Open-ended Working Group Research Articles

From science-policy interface to science-policy panel: The United Nations’ strengthening of the sustainable life cycle management of chemicals

In recent years, the chemical production and waste generation have been rapidly increasing, presenting substantial hazards to the ecosystem and human well-being. To address this issue, a series of multilateral environmental agreements (MEAs) have been developed internationally, that provide essential decision-making support for the appropriate governance of chemicals and wastes in the participating countries. MEAs have established subsidiary bodies known as science-policy interface (SPI) institutions to provide evidence-based support and scientific assessments for environmental policies. However, the existing SPIs face limitations that hinder their ability to tackle the obstacles presented by the vast quantities of chemicals and wastes currently found in the environment. Therefore, the fifth session of the United Nations Environment Assembly made the decision to establish a science-policy panel to promote the effective management of chemicals and waste and to prevent pollution (SPP-CWP). This panel is intended to be an independent intergovernmental body, similar to the Intergovernmental Panel on Climate Change and Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services. The United Nations Environment Programme convened an ad hoc open-ended working group (OEWG) to design strategies for the SPP-CWP. Since 2022, three OEWG meetings have been conducted, and draft documents outlining the panel's scope, functions, operational principles, conflict of interest policy, institutional setup, work processes, and procedures have been formulated. In this article, we analyzed the background and development of the SPP-CWP and provided updates regarding the progress of the panel's establishment. We also suggested future trends for the SPP-CWP. We concluded that SPP-CWP will be a comprehensive and authoritative international body, providing policymakers with exhaustive reports, consequently strengthening the capacity of life cycle management of chemicals. Thus, the panel will effectively reduce or prevent waste production and pollution, promote material circulation, and minimize resource consumption, making significant contributions to the establishment of a circular economy and an environmentally friendly society.

IUPAC´s Role in UN Panel on Chemicals, Waste, and Pollution Prevention

Abstract The United Nations Environment Assembly (UNEA), in its Resolution 5/8, decided on the creation of the Intergovernmental Panel on Chemicals, Waste, and Pollution Prevention (IPCP) [1]. This resolution stated that a science-policy panel should be established to contribute further to the sound management of chemicals and waste, prevent pollution, and to convene—subject to the availability of resources—an ad hoc Open-Ended Working Group (OEWG). The OEWG started its work in 2022, with the ambition of completing it by the end of 2024 [2]. The next steps for this OEWG include the establishment of the panel, the selection of panel members, and the development of the assessment process. The panel members will be selected based on their expertise in the field of chemical pollution and their ability to provide a balanced and objective assessment of the state of chemical pollution. The assessment process will include a comprehensive review of the scientific literature, as well as input from stakeholders.

The Open-Ended Working Group on Reducing Space Threats Through Norms, Rules and Principles of Responsible Behaviours: The Journey so Far, and the Road Ahead

Aware of the critical importance of outer space for humankind, the international community has ascertained the need for a secure and peaceful domain, and has proposed multiple mechanisms to achieve this goal, with varying degrees of success. The United Nations open-ended working group (OEWG) on reducing space threats through norms, rules and principles of responsible behaviours, convened under General Assembly resolution 76/231 is the latest effort to agree on space security mechanisms. With an open and inclusive approach to address the issue of space threats to space systems that brings together perspectives heretofore considered incompatible, this process presents a new chance for the international community to build the common understanding necessary to achieve space security. This article provides insight into the OEWG: how it came to be, its journey so far, and the road ahead. OEWG, space threats, space security, United Nations

The Prospects of an International Treaty on Plastic Pollution

Abstract On 2 March 2022, the United Nations Environment Assembly to the United Nations Environment Program (UNEP) requested the Executive Director of UNEP to convene an international negotiating committee towards the negotiation of an international legally binding instrument on plastics by 2024. This article examines some of the proposed elements of such an instrument and outlines the next steps that can be expected in the negotiations. It also reflects on the results of the ad hoc open-ended working group to prepare for the work of the intergovernmental negotiating committee to develop an international legally binding instrument on plastic pollution, including in the marine environment, which was convened in Dakar, Senegal, from 30 May to 1 June 2022. Ensuring legal certainty of key features of the new agreement, such as the circular economy and support for developing countries and countries with economies in transition, will be subject to particular scrutiny.

Achieving global biodiversity goals by 2050 requires urgent and integrated actions

Achieving global biodiversity goals by 2050 requires urgent and integrated actions

The (im)possibilities of addressing election interference and the public core of the internet in the UN GGE and OEWG: a mid-process assessment

ABSTRACT This paper investigates whether and how the twin UN processes of the UN Group of Governmental Experts (UN GGE) and the Open-Ended Working Group (OEWG) are willing and able to address two ‘below-the-threshold’ problems in their deliberations. The call for the protection of the public core of the internet and the call for the protection against foreign election interference have been flagged by many state and non-state parties for consideration by both processes. This paper analyses the threats that the vulnerability of the public core of the internet and foreign election interference pose for stability in cyberspace, as well as the legal and normative proposals that have been suggested to promote responsible state behaviour. On the basis of the public documents that states have submitted to the more transparent OEWG process, the contours are sketched of what the inclusion of these issues in possible consensus reports for both processes may look like. The OEWG concluded its deliberations with a consensus report that addresses some aspects of these issues, shifting the task of further elaboration and guidance firstly onto the ongoing UN GGE process, as well as onto the new OEWG 2021–2025 and other UN processes that are emerging.

Look south: challenges and opportunities for the ‘rules of the road’ for cyberspace in ASEAN and the AU

ABSTRACT As the inaugural United Nations Open-Ended Working Group (UN OEWG) has not significantly updated nor advanced the ‘rules of the road’ for cyberspace, regional organizations such as the Association of Southeast Asian Nations (ASEAN) and the African Union (AU) provide additional venues wherein deliberations can continue among a smaller group of states. Several ASEAN and AU member states are also active participants at the UN OEWG. Nonetheless, questions remain on how and where agreement on international law and cyber norms at the regional level can be achieved. To assess the challenges and opportunities for progress, this paper examines the public positions of two ASEAN member states, Indonesia and Singapore, and two AU member states, Kenya and South Africa, during the 2019–2021 UN OEWG meetings and situates them in their respective regions. We argue that substantial progress at the regional level is challenging to achieve, due to varying attitudes and levels of technological development among states, long-standing concerns over state sovereignty, and the vital role that a highly motivated and well-resourced regional actor plays in championing the cause. Opportunities exist, however, in that ASEAN and the AU provide paths for leveraging existing partnerships on cybersecurity and building trust in the region.

Idea entrepreneurs: The United Nations Open-Ended Working Group & cybersecurity

The United Nations OEWG (Open Ended Working Group) focused on cybersecurity provides the context for an examination of idea entrepreneurship regarding the role of nonstate actors and the concepts of human rights, gender and sustainable development against the backdrop of a global pandemic and increasing cybersecurity challenges. Crafting a cross-disciplinary conceptual framework based upon a review of relevant literatures, this study uses archival and content analysis to highlight those organizations serving as idea entrepreneurs and those contesting such ideas. Findings include the presence of key divides among idea entrepreneur organizations (including among nation-state organizations themselves) as well as key linkages among a ‘galaxy’ or interconnection of ideas forged with potential to bridge such divides. Additionally, mention of the pandemic emerges as a factor catalyzing idea entrepreneurship with a focus on critical infrastructures.

The missing piece in human-centric approaches to cybernorms implementation: the role of civil society

ABSTRACT The importance of a human-centric approach to peace and security in cyberspace has been consistently noted in cybernorms discussions, including in the UN First Committee’s Open-Ended Working Group on ICTs. However, an analysis of what a human-centric approach to implementing cybernorms means in practice has so far been lacking. Furthermore, literature and discussions about the role of cybernorms in maintaining international peace and security have, to date, dealt mainly with the role of state actors and the private sector, while the role of civil society has not been widely or adequately researched and documented. This article posits that civil society actors, working in collaboration with other stakeholders, have an important role to play in defining and implementing the human-centric approach to cybersecurity through their implementation of cybernorms. It unpacks the human-centric approach through three practical case studies and examples of the implementation of cybernorms grounded in different contexts. In this way, it aims to contribute to the understanding of what it means to implement cybernorms in a human-centric manner, and, by extension, to implement a human-centric approach to cybersecurity.

A Global Environmental Pact and Ecological Civilization

Abstract A draft instrument, entitled a Global Pact for the Environment, was launched in Paris in June 2017, which subsequently resulted in a series of UN General Assembly resolutions, a Report by the UN Secretary General, and a report and recommendations by a specifically established ad hoc open-ended working group. Together, these processes identified a range of gaps in existing international environmental law, instruments, and governance. Though this global pact process was a significant milestone in recognising the need for improved global environmental governance, a new ‘umbrella’ international environmental law agreement such as a pact or similar—has not yet been recommended. This article argues that the time for a legally binding global pact is premature. In support of this contention, this article examines the causes leading to the current stage of the process. It does so by analysing the main disagreements and key issues that arose during three substantive meetings of an ad hoc open-ended working group in 2019. It also analyses the content of UNGA’s 2019 Resolution 73/333, which adopted the report of the working group, and considers the implications of this for the future development of the draft Global Pact. China’s growing role as an important advocate for global environmental governance is illustrated by its active engagement in the negotiation process for the Global Pact. It is suggested that China’s future participation in any follow-up negotiations relating to the Global Pact should be actively pursued, with specific reference to the concept of ecological civilization and its potentially important conceptual contribution to the substance of the final negotiation document. This would also reflect China’s commitment to the development of an ecological civilization on a global basis.

The vital role of international law in the framework for responsible state behaviour in cyberspace

ABSTRACT This article explores the importance of international law in debates about responsible behaviour in cyberspace – in providing a rules-based framework, in legitimising states’ actions in response to unlawful activity in cyberspace by other states, and in lending normative force to statements calling out malicious cyber activity. At the same time, the article seeks to highlight the challenges involved in applying international law, and uses the application of two peacetime precepts of international law – the principle of sovereignty and the principle of non-intervention in other states’ internal affairs – to illustrate some of the doctrinal issues with which states are grappling. While acknowledging these challenges, the article concludes that even if the UN parallel processes in the form of the Open Ended Working Group and Group of Government Experts do not result in substantial agreement between states on issues of international law, the debates in themselves are valuable in encouraging states to deliberate on these issues and to make their views public. By publicising their views, states add momentum to the journey towards cyber-specific understandings of international law.

El Consejo de Seguridad de Naciones Unidas y Siria: del descrédito a la renovación

A causa de la guerra en Siria se han multiplicado las llamadas que, desde hace varios años, se levantan pidiendo la reforma del Consejo de Seguridad. Algunos países y algunos dirigentes han comenzado a mostrar un desacuerdo más nítido que hace unas décadas tomando decisiones o haciendo declaraciones que afectan a dimensiones esenciales del mismo. Temas como la representatividad equitativa, el aumento del número de sus miembros o la cuestión del veto son algunos de los que llevan tiempo debatiéndose en ámbitos como el Open Ended Working Group o las Intergovernmental Negotiations. En este artículo presentamos, en una primera parte, una descripción de las propuestas de reforma, intentadas desde hace 25 años hasta el momento, en su afán de mejorar algunos aspectos del Consejo de Seguridad y ofrecemos, en una segunda parte, unas consideraciones finales que se desprenden de lo expuesto.

Information and telecommunications diplomacy in the context of international security at the United Nations

PurposeThe development of technologies for the conduct of cyber operations represents an opportunity for states to defend their interests in international relations but also bears risks and challenges. Since the early 2000s, the United Nations “group of governmental experts (GGE) on developments in the field of information and telecommunications in the context of international security” debates on this issue. This paper aims to investigate how states are challenged in the development of international cyber norms and where capacity to act is idle, i.e. to assess how much has been reached in the international community’s debate on cyber threats and malicious behaviors in the international security context and to identify directions to move GGE work further.Design/methodology/approachThe methodology uses an extensive text-based desk research and relies on a thorough collection, analysis and interpretation of the United Nations (UNs) documents. When specific substantial topics are addressed in the GGE, the content of the debate was confronted with issue-specific academic literature on those matters.FindingsThe results highlight that the GGE managed to gather consensus on a number of cooperation and normative measures in this politically highly sensitive topic and more deliverables are expected during this and next year. The paper identifies a weakness in terms of operational implementation though. The paper proposes a few examples of concrete headways that could complement existing consensus, especially on the implementation side.Originality/valueBecause of its political sensitivity, the GGE has worked with discretion and has attracted little academic attention. This paper is an original and timely attempt to assess the achievements and possible outlook of this endeavor of the international community, including the incipient work of a recently established open-ended working group. It also attempts to connect the subject matter discussed in the UN with related academic literature, including in respect of definitional and conceptual issues.

Проблема международной информационной безопасности в ООН

Information and communication technologies (ICTs) have transformed society and the economy and expanded opportunities for international cooperation. However, the unique capabilities of ICTs are used not only for the common good of humanity. Today, we are talking about an accelerated increase in threats in the information and cyberspace. Many states consider them as additional, but often these are the main spaces for military-political confrontation. Thus, the issues of inadmissibility of application of ICTs with military and political purposes for realization of hostile actions and acts of aggression are critically urgent acute. For this reason, the task of ensuring international information security has become part of the agenda for one of the six main committees of the UN General Assembly (UNGA) – the First Committee, where states investigate threats to peace, seek for ways to promote global security and disarmament. Discussion on international information security issues within this Committee plays a crucial role and requires a deep analysis by the scientific and expert community. The article presents the results of this analysis, starting from 1998, when the problem of international information security was first discussed at the UN on the initiative of Russia. The study identifies and investigates the possibilities and prospects of implementing the main goal in the process of ensuring international information security: namely, the creation of an international legal regime to ban the development, production and use of information and cyber weapons. In addition, this paper includes the results of a study on the UN work and prospects for its success in maintaining international information security in a new format: within the framework of the Open Ended Working Group (OEWG) organized in 2019 at the suggestion of Russia, and the UN Group of Governmental Experts (GGE) proposed by the United States. The output of both groups is going to have a significant impact on information security trends and policies on a global scale. Therefore, a timely scientific analysis of the issue, current challenges and threats, as well as the forecast of trends and prospects for enhancing international information security, presented in the article, are currently among the most relevant tasks.

Derechos humanos de las personas mayores: un nuevo reto para el siglo XXI en el sistema universal de Naciones Unidas

This monography focuses on specific aspects of equality and non-discrimination relating to older persons as well as on the forms of negligence, violence and abuse they may experience. Categories and levels are defined, accompanied by a wide range of cases taken from empiric evidence in each of the themes requested as inputs for the United Nations Open-Ended Working Group on Ageing. An extensive revision is also carried out of the United Nations international system for human rights promotion and protection, by identifying how older persons have been considered in the provisions of the United Nations different covenants and conventions, regarding matters such as equality, non-discrimination and protection against any form of negligence, violence and abuse, and, in general, in its contents applicable to older people. This article also discusses the 2030 Agenda and its relation to the human rights of older persons. Lastly, reflections and conclusions are included regarding the legal status of older persons within the current international system for the promotion and protection of human rights. At the end, the question is raised on whether there are concrete and specific advantages in place for States to enshrine the human rights model for older persons.

An international monitoring system for verification to support both the treaty on the prohibition of nuclear weapons and the nonproliferation treaty

ABSTRACTThe Treaty on the Prohibition of Nuclear Weapons calls for states to meet regularly to consider measures for the verified, time-bound and irreversible elimination of nuclear weapon programs. Key to this effort is mapping a comprehensive set of nuclear weapon program indicators and further developing international capacity to monitor them. Distinct from the deadlocked Conference on Disarmament, this new forum will have an opportunity to examine and elaborate disarmament verification concepts. One relevant concept is an international monitoring system for nuclear disarmament and nonproliferation verification (NDN-IMS), elaborated from a proposal most recently noted by the United Nations Open-ended Working Group (A/71/371). As a flexible framework, an NDN-IMS, could help unite diverse technologies and mechanisms around the purpose of disarmament verification in ways that support the existing nonproliferation regime and the Nuclear Nonproliferation Treaty. Elements could include satellite imagery from new constellations, wide area environmental sampling, and civil society reporting.

THE BRICS COMMITMENT IN THE PROMOTION OF EQUALITY BETWEEN WOMEN AND MEN: ANALYSIS FROM THE HUMAN RIGHTS AND PEACE PERSPECTIVE

The contribution of women to peace has been very relevant throughout history. The full and complete development of a country, the welfare of the world and the cause of peace require the maximum participation of women on equal terms with men in all fields. Gender equality has always been seen as an endless project, which should be realized by everyone around the world. The long-term effects of conflict and militarization create a culture of violence that renders women especially vulnerable in a post-war scenario. The interest in involving women and girls in the peace processes often stems from their experiences of armed conflicts, whether primarily as victims or as armed participants. They are aware of the potentials for transformation and reform in periods of peacemaking. Since 2008, the Human Rights Council has been working on the ‘Promotion of the right of peoples to peace.’ Pursuant to resolutions 20/15 and 23/16, the Council decided firstly to establish, and secondly to extend the mandate of the open-ended working group (OEWG) aimed atprogressively negotiating a draft United Nations declaration on the right to peace. The OEGW welcomed, in its second session (July 2014), the approach of the Chairperson-Rapporteur, which is essentially based on the promotion of equality between men and women, and the relationship between the right to life and human rights, peace and development.

Key Issues and Future Development of International Cyberspace Law

Development of international cyberspace law has attracted world-wide attention in recent years and was placed on the agenda of the Tehran Session of the Asian-African Legal Consultative Organization (AALCO) in 2014 under strong advocacy from China. In its Beijing Session on April 13 to 17, 2015, the AALCO held a special meeting on international cyberspace law and adopted a resolution for the establishment of an open-ended working group to further discuss relevant issues through meetings or workshops to be co-sponsored with the governments of member states and some international organizations. This article is based on the author’s presentation at that special meeting, as well as his views and ideas expressed on other occasions. It first elaborates on some key issues of international cyberspace law such as global cyber governance, state sovereignty, internet freedom, application of armed conflict laws and international cooperation on combating cybercrime, and then proposes a legal framework and potential roadmap for future international cyberspace legislation.

Building Human Rights, Peace and Development within the United Nations

War and peace have perpetually alternated in history. Consequently, peace has always been seen as an endless project, even a dream, to be in brotherhood realized by everyone across the earth. Since the XVII century the elimination of war and armed conflict has been a political and humanitarian objective of all nations in the world. Both the League of Nations and the United Nations were conceived with the spirit of eliminating the risk of war through the promotion of peace, cooperation and solidarity among Nations. The Universal Declaration of Human Rights and the subsequent human rights instruments were drafted with a sincere aspiration of promoting the value of peace and human rights worldwide. International practice shows the close linkage between the disregard of human rights and the existence of war and armed conflict. It follows that the role of human rights in the prevention of war and armed conflict is very important. Since 2008 the Human Rights Council has been working on the ‘Promotion of the Right of Peoples to Peace.’ Pursuant resolutions 20/15 and 23/16 the Council decided firstly to establish, and secondly to extend the mandate of the Open-Ended Working Group (OEWG) aimed at progressively negotiating a draft United Nations declaration on the right to peace. The OEGW welcomed in its second session (July 2014) the approach of the Chairperson-Rapporteur, which is basically based on the relationship between the right to life and human rights, peace and development.

UWZGLĘDNIENIE “PRAWA DO ŻYCIA W POKOJU I KORZYSTANIA Z POKOJU, DO PRAW CZŁOWIEKA I DO ROZWOJU” W PRACACH RADY PRAW CZŁOWIEKA ONZ

War and peace have perpetually alternated in history. Consequently, peace has always been seen as an endless project, even a dream, to be in brotherhood realized by all members of international community. Since the XVII century the elimination of war and armed conflict has been a political and humanitarian objective of all nations in the world. Both the League of Nations and the United Nations were conceived with the spirit of eliminating the risk of war through the promotion of peace, cooperation and solidarity among Nations. The Universal Declaration of Human Rights and the subsequent human rights instruments were drafted with a sincere aspiration of promoting the value of peace and human rights worldwide. International practice shows the close linkage between the disregard of human rights and the existence of war and armed conflict. It follows that the role of human rights in the prevention of war and armed conflict is very important. Since 2008 the Human Rights Council has been working on the “Promotion of the right of peoples to peace.” Pursuant resolutions 20/15 and 23/16 and 27/17 the Council decided firstly to establish, and secondly and thirdly to extend the mandate of the open-ended working group (OEWG) aimed at progressively negotiating a draft United Nations declaration on the right to peace. The OEGW welcomed in its second session (July 2014) the approach of the Chairperson- Rapporteur, which is basically based on the relationship between the right to life and human rights, peace and development. Consequently, this approach could be developed during the third session of the Working Group (April 2015). At its 8th meeting, on 24 April 2015, the Group adopted the draft report on its third session ad referendum and decided to entrust the Chairperson- Rapporteur with its finalization.