Ambassador Tuvako Manongi, Chair of the Sixth Committee of the General Assembly speaking over the weekend at the Annual Session of Asian-African Legal Consultative Organization on the Theme: International Law Today: Perspective and Challenges. In his address Ambassador Manongi said, most if not all developing countries see international law as an important tool or enabler of development. To read more click here
A cross - section of some Legal Exparts who attedend and participated at the Annua Session of Asian- African Lengal Consultative Orgazation, the meeting was held over the weekend at the United Nations
THEME: INTERNATIONAL LAW TODAY: PERSPECTIVES AND CHALLENGES
REMARKS BY AMBASSADOR TUVAKO N. MANONGI, CHAIR OF THE SIXTH COMMITTEE AT THE ANNUAL SESSION OF ASIAN-AFRICAN LEGAL CONSULTATIVE ORGANISATION
FRIDAY, 24 OCTOBER 2014
I am pleased to be associated with the annual meeting of the Asian-African Legal Consultative Organization (AALCO), on the sidelines of the annual session of the United Nations General Assembly, in my capacity as Chair of the Sixth Committee.
This meeting offers an important opportunity to reflect on the current state of international law, perspectives and challenges. I have been invited to speak on developing countries and international law.
The development of International law is one of the primary goals of the United Nations. It is a means to attain the fundamental goals of the UN Charter in the fields of peace and security, human rights and sustainable development.
Consequently, the UN has played a major role in defining, codifying, and expanding the realm of international law – which defines the legal responsibilities of states in their conduct with each other, and their treatment of individuals within state boundaries. Today, in an increasingly multi-polar world driven by the forces of globalization, States have become even more inter-dependent, and the role of international law – public and private - even more important.
First, it is worth noting that most - if not all - developing countries see international law as an important tool or enabler of development. It was therefore no coincidence that the scope and magnitude of the role of law - both at the national and international levels - became part of the discourse at the Open Working Group on Sustainable Development Goals. This discussion will no doubt dominate the post- 2015 development discussions.
In this context, developing countries acknowledge that one of the greatest challenges to performance, apart from the means of implementation, is delivery. They thus recognize that law and justice concepts can be harnessed to improve development delivery. If properly designed and implemented, law and justice mechanisms can make a difference. These countries see legal values as a foundation for engendering greater impact on development. Proposed Goal 16, speaks to this perspective, namely: "Promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels"
Second, international law is considered as the only viable means to ensure a common denominator on how to regulate the conduct of States and other actors. Today, there is virtually no area of international interest, which is not, in one way or another, governed by international law. Indeed, in many areas international law has reached far into the domestic affairs of States. Today, Governments can be held accountable for human rights violations and individuals can be tried for violations of international criminal law. These developments would not have been possible without the support of developing countries.
Third, there is a large measure of confidence that developing countries have rejuvenated the theory of the source of international law. The law of treaties, for instance, has known major evolutions under the influence of newly independent States, eager to defend their sovereignty, to ensure equality in the negotiation of international conventions and to subject international treaties to a number of fundamental principles. At the same time, the law of treaties has become more flexible in order to adjust to new realities of the world.
One example of this evolution of law on reservations to treaties, an area no more characterized by rigidity it had before the Second World War. Furthermore, international treaty obligations no longer apply uniformly to all countries, regardless of their specific circumstances. In some instances, exceptions have been employed in multilateral treaties for the benefit of developing countries. This is a clear achievement of the international law of development, which is particularly prominent in international trade and environmental treaties. Customary law has been revisited in order to achieve a more respected and universal legal order.
Finally, from the perspective of developing countries, international law has a key role to play particularly in this era of globalization. The counties have called for strong international institutions, a favorable external environment, and effective instruments with firm legal foundations. These elements are meant to provide developing countries with the necessary protection and enabling means to ensure that global economic interdependence will reduce poverty and close gaps within and between nations. Therefore support in terms of capacity building and technical assistance in the attempt to enhance national legislative capabilities is of high importance.
Ladies and Gentlemen,
The contribution of the developing countries to the institutions of international law has equally been important. The new independent States have had influence in the activities of the General Assembly and its Sixth Committee in particular, as well as the work of the International Law Commission or the International Court of Justice. The composition of the ILC, ITLOS and ICJ has become more representative of the Community of States and eminent jurists from developing countries have served in these institutions, and continue to do so.
It is also to be noted that judicial settlement is today one of the most dynamic modes of peaceful resolution of international disputes, and that most of the cases involve one or more developing countries. This demonstrates the commitment of these States to international law and international justice. It also affirms that developing countries consider cotemporary international law as a protective set of rules of principles.
In conclusion, and to summarize the great achievements made by developing countries to international law, allow me to quote Dr. Chen Tiqiang:
"In every stage in history, new forces asserted themselves, and manifested themselves in new principles, norms, rules and institutions. We now have a system which is connected with European culture and tradition and facts of life in the past but is essentially a reflection of the world order of today".
I thank you
