Global Governance, Human Rights and International Law

Errol P. Mendes is a lawyer, author, professor, and has been an advisor to governments, corporations, civil society groups, and the United Nations in the areas of international law human rights, and global governance. He is the author and/or editor of eleven books dealing with the subjects as diverse as global governance, international human rights, labour standards, the International Criminal Court, and the Canadian Charter of Rights and Freedoms. He has also served as a Visiting Professional at the International Criminal Court in 2009. He was appointed as a Visiting Fellow at Harvard Law School in 2013 and a Visiting Scholar at Oxford University in 2021. He is a full professor of law at the University of Ottawa and President of the International Commission of Jurists, Canada.

CHAPTER 1






Combating the tragic flaw in the UN





The contested history of sovereignty and the promise of the Atlantic Charter



Birth of the United Nations: One step forward, two steps back



The evolution of the International Bill of Rights: rekindling the age of hope



U.N. legal standard-setting in human rights: more law, but less moral force



Genocide, the Cold War and complicity: the age of hypocrisy



The regional human rights regime in Europe: is the wait for justice over for Europe and
is it a model for the rest of the world?




The regional human rights system in the Americas



Human rights regional mechanisms in the Asia-Pacific regions



The African human rights system



After the Cold War: the era of television wars, genocides and virtual guilt



The Kosovo crisis, universal jurisdiction and the International Criminal Court:
turning points in the hold of the tragic flaw?




Universal jurisdiction; a success or failure in reducing the hold of the tragic flaw?



The International Criminal Court; sovereign powers uniting in the fight against
impunity for the most serious international crimes.




The responsibility to protect and the protection of civilians; the new normative
core of sovereignty as the legitimate exercise of power?




Conclusion: A Hegelian dialectic on the road to global justice and human right?



The "war on terror" and a re-invigorated tragic flaw








Seeking justice in global trade and economy
2.1 The evolution of the world trade regime; another area of global governance, another

tragic flaw.

2.2 Who and what killed the Doha Development Round?

2.3 The global trade regime; can it assist in promoting human rights and justice for the

global labour force?

2.3.1 Debating the duty to promote justice and fairness for the global labour force

between the WTO and the ILO

2.3.2 The ILO attempts to strengthen justice and fairness for the global labour force

2.3.3 Searching for the original vision of justice and human rights for global labour in

the ITO; Can labour standards provisions in bilateral free trade agreements play

a part?

2.4 In the long term do we survive? Trading off the environment.

2.5. Conclusion: solving the democratic deficit: a critical part of the long term

solution

2.6 The evolution and failures of the global financial system: a growing tragic flaw that

undermines fundamental principles of justice and human rights

2.6.1 The Bretton Woods System: the global financial system counterpart of the

Atlantic Charter

2.6.2 The financial tragic flaw undermines the Bretton Woods vision

2.6.3 The tragic flaws in the Bretton Woods system triggers recurrent global financial

crises and the urgent reforms to combat the tragic flaws

2.7. Conclusion: massive winners that thrive on the tragic flaws drive massive inequality

and instability in the global trade and financial systems










Corporate power and human rights





The transformation of global economic power: in search of power with



responsibility.

3.2 Case studies where corporate power is exercised without responsibility

3.2.1 Corruption

3.2.2 The health and safety of local communities: Bophal almost half a century later as a case

study.

3.2.3 The environmental impact of corporate activities: The failed $9.5 billion claim for damages

against Texaco/Chevron for environmental damage in Ecuador

3.2.4 The human rights impact of global private sector activities; a case study of Shell in Nigeria

3.3 The abuse of corporate Power: a direct or indirect role for

international law?

3.4 Moving from the absence of hard law to soft law: the Ruggie Framework

3.4.1 The state’s duty to protect

3.4.2 The corporate responsibility to respect

3.4.3 Access to an effective remedy

3.5 Human rights and corporate social responsibility in the global economy

3.5.1 Corporate codes

3.5.2 Sectorial and industry-wide initiatives (involving coalitions from civil society, states and the

private sector)

3.5.3 Multi-stakeholder transnational Initiatives

3.5.4 Global guidelines, standards and initiatives for corporate social responsibilities

3.5.5 Initiatives by multilateral organizations

3.6 The international legal duties of corporate officials and the global MNEs.

3.7. Conclusion; The MNE as the main beneficiary of globalization and global governance: why

the gap between power and responsibility must be bridged

4. The foundations of global pluralism as the next stage of global governance