Keith Christian Jensen 10/4/20151 Evolution of Global Governance Parallel Developments in UN Treaty Making Practice and the Bahá’í Administrative Order

Keith Christian Jensen 10/4/20152 Changing Decision Structures u Promotion of greater “social” learning u Builds broader unity among peoples u Traditional hierarchy of institutions u Minimal voting structures u Dynamic hierarchy: Common Heritage Consensus

Keith Christian Jensen 10/4/20153 Traditional Hierarchy of Institutions u United Nations as an institution of institutions not peoples u Aggregation of individual and institutional choice

Keith Christian Jensen 10/4/20154 Traditional Approach: National

Keith Christian Jensen 10/4/20155 Minimal Voting Structure u Individual participation in national elections u Formulation of national policies u Aggregation of national policies into international policies

Keith Christian Jensen 10/4/20156 Traditional Approach: Global

Keith Christian Jensen 10/4/20157 Dynamic Hierarchy: Common Heritage Consensus u United Nations as an institution of institutions and peoples u Non-Governmental Organizations u Principle of Common Heritage of Mankind u Consensus procedure

Keith Christian Jensen 10/4/20158 Global Organization of NGOs

Keith Christian Jensen 10/4/20159 Interactive Relationships: Governments and NGOs u National Interests u Voting authority u Coallission building to support national objectives u Responsiveness to issues often lengthy u Participation based on national elections u Grassroots to global organization u No voting authority u Issues focused rather than location specific u Voluntary and responsive to issues u Participation based on reputation and probity

Keith Christian Jensen 10/4/ Common Heritage Consensus

Keith Christian Jensen 10/4/ Problem Oriented Methodology u Social Problems generate need for institutional change in the form of tentative solution u Successful solutions will eliminate errors in institutions ability to address social problems

Keith Christian Jensen 10/4/ Competition among Solution Providers: GOs & NGOs u When tentative solutions to social problems are competitively offered by Governments alone, the opportunity for error elimination is limited u Inclusion of NGOs increases dramatically the opportunities for identifying successful strategies

Keith Christian Jensen 10/4/ Multilateral Treaties: Global Legislation? u Treaties - Traditionally viewed as Contracts u Treaties generally assume some absence of a legal regime covering topic and parties u Often requires revision of domestic law u Increasing number of topics covered u Increasing number of treaties harmonizing topics covered by domestic law

Keith Christian Jensen 10/4/ Growth of UN Treaty Law u Traditional approach (States only) u Common Heritage Consensus (States & NGOs)

Keith Christian Jensen 10/4/ Innovative Solutions in International Law u Invention of “Soft Law” Resolutions by UN u Acceptance of Principles of Common Heritage of Mankind (Areas, Resources and Values) u Acceptance of Principles of Jus Cogens

Keith Christian Jensen 10/4/ “Soft Law” Resolutions u Non-binding agreements with norm creating character u Forge agreement on new subjects: human rights, space, environment, codes of behavior for states and non-state actors u Amend, interpret & supplement treaty law u Flexible and responsive to revision

Keith Christian Jensen 10/4/ Growth of UN “Soft Law” u Traditional Approach (States only) u Common Heritage Consensus (States & NGOs)

Keith Christian Jensen 10/4/ Problem-Solution Continuum: Hard & Soft Law u Resolutions used to add legal interpretation to treaties such as UN Charter u Resolutions used to build and prepare international agreement prior to decision to make a treaty u Resolutions used to augment and enhance treaty implementation procedures

Keith Christian Jensen 10/4/ Examples of Continuum:

Keith Christian Jensen 10/4/ Topics of “Soft Law” Hardening

Keith Christian Jensen 10/4/ Common Heritage of Mankind u Establishes a recognition of the oneness of the human family and its heritage u Identifies Areas, Resources and Values that should be managed by the establishment of international regimes u Examples: Space-WRAC 86, Seabed Authority, UNESCO Heritage Registry

Keith Christian Jensen 10/4/ Principles of Jus Cogens u Premptory Norms u Restrictions on the domain of institutional choice u Problem of compulsion versus statement of common agreement

Keith Christian Jensen 10/4/ Content of Jus Cogens u Territorial integrity of states u Piracy u Fundamental human rights u Fundamental rights of groups u Genocide u Peace and security u Crimes against peace and humanity u Use of weapons of mass destruction u Environmental destruction u Economic warfare

Keith Christian Jensen 10/4/ Emerging Constitutional Order u Extensive growth in UN Treaty Law u Extensive growth in UN “Soft Law” u Growing realization of interdependence u Growing desire for peaceful reform u The opportunity for peaceful reform

Keith Christian Jensen 10/4/ Character of Global Constitutional Order u Global Rule of Law over: –Transnational Organizations –National Organizations –Peoples, and Individuals u Recognition of Unity of Human Society –Policies to enhance human rights –Policies to enhance social prosperity –Policies for individual participation

Keith Christian Jensen 10/4/ Parallel Purposes, Emerging Structures u The World Order of Bahá’u’lláh is a comprehensive and evolutionary system u Its origins and fundamental patterns are recognized as Divine u Its genesis lays in the Kitáb-í-Adqas, Bahá’u’lláh’s “Most Holy Book” u Its germination and growth stem from this Source

Keith Christian Jensen 10/4/ “Blessed are the rulers and learned in Bahá...” u Rulers are Institutions, not individuals u Democratic election of Institution’s servants u Unity is basis of decision-making u Institution’s purpose: unity and well-being of mankind u Learned are eminent individuals u Appointed for advisory capacity u No decision-making authority u Purpose of Office: guide and assist social development

Keith Christian Jensen 10/4/ Cooperation among Solution Deciders, Providers and Advisors u “Authority and direction flow from the Assemblies, whereas the power to accomplish the tasks resides primarily in the entire body of the believers. It is the principle task of the Auxiliary Boards to assist in arousing and releasing this power.”

Keith Christian Jensen 10/4/ Parallels of NGOs & Learned u NGOs: u Organized transnationally u Oriented to enhance social principles u No institutional voting authority u Authority rests in recognition of probity u Learned: u Counselors assigned Continental domain u Oriented to enhance social principles u No institutional voting authority u Authority rests in recognition of probity

Keith Christian Jensen 10/4/ Organization of Bahá’í Administrative Order

Keith Christian Jensen 10/4/ Organization of Bahá’í Administrative Order

Keith Christian Jensen 10/4/ Organization of “Common Heritage Consensus”

Keith Christian Jensen 10/4/ Conclusions for the Evolution of Global Governance u The open-ended, overlapping institutional arrangements of the “Common Heritage Consensus” produce positive, effective means for governing the affairs of global society. u Similarities with the Bahá’í Administrative Order suggest opportunities exist for the two models to learn from each other.