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4 - The Challenges in the Governance of Complementary Global Regimes

from PART II - THE GOVERNANCE OF COMPLEMENTARY GLOBAL REGIMES: CHALLENGES, OBSTACLES AND CONCERNS

Published online by Cambridge University Press:  15 December 2017

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Summary

PRELIMINARY REMARKS

The governance of complementary global regimes dealing with war and crime requires significant efforts from relevant stakeholders, such as States, regional and multilateral organizations and civil society, just to name a few. There are still several obstacles to centralize individuals in situations of war and crime. The accomplishment of sustainable peace in many of them is problematic. The deterrent impact deriving from the fight against impunity is not self-sufficient in such situations. The previous part of this study explored the global values and the requirement of an integrated approach of governance between frameworks fostering human security. Such an approach requires systemic changes at structural, normative and functional levels. The interaction between international governance institutions of complementary character is not configured by primary but only by secondary law. The secondary law regulates the operational activities in the field, or so-called arrangements and agreements, where international governance institutions of complementary nature are both involved. In such context, an integrated approach of governance based on compulsory cooperation is required. These issues will also be extensively discussed in the case studies dealt with in the third part of this study. The purpose of this part is to promote the idea of an effective interaction strategy between complementary global regimes according to the human security doctrine and the rule of law in international relations. Before the recommendations addressed to the decision-makers would take place in the last section of this chapter, the attempt now is to explore the main challenges, obstacles and concerns in the governance of complementary global regimes at structural, normative and functional levels.

This part underscores the fact that the key to solve some of the relevant gaps governing war and crime is seen in the interaction between global regimes of complementary character. Hopefully, political convergence will be found in the immediate, middle and long terms with mandatory cooperation in both referral and non-referral activity coming from the Security Council to the Court. Unfortunately, the transition of governance systems fostering human security is compromised by several factors. The three chapters of this part deal respectively with the challenges in the governance of complementary regimes, the structure and competence of their institutions, and the requirement of political convergence to become complementary in accordance with the constitution of the world community.

Type
Chapter
Information
The Governance of Complementary Global Regimes and the Pursuit of Human Security
The Interaction between the United Nations and the International Criminal Court
, pp. 137 - 176
Publisher: Intersentia
Print publication year: 2016

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