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The world is changing dramatically, and international law must change with it. Sovereign States remain dominant, and power remains the determining factor of the current international order. International organizations still have to operate within their competence and are subject to the rule of strong States or majority votes. However, the content and procedures of future international law should also undergo structural changes, and must become international law that provides security and protection, and the United Nations must be at the forefront of the effectiveness of international law.
Threats to international security are constantly evolving
In the Commentary on the Charter of the United Nations (third edition), edited by Bruno Simma et al., the author cites former Secretary-General Kofi Annan's report "In larger freedom: towards development, security and human rights for all", which states: "In the twenty-first century, threats to peace and security include not only international wars and conflicts, but also internal violence, organized crime, terrorism, and weapons of mass destruction. The status of the basic unit of the system.
The author adds that international security requires a transformation of international relations so that countries can believe that peace will not be breached, or at least that the impact of a breach of peace will be limited. International security implies that States have both the right to use the relevant security regimes and the legal obligation to support them". The author further explains that the United Nations General Assembly (UNGA) has stated that the growing relationship between national security and international security requires a comprehensive and cooperative approach to international security. 2
"Traditionally, the concept of international security has been thought to be primarily concerned with national security issues. However, in recent years, a new concept of 'human security' has emerged. This concept holds that not only States and non-State actors may pose threats, but also the security of States and their peoples.
The author goes on to state that "international security can be promoted and achieved through various policies or measures, two of which are referred to in paragraph 1 [of Article 1 of the Charter], namely, effective collective measures for the prevention and removal of threats to the peace, for the suppression of acts of aggression or other breaches of the peace... Adjust or settle an international dispute or situation which is likely to undermine the peace.
What does the evolving threats to international security mean for the future of international law and international order? Nick Butler of the Institute for Policy Studies at King's College London discusses this issue in his article "Action on climate change is self-defence, not altruism" (Financial Times, October 20, 2015). He noted that in mid-October 2015, the French Senate and the Ministry of Defence jointly organized a seminar at the Saint-Cyr Military Academy in Paris, where military and civilian leaders debated the risks of climate change and the implications for defense and security. Many of the risks are well known, for example, the possibility of desertification in a particular area; There may be a lack of water, resulting in a poor harvest and an inability to supply food; It may cause flooding or sudden temperature rises; Diseases and epidemics can be spread through sewage.
The article argues that the description of climate "change" sounds too mild: temperatures will beThere was a gradual linear upward trend over several decades, eventually reaching 2°C above what we are used to. In fact, it would be more appropriate to say that the climate is "anomalous", that is, that the climate changes irregularly in one direction or another. This requires what the French call a green defense. A changing climate will lead to more migrations. In an era of globalization of tourism and trade, epidemics can spread rapidly. "Under these circumstances, it will be difficult to protect the security of the country and the security of Europe without actively intervening to address the source problem. This means that European countries, and perhaps others, will have to focus more on people and invest heavily in development processes that help manage risks and encourage local populations to stay rather than migrate." 5 Butler added that the French see climate change not only as a challenge to energy policy and environmental protection, but also as a major defense and security challenge. That's exactly right." 6 Challenges for the future of international conservation A month before Nick Butler's article on the concept of "green defence" was published, Royal Astronomer Martin Rees published an opinion piece in the Financial Times titled "Scientists and politicians must work together to protect life on Earth". 7 "Heat stroke is most common among people without air conditioning, cereal harvest failures affect people who can already afford food, and extreme weather events are most harmful to families with fragile homes... Climate change is increasingly destroying biodiversity, and the end result could be comparable to the five mass extinctions in Earth's history. Probably destroyed the Book of Life before it could be truly read...... To develop smart policies, we need the concerted efforts of scientists, economists and technologists, as well as the best knowledge of the 21st century. We need the firm determination of political leaders and the full support of the people for these policies. On 2 February 2011, United Nations Secretary-General Ban Ki-moon delivered a lecture entitled "Human Protection and the United Nations in the 21st Century" at the Cyril Foster Lecture Series at the University of Oxford. "The founding fathers of the United Nations understood that national sovereignty represented a responsibility to protect humanity from poverty, war and oppression," he said. As long as this responsibility is not discharged, the international community has a moral obligation to consider the responsibility to protect people. He admitted, "The protection of man is not simple, and it is not an easy task to accomplish. We don't always succeed. But we must keep working to make a difference. This is the responsibility of each of us, and it is also a collective responsibility. As Secretary-General, I and world leaders have a moral and political responsibility to protect humanity. Slowly, but without a doubt, through trial and error, we have learned to adapt to evolving circumstances in new ways using the tools given to us by the Charter. Protection of people. In addition to the immediate protection agenda," he continued, the UN also needs to address 'creeping loopholes': water scarcity, food insecurity, corruption, transnational crime, the impacts of climate change, which also expose humanity to the winds."It weakens society and sows the seeds of violence and conflict. In many cases, the impacts of climate change and water scarcity can lead to conflicts, regional conflicts, and even very serious ones. It is therefore not surprising that these topics on human security are on the agenda of peacebuilding, particularly of the Peacebuilding Commission. He acknowledged that "the United Nations recognizes that the protection of human beings is central to the purposes and principles of the United Nations." 10 If the challenge of international protection is to be met, the United Nations must radically change its approach. It takes a lot of courage. In his critically acclaimed book The World Order, Henry Kissinger said: "Nations will agree on breaches of the peace and are ready to take joint action to counter them." But history has proven that this idea is untenable...... At a time when international peace and security are most seriously threatened, collective security has proven to be dysfunctional on many occasions. Do you need more complex management?" 12 Kissinger did not take into account the evolving challenges to international security and human protection. Threats to international security and challenges to international protection will continue to evolve, both now and in the future, and the super-Power will have to recognize the need for United Nations action to save humanity and its homeland. We need to transform the United Nations into a system for maintaining public order, as the late Ian Brownlie put it: "The United Nations was designed to be a comprehensive system of public order. Despite some inherent weaknesses in multilateral decision-making, the United Nations is designed on the assumption that the United Nations has a monopoly on the use of force and has the primary responsibility to enforce action to deal with breaches of the peace, threats of peace, or acts of aggression. Individual Member States have the right to individual or collective self-defence. In the case of regional organizations, the power to enforce action should be delegated to the relevant organization by the Council under specific conditions. Enforcement action was supposed to refer to the use of force by the international community against a State, but in fact such use of force had become an authorization to a State to carry out a peacekeeping operation, but the peacekeeping operation required the consent of the State in which the peacekeeping operation was conducted. In recent years, the line between responsibility for peacekeeping and enforcement operations has been blurred, which has had some unfortunate results. [13] We need to transform international law into law dedicated to international security and protection. A new form of international law on security and protection has a basis for development, including: The functions of the Council under Chapter VII of the Charter of the United Nations: The Council must be transformed into the executive authority of the world. Functions of the Secretary-General of the United Nations under Article 99 of the Charter: The Secretary-General must, in accordance with Article 99 of the Charter, including through legal proceedings, request the Security Council to issue mandatory orders under Chapter VII of the Charter. The General Assembly's Recommendation Function and the Formation of Customary International Law: The Secretary-General must draw the attention of the General Assembly to threats to human security through his annual report to the General Assembly and to suggest standards that can be translated into customary international law through broad consensuspolicies and recommendations. The International Court of Justice clarifies the interpretive function of the role of law in the context of contemporary society: the Security Council and the General Assembly should use their functions to refer to the International Court of Justice an advisory opinion on the responsibility of States to cooperate with each other for the security and protection of humanity and its homeland. Also includes: Heads of United Nations agencies can provide security advice. The United Nations High Commissioner for Human Rights can issue a protection alert. Regional organizations can take security and protection action. Many scholars and practitioners believe that it is urgent to actively promote the revision of international law in key areas. In his recent book, The Unfinished Business: The United Nations and Global Environmental Governance, Ken Conca urged the international community to: Recognize that a safe and healthy environment is a human right. Recognition of external responsibility for protection. Integrate the Law with Development approach to stronger peace and rights practices. Enabling the UN Security Council to play a legitimate (and apparently limited) external function. Explore and take advantage of opportunities to build a peaceful environment. Rethinking and strengthening the UN's "system-wide" response to environmental issues. 14 Conclusion How can the international community reshape international law to meet the new challenges to security and human protection? First, the UN Security Council needs to urgently debate the need for a new type of international law on security and protection. Knowledgeable Council members can submit concept papers and lead such debates.