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- RESPONSIBILITY
- FUNCTION Article 88
To amends Chapter XIII of the UN Charter Arts 86-91 Trusteeship Council for the Human Rights Council as ordered in the Outcome Document of the 2005 World Summit A/59/HLPM/CRP.1/Rev.1 of 22 September 2005 and established in General Assembly Resolution A/60/251 Human Rights Council of 3 April 2006. The Council shall comprise between 30 and 50 members, each serving for a period of three years, to be elected directly by the General Assembly, by a two-thirds majority. The Council will be primarily responsible for promoting universal respect for and observance and protection of all human rights and fundamental freedoms for all, without distinction of any kind and in a fair and equal manner, recognizing their indivisible, inalienable and interrelated culture.COMPOSITIONArticle 861. The Human Rights Council shall comprise between 30 and 50 members, each serving for a period of three years, to be elected directly by the General Assembly, by a two thirds majority. In establishing the membership of the Council, due regard shall be given to the principle of equitable geographical distribution and the contribution of Member States to the promotion and protection of human rights;
2. Those elected to the Council should undertake to abide by human rights standards in their respect for and protection and promotion of human rights, and will be evaluated during their term of membership under the review mechanism, unless they have been evaluated shortly before the start of their term in the Council. RESPONSIBILITYArticle 87The Council will be the organ primarily responsible for promoting universal respect for and observance and protection of all human rights and fundamental freedoms for all, without distinction of any kind and in a fair and equal manner, recognizing their indivisible, inalienable and interrelated culture. The treaty bodies the Council reviews are: a. High Commissioner of Human Rights b. Council on Human Rights c. Committee on Migrant Workers d. Committee on Economic, Social and Cultural Rights e. Committee on the Elimination of Discrimination against Women f. Committee on the Rights of the Child g. Committee on the Elimination of Racial Discrimination h. Committee against Torture
FUNCTIONArticle 88The Council will be: 1. The forum for dialogue on thematic issues relating to all human rights and fundamental freedoms and make recommendations to the General Assembly for the further development of international law in the field of human rights; 2. To promote international cooperation to enhance the abilities of Member States to implement human rights commitments, including international norms and standards, and the provision of assistance by the Office of the United Nations High Commissioner for Human Rights to Member States, at their request, through programmes of advisory services, technical cooperation and capacity-building; 3. Promote effective coordination and the mainstreaming of human rights within the United Nations system, including by making policy recommendations to the General Assembly, the Security Council, the Economic and Social Council and other United Nations bodies. The Council should also work in close cooperation with regional organizations in the field of human rights; 4. Evaluate the fulfillment by all States of all their human rights obligations, in particular under the Charter and the Universal Declaration of Human Rights. This procedure will not duplicate the reporting procedures being carried out under the human rights treaties; 5. Address any matters or situations related to the promotion and protection of human rights, including urgent human rights situations, and make recommendations thereon to the Member States and provide policy recommendations to the United Nations system and petitioners. VOTINGArticle 89Each member of the Council shall have one vote. Decisions of the Council shall be made by a majority of the members present and voting. PROCEDUREArticle 90The Council shall adopt its own rules of procedure, including the method of selecting its High Commissioner. The Council shall meet as required in accordance with its rules, which shall include provision for the convening of meetings on the request of a majority of its members. Article 911. The Council shall submit an annual report to the General Assembly. 2. The Council shall, when appropriate, avail itself of the assistance of the Economic and Social Council and of the specialized agencies in regard to matters with which they are respectively concerned. 3. The arrangements made by the Economic and Social Council for consultations with non-governmental organizations under Article 71 of the Charter shall apply to the Council.
A. The UN Secretariat has an international staff working in duty stations around the world to carry out the diverse day-to-day work of the Organization. The Secretariat services the other principal branches of the United Nations and administers the programs and policies laid down by them. 1.The Secretariat has a staff of about 8,900 under the regular budget of $10 billion drawn from some 170 countries. B. The head of the United Nations is the Secretary-General, who is appointed by the General Assembly on the recommendation of the Security Council for a five- year, renewable term. 1. The Secretary of the United Nations is equal part diplomat and advocate, civil servant and CEO. The Secretary General is a symbol of United Nations ideals and a spokesman for the interests of the world's peoples, in particular the poor and vulnerable among them. C. Art. 97 of Chapter XV Charter describes the Secretary as "chief administrative officer" of the Organization, who is appointed by the General Assembly upon the recommendation of the Security Council for a five year term, that may be renewed indefinitely and shall perform "such other functions as are entrusted" to him or her by the principals branches of the UN the Security Council, General Assembly, Economic and Social Council and International Court of Justice under Art. 7 of the UN Charter. 1. Under Art. 101 of Chapter XV the staff shall be appointed by the Secretary-General under regulations established by the General Assembly. Appropriate staff shall be permanently assigned to the Socio-Economic Administration and other organs of the United Nations and shall serve as part of the Secretariat.§233d Assembly A. The Assembly is the principal legislative body for the United Nations under Chapter IV of the UN Charter. The Assembly is comprised with up to 5 representatives from each of the nation’s delegation to the United Nations. Each Nation shall have one vote in the General Assembly. 1.The President for the next year is elected every year in June. B. Under Article 13 the Assembly shall promote international cooperation in the political field by encouraging the progressive development of international law and its codification to promote international cooperation in the economic, social, cultural, educational, and health fields, and assisting in the realization of human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion. 1. The Assembly, shares the functions and powers set forth in Chapters IX International Economic and Social Co-operation under Chapter X with ECOSOC.
4.The regions form a natural party system along ethnic and racial lines so the major regional parties, above suspicion of nationalism, would be. The European Union, The African Union, The Organization of American States, The Association for South East Asian Nations, The Organization of Islamic Conferences, i. China and India are each so populous they should probably have their own party. C. The IPU is the international organization of Parliaments of sovereign States (Article 1 of the Statutes of the Inter-Parliamenary Union). It was established in 1889. The Inter-Parliamentary Union was the first permanent forum for political multilateral negotiations dedicated to peace and cooperation among peoples and for the firm establishment of representative institutions by
A. Under Article 24 of the UN Charter, in order to ensure prompt and effective action by the United Nations, its Members confer on the Security Council primary responsibility for the maintenance of international peace and security, and agree that in carrying out its duties under this responsibility the Security Council acts on their behalf. 1. In discharging these duties the Security Council shall act in accordance with the Purposes and Principles of the United Nations. The specific powers granted to the Security Council for the discharge of these duties are laid down in Chapter VI Pacific Settlement of Disputes, Chapter VII Action with Respect to Threats to Peace, Breaches of the Peace, and Acts of Aggression, Chapter VIII Regional Arrangements, and XII.
1. The non-permanent members of the Security Council shall be elected for a term of two years. In the first election of the non-permanent members after the increase of the membership of the Security Council from eleven to fifteen, two of the four additional members shall be chosen for a term of one year. A retiring member shall not be eligible for immediate re-election. C. Due to widespread criticism of the Security Council, particularly of the veto of the Permanent Members, it has been suggested on many occasions to abolish the Permanent Membership altogether and go with a rotating membership so one nation’s veto right will never again serve as a permanent cover up. §233f Socio-Economic Administration A. The UN Economic and Social Council (ECOSOC) or Socio-Economic Administration (SEA) as it is transformed, is one of the principal branches of the United Nations in Article 7 of the UN Charter. The SEA is primarily occupied with fulfilling the obligations for international co-operation of set forth in Chapter IX Article 55 (ab) to create conditions of stability and well being necessary for peaceful and friendly relations among nations by preparing studies regarding international development for the Secretariat and Assembly; in pursuit of; 1. Higher standards of living, full employment, and conditions of economic and social progress and development; 2. Solutions to international economic, social, health, and related problems; B. Under Chapter X of the Charter of ECOSOC the branch is constituted by 54 members elected by Parliament. ECOSOC consists of 54 Member States elected by the General Assembly for overlapping three-year terms. Seats on the Council are allotted based on geographical representation with 14 allocated to African States, 11 to Asian States, 6 to Eastern European States, 10 to Latin American and Caribbean States, and 13 to Western European and other States. Once a year, it meets for a four- week substantive session in July, alternating between New York and Geneva. e annual session is organized in ve segments and include: (i) the High-level seg- ment; (ii) the Coordination segment; (iii) the Opera- tional Activities segment; (iv) the Humanitarian A airs segment; and (v) the General segment. C. Under Article 68 the Charter creates committees for achieving these goals through the means of preparing reports for the General Assembly and Security Council. The Economic and Social Council is the principal organ that coordinates the economic, social and related work of the 14 United Nations specialized agencies, functional commissions and ve regional commissions. The focus of all 5 regional commissions is to promote the economic development of regions that are widely understood to be poor. These regions are commissioned to be; 1. Economic Commission for Africa (ECA), 2. Economic and Social Commission for Asia and the Pacific (ESCAP), 3. Economic Commission for Europe (ECE), 4. Economic Commission for Latin America and the Caribbean (ECLAC), 5. Economic and Social Commission for Western Asia (ESCWA). D. Under Art. 57 of Chapter IX regarding International Economic and Social Co-operation the various specialized agencies, established by intergovernmental agreement and having wide international responsibilities, as defined in their basic instruments, in economic, social, cultural, educational, health, and related fields, shall be brought into relationship with the United Nations in accordance with the provisions of Article 63 of Chapter X that authorizes the Economic and Social Council to take appropriate steps to obtain regular reports from the specialized agencies. The SEA is authorized to make suitable arrangements for consultation with non-governmental organizations under Art. 71 of Chapter X of the UN Charter. There are a number of subsidiary bodies under the ECOSOC umbrella which help to achieve the goals of the Council (1) Commission on Population and Development, (2) Commission on Crime Prevention and (3) Criminal Justice, (4) Commission for Social Development, (5) Commission on the Status of Women Commission on Narcotic Drugs, (6) Commission on Crime Prevention and Criminal Justice, (7) Commission on Science and Technology for Development, (8) Commission on Sustainable Development, (9) Permanent Forum on Indigenous Issues and United Nations Forum on Forests and (10) The United Nations Statistical Commission (UN StatCom), established in 1947 to develop the central statistical services of the UN Secretariat. The Statistical Commission meets annually in New York for four days, at the end of February. E. Although the Human Rights Council is not a subsidiary of ECOSOC only NGOs in consultative status with the United Nations Economic and Social Council can be accredited to participate in the Human Rights Council’s sessions as observers. As of 2017 4,507 NGOs enjoy active consultative status with ECOSOC. There are three types of consultative status: General, Special and Roster. Most new accreditations are in the Special category. The Committee on NGOs reviews new applications for consultative status twice a year, in January ('regular session') and in May ('resumed session'). Recommendations, contained in one report for the January session and one report for the May session, are reviewed by ECOSOC in April and July respectively. The deadline for applications is 1 June of the year before the Committee reviews the application. As of January 1, 2016 there are 149 organizations in general consultative status, 3,389 in special consultative status and 975 on the Roster, for a total of 4,513 non-governmental organizations listed in E/2016/INF/5 of 29 December 2016. 1. Written statements relevant to the work of the Council may be submitted by organiza- tions in general consultative status and special consultative status on subjects in which these organizations have a special competence. Such statements shall be circulated by the Secretary- General of the United Nations to the members of the Councilunder ECOSOC resolution 1996/31, part IV, paragraph 30. Organizations in general consultative status and special consultative status shall submit to the Council Committee on Non-Governmental Organizations through the Secretary-General every fourth year a brief report of their activities, specically as regards the support they have given to the work of the United Nations under ECOSOC resolution 1996/31, part IX, paragraph 61(c). One month after the due date of the report, the NGO Branch will send you a noti cation requesting your overdue report by 1 January of the following year. If no report is received by 1 January, the NGO Branch will send a nal letter requesting that the report be submitted by 1 May. If the report is still not received by this date, the Commitee on NGOs will recommend immediate suspension of consultative status until the quadrennial report has been submitted pursuant to Working with ECOSOC an NGO Guide to Cosultative Status United Nations, New York 2011. §233g Bretton Woods Institutions: International Development Banks A. International Development Banks investigate development strategies and invest funds from donor nations to the beneficiary nations in two significant fashions; 1. deferred interest loans invested in critical infrastructure and sustainable development, repayment is usually not for 10 years with maturity in 30 years; 2. multilaterally replenished grants that fund critical projects; The United Nations Monetary and Financial Conference, commonly known as Bretton Woods conference, was a gathering of 730 delegates from all 45 Allied nations at the Mount Washington Hotel, situated in Bretton Woods, New Hampshire to regulate the international monetary and financial order after the conclusion of World War II. Under this system, the International Monetary Fund (IMF) and the International Bank for Reconstruction and Development that later became part of the World Bank Group (WBG) were established. The IMF was developed as a permanent international body and librarian of international economic rules. The summary of agreements from July 22, 1944 states, "The nations should consult and agree on international monetary changes which effect each other. They should outlaw practices which are agreed to be harmful to world prosperity, and they should assist each other to overcome short-term exchange difficulties." 1. On 29 September 2004 the External Relations Department of the Public Affairs Division of the International Monetary Fund wrote that, the IMF is an intergovernmental organization formed to promote freer international economic exchange and facilitate balance of payments adjustment by member countries whose financial role is limited to assisting member governments while they implement measures to restore their economies and external positions. In accordance with the terms of its Charter, the IMF can provide financial support to member country governments only. The rules governing our relationship with member countries preclude providing financial or other assistance for studies or projects to individuals or private groups. 2. The international reserves of International Monetary Fund (IMF) members amounted to $2.4 trillion (1.8 trillion SDRI) in 2004. The IMF held reserve assets of 173 billion SDRI, $284 billion US dollars in 2004. In the late 1990s, the IMF and the World Bank launched two new major programs to help low income countries: a. the Poverty Reduction Strategy Paper (PRSP) approach and b. the Heavily Indebted Poor Countries (HIPC) Initiative. Around the same time, the IMF established the Poverty Reduction and Growth Facility (PRGF) to make poverty reduction and growth more central to lending operations in its poorest member countries. These initiatives stress country ownership of programs, including through the broad participation of civil society. C. The principal Bretton Woods financial institutions of the United Nations are, the; 1. World Bank Group (WB), 2. International Monetary Fund (IMF), 3. World Trade Organization (WTO), facilitated and ratified by World Parliaments. D. Regional development banks have been founded in every region. 1. African Development Bank Group (ADB), 2. Asian Development Bank (ADB), 3. Inter-American Development Bank (IADB), 4. Islamic Development Bank (IDB) Group, 5. European Bank for Reconstruction and Development (EBRD), 6. Organization for Economic Cooperation and Development (OECD). §233h Agriculture and Trade Meetings A. An estimated $15.79 trillion of the $78.95 trillion Gross World Product (GWP) was spent on food in 2011. World food production value for the export market in 2014 was estimated at $2.3 trillion, about 4% of the GWP. $945 billion in food was exported and $967 billion was imported. Since 2008, more people live in cities than in rural areas. Of the 7.2 billion population 3.4 billion were rural and 2.8 billion hectares were harvested. An average of 2,900 kcal per capita are produced for 123% dietary adequacy, 117% in Africa, 120% in Asia, 129% in Latin America and the Caribbean, 114% in Oceania. The GDP per capita is $13,915. Worldwide 30.7% of the population is employed in agriculture. About 10.8% of the population are undernourished. Domestic food price volatility is estimated at 7.8%. The cereal import dependency ratio is 50.7%. 88.7% have access to an improved water source. 32% of land is forested. 1. The Food and Agriculture Organization (FAO) was created in 1945 by the United Nations. In 1951 FAO headquarters moved to Rome, Italy from Washington D.C. Since the first steps were taken in 1961 to establish a Codex Alimentarius, the Codex Alimentarius Commission has drawn world attention to the field of food quality and safety. Now, for almost 50 years, all aspects of food pertaining to the protection of consumer health and fair practices in the food trade have come under the Commission’s scrutiny. The first World Food Day observed on 16 October 1981 by more than 150 countries. AGROSTAT (now FAOSTAT), the world's most comprehensive source of agricultural information and statistics, becomes operational in 1986. The Code of Conduct for Responsible Fisheries was adopted in October 1995 to provide a necessary framework for national and international efforts to ensure sustainable exploitation of aquatic living resources in harmony with the environment. The International Plant Protection Convention entered into force in 1997 with 92 signatories. The FAO adopted the 1998 Rotterdam Convention on Prior Informed Consent to regulate the trade in pesticides and other hazardous chemicals. An FAO Conference adopts the legally binding 2001 International Treaty on Plant Genetic Resources for Food and Agriculture, which supports the work of breeders and farmers everywhere. In 2002 the Council of FAO unanimously adopts the Voluntary Guidelines to Support the Progressive Realization of the Right to Adequate Food in the Context of National Food Security (Right to Food Guidelines) and reaffirmed the international community's commitment to reduce the number of the undernourished by half by 2015. The Committee on World Food Security (CFS) endorsed the new Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security on 11 May 2012. In 2014, the FAO endorsed the Rome Declaration on Nutrition that enshrines the right of everyone to have access to safe, sufficient and nutritious food, and commits governments to prevent malnutrition in all its forms. The Framework of Action recognizes that governments have the primary role and responsibility for addressing nutrition issues and challenges. 2. The United States and Canada do not seem to participate in FAO statistics. The Food and Agriculture Organization (FAO) was created by the United Nations in 1945. Although North America is reported to be less soaked in pesticides than Europe North American agriculture seems to be at odds with the Biosafety Protocol to the Convention on Biological Diversity pertaining to the international sale of crops contaminated with detectable patented transgenic genetically modified organisms. It would be nice if the United States and Canada were included in the Food and Agriculture Organization Statistical Pocketbook most recently published in Rome 2015. The United States must agree to the language of the 1992 Convention on Biological Diversity and its 2000 Biosafety and 2010 Redress Protocols and subsidize transitions of large farms to certified organic agriculture so that they don't make good on their threats to use more herbicide if they can't use genetically engineers crops. 3. Agriculture arose roughly ten thousand years ago and its expansion was the dominant force of ecological change over most of the Holocene, the relatively warm and stable geological epoch from the end of the last ice age that began around twelve thousand years ago. Agricultural surpluses enabled 10% of the population to live in cities around 6,000 B.C. who learned war. The Industrial Revolution enabled 50% of the population to live in cities and today 80% of Americans live in the city and since 2008 the majority of people around the world live in cities. Agriculture has two properties that distinguish its role in the economy from industry and services. The first is that demand for agricultural output does not increase in proportion with income. We say that the income elasticity for food demand is less than one: food demand increases with income, but much less than proportionately. Food is a “necessity”, not a luxury good. This means that as economic development takes place, agriculture will not keep pace as a share of the total economy. The second property is that agriculture is land dependent, while industry and services are not. Farmers need and more than they need close neighbors. On the other hand, service providers such as barbers, doctors, lawyers, bankers and movie theater operators need customers and neighbors more than they need large open spaces. Farmers need to live in sparsely settled areas, with lots of land per person, while industrial and service workers need to live in crowded areas, close to suppliers and buyers. Agriculture is rural, while industry and services are intrinsically urban. 4. Food trade cannot be treated as just another exchange of goods, and food cannot be treated as just another commodity. Full development of the concept of the right to food, and its embrace by all governments, will be need to ensure that the flow of food is never interrupted. The FAO advanced this concept in 2004 with the adoption of the right to Food Guidelines, and at least 28 nations have an explicit right to food in their national constitutions. Codifying a right to food in international trade agreements so that, for example, food cannot be withheld for political reasons, may be required. In sum, conserving the very base of food production – the land, water and climate that make crop growth possible – is essential to ensure that the world’s farmers continue to produce enough food for everyone. When resources already are scarce, reservoirs of food can be tapped for broader distribution and utilization. And political assurances guaranteeing that agricultural plenty is not blocked form dinner tables worldwide can ensure that food attains a sacred status in a globalized world. In these ways, a world under growing resource pressure can continue to ensure that food is available for all. 5. The Food and Agriculture (FAO) of the UN projects that global agricultural demand in 2050 will be 60 percent higher than the three-year average for 2005—07. Global agricultural production has grown 2.5-3 times over the past century and can rightly be described as cornucopian, with enough food produced to feed the entire human family. As demand for agricultural products grew by 2.2 percent per year between 1961 and 2007, the extent of arable land grew much more slowly – just 14 percent for the entire period. To meet demand, farmers intensified production, using mechanization, chemical fertilizer (in place of manure), new seed varieties, irrigation, and other advances to coax more from each hectare of land. Yet rates of growth of agricultural production are only half the 3 percent annual rate seen in developing countries in the past. The number of countries depend on grain imports (defined as importing 25 percent of more of domestic consumption) grew 57 percent between 1961 and 2013, to 77 nations – more than a third of the world’s countries. Among developing countries, dependence on grain imports is greater than 50 percent in Central America, where land is relatively scarce, and in the Middle East and North Africa, where water is the chief constraint. Sub-Saharan Africa imports about 20 percent of its grain, and the low and middle-income nations of Asia import about 7 percent. Japan, with the wealth to outbid other nations in international markets, imports about 70 percent of its grain. 7. With 7.2 billion people on the planet and with the global population continuing to grow by around 75 million people per year, the challenge of feeding the planet is with us again. Malnutrition is a pervasive problem: around 40 percent of the world’s population is malnourished in one way or another. The Food and Agriculture (FAO) defines chronic hunger as the insufficient intake of energy (calories) and proteins. Hundreds of millions of people are afflicted by chronic hunger and have only the energy for mere survival. The FAO estimated 870 million people for the years 2010-2012. There is also hidden hunger, or micronutrient insufficiency. The calories and proteins may be sufficient, but the micronutrients like vitamins or particular fatty acids are not adequately present in the diet. Key micronutrient deficiencies prevalent in many lo-income countries include vitamin A, vitamin B12, zin, iron, folate, omega-3 fatty acids, and iodine. The third kind of malnutrition, which is now at epidemic proportions in many parts of the world, especially the richest countries, is the excessive intake of calories leading to obesity, meaning weight is far too high for height. It is estimated that roughly one-third of all adults in the world are overweight, and around 10-15 percent are obese. Adding it all up, around 900 million people are chronically hungry. Perhaps another 1 billion more have enough macronutrients (calories and proteins) but suffer from one or more micronutrient deficiencies. Roughly 1 billion more are obese. In total, around 3 billion people are malnourished out of a world population of 7.2 billion people, meaning that a staggering 40 percent of the world is malnourished. Chronic hunger is heavily concentrated in tropical Africa and in South Asia. More than one-third of the population in tropical Africa, especially central and southern Africa, is undernourished. In South Asia, between 20 and 33 percent of the population is chronically undernourished. 8. Chronic undernourishment of young children is measured according to various indicators of severity. The first is stunting. Stunting means that a child has a very low height for his or her age. Specifically, children are assessed relative to a standard population distribution of height for age. Children who are more than two standard deviations below the norm are considered stunted. The second condition is even more urgent, and that is wasting – low weight for height. Wasting is often a sign of acute, life-threatening undernutrition, of the kind one often sees in a famine. Children may require high intensity nutritional foods designed to combat acute undernutrition and emergency procedures to help keep the children alive. There is a key distinction between chronic undernutrition (chronic insufficiency of calories and proteins) and acute undernutrition that may arise from wars, disasters, droughts and displacement of populations. When those acute episodes occur, there is not only massive suffering but also the risk of massive loss of life from starvation and disease. Violence and conflict often break out in hungry regions. Obesity marks the other end of the malnourishment spectrum and also causes a tremendous amount of disease and premature mortality. The United States, Mexico, Venezuela, Libya, Egypt, Saudi Arabia, South Africa and a few others have obesity rates above 30 percent. Europe and Russia have an obesity rate between 20 and 30 percent. The obesity epidemic most likely results from a combination of too many calories, the wrong kinds of calories and the extreme physical inactivity of urban life. B. The World Trade Organization (WTO) was developed through a series of trade negotiations, or rounds, held under GATT culminating in the Marrakesh Agreement Establishing the World Trade Organization. The first General Agreement on Tariffs and Trade, dated 30 October 1947 dealt mainly with tariff reductions but later negotiations included other areas such as anti-dumping and non-tariff measures. The last round — the 1986-94 Uruguay Round — led to the WTO’s creation. WTO is responsible for, 1. administering trade agreements, 2. acting as a forum for trade negotiations, 3. settling trade disputes, 4. reviewing national trade policies, 5. Assisting developing countries in trade policy issues, through technical assistance and training programs 6. Cooperating with other international organizations 1. The WTO has nearly 150 members, accounting for over 97% of world trade. Around 30 others are negotiating membership. Decisions are made by the entire membership. This is typically by consensus. A majority vote is also possible but it has never been used in the WTO, and was extremely rare under the WTO’s predecessor, GATT. WTO agreements have been ratified in all member parliaments. The primary organization is as follows. a. The WTO’s top level decision-making body is the Ministerial Conference which meets at least once every two years. b. Below this is the General Council (normally ambassadors and heads of delegation in Geneva, but sometimes officials sent from members’ capitals) which meets several times a year in the Geneva headquarters. The General Council also meets as the Trade Policy Review Body and the Dispute Settlement Body. c. At the next level, the Goods Council, Services Council and Intellectual Property (TRIPS) Council report to the General Council. d. Numerous specialized committees, working groups and working parties deal with the individual agreements and other areas such as the environment, development, membership applications and regional trade agreements. 2. The past 50 years have seen an exceptional growth in world trade. Merchandise exports grew on average by 6% annually. Total trade in 2000 was 22-times the level of 1950. GATT and the WTO have helped to create a strong and prosperous trading system contributing to unprecedented growth. In February 1997 agreement was reached on telecommunications services, with 69 governments agreeing to wide-ranging liberalization measures that went beyond those agreed in the Uruguay Round. In the same year 40 governments successfully concluded negotiations for tariff-free trade in information technology products, and 70 members concluded a financial services deal covering more than 95% of trade in banking, insurance, securities and financial information.In 2000, new talks started on agriculture and services. These have now been incorporated into a broader agenda launched at the fourth WTO Ministerial Conference in Doha, Qatar, in November 2001. The work program established in the Doha Development Agenda (DDA), adds negotiations and other work on non-agricultural tariffs, trade and environment, WTO rules such as anti-dumping and subsidies, investment, competition policy, trade facilitation, transparency in government procurement, intellectual property, and a range of issues raised by developing countries as difficulties they face in implementing the present WTO agreements. The Doha round of trade talks unanimously agreed to a simple Swiss formula with two co-efficients. On a line-by-line basis the formula returns fair results that favors least developed nations by around 1% over developed nations but is very gradual reducing tariffs by 0.1-3%. This formula will have to enforced regularly to be effective. Swiss Formula for Unilateral Tariff Reductions 
where, t1= Final bound rate of duty t0= Base rate of duty a = [8-9] = Coefficient for developed Members b = [19-23] = Coefficient for developing Members
A. The World Health Organization is the United Nations specialized agency for health. It was established on 7 April 1948. WHO's objective, as set out in the WHO Constitution, is the attainment by all peoples of the highest possible level of health WHO is governed by 192 Member State Health Assembly through the Health Assembly (HA). Health is defined in WHO's Constitution as a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity. The objective of the World Health Organization shall be the attainment by all peoples of the highest possible level of health. WHO Member States are grouped into six regions. Each region has a regional office.1 Regional Office for Africa 2 Regional Office for the Americas, 3 Regional Office for South-East Asia, 4 Regional Office for Europe, 5 Regional Office for the Eastern Mediterranean 6 Regional Office for the Western Pacific. 1. The World Health Assembly is the supreme decision-making body for WHO. It generally meets in Geneva in May each year, and is attended by delegations from all 192 Member States. Its main function is to determine the policies of the Organization. The Health Assembly appoints the Director-General, supervises the financial policies of the Organization, and reviews and approves the Proposed program budget. It similarly considers reports of the Executive Board, which it instructs in regard to matters upon which further action, study, investigation or report may be required. The Executive Board is composed of 32 members technically qualified in the field of health. Members are elected for three-year terms. The main Board meeting, at which the agenda for the forthcoming Health Assembly is agreed upon and resolutions for forwarding to the Health Assembly are adopted, is held in January, with a second shorter meeting in May, immediately after the Health Assembly, for more administrative matters. The main functions of the Board are to give effect to the decisions and policies of the Health Assembly, to advise it and generally to facilitate its work. The Secretariat of WHO is staffed by some 3500 health and other experts and support staff on fixed-term appointments, working at headquarters, in the six regional offices, and in countries. 2. The term global health is used to refer to specialization in the international study of epidemiology, response to outbreaks of disease and comparative studies of national systems of health. The UN General Assembly Resolution enhancing capacity building in public health of 8 February 2006 seeks to enhance the achievement of health related development goals, noting with concern the deleterious impact on humankind of HIV/AIDS, tuberculosis, malaria and other major infectious diseases and epidemics, and the heavy disease burden borne by poor people, especially in developing countries, including the least developed countries, as well as countries with economies in transition, and in this regard noting with appreciation the work of the Joint United Nations Programme on HIV/AIDS, its co-sponsoring agencies and the Global Fund to Fight AIDS, Tuberculosis and Malaria. New and re-emerging diseases, such as the severe acute respiratory syndrome and a human influenza pandemic arising from avian and swine influenza are also of concern. The serious damage and loss of life caused by natural disasters and their negative impact on public health and health systems is also noted. 3. At the Fourth Global Forum on Chronic Disease Prevention and Control on 3. November 2004 in Ottowa, Canada the WHO Director General Lee Jong-wook reported that, “Chronic diseases now account for 60% of the deaths that occur globally each year, and there is an urgent need in all countries for more effective approaches to dealing with them. This Forum gives us the opportunity to take a major step towards meeting that need… The Global Strategy on Non-communicable Disease Prevention and Control, and the Global Strategy on Diet, Physical Activity and Health, have benefited from strong Canadian support... What we have to do now is translate these strategy and policy commitments into practical action”.The need for action is urgent. Cardiovascular diseases, diabetes, cancers and AIDS, are now causing more deaths in the poorer countries than in the richer ones. In addition, in the poorer countries it is young and middle-aged adults who are increasingly being affected. Chronic disease is a major barrier to poverty reduction and progress towards the Millennium Development Goals. 4. The UN has expressed concern over drug resistant infections, but must stop paying for defective products. After the 2014 Indian Parliament arbitrarily exiled export pharmacists to rural regions (the gulag) inciting an international conspiracy of misbranded and adulterated pharmaceutical products in Sec. 301 of the Food, Drug and Cosmetic Act under 21USC§331, Lyme disease was consequentially 20% fatal on one Native American Reservation. Doxycycline is available as doxycycline hyclate from US and Canadian online pharmacies, whose prices are now lower than India. Doxycycline 100 mg, the once a day antibiotic, Clindamycin (Cleocin) for children under 8 and pregnant women, is indicated to treat bubonic plague, Lyme disease, syphilis, acne and hospital acquired methicillin resistant Staphylococcus aureus (MRSA) + pyromania acquired Streptococcus pyogenes = toxic shock syndrome. Buy American under 24USC§225h - Doxycycline, and clindamycin to treat methicillin resistant Staphylococcus aureus (MRSA); Metronidazole (Flagyl ER) for gastrointestinal, joint and lower body infections including antibiotic resistant Clostridium difficile, Bactroides fragilis, Entamoeba histolytica, and Giardia lamblia; Ampicillin for Streptococcus pneumoniae. Amantadine (Symmetrel) for influenza Type A, Parkinson's and extra-pyramidal side-effects of psychiatric drugs. Hospitals worldwide, could sell other drugs, must definitely vend doxycycline, clindamycin, metronidazole, ampicillin and amantadine to solve the more common problems of antibiotic resistance, despite the pathological law of perversity that, the least is known about the most common diseases. Corticosteroid inhalers must be uniquely exempted from the Ozone export ban under Montreal Protocol on Substances that Deplete the Ozone Layer (Montreal Protocol) to vend worldwide. Vending machines should be placed in hospitals to treat common antibiotic resistant infections. Licensed blind persons shall be authorized to operate vending facilities on any Federal property by the Randolph-Sheppard Vending Stand Act (Pub. L. 74-732) under 34CFR§395.30 et seq. and 20USC§107 et seq. §233j International Courts A. Since its foundation in 1923 by the International Chamber of Commerce the International Court of Arbitration has settled over 10,000 cases from more than 170 countries and territories in accordance with the Rules of Arbitration. The purpose of the International Court of Arbitration is to improve the settlement of international Alternative Dispute Resolution and provide litigants with business disputes of an international character an alternative to the higher cost of settling in national courts by appointing one of 144 experts to arbitrate and settle the dispute while being monitored by the International Court of Arbitration. B. The International Court of Justice (ICJ) is the principal judicial organ of the United Nations and is located at Peace Palace in the Hague, Netherlands. The ICJ is constituted under Chapter XIV of the UN Charter. Under Article 94 member states of the UN are bound to comply with the decisions of ICJ. Under Art. 96(2) of Chapter XIV organs of the United Nations and specialized agencies, which may at any time be so authorized by the General Assembly, may also request advisory opinions of the Court on legal questions arising within the scope of their activities. The World Court operates under the Statute of the Court and the Rules of Court. C. The International Criminal Court (ICC) passes judgment on infractions to the Rome Statute of the International Criminal Court. The concept of an international criminal court has been floating around the United Nations since its inception in 1948 and has applied with the creation of criminal tribunals for the nations of Rwanda and Yugoslavia. The ICC was evidently not good the European economy or constitution. (S/2002/678) called on the International Criminal Tribunal for the Former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) to complete investigations by the end of 2004, to complete all trial activities by the end of 2008, and to complete all work in 2010. To cut down on mischief and corruption within the UN system it is recommended to close the tribunals, particularly the ICTY, today, The USA is not a member of the International Criminal Court and it is forbidden for the US government to cooperate with the ICC without the ratification of the Rome Statute by the US President under 22USC§7401. D. US contributions for the UN War Crime Tribunals must cease without any residuals 1. The International Criminal Tribunal for the former Yugoslavia was founded by UN Security Council Resolution 827 in 1993 to prosecute the grave breaches in international humanitarian law that began in 1991 with yearly budget of $500 million until recently since they have been authorized to make their living accepting contributions – bribes. ICTY must be abolished under the Slavery Convention of 1926 for things to return to normal in the Hague since the creation of the International Criminal court. 2. The International Criminal Tribunal for Rwanda was created by UN Security Council Resolution 955 in 1994 to prosecute those responsible for genocide and breaches in international law, it has a current yearly budget of $177,739,400. D. The European Court of Justice, or European Court of Human Rights as it was formerly called, is the oldest and busiest continental court in the world. The Court operates in conjunction with the laws of the Council of Europe. The Court was founded in 1959 in accordance with the ratification of the Convention for the Protection of Human Rights and Fundamental Freedoms Articles 40-56 by European nations in 1953 to uphold the rights and freedoms enumerated in Articles 2-18 of the Convention. The bench currently accommodates 41 judges, 1 for each member nation, who are elected to serve 6 year terms by the Parliamentary Assembly of the Council of Europe. Admission is reserved to the High Contracting Parties and the Commission on Human Rights to bring cases before the court in accordance with Article 44. The admission of more nations to the European Union has caused the number of applications registered annually with the Commission to increase from 404 in 1981 to 2,037 in 1993 to 4,750 in 1997. By 1997 the number of unregistered or provisional files opened each year in the Commission had risen to over 12,000. The European Court is unique in that they render summaries of financial judgments. E. The Inter-American Court of Human Rights was founded in 1978 as an autonomous judicial seat located in San Jose, Costa Rica composed of 7 judges elected for 6 year terms by the General Assembly of the Organization of American States in accordance with Article 52 of the American Convention on Human Rights, the Statute of the Inter-American Court of Human Rights and the Rules of Procedure of the Inter-American Court of Human Rights. All cases are presented by member nations and the guests of the Inter-American Commission on Human Rights. §233k UN Educational, Scientific and Cultural Organization A. UNESCO's mission is to contribute to the building of a culture of peace, the eradicatino of poverty, sustainable development and intercultural diaglogue through educaiton, the sciences, culture, communication and information. UNESCO is responsible for coordinating international cooperation in education, science, culture and communication. It strengthens the ties between nations and societies, and mobilizes the wider public so that each child and citizen: has access to quality education; a basic human right and an indispensable prerequisite for sustainable development; may grow and live in a cultural environment rich in diversity and dialogue, where heritage serves as a bridge between generations and peoples; can fully benefit from scientific advances; and can enjoy full freedom of expression; the basis of democracy, development and human dignity. UNESCO is part of the the UN system and works closely with a wide range of regional and national organizations. Some 350 non-governmental organizations (NGOs) maintain official relations with UNESCO and hundreds more work with the Organization on specific projects. UNESCO’s National Commissions constitute a unique network within the UN system. The Commissions in 196 Member and Associate States form a vital link between civil society and the Organization. 1. The Preamble to the Constitution of UNESCO (1946) declares: That since wars begin in the minds of men, it is in the minds of men that the defences of peace must be constructed; That ignorance of each other’s ways and lives has been a common cause, throughout the history of mankind, of that suspicion and mistrust between the peoples of the world through which their differences have all too often broken into war; That the great and terrible war which has now ended was a war made possible by the denial of the democratic principles of the dignity, equality and mutual respect of men, and by the propagation, in their place, through ignorance and prejudice, of the doctrine of the inequality of men and races; That the wide diffusion of culture, and the education of humanity for justice and liberty and peace are indispensable to the dignity of man and constitute a sacred duty which all the nations must fulfil in a spirit of mutual assistance and concern; That a peace based exclusively upon the political and economic arrangements of governments would not be a peace which could secure the unanimous, lasting and sincere support of the peoples of the world, and that the peace must therefore be founded, if it is not to fail, upon the intellectual and moral solidarity of mankind. 2. The General Conference is UNESCO’s primary decision-making body, comprising representatives of all Member States. It meets every 2 years to determine the policies and main lines of work of the Organization. Following the principle of 1 vote per country, it approves UNESCO’s biennial programme and budget. Every 4 years, it appoints the Director-General of UNESCO based on the recommendation of the Executive Board. The Executive Board, composed of 58 Member States, is responsible for the execution of the programme adopted by the General Conference. It meets twice a year to examine the Organization’s programme and budget. The Secretariat consists of the Director-General and staff. The Director- General is the executive head of the Organization. She formulates proposals for appropriate action by the General Conference and Executive Board and prepares a draft biennial programme and budget. The staff implements the approved programme. UNESCO numbers more than 2,000 staff members from 170 countries. Under the current decentralization policy, 870 staff members work in UNESCO’s 65 field offices and institutes around the world. The institutes are specialized departments of the organization that support UNESCO's programme, providing specialized support for cluster and national offices - International Bureau of Education (IBE), Institute for Lifelong Learning (UIL), International Institute for Educational Planning (IIEP), Institute for Information Technologies in Education, International Institute for Capacity Building in Africa (IICA), International Institute for Higher Education in Labin America and the Caribbean (IESALC), International Centre for Technical and Vocational Education and Training, European Centre for Higher Education (CEPES), Institute for Water Education (IHE), International Centre for Theoretical Physics, and Institute for Statistis (UIS).UNESCO’s regular two-year budget is financed by Member States through assessed contributions. The regular budget for 2010 and 2011 is US$ 653 million. UNESCO also benefits from substantial extra-budgetary funding to strengthen its programmes, especially in the field, and to increase its outreach activities. B. As early as 1942, in wartime, the governments of the European countries, which were confronting Nazi Germany and its allies, met in the United Kingdom for the Conference of Allied Ministers of Education (CAME). The Second World War was far from over, yet those countries were looking for ways and means to reconstruct their systems of education once peace was restored. Very quickly, the project gained momentum and soon took on a universal note. New governments, including that of the United States, decided to join in. Upon the proposal of CAME, a United Nations Conference for the establishment of an educational and cultural organization (ECO/CONF) was convened in London from 1 to 16 November 1945. Scarcely had the war ended when the conference opened. It gathered together the representatives of forty-four countries who decided to create an organization that would embody a genuine culture of peace. In their eyes, the new organization must establish the “intellectual and moral solidarity of mankind” and, in so doing, prevent the outbreak of another world war. At the end of the conference, thirty-seven countries founded the United Nations Educational, Scientific and Cultural Organization. The Constitution of UNESCO, signed on 16 November 1945, came into force on 4 November 1946 after ratification by twenty countries: Australia, Brazil, Canada, China, Czechoslovakia, Denmark, Dominican Republic, Egypt, France, Greece, India, Lebanon, Mexico, New Zealand, Norway, Saudi Arabia, South Africa, Turkey, United Kingdom and United States. The first session of the General Conference of UNESCO was held in Paris from 19 November to 10 December 1946 with the participation of representatives from 30 governments entitled to vote. 1. It was not until 1951 that Japan and the Federal Republic of Germany became Members, and Spain was accepted in 1953. Other major historical factors, such as the Cold War, the decolonization process and the dissolution of the USSR, also left their trace on UNESCO. The USSR joined UNESCO in 1954 and was replaced by the Russian Federation in 1992 alongside 12 former Soviet republics. Nineteen African states became Members in the 1960s. As a consequence of its entry into the United Nations, the People's Republic of China has been the only legitimate representative of China at UNESCO since 1971. The German Democratic Republic was a Member from 1972 to 1990, when it joined the Federal Republic of Germany. Some countries withdrew from the Organization for political reasons at various points in time, but they have today all rejoined UNESCO. South Africa was absent from 1957 to 1994, the United States of America between 1985 to 2003, the United Kingdom of Great Britain and Northern Ireland from 1986 to 1997 and Singapore from 1986 to 2007. C. Africa and gender equality are UNESCO's priorities. The longest serving Director-General, Amadou-Mahtar M'Bow (1974-1987) was from Senegal. Today, 796 million adults are illiterate, two-thirds of them women. Despite signi cant progress since 2000, 69 million children remain out of primary school; 54% of them are girls. Millions of children leave school without acquiring basic literacy and numeracy skills. Almost 85% of young people live in developing countries; by 2025 this figure will be 89.5%. Over 200 million young people live on less that 1 US$ a day; 515 million live on less than 2 US$ a day. 300,000 children and youth under the age of 18 are currently participating in armed conflict. The Associated Schools Project Network, launched in 1953, links more than 8,500 schools and other educational institutions in 180 countries. In higher education, over 650 UNESCO chairs and more than 60 networks have been established in some 127 countries to promote research, training and international cooperation. UNESCO began sounding the alarm over the need for sustainable development in 1968 by organizing a groundbreaking conference questioning the unbridled exploitation of nature. Through its worldwide networks and as a key partner of the Secretariat of the Convention on Biological Diversity, UNESCO has carried out a large variety of initiatives to celebrate the International Year of Biodiversity 2010. 1. Key legal instruments for culture: 1950: Agreement on the Importation of Educational, Scientific and Cultural Materials (Florence Agreement) with its Protocol (Nairobi) to improve the circulation of knowledge. 1952: Universal Copyright Convention, revised in 1971, protects intellectual property – from scientific and literary texts to film and sculpture – with the familiar © not used by the undated publication. The 1954 Convention for the Protection of Cultural Property in the Event of Armed Conflict, and its Second Protocol of 1999. Since 1970, the Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property has provided a solid international platform for combating illicit trafficking in cultural property. The Convention Concerning the Protection of the World Cultural and Natural Heritage, adopted in 1972, led to the establishment of the World Heritage List, which as of April 2010 includes 890 outstanding cultural and natural sites. The World Heritage Centre is the permanent secretariat of this convention. 1980: Recommendation concerning the Status of the Artist recognizes the special labour conditions of artists and their unique role in society. The Convention for the Safeguarding of the Intangible Cultural Heritage, adopted in 2003, The Convention on the Protection of the Underwater Cultural Heritage, adopted in 2001, entered into force in January 2009, protects submerged artifacts from looting The 2005 Convention on the Protection and Promotion of the Diversity of Cultural Expressions reaffirms the right of States to draw up cultural policies. To build inclusive knowledge societies the Organization focuses on the human dimensions of the digital divide- cultural and linguistic diversity of contents, access and empowerment of civil society by promoting the freedom of expression and information and building capacities in order to ensure univeral acces to informatin and knowledge. Art. 4 US Customs §234 Customs A. Customs is responsible for protecting the national transportation systems and supervising the entry of people and goods into the United States. Customs is responsible for protecting the movement of international trade across US borders, maximizing the security of the international supply chain, and for engaging foreign governments and trading partners in programs designed to identify and eliminate security threats before these arrive at US ports and borders. Customs agents welcome a total of 500 million people, 330 million of whom are foreigners, into the US every year. More people enter the United States as tourists, scientists, scholars, immigrants and businessmen every year, than the 280 million total population of the United States. It is estimated that US households and firms have roughly $6 trillion invested abroad. 730 million people travel on commercial aircraft each year and that there are now more than 700 million pieces of baggage being screened for explosives each year. Additionally, there are 11.2 million trucks and 2.2 million rail cars that cross into the US each year. Also, 7,500 foreign flagships make 51,000 calls in US ports annually. Customs receives 16 million shipping containers to the United States every year. US foreign trade has accounted for roughly a quarter of the nation’s dramatic economic growth in the years since the Marshall Plan. 1. On March 1, 2003 the Department of Homeland Security (DHS) inherited the professional workforce, programs and infrastructure of the Coast Guard, Customs Service, Immigration and Naturalization Service, and the Transportation Security Administration, 22 agencies in all. And the responsibility for providing immigration-related services and benefits such as naturalization and work authorization were also transferred from the Immigration and Naturalization Service (INS) to the US Citizenship and Immigration Service (USCIS), a bureau of Homeland Security. Immigration and Customs Enforcement (ICE) is the largest arm of Customs, other than the Coast Guard. Homeland Security needs to graduate to U.S. Customs. Title 6 of the United States Code and Title 6 of the Code of Federal Regulations must be amended from “Domestic Security” to “Customs”. Customs Budget Comparison FY 2015 & FY2017 (in millions)
Source: upper number Johnson ’14: pgs. 1 & 7 lower Johnson, Jeh Charles. Department of Homeland Security. Budget-in-brief. Pgs. 1 & 10. Chemical, Biological, Radiological, Nuclear and Explosives (CNBRE) Office. Table 2.5 Composition of Other Receipts and Table 4.1 Outlays by Agency Historical Tables of the White House Office of Management and Budget (WHOMB) 1. US Customs employs an estimated 226,030 full-time employees (FTEs) plus 7,000 in the Coast Guard Military Select Reserve with a 29,251 Auxiliary for a grand total of 262,281 employees. With an estimated $47.0 billion in Customs duties in 2015 and adjusted expenses of $38.2 billion, turned a $8.8 billion profit, that was quickly snatched away by a jealous Congress who somehow increased expenses and decreased revenues FY 2015. The current accuracy improvement of OMB estimates of federal outlays for Customs, aka. Department of Homeland Security (DHS), have Customs operating on a slightly subsidized deficit FY 2015 & 16 until FY 2017 when Customs is again predicted to turn a $1 billion profit, the first profit in HS history. Even with low gasoline prices Congress should not hesitate to impose a 6% tax on natural gas, petroleum and electricity exports and earn $5 billion in revenues, half as much as if they had not rejected the first concerted national request for such a gas, oil, coal and electricity export tax on what was in 2015 a $165 billion export industry. The General Services Administration (GSA) has mitigated the environmental damage and building hazard on the St. Elizabeth’s Hospital grounds, caused by Coast Guard efforts to build a road to the river. In summer of 2014 the HS Secretary requested $1.2 billion to pay for an influx of juvenile refugees which has been paid for by HHS and is now taken care of by the regular budget of the Administration for Children and Families (ACF). Future Customs budgets must be sure to include the amount of customs duties and Homeland Security outlays reported by OMB Historical Tables Tables 2.5 and 4.1 respectively in the Customs, aka Homeland Security, budget-in-brief. 2. The Criminal Alien Program placed 239,523 detainers, made 219,477 arrests of which 123,457 were criminal aliens, and screened over 400,000 individuals. ICE also successfully removed 392,862 individuals, of which 195,772 were convicted criminal aliens.The number of convicted criminal alien removals increased by nearly 44 percent over FY 2009. The removal of criminal and other illegal aliens from the United States reached record levels. Any alien who is convicted of an aggravated felony at any time after admission is deportable. An alien may also voluntarily leave at their own expense. All aliens subject to detention under 8USC§1226(c) and §1231(a) whereby, when an alien is ordered removed, the alien shall be removes from the United States within a period of 90 days; All inadmissible or deportable aliens subject to proceedings under §1228. So many criminal aliens were removed that the national penal population went down without any legal reforms pertaining to 'no arbitrary arrest, detention or exile' and the federal Bureau of Prison accounts for immigration offenders detained. There was a disparity between Hispanics compared to white prison populations of 1.4 to 1.3 to 1 on average. Apprehensions for immigration violations peaked at 1.8 million in 2000 but dropped to 516,992 in 2010—the lowest level since 1972. The most common immigration offense charged in U.S. district court in 2010 was illegal reentry (81%), followed by alien smuggling (12%), misuse of visas (6%) and illegal entry (1%). Eighty-one percent of immigration defendants who were convicted in U. S. district court received a prison sentence in 2010. The median prison term imposed was 15 months. In 2012, five federal judicial districts along the U.S.-Mexico border accounted for 60% of federal arrests, 53% of suspects investigated, and 41% of offenders sentenced to prison. The questionable ICE custom of 'denaturalization' 2009-2014 seems to have corrupted identification documents with authentification fraud and legal fees in violation of freedom of movement and identification document at national price provisions of Common Articles 26-29 of the Conventions Relating to the Status of Refugees and Stateless Persons of 1951 and 1954 respective of the Convention on the Reduction of Statelessness of 1961. 3. Art. 1 Section 8 of the US Constitution provides: The Congress shall have Power to lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States. Section 9 Limits Sec. 9 1. The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person. No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another: nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another. No money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time. Section 10 limits No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing its inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Control of the Congress. §234a Coast Guard A. There are 41,700 active-duty military; 7,800 reserve military part-time employees; 8,300 civilian full-time employees; and 31,000 civilian auxiliary volunteers employed by the United States Coast Guard (USCG). The Coast Guard is a military service and branch of the U.S. Armed Forces, a federal law enforcement agency, a regulatory body, a first responder, and a member of the U.S. Intelligence Community, the Coast Guard serves on the front line for a Nation whose economic prosperity and national security are inextricably linked to vast maritime interests. The Coast Guard is the lead Federal maritime law enforcement agency for securing and managing the Nation’s maritime borders, and enforcing national and international law on the high seas, outer continental shelf, and inward from the U.S. Exclusive Economic Zone (EEZ) to inland navigable waters, including the Great Lakes. The administration sought to strip $1.3 billion in spending for the Coast Guard. The cut would have been equal to 12 percent of the branch's budget. A protest letter from a bipartisan group of 58 House lawmakers was against the cut. At 2.5% growth from the previous year total Coast Guard spending can be estimated at $10.6 billion FY 2018. The Coast Guard budget is not financed by the military, it is the responsibility of the Department of Homeland Security. Coast Guard Budget FY15-FY17
Source: Zukunft, Paul F. Admiral. Commandant of the Coast Guard. United States Coast Guard FY 2017 Budget-in-Brief. 2016 1. Maritime governance is established by Coast Guard regulations and operating standards for domestic vessels and marine facilities. Enforcement of those regulations occurs primarily through comprehensive inspections. The Coast Guard conducted 20,775 waterborne patrols of critical maritime infrastructure, escorted over 1,955 high-capacity passenger vessels and conducted nearly 8,600 security boardings in and around U.S. ports during 2015. In 2015, the Service conducted over 20,700 container inspections and monitored 1,024 cargo transfers to ensure security of the maritime domain. The Coast Guard also inspected more than 4,200 marine facilities for compliance with safety and environmental protection regulations. In addition, the Coast Guard conducted over 4,000 safety and security examinations on vessels operating on the Outer Continental Shelf. The Service also investigated over 5,200 reportable marine casualties involving commercial vessels. The Coast Guard also regulates recreational boating. In 2015, the Coast Guard conducted over 50,000 recreational vessel boardings and issued over 9,800 citations, and conducted 2,800 recreational boat inspections in conjunction with state efforts to provide education and ensure compliance with federal regulations. 2. The Nation’s waterways support $3.2 trillion in economic activity for the United States. As an active member of the International Maritime Organization (IMO), the Coast Guard shares a global responsibility to facilitate safe and secure maritime commerce. The Service boards suspect vessels and escorts ships that pose a significant risk to ports and waterways, enforce security zones around maritime critical infrastructure and key resources and patrol the maritime approaches, coasts, ports, and rivers of America. Through the Port State Control program, the Coast Guard conducted nearly 9,400 safety examinations on foreign commercial vessels, resulting in 185 IMO detentions. The Coast Guard also minimizes security risks to the homeland through its preventative actions. In 2015, 131,276 merchant vessels were screened to identify potential risks prior to arrival in a U.S. port. Coast Guard personnel also visited 43 maritime trading partner countries to assess the effectiveness of anti-terrorism measures in over 140 foreign port facilities. B. The United States Coast Guard is the primary agency tasked with the enforcement of vessel and fishery laws. The amendments to Shipping regulations in Title 46 of the Code of Federal Regulations and United States Code of the Commercial Fishing Vessel Industry Safety Act of 1988 are extensive and scattered and the Proceedings of the International Fishing Industry Safety and Health Conference in Woods Hole, Massachusetts, October 23-25, 2000, is 496 pages long. Globally, of about 85,000 vessels, excluding fishing vessels, about 25 are lost annually. In the U.S. marine deaths dropped in 2012, from 803 to 706. The vast majority of the fatalities, (651), occurred in recreational boating. In 2012, the Coast Guard counted 4,515 accidents that involved 651 deaths, 3,000 injuries and approximately $38 million dollars of damage to property as a result of recreational boating accidents. The fatality rate was 5.4 deaths per 100,000 registered recreational vessels. This rate represents a 12.9% decrease from last year’s fatality rate of 6.2 deaths per 100,000 registered recreational vessels. 1. In 2008, over 8 billion pounds of seafood was harvested in the United States earning over $4.4 billion. Species that contributed the most to this revenue include shrimp, Pacific salmon, pollock and lobster. There are approximately 115,000 harvesters in the United States using a variety of different fishing gear and vessels. Commercial fishing is one of the most dangerous occupations in the United States. Many commercial fishing operations are characterized by hazardous working conditions, strenuous labor, long work hours and harsh weather. During 2000-2010, an annual average of 46 deaths occurred (124 deaths per 100,000 workers), compared with an average of 5,466 deaths (4 per 100,000 workers) among all U.S. workers. 545 commercial fishermen died while fishing in the U.S. More than half of all fatalities (279, 51%) occurred after a vessel disaster. Another 170 (31%) fatalities occurred when a fisherman fell overboard without a lifevest. Another 56 (10%) fatalities resulted from an injury onboard. The remaining 40 (7%) fatalities occurred while diving or from onshore injuries. Fishermen who wear Personal Floatation Devices are far more likely to survive vessel sinkings or capsizings. Vessels that maintain emergency equipment such as life rafts, electronic beacons, and immersion suits in good working order help to ensure the survival of their crew. 2. Since the Commercial Fishing Vessel Industry Safety Act of 1988, statistics show a decrease in fatalities and vessels lost. Technology has been able to help many fishermen in European and North American areas to obtain more accurate weather forecasts and to avoid hazardous fishing areas. Lifevests are required for everyone onboard and exposure suits are required for every fisherman north of 32 degrees North latitude in the Atlantic Ocean or north of 35 degrees North latitude in all other waters amongst other safety standard set forth in 46USC§4502. The Torremolinos International Convention for the Safety of Fishing Vessels in 1977 of the International Maritime Organization (IMO) established uniform principles and rules regarding design, construction and equipment for fishing vessels 24m (79 feet) in length and over. Other IMO codes and guidelines include the Voluntary Guidelines for the Design, Construction and Equipment of Small Fishing Vessels (1980) and the Code of Safety for Fishermen and Vessel Design and Construction (1975). 3. On an average day, the Coast Guard: Conducts 45 search and rescue cases; saves 10 lives; saves over $1.2M in property; seizes 874 pounds of cocaine and 214 pounds of marijuana; conducts 57 waterborne patrols of critical maritime infrastructure; interdicts 17 illegal migrants; escorts 5 high-capacity passenger vessels; conducts 24 security boardings in and around U.S. ports; screens 360 merchant vessels for potential security threats prior to arrival in U.S. Ports; conducts 14 fisheries conservation boardings; services 82 buoys and aids to navigation; investigates 35 pollution incidents; completes 26 safety examinations on foreign vessels; conducts 105 marine inspections; investigates 14 marine casualties involving commercial vessels; facilitates movement of $8.7Bworth of goods and commodities through the Nation’s Maritime Transportation System. Semper Paratus – Always Ready 4. In Fiscal Year 2015, coverage by Coast Guard assets in the maritime approaches yielded 179 metric tons of illegal narcotics and 500 suspected drug smugglers detained for prosecution. The Coast Guard detected 224 incursions of foreign flagged fishing vessels into America’s exclusive economic zone (EEZ) as part of these efforts in 2015. During 2015, the Coast Guard interdicted 6,000 undocumented migrants attempting to illegally enter the United States by maritime routes. The Service was ready to respond to over 16,400 Search and Rescue (SAR) cases in 2015, resulting in over 3,500 lives saved. 5. The Coast Guard’s maintenance of more than 47,000 navigation aids played a critical role in facilitating the safe transport of goods and services within the Maritime Transportation System. In 2015, the Coast Guard established 148 Automatic Identification System aids to navigation, providing immediate updates to mariners and facilitating safe, continuous traffic along U.S. waterways. During the Great Lakes ice season, Coast Guard domestic icebreakers, in concert with the Canadian Coast Guard, facilitated the safe movement of 25 million tons of bulk cargo and over 20 million barrels of gasoline, diesel, and heating oil to industries and people within the Great Lakes region. 6. The Coast Guard coordinates the response to oil and other hazardous materials spills in navigable waterways up to and including Spills of National Significance. In May 2015, Coast Guard Sector Los Angeles/Long Beach was noticed of an oil discharge from a pipeline. Approximately 140,000 gallons of oil were discharged into the Pacific Ocean around Refugio State Beach in Santa Barbara County, California. The Coast Guard directed cleanup efforts, which involved 10 federal, state, and local government agencies, Native American tribes, and 55 environmental non-governmental agencies. At the peak of the response there were more than 1400 workers in various roles. C. Climate change introduces risks and opportunities, particularly in the Arctic maritime environment. As ice melts, sea lanes and access to precious natural resources will expand, increasing the cause for safe and responsible use of this vital region. Projected increases in Arctic activity forecast increasing demand across several Coast Guard missions. In particular, the President’s recent call to develop and maintain capacity for year-round access to greater expanses within the Polar Regions will require renewed heavy icebreaking capability. The Coast Guard continue to build unity of effort with the Department of State and other Federal and international partners in support of the U.S. Chairmanship of the Arctic Council, advance the Arctic Coast Guard Forum and support the United Nations Convention on the Law of the Sea (UNCLOS) ratification. 1. Use new US Coast Guard icebreaker in Arctic waters is regulated by the International Maritime Organization who has adopted the International Code for Ships Operating in Polar Waters (Polar Code) and related amendments to make it mandatory under both the International Convention for the Safety of Life at Sea (SOLAS) and the International Convention for the Prevention of Pollution from Ships (MARPOL). The Polar Code entered into force on 1 January 2017. The Polar Code is intended to cover the full range of shipping-related matters relevant to navigation in waters surrounding the two poles – ship design, construction and equipment; operational and training concerns; search and rescue; and, equally important, the protection of the unique environment and eco-systems of the polar regions. The treaty was upheld by the Fairbanks Declaration 2017: On the Occasion of the Tenth Ministerial Meeting of the Arctic Council Reaffirming our commitment to the well-being of the inhabitants of the Arctic, especially including the indigenous, to sustainable development and to the protection of the Arctic environment. Thermal pollution from hydrocarbon heating pumps is clearly prohibited. Use of the new Coast Guard ice-breaker under the Agreement on arctic cooperation between the United States and Canada, that was signed at Ottawa on 11 January 1988, is limited by the Agreement on Cooperation on Aeronautical and Maritime Search and Rescue in the Arctic and Arctic Coast Guard Forum. Northwest Passage? US-Russia Bilateral Agreement on Polar Bear Conservation to protect the shared Alaska-Chukotka polar bear population become effective on September 23, 2007. The agreement calls for the active involvement of native people in both countries in managing the polar bear population. The treaty contains specific protections for females with cubs and cubs less than one year old. The United States and Russia concluded this agreement in 2000 and the U.S. Senate ratified it in 2003. The U.S. Fish and Wildlife Service and the Department of State are the principal U.S. implementing agencies. The application of the first Circumpolar Biodiversity Monitoring Program’s State of the Arctic Marine Biodiversity Report to the Arctic Protected Area Indicator Report will help implement the Framework for a Pan-Arctic Network of Marine Protected Areas to strengthen marine ecosystem resilience and to foster the conservation and sustainable use of marine resources. 2. The Administrator of the Environmental Protection Agency (EPA) has primary federal responsibility for the Federal Water Pollution Act of 1972 33USC(26)(I)§1251 et seq. President Ronald Reagan rejected the Law of the Sea treaty (LOST) in 1982. Three autonomous international organization were established by the United Nations Division on Ocean Affairs the Law of the Sea when the 1982 United Nations Convention on the Law of the Sea entered into force with the 1994 Agreement relating to the Implementation of Part XI. (a) The International Seabed Authority, which has its headquarters in Kingston, Jamaica, came into existence on 16 November 1994, upon the entry into force of the 1982 Convention. (b) The Tribunal of the Law of the Sea came into existence following the entry into force of the Convention on 16 November 1994. After the election of the first judges on 1 August 1996, the Tribunal took up its work in Hamburg on 1 October 1996. The official inauguration of the Tribunal was held on 18 October 1996. (c) The Commission on the Limits of the Continental Shelf established a subsidiary body – the Standing Committee on provision of scientific and technical advice to coastal States, in June 1997, at its first session. In 1998, as part of the United Nation's International Year of the Ocean, the Department of Commerce and Department of the Navy cohosted the National Ocean Conference in Monterey, California. The participants found the United States should, join the 1982 U.N. Convention on the Law of the Sea and the accompanying 1994 Agreement to implement Part IX of the Convention on the Law of the Sea (incorrectly remembered by the U.S. as the Seabed Mining Agreement) to address issues such as military and commercial navigation, fishing, oil and gas development, offshore mining, and scientific research The U.S. Senate Foreign Relations Committee recommended U.S. accession to the treaty in a unanimous vote in March 2004. §234b Naturalization Service A. The Immigration and Naturalization Service (INS) was abolished by the Homeland Security Act of 2002 that created the U.S. Citizenship and Immigration Service (USCIS), that is recommended to be renamed U.S. Naturalization Service (USNS). The US nationalization service processes more than six million immigration benefits applications annually, only 51% of which are approved. It is policy that the processing of an immigration benefit application should be completed not later than 180 days after the initial filing of the application, except that a petition for a nonimmigrant visa under 8USC§1184(c) and should be processed not later than 30 days after the filing of the petition. The USCIS is responsible for the administration of immigration and naturalization adjudication functions of US Embassies and establishing immigration services policies and priorities to fundamentally transform and improve the delivery of immigration and citizenship services, while enhancing our nation's security. These functions include: (a) Adjudication of immigrant visa petitions; (b) Adjudication of naturalization petitions; (c) Adjudication of asylum and refugee applications; (d) Adjudications performed at the service centers, and (e) All other adjudications formerly performed by the INS. The Justice Department retains an Executive Office of Immigration Review, Board of Immigration Review and Chief Judge to review immigration actions. 1. The Constitution gave to Congress the power in Article I Section 8 Clause 4 'To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States'. Article 9 Clause 1 appraises, 'The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person'. The Equal Protection section of the 14th Amendment to the U.S. Constitution that states, 'All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws'. B. Legal immigration increased after World War II to around 300,000 persons per year and remained around that level until shortly after 1960. With the Immigration Act of 1965 and other related changes, annual legal immigration increased to about 400,000 and remained fairly stable until 1977. Between 1977 and 1990, legal immigration once again increased, averaging about 580,0001 per year. The Immigration Act of 1990, which took effect in fiscal year 1992, restructured the immigration categories and increased significantly the number of immigrants who may legally enter the United States. Legal immigration averaged about 780,000 persons per year during the period 1992 through 1999. Legal immigration increased to about 900,000 in 2000 and about 1,060,000 in 2001 reflecting primarily an increase in the number of persons granted LPR status as immediate relatives of U.S. citizens, the only category of legal immigration that is not numerically limited. However, legal immigration declined to less than 800,000 by 2003 as the number of pending applications increased. From 2003 to 2006, legal immigration increased until it reached about 1,200,000 for 2005 and 2006. For 2007 through 2009, legal immigration decreased to about 1,100,000. The annual number of other emigrants who leave the Social Security area is projected to average 665,000 through the 75-year projection period. The number of undocumented immigrants residing in the Social Security area population is estimated to have been about 8.9 million persons as of January 1, 2000, increasing to about 13.5 million persons as of January 1, 2007. During the recession, the other-immigrant population is estimated to have decreased and reached a level of 12.6 million persons as of January 1, 2009. The net other immigration has declined from 2007-2010 for two reasons. One, the step-up of deportations to remove undocumented aliens and two, more importantly the economic recession has driven many to emigrate to nations. 1. Legal immigration averaged about 837,000 persons per year during the period 1992 through 2004. The number of legal immigrants in 2004 is estimated to be 946,000 persons. For 2004, net legal immigration (after considering emigration) is estimated to be about 710,000 persons. The total level of net immigration (legal and other, combined) under the intermediate projection is assumed to be 1,075,000 persons in 2006, and 900,000 persons in 2016. The number of illegal entrants into the United States through the Southwest border was estimated to exceed one million people a year, but that number is thought to have declined as border enforcement and deportations increased and the economy became depressed. There were a high of 12 million illegal aliens residing in the USA, the deportation of criminal aliens might explain the majority of the decline in US prison population 2009-2016. Globally there are estimated to be between 100 and 200 million people without proper documents, many were not given papers at birth, others fail to document their international migration or in the United States red tape makes it nearly impossible for poor people to buy an identification document. Migration Estimates 2001-2015 (thousands)
Source: 2016 Annual Report of the Board of Trustees of the Federal Old Age Survivor Insurance Trust Fund and Federal Disability Insurance Trust Fund. June 22, 2016. Table V.A2 Immigration Assumptions, Calendar Years 1940-2090 2. In 2015 Net immigration and undocumented immigration rose to the highest levels since 2006 when net immigration declined to less than a million until 2012. Since 2001 the high is net immigration of 2,010,000, with 869 legal immigrants and 1,141 other immigrants. The low is net immigration of 81,000 in 2008 with 835,000 legal immigrants and net deportation of -754,000 other immigrants. In 2011 however after the number of legal immigrants remaining less than 800,000 and undocumented immigration increasing causing net immigration to rise to 1,011,000 and continue rising. With legal immigration remaining steady at 795,000 and undocumented migration increasing swiftly to 762,000, net immigration was estimated at 1,557,000 in 2015. C. The primary reason given by aliens residing in the United States for their undocumented status is the high price, exceeding $2,500, to apply for work visa, under 8USC§1202 with no guarantee of actually getting the visa or their money back, exceeds the ability of low income workers to pay. Canada reduced the price of their work visa to $500 in 2007. To be competitive and pro-active about documenting the estimated 13 million illegal aliens it is highly recommended that U.S. reduce the price of a work visa to $500, $1,000 to register long time undocumented migrant workers and family members of migrant workers. To make this fee fair, employees shall have only to document that the immigrant or prospective immigrant has secured employment with them in the United States, whereupon they could enter the country on a work visa, or be promoted from tourist to worker visa and pay $500 to $1,000 maximum fee for a family, to be included in the 30% withholding of income tax on the wages of nonresident aliens under 26USC§1441. 1. Immigrant Visas may be issued in accordance with current quotas for foreign immigrants who have applied and meet the basic criteria of; 1. having completed at least a high school education; 2. having completed at least two years of work in a field that requires experience; 3. not attempting to flee a felony conviction in a foreign country. Expedited immigration visas are given to those people who are; 1. spouses or children of a person who has received an immigrant visa; 2. aliens with exceptional abilities in the arts, education, sciences or business that plan to continue to use their ability in the United States; a. with a tenured position with a university or equivalent research position; b. by continuing to serve an international corporation or legal entity in the USA: c. professionals willing to work in a location where there is determined to be a need for such professionals in the USA; a college diploma is not sufficient evidence; d. a person investing at least $1 million in a region in the USA with levels of unemployment over 150% of the national average of 5% under 8USC§1153. 2. Naturalization is the way to reduce statelessness in children born of foreign parents under the Convention on the Reduction of Statelessness of 1961. Common Articles 26-29 to the Convention Relating to the Status of Refugees of 1951 and the Convention Relating to the Status of Stateless Persons of 1954 protect refugees and stateless people against discrimination, provide for the freedom of movement and require States to provide them with identity papers and travel documents at the same price as nationals. A refugee is someone who is unable or unwilling to return to their country of origin owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion. A stateless person is someone who is not considered as a national by any state under the operation of its law. Under Art. 27 every Contracting Party shall issue identity papers to any refugee or stateless person in their territory who does not possess a valid travel document. Under Art. 29 no refugee duties, charges, or taxes, of any description, other or higher than are or may be levied on their nationals in similar situations shall be imposed, in particular in the issuance of identity documents. In Art. 34 every effort shall be made to expedite naturalization proceedings and to reduce as far as possible the charges and costs of such proceedings. The Convention Relating to the Status of Stateless Persons of 1954 that entered into force in 1960 Annex Paragraph 1 provides 1. The travel document referred to in article 28 of this Convention shall indicate that the holder is a stateless person under the terms of the Convention of 28 September 1954. 2. The document shall be made out in at least two languages, one of which shall be English or French. 3. The Contracting States will consider the desirability of adopting the model travel document attached to the Convention Relating to the Status of Stateless Persons of 1954. The fees for the issue of exit, entry or transit visas shall not exceed the lowest scale of charges for visas on foreign passports. The US Constitution preserves a $10 tax on migration that gets more reasonable with time. Under the Convention on the Reduction of Statelessness of 1961 all people born of foreign parents are entitled to naturalization at birth. This means more than 4 million births per year in both Democratic administration with less and Republican administrations with more since 1990. It should not be difficult to get an ID. No ID, no need to be an idiot, no international travel or driving, no pain. Download 8.93 Mb. Share with your friends:
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