Constitution Making under UN Auspices

This book scrutinizes UNCA and its off-shoot, UN/International Territorial Administration (ITA), including their historical origins and revival from 1960 to 2019.

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Author: Vijayashri Sripati

Publisher: Oxford University Press

ISBN: 9780199098361

Category: Law

Page: 504

View: 436

In 1949, United Nations Constitutional Assistance (UNCA) was conceived to promote the Western liberal constitution. This was colonial trusteeship. However, in 1960, as a step towards decolonization, the United Nations General Assembly rejected internationalized constitution-making, and, by extension, UNCA. All colonies acquired the right to draft their own constitutions without any international assistance. Nonetheless, in the same year, UNCA was revived and since then it has helped over 40 developing sovereign states to adopt the Western liberal constitution, for the aims of building peace, preventing conflict, and promoting good governance in these independent states. This book scrutinizes UNCA and its off-shoot, UN/International Territorial Administration (ITA), including their historical origins and revival from 1960 to 2019. Sripati argues that although the United Nations (UN) uses UNCA to help developing sovereign states secure debt relief, it undertakes UNCA to ‘modernize’ them with a view to ‘strengthen’ their supposedly weakened sovereignty. By doing so, the UN is seeking these states’ adoption of a Western liberal-style constitution, thus violating their right to self-determination. The book shows how UNCA sires and guides UN (legislative) assistance in all state-sectors: security, judicial, electoral, commercial, parliamentary, public administration, and criminal. Irrespective of UNCA’s benevolent motivations, such intrusive interventions impose the old forms of domination and perpetuate global inequality.

Constitution making Under UN Auspices

Why? A comprehensive study on UNCA, this book shows that based on the UN's official statements, UNCA works ostensibly to 'modernise' poor states.

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Author: Vijayashri Sripati

Publisher:

ISBN: 0199098379

Category: Constitutional history

Page: 320

View: 152

Post 1960, all colonies enjoyed the right to sculpt their own constitutions without international assistance. Yet, from 1960-2018, over poor 40 sovereign states have adopted with United Nations Constitutional Assistance (UNCA) the Western liberal constitution. Why? A comprehensive study on UNCA, this book shows that based on the UN's official statements, UNCA works ostensibly to 'modernise' poor states. However, this results in an investor-friendly environment that largely benefits powerful transnational interests, only to secure debt-relief. Thus, political control that they experienced when they were colonies, continues in this post-colonial era.

Constitutional Foundings in South Asia

In this context, the making of the founding Constitution was largely participatory
and inclusive. ... See further V Sripati, Constitution-Making under UN Auspices:
Fostering Dependency in Sovereign Lands (New York, Oxford University Press, ...

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Author: Kevin YL Tan

Publisher: Bloomsbury Publishing

ISBN: 9781509930272

Category: Law

Page: 240

View: 522

This volume addresses the idea of origins, how things are formed, and how they relate to their present and future in terms of 'constitution-making' which is a continuous process in South Asian states. It examines the drafting, nature, core values and roles of the first modern constitutions during the founding of the eight modern nation-states in South Asia. The book looks at the constitutions of Afghanistan, Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan and Sri Lanka. It provides an explanatory description of the process and substantive inputs in the making of the first constitutions of these nations; it sets out to analyse the internal and external (including intra-regional) forces surrounding the making of these constitutions; and it sets out theoretical constructions of models to conceptualise the nature and role of the first constitutions (including constituent documents) in the founding of the modern nation-states and their subsequent impact on state-building in the region.

Die Konstitution des Friedens als Rechtsordnung

And since this process took place under the auspices of the UN the
constitutionmakers were under considerable ... of Human Rights of 194832 b )
But not only in the newly independent states was there a need for constitution -
making .

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Author: Jost Delbrück

Publisher:

ISBN: IND:30000047083575

Category: Human rights

Page: 348

View: 249

Independent Namibia

... April 1989 and, passing through various stages, the elections to the
Constituent Assembly were held under UN auspices from 7 to 11 ... Constitution-
making in a colonial territory should reflect the aspirations and political culture of
its people.

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Author: Vijay Gupta

Publisher: Stosius Incorporated/Advent Books Division

ISBN: UCAL:B3838446

Category: Namibia

Page: 204

View: 753

Sigma

Efforts since 1993 , chiefly under UN auspices , to work towards a political
settlement , in accordance with various UN proposals , have not achieved much
progress . ... There is a chance to make progress before the Presidential
elections due in Cyprus in February 1998 . ... A number of options for
constitutional and territorial arrangements to implement it have been explored ,
and the beginnings of a ...

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Author:

Publisher:

ISBN: UCBK:C069075731

Category: European Economic Community countries

Page:

View: 963

Dynamics of Political Change in Kashmir

On the other hand Lord Mountbatten proposed that the plebiscite be conducted
under UN auspices . ... Constitution , D . D . Basu makes lucidly clear the position
of Kashmir in relation to India in juristic sense under the shadow of Article 370 of
 ...

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Author: D. N. Dhar

Publisher: Kanishka Publishers Distributors

ISBN: UOM:39015051484981

Category: Jammu and Kashmir (India)

Page: 368

View: 548

The Author In This Book Has With The Help Of Dependable Evidence, Very Skilfully Shown How Landed Interests Played The Pivotal Role During Ancient, Medieval Times And Modern Times In Kashmir.

The Economist

THE WORLD THIS WEEK The Economist Politics and Current Affairs Europe
voted might not come into force un - | | rebel - held areas in ... and poclear
weapons . could not guarantee their litical matters ” . safety ; Im Angolans were
left Italy ' s constitutional court without food aid . ... The North is suspected of
making a nuclear weapon . ... in Tuidea of a small standing milinis that the
mastary force to operate under sacres in Rwanda were “ a UN auspices . severe
rebuke ” to them all .

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Author:

Publisher:

ISBN: UOM:39015025742696

Category: Commerce

Page:

View: 881

Chronology of International Events and Documents

Before , however , their independence can be recognized they must adopt a
constitution , make to the United Nations a ... period the United Kingdom shall
carry on the administration of Palestine under the auspices of the United Nations
.

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Author: Royal Institute of International Affairs

Publisher:

ISBN: UOM:39015039446912

Category: History, Modern

Page:

View: 277

Whither India After Independence

... countries to get the accession dispute settled by the method of a free and
impartial plebiscite under U.N. auspices ? ... It is relevent here to make a
reference to Article 370 of the Indian Constitution which despite the concerted
efforts of the ...

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Author: Prem Nath Bazaz

Publisher: New Delhi : Pamposh Publications

ISBN: UOM:39015008288311

Category: India

Page: 279

View: 767

Daily Report West Europe

You might include this condition in the first decision if the Security Council should
not make a decision during a certain period ... It is possible for you to adopt
decisions on every issue with a two - thirds majority in the Bundestag , which is
required for an amendment to the Constitution . ... Let me first talk about UN blue
beret missions : According to our draft law , they should be allowed under UN
auspices ...

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Author:

Publisher:

ISBN: UIUC:30112106670992

Category: Europe

Page:

View: 403

Current Notes on International Affairs

Before , however , their independence can be recognized , they must adopt a
constitution , make to the United Nations a ... A. During the transitional period ,
the United Kingdom shall carry on the administration of Palestine under the
auspices ...

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Author:

Publisher:

ISBN: UCAL:B3509702

Category: Australia

Page:

View: 772

Resolving the Security Dilemma in Europe

Many observers felt that the moment had arrived , and that the FRG should
participate fully in the UN - imposed blockade of ... November , whilst making
sure to emphasize that such a change to Germany ' s constitution could only be
made by politicians and not the military . ... but merely on the grounds that any
involvement of German troops beyond the NATO area should take place under
UN auspices .

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Author: Bjørn Møller

Publisher: Brassey's

ISBN: UOM:39015024815998

Category: Political Science

Page: 339

View: 544

For the first time since the beginning of the Cold War more than 40 years ago, the political determinants of military security in Europe are changing much more quickly than the technological ones. Non-offensive defence is now a more acceptable strategy than it was before, and this book points towards realistic solutions to the problems of excessive dependence on nuclear weapons and/or self-defeating offensive force structures. The ideas examined are especially important for British and American audiences since the Anglo-Saxon countries are the ones most wedded to NATO orthodoxy and therefore the slowest to react to the current wave of change.

The Encyclopedia Americana

The constitution of the latter lays down in detail the procedure for drafting both
conventions and recommendations. In the United ... The records of conferences
held under United Nations auspices are published by the Secretariat. Language
— ...

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Author:

Publisher:

ISBN: UOM:39015053781715

Category: Encyclopedias and dictionaries

Page:

View: 372

Official Report of Debates

Nevertheless , they are continuing under the auspices of the United Nations . ...
the Secretary General of the United Nations , who met President Kyprianou last
Sunday in a recent effort to make progress ... and in particular its right to cultural
identity , even though it is denied these rights under the new Turkish Constitution
.

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Author: Council of Europe. Parliamentary Assembly

Publisher:

ISBN: PSU:000009278608

Category: Europe

Page:

View: 798

Newsbrief

Neither group commands the two thirds majority required to alter the constitution
in the way that they wish and , as a result , are stalemated in this respect . ... the
government is doing precisely this by committing Bundeswehrtroops to
humanitarian activities abroad under the aegis of ... August that combat missions
under UN auspices , and with attendant conditions and restrictions , might be
palatable after ...

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Author:

Publisher:

ISBN: UVA:X002128320

Category: Military art and science

Page:

View: 410

Asia Pacific Defence Reporter

Out of the shadows towards greater self - reliance By Peter Polomka Constitution
, even though , in the past , such ... But the SDPJ now supports the fullest
possible involvment in non - combat peacekeeping roles under UN auspices . ...
But about half of these worry that Japan will come under sustained pressure from
Western powers to take on military peacekeeping and peacemaking roles that
breach ...

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Author:

Publisher:

ISBN: STANFORD:36105070682930

Category: Australia

Page:

View: 536

Challenges of Conventional Arms Control

It said Varosha should be resettled under UN auspices . The Greek - Cypriots
objected to the constitutional arrangements , while the Turkish - Cypriots rejected
its suggestions on territory and security . ... provinces and a federal district with
two administrative districts making up the northern province and four in the south
.

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Author: Klaus Wittmann

Publisher:

ISBN: UIUC:30112006657867

Category: Arms control

Page: 96

View: 867

Journal of Korean Affairs

... under the Second Republic , the policy of unification under U.N. auspices and
under the South Korean constitutional process ... the closed system allows a
lesser degree of external influences into the domestic decision - making process .

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Author:

Publisher:

ISBN: UCAL:B3635963

Category:

Page:

View: 602