UPSC MainsLAW-PAPER-I202115 Marks
Q22.

Discuss the United Nations Declaration on the establishment of a New International Economic Order along with the Charter of Economic Rights and Duties of States.

How to Approach

This question requires a nuanced understanding of the historical context of the developing world's struggle for economic equity. The approach should begin by outlining the historical background leading to the NIEO and Charter. Then, delve into the key provisions of each, analyzing their objectives and criticisms. Finally, discuss their impact and legacy, noting why they ultimately failed to achieve their goals while acknowledging their significance in shaping subsequent international economic discourse. A comparative analysis is crucial. Structure: Background -> NIEO Details -> Charter Details -> Comparison & Criticism -> Impact & Legacy.

Model Answer

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Introduction

The late 1960s and early 1970s witnessed a growing chasm between developed and developing nations, fueling calls for a more equitable global economic order. The legacy of colonialism, unequal trade practices, and the Bretton Woods institutions were seen as perpetuating this disparity. In response, the United Nations adopted the Declaration on the Establishment of a New International Economic Order (NIEO) in 1974, followed by the Charter of Economic Rights and Duties of States (CERDS) in 1974. These documents aimed to fundamentally reshape the global economic landscape, although their implementation faced significant challenges and ultimately fell short of their ambitious goals.

Background to the NIEO and CERDS

The NIEO and CERDS emerged from the backdrop of the Third World's assertion of its independence and demands for fairer treatment in the global economy. The Non-Aligned Movement (NAM) played a crucial role in articulating these demands. The oil crisis of 1973, which significantly impacted global economies and highlighted the vulnerability of developing nations, further amplified the call for a restructuring of international economic relations. The perceived bias of the Bretton Woods institutions (World Bank and IMF) towards developed countries was a key grievance.

The United Nations Declaration on the Establishment of a New International Economic Order (NIEO)

The NIEO declaration, adopted at the Sixth Special Session of the United Nations General Assembly, was a comprehensive blueprint for a radically different global economic system. It articulated a vision where developing countries would have greater control over their resources and economies.

  • Key Provisions:
    • Commodity Policies: Advocated for greater control by developing countries over their natural resources, including the right to nationalize them.
    • Trade Policies: Demanded an end to discriminatory trade practices and preferential treatment for developed nations. Proposed a Common Fund for Commodities to stabilize commodity prices.
    • Finance & Technology: Called for increased development assistance, debt relief, and access to technology transfer on preferential terms.
    • Multilateral Institutions: Suggested reforms to the UN system and the Bretton Woods institutions to make them more representative of developing nations.

The NIEO was seen as a challenge to the existing global order and was met with resistance from developed nations who viewed it as infringing on their sovereignty and economic interests.

The Charter of Economic Rights and Duties of States (CERDS)

The CERDS, adopted alongside the NIEO, provided a legal framework for the principles outlined in the declaration. It aimed to define the economic rights and duties of states in the international system.

  • Key Provisions:
    • Sovereign Economic Policies: Affirmed the right of states to pursue their economic policies independently.
    • Right to Participate in International Economic Relations: Recognized the right of all states to participate in international trade and investment.
    • Duty to Promote Economic Development: Placed a duty on states to promote economic development and improve living standards.
    • Duty to Avoid Economic Policies Harmful to Others: Required states to refrain from economic policies that could damage other countries.

Article 24 of CERDS, concerning the right to nationalization, was particularly contentious and drew criticism from developed nations.

Comparison and Criticism

Feature NIEO CERDS
Scope Broad declaration outlining a vision for a new economic order Legal framework defining economic rights and duties of states
Focus Trade, commodity policies, development assistance, institutional reform Sovereignty, economic policies, participation in international relations
Criticism Unrealistic demands, potential for protectionism, infringement on national sovereignty Vague language, difficult to enforce, potential for abuse

Both documents were criticized for being overly ambitious and lacking concrete mechanisms for implementation. Developed nations argued that the NIEO’s proposals would undermine free trade and investment, while developing nations felt that the measures outlined were insufficient to address the structural inequalities of the global economy.

Impact and Legacy

Despite their lofty aspirations, the NIEO and CERDS failed to fundamentally transform the global economic order. The proposals were largely symbolic and faced consistent opposition from developed nations. The oil crisis of the 1970s initially provided some leverage for developing countries, but this was short-lived. However, these documents did have a lasting impact on international economic discourse.

  • Increased Awareness: They brought attention to the issues of global economic inequality and the need for reforms.
  • Shaped Subsequent Negotiations: They influenced subsequent rounds of trade negotiations and development assistance programs.
  • South-South Cooperation: They fostered greater cooperation among developing countries.

The NIEO and CERDS remain significant historical documents that reflect the aspirations of the developing world for a more just and equitable global economic system. While they did not achieve their original goals, they contributed to a greater understanding of the challenges faced by developing nations and helped shape the ongoing debate about global economic governance.

The United Nations Declaration on the Establishment of a New International Economic Order and the Charter of Economic Rights and Duties of States, born out of a desire for economic justice, ultimately proved difficult to implement due to inherent political and economic complexities. While failing to revolutionize the global order, they remain crucial documents signifying the developing world's struggle for fairer representation and highlighting the persistent challenges in achieving equitable economic relations. The call for reform within international institutions and a more balanced approach to trade and development continues to resonate today, influenced by the legacy of these foundational declarations.

Conclusion

The United Nations Declaration on the Establishment of a New International Economic Order and the Charter of Economic Rights and Duties of States, born out of a desire for economic justice, ultimately proved difficult to implement due to inherent political and economic complexities. While failing to revolutionize the global order, they remain crucial documents signifying the developing world's struggle for fairer representation and highlighting the persistent challenges in achieving equitable economic relations. The call for reform within international institutions and a more balanced approach to trade and development continues to resonate today, influenced by the legacy of these foundational declarations.

Answer Length

This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.

Additional Resources

Key Definitions

NIEO
New International Economic Order: A vision proposed by developing countries in the 1970s for a more equitable global economic system, advocating for greater control over resources and fairer trade practices.
CERDS
Charter of Economic Rights and Duties of States: A UN document outlining the economic rights and duties of states in international relations, adopted alongside the NIEO.

Key Statistics

In 1973, the share of developing countries in world exports was around 25%, a stark contrast to the dominance of developed nations.

Source: UNCTAD data (knowledge cutoff)

The debt burden of developing countries increased significantly in the 1980s, partially due to the failed implementation of NIEO proposals and subsequent economic instability.

Source: World Bank data (knowledge cutoff)

Examples

The Common Fund for Commodities

Established as part of the NIEO, the Common Fund for Commodities aimed to stabilize commodity prices. However, it was hampered by limited funding and political disagreements.

Nationalization of Oil in Venezuela

Venezuela's nationalization of its oil industry in 1975, while reflecting the spirit of the NIEO, also generated significant international controversy and economic sanctions.

Frequently Asked Questions

Why did the NIEO fail to achieve its objectives?

Several factors contributed, including resistance from developed nations, lack of consensus among developing countries, and the inherent difficulty of fundamentally restructuring the global economic order.

What is the relevance of NIEO and CERDS today?

They remain important historical documents highlighting the ongoing struggle for economic justice and influencing contemporary debates on global economic governance, trade, and development.

Topics Covered

International RelationsEconomicsNIEOInternational EconomicsDeveloping Countries