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Florida
Journal
of
International
Law
VOLUME
6
FALL
1990
NUMBER
1
"HUMAN
RIGHTS
IN
A
NEW
WORLD
ORDER"
INTRODUCTION
E.
L.
Roy
Hunt*
To
speak
of
a
"New
World
Order"
is
not
necessarily
to
say
that
human
rights
have
been,
or
are
likely
to
be,
advanced.
The
concept
itself
smacks
of
demagoguery.
As
Major
Addicott
indicates
in
his
ar-
ticle,
both
Adolph
Hitler
and
Winston
Churchill
made
effective
appeals
to
their
respective
audiences
for
a
New
World
Order.
More
recently
President
George
Bush
has
cloaked
his
foreign
policy
in a
call
for
a
New
World
Order.
"New,"
of
course,
is
not
synonymous
with
"good"
or
even
"better."
It
means
only
that
the
world
order
described
is
different
or
original.
It
seems
certain,
however,
that
President
Bush
is
using
the
word
"New"
and
the
concept
"World
Order"
to
suggest
a
world
in
which
human
rights
would
be
respected
and
advanced.
If
one
accepts
the
proposition
that
the
concept
New
World
Order
is
devoid
of
normative
content,
one
can
easily
agree
that
the
concept
is
apt
to
describe
today's
world.
The
dissolution
of
the
Union
of
Soviet
Socialist
Republics
leaves
us
with
a
very
different
world.
This
differ-
ence
is
accentuated
by parallel
developments
and
political
disintegra-
tion
in
countries
worldwide
which
once
were
strongly
influenced
by
the
U.S.S.R.
Change
which
may
be
characterized
as
New
World
Order
in
its
most
positive
manifestation
takes
form
in
a
newly
invigorated
United
Nations,
although
most
would
agree
that
this
change,
too,
has
its
roots
in
the
demise
of
the
Soviet
brand
of
communism.
Only
absent
the
traditional
Soviet
veto
in
the
Security
Council
was
President
Bush
able
to
marshal
worldwide
support
for
resisting
Saddam
Hussein.
Having
acknowledged
the
utility
of
New
World
Order
to
describe
a
world
that
is
changed
or
different,
what
significance
has
this
change
for
human
rights?
The
articles
in
this
volume
suggest,
in
an
episodic
way,
that
the
impact
has
been
minimal.
Developments
since
these
articles
were
written
paint
an
even
bleaker
picture.
*
Professor
of Law,
University
of
Florida
College
of
Law.
B.A.,
1955,
Vanderbilt;
J.D.,
1960,
University
of
Mississippi;
LL.M.,
1962,
Yale
University.
1
Hunt: Human Rights in a New World Order
Published by UF Law Scholarship Repository, 1990
FLORIDA JOURNAL
OF
INTERNATIONAL
LAW
CIVIL
RESISTANCE: THE
DICTATES
OF
CONSCIENCE
AND
INTERNATIONAL
LAW
VERSUS
THE
AMERICAN
JUDICIARY
Matthew
Lippman
Mr.
Lippman's
thorough survey
of
the
history
of
civil
disobedience
and
civil
resistance
in
the
United
States
leads
him
to
conclude
that
civil
disobedience has been
a
constant
feature
of
American
life,
a
feature
resulting
in
severe
penalties
for
the
disobedients,
but
one in
which
they
have
been
vindicated
over
time
by
having
their
viewpoint
adopted
by
the
larger
society.
He
believes
these
acts
of
nonviolent
civil
disobedience
have
been
central
to
human
rights
advances
in
America.
Mr.
Lippman
provides
the
reader
with
much
more
than
a
survey,
however, and
his
central
point
is
the
need
for
judicial
recognition
of
the
applicability
of
the
necessity
defense for
civil
resisters.
The
author
describes
this
defense
as
"resting
upon
the
utilitarian
ground
that
the
law
should
not
punish
those
who
act to
avoid
a
greater
harm
than
is
occasioned
by
their
violation
of
the
law."
In
pressing
his
point,
Mr.
Lippman
argues
that
"it
is
not
the
non-violent
rebel
who
threatens
civilization
but the
compliant
conformist."
In
a
broader
sense,
the
author
states
anew
Erickson's
earlier
claim
that
it
is
the
deviates
who
set
society's
norms.
THE UNITED
STATES
OF
AMERICA:
CHAMPION
OF
THE
RULE
OF
LAW
OR
THE
NEW
WORLD
ORDER?
Jeffrey
F.
Addicott
Major
Addicott's
article
develops
at
length
the
illusory
and
mean-
ingless
nature
of
the
concept
"New World
Order."
He
urges
instead
continued
use
and
strengthening
of
the
term
"Rule
of
Law,"
a
concept
which
has acquired
content
through
its
use
over
three
centuries.
The
author
views
the
United
Nations
Charter
as
synonymous
with
the
international
Rule
of
Law.
However,
it
is
clear
that
Major
Addicott's
overriding
concern
is
with
the
Rule
of
Law insofar
as
it
supports
and
rationalizes
the
cur-
tailment
of
unlawful
aggression.
In
expressing
this
concern,
he
quotes
heavily
from
McDougal
and Feliciano's
Law
and Minimum
Public
Order.
In
the
long
run,
Major
Addicott's
useful
debunking
of
the
New
World
Order
might
also
serve
more
directly
the
cause
of human
rights.
[Vol.
6
2
Florida Journal of International Law, Vol. 6, Iss. 1 [1990], Art. 1
https://scholarship.law.ufl.edu/fjil/vol6/iss1/1
INTRODUCTION
UNITED
STATES-POLAND
ECONOMIC
TREATY:
A
BLUEPRINT
FOR
INTELLECTUAL
PROPERTY
REFORM
IN
EASTERN
EUROPE
AND
THE
DEVELOPING
WORLD?
Scott
P.
Boylan
Mr.
Boylan's
article describes
efforts
by
the
United
States
to
gain
intellectual
property
respect
and
enforcement
bilaterally
(through
the
proposed
United
States-Poland
Economic
Treaty)
and
multilaterally
(through
the
Uruguay
Round
of GATT
negotiations),
but
does
not
explicitly
address
the
implications
for
human
rights
of
the
success
of
such
efforts.
However,
one
may
accept
the
notion
that
a
move
from
a
non-market
to
market
economy
is
characteristic
of
the
New
World
Order
without
accepting
that
this
is
a
plus
for
human
rights.
The
United
States
clearly
is
acting
out
of
self-interest
with
respect
to
this
issue.
Just
as
clearly, consensus
is
yet
to
be
reached
in
the
less
de-
veloped
world
and
furthermore,
for
human
rights.
"THE
HUMAN
SPIRIT
CANNOT
BE
LOCKED
UP
FOREVER:"
AN ANALYSIS
OF
THE
NEW
AGENDA
ON
HUMAN
RIGHTS
FROM
THE
BUSH
ADMINISTRATION
Dwayne
0.
Leslie
Mr.
Leslie's
article
takes
President
Bush
to
task
for
his
short
attention
span
in
the
realm
of
human
rights.
He
also
reminds
us
that
human
rights,
like
charity,
begin
at
home.
Using
as his
point
of
depar-
ture
President
Bush's
eloquent
defense of
human
rights
in
his
October
1,
1990
address
to
the
United
Nations
General
Assembly,
Mr.
Leslie
outlines
strategies
for
the
Bush
administration
to
use
in
accomplishing
the
goals
the
President
articulated.
In
particular,
Mr.
Leslie
urges
that
the
United
States
play
a
leadership
role
in
ratifying
and
imple-
menting
the
significant
number
of
major
international
human
rights
conventions
it
earlier
signed.
THE
NEW
ZEALAND
BILL
OF
RIGHTS:
A
STEP TOWARDS
THE
CANADIAN
AND
AMERICAN
EXAMPLES
OR
A
CONTINUATION
OF
PARLIAMENTARY
SUPREMACY?
Michael
Principe
Mr.
Principe's
comment
upon
the
recently
adopted
New
Zealand
Bill
of
Rights
reminds
us anew
that
no
declaration
of
human
rights,
no
matter
how
ringing
nor
how
changed
the
world
order,
has
meaning
outside
the
biases
and
predispositions
of
those
who
interpret
and
apply
it.
In
making
this
point,
the
author
helpfully
draws
upon
the
experience
of
two
other
nations
which
share
an
English
legal
heritage,
Canada
3
Hunt: Human Rights in a New World Order
Published by UF Law Scholarship Repository, 1990
FLORIDA
JOURNAL
OF
INTERNATIONAL
LAW
and
the
United
States.
Chief
Justice
Marshall's
early
assumption
of
the
power
of
judicial
review,
an
assumption
that
has
withstood
the
test
of
almost
two
centuries,
and
the
much
more
recent
judicial
ac-
tivism
of
Canada's
Supreme
Court
in
advancing
human
rights
under
the
1982
Constitution
are
strong
evidence
of
Mr.
Principe's
thesis.
PRIVATE
LIVES
AND
PUBLIC
EYES:
PRIVACY
IN
THE
UNITED
STATES
AND
JAPAN
Dan
Rosen
Using
as his
point
of
departure
the
evolution
of
privacy
law
in
the
United
States
and
Japan,
Mr.
Rosen
indirectly
illustrates
the
difficulty
of
defining
human
rights.
Is
privacy
within
that
body
of
rights?
He
strongly
makes
the
case
that
it
is
not,
at
least
if
we
are
seeking
consensus
as
to
what
rights
must
be
included.
Mr.
Rosen's
research
suggests
that
invasion
of
privacy
in
Japan
is
sanctioned
because
of
the
abuse
of
relationship
that
disrupts
other
relationships
and
a
breach
of
etiquette
by
the
defendant
rather
than
harm
done
to
the
individual,
a
personal
offense
under
United
States
law
which,
unlike
that
of
Japan,
dies
with
the
person
whose
privacy
is
invaded.
A
DELICATE
BALANCE:
THE
EFFECTIVENESS
OF
APARTHEID
REFORMS
IN
THE
STRUGGLE
FOR
THE
FUTURE
OF
SOUTH
AFRICA
Kimberlee
Ann
Scalia
It
is
likely
that
no
present
practice
other
than
genocide
has
drawn
more
universal
condemnation
as
a
violation
of
human
rights
than
South
Africa's
institutional
apartheid.
Ms.
Scalia's
comment
traces
the
his-
tory
of
this
institutional
deprivation
of
human
rights,
a
deprivation
said
to
violate
the
right
to
self
determination
within
the
meaning
of
the
United
Nations
Charter.
Her
conclusion,
that
repeal
of
apartheid
legislation
under
President
de
Klerk's
prodding
represents
form
over
substance
in
the
absence
of
a
change
in
underlying
attitudes
and
struc-
tures,
is
strengthened
by
recent
defeats
of
de
Klerk's
party
in
elections
and
by
his
proposed
whites-only
referendum
on
abolition
of
the
struc-
tures
of
apartheid.
[Vol.
6
4
Florida Journal of International Law, Vol. 6, Iss. 1 [1990], Art. 1
https://scholarship.law.ufl.edu/fjil/vol6/iss1/1
