prepared by the ICC and pertinent scholarly contributions, it offers a critical review of the ASP’s endeavour. While appreciating the usefulness of the large amount of information collected by the ICC in the said reports, it argues that the turn to managerialism brought about by the ASP’s endeavour, while laudable in many respects, may constitute an encroachment on the exercise of the judicial function if not properly handled through a closer coordination with the goals set in the ICC Statute. It may, in fact, amount to ‘micromanagement’ with the consequence of diverting the ASP’s attention from the more pressing task of developing—20 years after the signing of the Rome Statute—an innovative vision of the ICC’s role for the next (20) years.
{"title":"On the Governance of International Judicial Institutions: The Development of Performance Indicators for the International Criminal Court","authors":"A. Carcano","doi":"10.1163/18757413_022001005","DOIUrl":"https://doi.org/10.1163/18757413_022001005","url":null,"abstract":"This article reviews the recent effort of the Assembly of States Parties to the Rome Statute (ASP) to measure the performance of the International Criminal Court (ICC) through the identification of goals and performance indicators. Upon an analysis of the various performance indicators reports prepared by the ICC and pertinent scholarly contributions, it offers a critical review of the ASP’s endeavour. While appreciating the usefulness of the large amount of information collected by the ICC in the said reports, it argues that the turn to managerialism brought about by the ASP’s endeavour, while laudable in many respects, may constitute an encroachment on the exercise of the judicial function if not properly handled through a closer coordination with the goals set in the ICC Statute. It may, in fact, amount to ‘micromanagement’ with the consequence of diverting the ASP’s attention from the more pressing task of developing—20 years after the signing of the Rome Statute—an innovative vision of the ICC’s role for the next (20) years.","PeriodicalId":167092,"journal":{"name":"Max Planck Yearbook of United Nations Law Online","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-10-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128786224","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-10-07DOI: 10.1163/18757413-02201001
Editors Max Planck Yearbook of United Natio
{"title":"Preliminary Material","authors":"Editors Max Planck Yearbook of United Natio","doi":"10.1163/18757413-02201001","DOIUrl":"https://doi.org/10.1163/18757413-02201001","url":null,"abstract":"","PeriodicalId":167092,"journal":{"name":"Max Planck Yearbook of United Nations Law Online","volume":"83 1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-10-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125983182","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-10-07DOI: 10.1163/18757413_022001009
Volker Roeben
This article is a plea for adopting a reinvigorated, analytic perspective on contemporary international law, building on MacCormick’s powerful insights into law’s essential structure. The article proposes that international law as whole forms an institutional normative order. The idea of institutional normative order has certain conditions. These link a normative conception of international law with the means of achieving it. The article makes three arguments on these conditions. It first argues that the function of international law is to create order in the sense of orderliness for its principal users, States and international organizations. It then claims that international law establishes normative order through international rules that are binding from the viewpoint of States and international organizations. An international process of rule-making embedded in State practice turns norms into such rules. The process is being held as a bindingness-creating mechanism because it formalizes rules through recognized means and organizes collective consent to authorize them. States and international organizations then apply these rules by exercising international legal powers under a defeasible presumption of legality. Third, the article argues that this normative order becomes institutionalized. The institutions of international law are grounded in ideas about agencies, arrangements, and master-norms that integrate the mass of international rules and principles. The article exemplifies these arguments for UN-driven international law with the relating recent jurisprudence of the International Court of Justice (ICJ), the International Tribunal for the Law of the Sea (ITLOS) and Annex vii tribunals, and the Court of Justice of the European Union. The upshot of this idea of international law as institutional normative order is unity, or indeed a system. No part of international law can be seen outside of this context and hence the burden of argumentation is on those wishing to make the case for divergence.
{"title":"Institutions of International Law: How International Law Secures Orderliness in International Affairs","authors":"Volker Roeben","doi":"10.1163/18757413_022001009","DOIUrl":"https://doi.org/10.1163/18757413_022001009","url":null,"abstract":"This article is a plea for adopting a reinvigorated, analytic perspective on contemporary international law, building on MacCormick’s powerful insights into law’s essential structure. The article proposes that international law as whole forms an institutional normative order. The idea of institutional normative order has certain conditions. These link a normative conception of international law with the means of achieving it. The article makes three arguments on these conditions. It first argues that the function of international law is to create order in the sense of orderliness for its principal users, States and international organizations. It then claims that international law establishes normative order through international rules that are binding from the viewpoint of States and international organizations. An international process of rule-making embedded in State practice turns norms into such rules. The process is being held as a bindingness-creating mechanism because it formalizes rules through recognized means and organizes collective consent to authorize them. States and international organizations then apply these rules by exercising international legal powers under a defeasible presumption of legality. Third, the article argues that this normative order becomes institutionalized. The institutions of international law are grounded in ideas about agencies, arrangements, and master-norms that integrate the mass of international rules and principles. The article exemplifies these arguments for UN-driven international law with the relating recent jurisprudence of the International Court of Justice (ICJ), the International Tribunal for the Law of the Sea (ITLOS) and Annex vii tribunals, and the Court of Justice of the European Union. The upshot of this idea of international law as institutional normative order is unity, or indeed a system. No part of international law can be seen outside of this context and hence the burden of argumentation is on those wishing to make the case for divergence.","PeriodicalId":167092,"journal":{"name":"Max Planck Yearbook of United Nations Law Online","volume":"61 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-10-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124654722","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-10-07DOI: 10.1163/18757413_022001008
Frauke Lachenmann
The negotiation process of the Sustainable Development Goals (SDGS) process was extremely ambitious. It sought to remedy all the shortcomings of the Millennium Development Goals (MDGS) by ensuring transparency, ownership of the countries of the Global South, strong involvement of civil society groups and stakeholders, and creating a truly transformative set of sustainable development goals. Yet, it did not manage to avoid all the mistakes that were characteristic of the formulation of the MDGS. In addition, it struggled with its very own problems. The article traces the developments and debates that led to the formulation of Goal 16 on the rule of law. It shows that the success of this ambitious goal largely depends on the refinement of the indicator framework and the review mechanism.
{"title":"Sustainable Development Goal 16 at a Cross-Roads","authors":"Frauke Lachenmann","doi":"10.1163/18757413_022001008","DOIUrl":"https://doi.org/10.1163/18757413_022001008","url":null,"abstract":"The negotiation process of the Sustainable Development Goals (SDGS) process was extremely ambitious. It sought to remedy all the shortcomings of the Millennium Development Goals (MDGS) by ensuring transparency, ownership of the countries of the Global South, strong involvement of civil society groups and stakeholders, and creating a truly transformative set of sustainable development goals. Yet, it did not manage to avoid all the mistakes that were characteristic of the formulation of the MDGS. In addition, it struggled with its very own problems.\u0000The article traces the developments and debates that led to the formulation of Goal 16 on the rule of law. It shows that the success of this ambitious goal largely depends on the refinement of the indicator framework and the review mechanism.","PeriodicalId":167092,"journal":{"name":"Max Planck Yearbook of United Nations Law Online","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-10-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130958807","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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