Ar C.J. Walsh Technical Blog – Registered Architect, Fire Engineer & Independent Technical/Building Controller …… International Expert on Accessibility (incl. Fire Safety & Evacuation) for ALL + 'Real' Sustainability Implementation ! …… NO ADS & NO AI HERE !!
2024-08-27: Have you – Yes YOU – ever noticed increasing references, over the past few years, to the International Rules-Based Order (RBO) in mainstream media … heavily promoted by USA and certain European political cliques ?
Are You Curious WHY ?
What is this #RBO ? Where are these Rules written down ?? Are they enforceable … and if yes, by what internationally agreed mechanism ???
How does the RBO relate, if at all, to the United Nations (#UN) Charter, International Law, the International Court of Justice (#ICJ), or the International Criminal Court (#ICC) ?
How were the #USA / #UK / #NATO able to justify the use of their illegal ‘shock and awe’ force against, for example, #Iraq (2003) … followed by #Libya (2011) and #Syria (2014) ?
How and why is the USA able to prop up and shield the Criminal Apartheid Racist State of #Israel – a Twisted Zionist Polity – and its political and military leaders from international accountability before the UN Security Council, the ICJ and the ICC … for War Crimes, Crimes Against Humanity and Genocide ?
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Read & Weep … Pay Attention & Be Warned …
A very interesting Editorial by John Dugard SC was published in 2023. He is a former Member of the UN International Law Commission, Judge ad hoc of the International Court of Justice, and UN Special Rapporteur on the Situation of Human Rights in the Occupied Palestinian Territories …
‘ The RBO is something other than International Law. It is an alternative regime outside the discipline of International Law which inevitably challenges and threatens International Law. Charitably it may be seen as an order comprising values of a liberal order. Less charitably, it may be seen as a competing order advocated by some Western states, particularly the United States of America, which seeks to impose the interpretation of International Law that best advances the interests of the West, particularly those of the United States of America. Unlike International Law, it does not seem to be a universal order. Instead, it is an order employed by the West, again particularly the United States of America, to ensure its dominance.’
[ Approved and proposed for signature, and ratification or accession, by U.N. General Assembly Resolution 260 A (III) of 9 December 1948. Entry into force: 12 January 1951, in accordance with article XIII. ]
The Contracting Parties,
Having considered the declaration made by the General Assembly of the United Nations in its Resolution 96 (I), dated 11 December 1946, that Genocide is a crime under international law, contrary to the spirit and aims of the United Nations and condemned by the civilized world,
Recognizing that at all periods of history, Genocide has inflicted great losses on humanity, and
Being convinced that, in order to liberate mankind from such an odious scourge, international co-operation is required,
Hereby agree as hereinafter provided:
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Article I
The Contracting Parties confirm that Genocide, whether committed in time of peace or in time of war, is a crime under international law which they undertake to prevent and to punish.
Article II
In the present Convention, Genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
(a) Killing members of the group ;
(b) Causing serious bodily or mental harm to members of the group ;
(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part ;
(d) Imposing measures intended to prevent births within the group ;
(e) Forcibly transferring children of the group to another group.
Article III
The following acts shall be punishable:
(a) Genocide ;
(b) Conspiracy to commit Genocide ;
(c) Direct and public incitement to commit Genocide ;
(d) Attempt to commit Genocide ;
(e) Complicity in Genocide.
Article IV
Persons committing Genocide or any of the other acts enumerated in article III shall be punished, whether they are constitutionally responsible rulers, public officials or private individuals.
Article V
The Contracting Parties undertake to enact, in accordance with their respective Constitutions, the necessary legislation to give effect to the provisions of the present Convention, and, in particular, to provide effective penalties for persons guilty of Genocide or any of the other acts enumerated in article III.
Article VI
Persons charged with Genocide or any of the other acts enumerated in article III shall be tried by a competent tribunal of the State in the territory of which the act was committed, or by such international penal tribunal as may have jurisdiction with respect to those Contracting Parties which shall have accepted its jurisdiction.
Article VII
Genocide and the other acts enumerated in article III shall not be considered as political crimes for the purpose of extradition.
The Contracting Parties pledge themselves in such cases to grant extradition in accordance with their laws and treaties in force.
Article VIII
Any Contracting Party may call upon the competent organs of the United Nations to take such action under the Charter of the United Nations as they consider appropriate for the prevention and suppression of acts of Genocide or any of the other acts enumerated in article III.
Article IX
Disputes between the Contracting Parties relating to the interpretation, application or fulfilment of the present Convention, including those relating to the responsibility of a State for Genocide or for any of the other acts enumerated in article III, shall be submitted to the International Court of Justice at the request of any of the parties to the dispute.
Article X
The present Convention, of which the Chinese, English, French, Russian and Spanish texts are equally authentic, shall bear the date of 9 December 1948.
Article XI
The present Convention shall be open until 31 December 1949 for signature on behalf of any Member of the United Nations and of any non-member State to which an invitation to sign has been addressed by the General Assembly.
The present Convention shall be ratified, and the instruments of ratification shall be deposited with the Secretary-General of the United Nations.
After 1 January 1950, the present Convention may be acceded to on behalf of any Member of the United Nations and of any non-member State which has received an invitation as aforesaid.
Instruments of accession shall be deposited with the Secretary-General of the United Nations.
Article XII
Any Contracting Party may at any time, by notification addressed to the Secretary-General of the United Nations, extend the application of the present Convention to all or any of the territories for the conduct of whose foreign relations that Contracting Party is responsible.
Article XIII
On the day when the first twenty instruments of ratification or accession have been deposited, the Secretary-General shall draw up a procès-verbal, and transmit a copy thereof to each Member of the United Nations and to each of the non-member States contemplated in article XI.
The present Convention shall come into force on the ninetieth day following the date of deposit of the twentieth instrument of ratification or accession.
Any ratification or accession effected subsequent to the latter date shall become effective on the ninetieth day following the deposit of the instrument of ratification or accession.
Article XIV
The present Convention shall remain in effect for a period of ten years as from the date of its coming into force.
It shall thereafter remain in force for successive periods of five years for such Contracting Parties as have not denounced it at least six months before the expiration of the current period.
Denunciation shall be effected by a written notification addressed to the Secretary-General of the United Nations.
Article XV
If, as a result of denunciations, the number of Parties to the present Convention should become less than sixteen, the Convention shall cease to be in force as from the date on which the last of these denunciations shall become effective.
Article XVI
A request for the revision of the present Convention may be made at any time by any Contracting Party by means of a notification in writing addressed to the Secretary-General.
The General Assembly shall decide upon the steps, if any, to be taken in respect of such request.
Article XVII
The Secretary-General of the United Nations shall notify all Members of the United Nations and the non-member States contemplated in article XI of the following:
(a) Signatures, ratifications and accessions received in accordance with article XI ;
(b) Notifications received in accordance with article XII ;
(c) The date upon which the present Convention comes into force in accordance with article XIII ;
(d) Denunciations received in accordance with article XIV ;
(e) The abrogation of the Convention in accordance with article XV ;
(f) Notifications received in accordance with article XVI.
Article XVIII
The original of the present Convention shall be deposited in the archives of the United Nations.
A certified copy of the Convention shall be transmitted to each Member of the United Nations and to each of the non-member States contemplated in article XI.
Article XIX
The present Convention shall be registered by the Secretary-General of the United Nations on the date of its coming into force.
2014-04-13:Further to the Post, dated 2013-01-13 …
There are many essential qualities and features belonging to and representative of a Sustainable Human Environment (including the Social, Built, Virtual and Economic Environments).As discussed here many times before … Accessibility-for-All is one fundamental attribute, under Social and Legal Aspects of Sustainable Human and Social Development.
Another fundamental attribute … Urban Resilience … is now moving centre stage in the world of International Construction Research & Practice.WHEN, not if … this concept is fully elaborated and understood, it will have a profound impact on All Tasks, Activities and Types of Performance in the Human Environment … under All Aspects of Sustainable Human and Social Development.
After working for many years on Climate Change, particularly Adaptation … it was quite natural for me to encounter the concept of Resilience.But the aim of a newly established Core Task Group within CIB (International Council for Research & Innovation in Building & Construction) is to widen out this concept to also include Severe Natural Events (e.g. earthquakes, typhoons, tsunamis), ComplexHumanitarian Emergencies, (e.g. regional famines, mass human migrations), Extreme Man-Made Events (e.g. 2001 WTC 9-11 Attack, 2008 Mumbai ‘Hive’ Attacks), and Hybrid Disasters (e.g. 2011 Fukushima Nuclear Incident) … to set down Resilience Benchmarks … and to produce Resilience Performance Indicators. An imposing challenge !
AND … as Urbanization is proceeding at such a rapid pace in the BRICS Countries (Brazil, Russia, India, China & South Africa) and throughout the rest of the Southern Hemisphere … ‘practical’ and ‘easily assimilated’ trans-disciplinary output from this CIB Task Group is urgently required.In other words, the work of the Task Group must not be permitted to become an exercise in long drawn out pure academic research … the clear focus must be on ‘real’ implementation … As Soon As Is Practicable !!
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A New and Updated Groundwork …
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SUSTAINABLE DESIGN
The ethical design response, in resilient built and/or wrought form, to the concept of Sustainable Human & Social Development.
SUSTAINABLE HUMAN & SOCIAL DEVELOPMENT
Development which meets the responsible needs, i.e. the human and social rights*, of this generation – without stealing the life and living resources from the next seven future generations.
*As defined in the 1948 Universal Declaration of Human Rights … and augmented by UN OHCHR Letter, dated 6 June 2013, on the Post-2015 Development Agenda.
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The CITY (as Region)
A geographical region, with open and flexible boundaries, consisting of:
(b)A large resident population of more than 500,000 people (social environment) ;
(c)A supporting hinterland of lands, waters and other natural resources (cultivated landscape) ;
together functioning as …
(i)a complex living system (analogous to, yet different from, other living systems such as ecosystems and organisms) ;and
(ii)a synergetic community capable of providing a high level of individual welfare, and social wellbeing for all of its inhabitants.
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SOCIAL WELLBEING
A general condition – in a community, society or culture – of health, happiness, creativity, responsible fulfilment, and sustainable development.
INDIVIDUAL WELFARE
A person’s general feeling of health, happiness and fulfilment.
HUMAN HEALTH
A state of complete physical, mental and social wellbeing, and not merely the absence of disease or infirmity.[World Health Organization]
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SOCIAL ENVIRONMENT
The complex network of real and virtual human interaction – at a communal or larger group level – which operates for reasons of tradition, culture, business, pleasure, information exchange, institutional organization, legal procedure, governance, human betterment, social progress and spiritual enlightenment, etc.
The social environment shapes, binds together, and directs the future development of the built and virtual environments.
BUILT ENVIRONMENT
Anywhere there is, or has been, a man-made or wrought (worked) intervention by humans in the natural environment, e.g. cities, towns, villages, rural settlements, service utilities, transport systems, roads, bridges, tunnels, and cultivated lands, lakes, rivers, coasts, seas, etc … including the virtual environment.
VIRTUAL ENVIRONMENT
A designed environment, electronically generated from within the built environment, which may have the appearance, form, functionality and impact – to the person perceiving and actually experiencing it – of a real, imagined and/or utopian world.
The virtual and built environments continue to merge into a new augmented reality.
ECONOMIC ENVIRONMENT
The intricate web of real and virtual human commercial activity – operating at micro and macro-economic levels – which facilitates, supports, but sometimes hampers or disrupts, human interaction in the social environment.
2009-03-06: In August 2008 … I travelled to Bengaluru (Bangalore), in the south of India, to attend a Fire Conference organized by the Fire & Safety Association of India (FSAI).A year earlier, I had been with them in Chennai (Madras), also in the south. My own father, Con, had been a teacher in the north of the country from about 1930 onwards, so I had always wanted to see the country for myself. He was caught there, by the way, during the 2nd World War and could only travel back home, to Ireland, in 1947.
Much to the amusement of local people, the means of transport I decided to use … guaranteeing a vivid experience of the varied local sights, sounds and smells … was an Auto-Rickshaw … a three-wheeled scooter, with an open yellow cab on the back.It is a common form of transport in the large cities of India. This was a serious effort … no messing around in the sealed cocoon of an air-conditioned taxi !
These 2 Photographs were taken during the rush hour traffic, early one morning, in Bengaluru. The roads were jammed solid with traffic … every type of vehicle … crawling along at a snail’s pace.The driver of my Auto-Rickshaw was bent over the handlebars … always coughing … heaving a loud, jagged-rough, deep cough …
Colour Photograph showing the View from Inside an Auto-Rickshaw during Morning Rush Hour Traffic in Bengaluru, Southern India. Click to enlarge. Photograph taken by CJ Walsh. 2008-08-07.
The reason for his coughing … you can see an actual pollution haze to the right of the frame below … a haze so thick, that it almost had to be parted with your hands in order to see ahead …
Colour Photograph showing the Pollution Haze during Morning Rush Hour Traffic in Bengaluru, Southern India. Click to enlarge. Photograph taken by CJ Walsh. 2008-08-07.
This is the reality of everyday life on the ground in one of the economically more advanced ‘developing’ countries – Brazil, Russia, India, China & South Africa (BRICS) – where far too many people are chasing the dream of our reality in Europe … a reality created from the plunder, over hundreds of years, of those same ‘developing’ countries.
This is why the European Union must lead by ‘real’ example when it comes to Climate Change Mitigation and Adaptation.But, is it ‘real’ ????
This is why Ireland must begin to properly face up to its responsibilities under Kyoto I, the EU 2020 Targets, and a probable Kyoto II International Agreement to be finalized in Copenhagen towards the end of 2009.
This is why the United States of America must stop prancing around our fragile planet like a spoiled, immature child … and engage seriously with the rest of us.We have lost all patience !
On 28th January 2009, the European Commission issued COM(2009) 39 final …
Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee & the Committee of the Regions – Towards a Comprehensive Climate Change Agreement in Copenhagen.
On Page 2 of the Communication, the Executive Summary commences …
‘ The successful conclusion of the international climate change negotiations in Copenhagen at the end of 2009 is a key priority for the European Union (EU).Now that the Climate & Energy package has been adopted, the EU must step up its contacts with third Countries, both in the UN context and beyond.’
A paragraph later, it continues …
‘ In order to limit the global average temperature increase to not more than 2°C above pre-industrial levels, developed countries as a group should reduce their emissions to 30% below 1990 levels in 2020. The EU has set the example by committing to a 20% reduction in its emissions compared to 1990 levels by 2020, irrespective of whether or not an international agreement is concluded. This is by far the most ambitious commitment by any country or group of countries in the world for the post-2012 period.
The EU is willing to go further and sign up to a 30% reduction target in the context of a sufficiently ambitious and comprehensive international agreement that provides for comparable reductions by other developed countries, and appropriate actions by developing countries. Developing countries as a group should limit the growth of their emissions to 15-30% below business as usual.’
