“Could the environment ministry lead Korea?” Korea Times

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Korea Times

“Could the environment ministry lead Korea?”

July 29, 2018

Emanuel Pastreich

pastreich at minenviorn

Over the last 11 years, I have had several occasions to work directly with the Ministry of the Environment. It all started when I wrote a proposal for the future of the city of Daejeon (where I lived at the time) in 2008.

I teamed with a researcher from the Korea National Fusion Research Institute, Dr. Jung-Hoon Han, to draft “Daejeon: Environmental Capital of Asia,” which was published on Daedeok Net and Ohmynews in January, 2008.

That proposal called for cooperation between science experts in the Daedeok research cluster and the city of Daejeon and it led to the formation of the Daejeon Environmental Forum (later renamed “Daejeon Green Growth Forum”) that brought together citizens, government officials and scientific experts to discuss how Daejeon could be transformed into an ecological city.

But although that forum was mentioned in the media, it did not get much traction when it came to changing the city’s automobile-based culture. The officials from the Ministry of the Environment whom I met seemed to be trapped in an extremely painful position, forced to adapt to the pro-business Lee Myung-bak administration that shamelessly “greenwashed” (making policies and technologies look like they are good for the environment when they are not) the destructive actions of construction companies.

I also saw how Korean expected the Ministry of the Environment to serve as a protector, and discovered that its officials wanted to do good, but were not given funding and they were compelled to use what funding they were given to promote golf courses and concrete banks for natural rivers in accord with the infamous “Four Rivers Project that brought great wealth to real estate speculators and developers.

So it was quite a remarkable that I received an email on June 18 inviting me to speak to about 150 senior officials at the Ministry of the Environment about my proposal for a rethinking of the Korean economy, which I discussed in my Korean book “A Greater Korea which Koreans did not know about.”

Environment Minister Kim Eun-gyeong spent many years as an activist working on social and environmental issues, and she started her career in local government. I suspect she knew something of what it is like to fight for environmental justice in a Korean society obsessed with industrialization.

She read my recent book and thought that having a foreigner talk about larger environmental policy issues would be useful. I think it was one of the most meaningful talks I have given.

It was my first visit to the Ministry of the Environment in Sejong City. The trip itself reminded me of just how far we have to go to create an ecological Korea. After all, Sejong City does not have a train station.

We had to drive in an automobile across the countryside to get there, with the air conditioning cranked up, polluting the atmosphere and watching how the precious soil is being torn up, and the beautiful trees are being cut down, to make room for apartment complexes primarily aimed at promoting a wasteful lifestyle.

The Ministry of the Environment itself is sealed off in the snake-like government complex, a structure built with little concern for the long-term impact on the climate. The air conditioning was set so high that I felt very comfortable wearing a jacket and tie for my talk. The electricity most clearly was not generated by solar power.

But there were posters on the walls describing serious efforts to address environmental issues, even if the word “climate change” did not appear anywhere. I sensed that beneath the surface there were real stirrings for change among those who had suffered through years of half-baked environment policy.

I must confess that I felt a bit of trepidation about the event. My speech was extremely blunt and I suggested that there was profound danger in the industrialized society that had been held up as a primary symbol of success in Korea for so many years.

I proposed that we must eliminate imports of petroleum and coal, and also reduce imports of agricultural products (which goes against the entire free trade ideology that informs all government policy).

I proposed that corporations promoting fossil fuels should not be allowed to advertise on TV because their corporate support for broadcast had dangerously distorted reporting about climate change.

It was entirely possible that this speech would be highly controversial. But although there may have been real disagreement, I did not sense any hostility. I fact, I sensed a true enthusiasm about this honest dialog on climate change.

After my talk, an official asked me the question that is often posed at such events: “Why did you choose Korea when you could have lived in the United States or China or Japan?”

There are many ways I have answered this question. I suggested, humorously, that I did not come because I love K Pop, or kimchi or galbi, but rather that I was drawn to Korea’s traditions of good government and its emphasis on morality in politics and long-term sustainability in the economy in the past.

I have given this answer before, but as I spoke, a more accurate answer to the question came to mind.

The truth is that I would never be allowed to give this sort of a speech to the Ministry of the Environment in the Japan, or China, or especially in my own country’s Department of the Environment ― where even the discussion of climate change is forbidden.

The fact that my harsh, and even revolutionary, talk could be delivered in a highly formal manner to those actually engaged in policy, and not just to a marginal group of environmental activists, was nothing short of miraculous.
There had been zero effort made to vet my talk and zero hesitation about distributing copies of my talk to everyone present.

Equally amazing was the series of four talks for officers from all branches of the military that I gave over the last three weeks in a separate program. In that program as well I was free to speak about what I thought were the security issues of our age.

I discussed at length in front of lieutenants and colonels such emerging threats as climate change, the fragmentation of our society and the spread of an anti-intellectual culture.

This openness in Korea’s mainstream is the real reason that I have stayed here for 11 years. As wrong as Korean policies may be at times, there is always the potential for an honest debate at the highest levels.

But the struggle about climate change is just beginning in Korea. Awareness remains low even in the face of catastrophe.

The relationship between electricity and environment problems is unclear for most citizens. In the public mind, burning coal and oil for power is decoupled from the bizarre weather we encounter.

When I thought about the long struggle that lies before us, I was reminded of Buddhist philosopher Stephen Jenkinson’s comment about moral responsibility to respond to climate change. He said, “The question will not be so much how we succeed but rather how we will fail.” I felt at this talk at the Ministry of the Environment that at the minimum, I was no longer alone.

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“젊은이의 공무원 선호, 타협 아닌 도전 돼야” 중앙일보

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중앙일보

“젊은이의 공무원 선호, 타협 아닌 도전 돼야”

2018년 7월 20일

임마누엘 페스트라이쉬

많은 제자가 2년 전 촛불 집회에 참여했다. 그들은 당시 한국 사회가 어떻게 변해야 하는지 분명한 생각을 갖고 있었다. 그들의 바람대로 정권이 바뀌었다. 그런데 이들이 희망했던 일들이 새 정부가 들어선 뒤에도 성사되지 못해 큰 좌절감을 느끼고 있다.

가장 큰 문제가 일자리다. 졸업한 제자 대부분이 안정적인 일자리를 찾지 못했다. 새로운 일자리가 좀처럼 생기지 않은 탓이다. 지난 50여년간 우리 주변에서 경제를 이끌어왔던 한 축인 영세 자영업자들도 속속 폐업하는 게 오늘의 현실이다.

그래서인지 많은 학생이 공무원이 되려고 시험 준비를 하고 있다. 정년이 보장된 예측 가능한 직업이라 지금 한국의 여러 기업에서 벌어지고 있는 구조조정의 충격을 겪지 않을 수 있기 때문일 것이다. 문제는 내 제자만 봐도 나랏일 자체에 열정을 갖고 있지는 않다는 점이다. 공무원직에서 독창성을 찾기 어렵고 반복적 업무만 하는 따분한 생활을 짐작하면서도 그저 타협하는 셈이다.

정말 정부 일이 따분하고 활기가 없는 것일까? 나는 그렇지 않다고 본다. 용기와 상상력, 그리고 지속적인 노력만 있다면 젊은이들이 촛불 집회에서 원했던 변화를 정부 조직 안에서 얼마든지 실현할 수도 있다. 한국이 창조적이면서도 효과적인 정책을 펼쳐온 전통을 갖고 있다는 사실을  젊은이들은 알아야 한다. 예컨대 세종대왕의 통치 철학은 도덕적 원칙에 충실한 윤리적 행정 시스템에 기반을 뒀다. 정부를 지루하고 비효율적인 집단이라고 깎아내리기에 앞서 어느 정도 부패가 존재했다 하더라도 본질에서는 공공의 이익에 전념해왔다는 것을 기억했으면 한다.

변화를 갈구하는 일군의 젊은이들이 정부에 들어가면 그들이 빈부 격차를 줄일 수 있는 방법을 논의할 수 있도록 공무원 문화를 변화시킬 수 있다. 비록 공무원 사회의 가장 낮은 지위에 있다 해도 적극적이고 잘 조직된 젊은이들이라면 정부의 운영 방식을 바꾸고 쇠퇴한 공동체 정신을 되살릴 수 있다. 공무원에게 요구되는 불합리한 관행을 바꾸는 것만으로도 공무원 사회 전체에 획기적 변화를 부르는 긍정적 압력이 될 수 있다.

이런 일이 이뤄지는 데는 몇 가지 전제조건이 있다. 우선 젊은이들이 국가의 변화에 실질적으로 참여할 수 있는 장을 마련해야 한다. 정책 토론에서 의미 있는 기여를 할 수 있도록 정책, 기술, 인구 통계 및 기타 업무와 관련한 주제를 스스로 탐구하도록 장려해야 한다. 다시 말해 윤리학이나 문학 서적을 읽는 것을 포함한 인문학적 교육을 공무원 일과 중 일부가 되도록 배려해야 한다. 젊은 공무원의 업무 시간이 상사인 고위 공무원을 지원하는 업무로 채워져서는 안 된다. 그보다는 윤리적 인식과 지적인 정보를 갖춘 인재로 만드는 데 할애돼야 한다.

이런 차원에서 고민해야 할 게 순환보직제다. 이 제도는 젊은 정부 관료들의 전문성 구축을 방해하는 장치다. 지금이라도 이를 과감하게 없애야 한다. 대신 관심이 있는 주제와 분야를 자세하고 깊이 있게 조사·연구하도록 해 심오한 전문 지식을 개발하도록 독려해야 한다. 그렇게 하면 영리를 목적으로 하는 경영 컨설턴트나 이해가 충돌하는 다른 기관에 의존하지 않고 정부가 자체적으로 많은 문제를 해결할 수 있다. 그리고 젊은 관료들은 우리 시대의 중요한 문제를 토론하고, 여기서 한발 더 나아가 실제로 이를 구현할 수 있는 해결책까지 제시할 수 있는 그룹에 속해야 한다. 정책 수립과 시행에 참여할 수 있는 권한을 부여받는다면 그에 상응하는 자신감을 가져야 한다.

공무원 선발시험도 바뀌어야 한다. 헌법이나 기타 모호한 정책의 세부 내용을 암기하는 건 지금 시대와 맞지 않는다. 이보다는 오히려 시대를 더 거슬러 올라가 조선시대 과거와 같은 전통적 시험방식으로 되돌아가야 한다. 수험생들에게 통치 과정에서 발생하는 복잡한 문제를 던지고 여기에 윤리적 원칙을 적용해 해결하는 방법을 물어야 한다는 얘기다.

오늘날 한국은 엄청난 도전에 직면해 있다. 시대에 뒤떨어진 경제관념 탓에 현재의 변화를 따라가지 못하고 있다. 신뢰할 수 없는 정보를 만들어 퍼뜨리는 매체나 소셜네트워크서비스(SNS)가 난립한 탓에 미디어 시스템도 제 역할을 하지 못하고 있다. 또 청년층의 목소리는 국가 정책을 결정하는 과정에 제대로 스며들기는커녕 오히려 차단돼 있다. 개혁을 성공적으로 수행할 수 있는 쉬운 방법은 없다. 하지만 도덕을 앞세우는 새 정부가 젊은 공무원들의 혁신적 잠재력을 일깨울 수 있다면 분명 우리에게 기회는 있다.

국가미래기본법 제정과 국가미래 발전을 위한 헌법 개정 국회 공청회

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제가 (이만열) 국가미래기본법 제정과 국가미래 발전을 위한 헌법 개정 국회 공청회에서 발표 했습니다.  이법안은 매주 중요하다고 생각 합니다.

국가미래기본법<img
KNS뉴스통신

“국제미래학회 “국가미래기본법 제정하라” 주장”

Cognitive dissonance as comedy

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I saw this haunting advertisement in the subway today (July 18, 2018). It was, of course, meant to be humorous, lighthearted and topical. But there was something deeply disturbing about the image.  The advertisement for a waterpark suggests that geopolitical catastrophe and the complete loss of institutional control we see in the United States, and in South Korea, can be an amusing theme for an advertisement for summer fun on the water slide. We see Donald Trump and Kim Jong Un racing down the flume at the water park towards complete chaos.

I think this advertisement suggests a pathological level of cognitive dissonance.

catastrophe

“An Affirmation of the United Nations Charter in a Time of Peril” (July 19, 2018)

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Logo_of_the_United_Nations

declarationun

Asia Institute Event

“An Affirmation of the United Nations Charter in a Time of Peril”

Thursday, July 19, 2018

10-12 AM

@ The Tomorrow (see below)

 

The Charter of the United Nations was signed at the conclusion of the United Nations Conference on International Organization (UNCIO) on June 26, 1945, in San Francisco (73 years ago). The spirit that animated the global struggle against Fascism, and for internationalism, was condensed into a single document at that meeting and a vision was put forth for the world committed to peace, not as an ideal, but as a fundamental necessity of global governance. The United Nations Charter went bravely beyond the limitations of the Hague Conventions and of the League of Nations and ushered in a new age.

 

Harry Truman said of the UN Charter,

 

“The Charter of the United Nations which you have just signed is a solid structure upon which we can build a better world. History will honor you for it. Between the victory in Europe and the final victory, in this most destructive of all wars, you have won a victory against war itself. With this Charter the world can begin to look forward to the time when all worthy human beings may be permitted to live decently as free people.”

 

But the potential of the United Nations was not realized because of the breakdown of that system into alliance structures after the Korean War and Truman himself turned away from the internationalist vision in that process. The contention about the nature of global governance since then has undermined the function of the United Nations.

We have reached a historical moment when the question of global governance has come to the fore again and a new vision for our fragile green and blue planet is demanded of us. We face the threats of ethnic nationalism and totalitarianism; granted that the forms of those threats have changed, their essence remains the same.

We will read aloud the text of the United Nations Charter at this event and we will discuss its significance and its potential in an open and participatory format. We welcome you to join us as we consider what the original spirit of the United Nations Charter was, and how it should be reaffirmed and revived in the present age.

Before we start to play silly putty with military alliances, let us go back to the seminal text that forms the foundations for the global order of the last seventy years.

We welcome you to attend this event, to read a part of the United Nations Charter, and to offer your insights as to how that tradition can be revitalized in this historical moment fraught with tremendous risk and animated with overwhelming potential.

This event will be connected with Asia Institute affiliates around the world as part of a global effort to encourage a profound dialog on the proper path forward for global governance.

 

Location:

The Tomorrow

 #1307 (13th floor)

Taeyoung Desiang Dokmak-ro 320 (Dohwa-dong 560)

Mapo-ku, Seoul (five minutes from Gongdeok Station, exit 1)

 

서울시 마포구 독막로 320 (도화동 560번지) 태영데시앙 1307호

02-3275-0100 PHONE

 

the tomorrow

 

 

declarationun

Text of the United Nations Charter

http://www.un.org/en/sections/un-charter/un-charter-full-text/

 


WE THE PEOPLES OF THE UNITED NATIONS DETERMINED

  • to save succeeding generations from the scourge of war, which twice in our lifetime has brought untold sorrow to mankind, and
  • to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small, and
  • to establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained, and
  • to promote social progress and better standards of life in larger freedom,

AND FOR THESE ENDS

  • to practice tolerance and live together in peace with one another as good neighbours, and
  • to unite our strength to maintain international peace and security, and
  • to ensure, by the acceptance of principles and the institution of methods, that armed force shall not be used, save in the common interest, and
  • to employ international machinery for the promotion of the economic and social advancement of all peoples,

HAVE RESOLVED TO COMBINE OUR EFFORTS TO ACCOMPLISH THESE AIMS

Accordingly, our respective Governments, through representatives assembled in the city of San Francisco, who have exhibited their full powers found to be in good and due form, have agreed to the present Charter of the United Nations and do hereby establish an international organization to be known as the United Nations.

CHAPTER I: PURPOSES AND PRINCIPLES

 

Article 1

The Purposes of the United Nations are:

  1. To maintain international peace and security, and to that end: to take effective collective measures for the prevention and removal of threats to the peace, and for the suppression of acts of aggression or other breaches of the peace, and to bring about by peaceful means, and in conformity with the principles of justice and international law, adjustment or settlement of international disputes or situations which might lead to a breach of the peace;
  2. To develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, and to take other appropriate measures to strengthen universal peace;
  3. To achieve international co-operation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion; and
  4. To be a centre for harmonizing the actions of nations in the attainment of these common ends.

Article 2

The Organization and its Members, in pursuit of the Purposes stated in Article 1, shall act in accordance with the following Principles.

  1. The Organization is based on the principle of the sovereign equality of all its Members.
  2. All Members, in order to ensure to all of them the rights and benefits resulting from membership, shall fulfill in good faith the obligations assumed by them in accordance with the present Charter.
  3. All Members shall settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered.
  4. All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations.
  5. All Members shall give the United Nations every assistance in any action it takes in accordance with the present Charter, and shall refrain from giving assistance to any state against which the United Nations is taking preventive or enforcement action.
  6. The Organization shall ensure that states which are not Members of the United Nations act in accordance with these Principles so far as may be necessary for the maintenance of international peace and security.
  7. Nothing contained in the present Charter shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state or shall require the Members to submit such matters to settlement under the present Charter; but this principle shall not prejudice the application of enforcement measures under Chapter Vll.

CHAPTER II: MEMBERSHIP

 

Article 3

The original Members of the United Nations shall be the states which, having participated in the United Nations Conference on International Organization at San Francisco, or having previously signed the Declaration by United Nations of 1 January 1942, sign the present Charter and ratify it in accordance with Article 110.

Article 4

  1. Membership in the United Nations is open to all other peace-loving states which accept the obligations contained in the present Charter and, in the judgment of the Organization, are able and willing to carry out these obligations.
  2. The admission of any such state to membership in the United Nations will be effected by a decision of the General Assembly upon the recommendation of the Security Council.

Article 5

A Member of the United Nations against which preventive or enforcement action has been taken by the Security Council may be suspended from the exercise of the rights and privileges of membership by the General Assembly upon the recommendation of the Security Council. The exercise of these rights and privileges may be restored by the Security Council.

Article 6

A Member of the United Nations which has persistently violated the Principles contained in the present Charter may be expelled from the Organization by the General Assembly upon the recommendation of the Security Council.

CHAPTER III: ORGANS

 

Article 7

  1. There are established as principal organs of the United Nations: a General Assembly, a Security Council, an Economic and Social Council, a Trusteeship Council, an International Court of Justice and a Secretariat.
  2. Such subsidiary organs as may be found necessary may be established in accordance with the present Charter.

Article 8

The United Nations shall place no restrictions on the eligibility of men and women to participate in any capacity and under conditions of equality in its principal and subsidiary organs.

CHAPTER IV: THE GENERAL ASSEMBLY

 

COMPOSITION

Article 9

  1. The General Assembly shall consist of all the Members of the United Nations.
  2. Each Member shall have not more than five representatives in the General Assembly.

 

FUNCTIONS and POWERS

Article 10

The General Assembly may discuss any questions or any matters within the scope of the present Charter or relating to the powers and functions of any organs provided for in the present Charter, and, except as provided in Article 12, may make recommendations to the Members of the United Nations or to the Security Council or to both on any such questions or matters.

Article 11

  1. The General Assembly may consider the general principles of co-operation in the maintenance of international peace and security, including the principles governing disarmament and the regulation of armaments, and may make recommendations with regard to such principles to the Members or to the Security Council or to both.
  2. The General Assembly may discuss any questions relating to the maintenance of international peace and security brought before it by any Member of the United Nations, or by the Security Council, or by a state which is not a Member of the United Nations in accordance with Article 35, paragraph 2, and, except as provided in Article 12, may make recommendations with regard to any such questions to the state or states concerned or to the Security Council or to both. Any such question on which action is necessary shall be referred to the Security Council by the General Assembly either before or after discussion.
  3. The General Assembly may call the attention of the Security Council to situations which are likely to endanger international peace and security.
  4. The powers of the General Assembly set forth in this Article shall not limit the general scope of Article 10.

Article 12

  1. While the Security Council is exercising in respect of any dispute or situation the functions assigned to it in the present Charter, the General Assembly shall not make any recommendation with regard to that dispute or situation unless the Security Council so requests.
  2. The Secretary-General, with the consent of the Security Council, shall notify the General Assembly at each session of any matters relative to the maintenance of international peace and security which are being dealt with by the Security Council and shall similarly notify the General Assembly, or the Members of the United Nations if the General Assembly is not in session, immediately the Security Council ceases to deal with such matters.

Article 13

  1. The General Assembly shall initiate studies and make recommendations for the purpose of:
    1. promoting international co-operation in the political field and encouraging the progressive development of international law and its codification;
    2. promoting international co-operation 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.
    3. The further responsibilities, functions and powers of the General Assembly with respect to matters mentioned in paragraph 1 (b) above are set forth in Chapters IX and X.

Article 14

Subject to the provisions of Article 12, the General Assembly may recommend measures for the peaceful adjustment of any situation, regardless of origin, which it deems likely to impair the general welfare or friendly relations among nations, including situations resulting from a violation of the provisions of the present Charter setting forth the Purposes and Principles of the United Nations.

Article 15

  1. The General Assembly shall receive and consider annual and special reports from the Security Council; these reports shall include an account of the measures that the Security Council has decided upon or taken to maintain international peace and security.
  2. The General Assembly shall receive and consider reports from the other organs of the United Nations.

Article 16

The General Assembly shall perform such functions with respect to the international trusteeship system as are assigned to it under Chapters XII and XIII, including the approval of the trusteeship agreements for areas not designated as strategic.

Article 17

  1. The General Assembly shall consider and approve the budget of the Organization.
  2. The expenses of the Organization shall be borne by the Members as apportioned by the General Assembly.
  3. The General Assembly shall consider and approve any financial and budgetary arrangements with specialized agencies referred to in Article 57 and shall examine the administrative budgets of such specialized agencies with a view to making recommendations to the agencies concerned.

 

VOTING

Article 18

  1. Each member of the General Assembly shall have one vote.
  2. Decisions of the General Assembly on important questions shall be made by a two-thirds majority of the members present and voting. These questions shall include: recommendations with respect to the maintenance of international peace and security, the election of the non-permanent members of the Security Council, the election of the members of the Economic and Social Council, the election of members of the Trusteeship Council in accordance with paragraph 1 (c) of Article 86, the admission of new Members to the United Nations, the suspension of the rights and privileges of membership, the expulsion of Members, questions relating to the operation of the trusteeship system, and budgetary questions.
  3. Decisions on other questions, including the determination of additional categories of questions to be decided by a two-thirds majority, shall be made by a majority of the members present and voting.

Article 19

A Member of the United Nations which is in arrears in the payment of its financial contributions to the Organization shall have no vote in the General Assembly if the amount of its arrears equals or exceeds the amount of the contributions due from it for the preceding two full years. The General Assembly may, nevertheless, permit such a Member to vote if it is satisfied that the failure to pay is due to conditions beyond the control of the Member.

 

PROCEDURE

Article 20

The General Assembly shall meet in regular annual sessions and in such special sessions as occasion may require. Special sessions shall be convoked by the Secretary-General at the request of the Security Council or of a majority of the Members of the United Nations.

Article 21

The General Assembly shall adopt its own rules of procedure. It shall elect its President for each session.

Article 22

The General Assembly may establish such subsidiary organs as it deems necessary for the performance of its functions.

CHAPTER V: THE SECURITY COUNCIL

 

COMPOSITION

Article 23

  1. The Security Council shall consist of fifteen Members of the United Nations. The Republic of China, France, the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland, and the United States of America shall be permanent members of the Security Council. The General Assembly shall elect ten other Members of the United Nations to be non-permanent members of the Security Council, due regard being specially paid, in the first instance to the contribution of Members of the United Nations to the maintenance of international peace and security and to the other purposes of the Organization, and also to equitable geographical distribution.
  2. 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.
  3. Each member of the Security Council shall have one representative.

 

FUNCTIONS and POWERS

Article 24

  1. 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.
  2. 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 Chapters VI, VII, VIII, and XII.
  3. The Security Council shall submit annual and, when necessary, special reports to the General Assembly for its consideration.

Article 25

The Members of the United Nations agree to accept and carry out the decisions of the Security Council in accordance with the present Charter.

Article 26

In order to promote the establishment and maintenance of international peace and security with the least diversion for armaments of the world’s human and economic resources, the Security Council shall be responsible for formulating, with the assistance of the Military Staff Committee referred to in Article 47, plans to be submitted to the Members of the United Nations for the establishment of a system for the regulation of armaments.

 

VOTING

Article 27

  1. Each member of the Security Council shall have one vote.
  2. Decisions of the Security Council on procedural matters shall be made by an affirmative vote of nine members.
  3. Decisions of the Security Council on all other matters shall be made by an affirmative vote of nine members including the concurring votes of the permanent members; provided that, in decisions under Chapter VI, and under paragraph 3 of Article 52, a party to a dispute shall abstain from voting.

 

PROCEDURE

Article 28

  1. The Security Council shall be so organized as to be able to function continuously. Each member of the Security Council shall for this purpose be represented at all times at the seat of the Organization.
  2. The Security Council shall hold periodic meetings at which each of its members may, if it so desires, be represented by a member of the government or by some other specially designated representative.
  3. The Security Council may hold meetings at such places other than the seat of the Organization as in its judgment will best facilitate its work.

Article 29

The Security Council may establish such subsidiary organs as it deems necessary for the performance of its functions.

Article 30

The Security Council shall adopt its own rules of procedure, including the method of selecting its President.

Article 31

Any Member of the United Nations which is not a member of the Security Council may participate, without vote, in the discussion of any question brought before the Security Council whenever the latter considers that the interests of that Member are specially affected.

Article 32

Any Member of the United Nations which is not a member of the Security Council or any state which is not a Member of the United Nations, if it is a party to a dispute under consideration by the Security Council, shall be invited to participate, without vote, in the discussion relating to the dispute. The Security Council shall lay down such conditions as it deems just for the participation of a state which is not a Member of the United Nations.

CHAPTER VI: PACIFIC SETTLEMENT OF DISPUTES

 

Article 33

  1. The parties to any dispute, the continuance of which is likely to endanger the maintenance of international peace and security, shall, first of all, seek a solution by negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their own choice.
  2. The Security Council shall, when it deems necessary, call upon the parties to settle their dispute by such means.

Article 34

The Security Council may investigate any dispute, or any situation which might lead to international friction or give rise to a dispute, in order to determine whether the continuance of the dispute or situation is likely to endanger the maintenance of international peace and security.

Article 35

  1. Any Member of the United Nations may bring any dispute, or any situation of the nature referred to in Article 34, to the attention of the Security Council or of the General Assembly.
  2. A state which is not a Member of the United Nations may bring to the attention of the Security Council or of the General Assembly any dispute to which it is a party if it accepts in advance, for the purposes of the dispute, the obligations of pacific settlement provided in the present Charter.
  3. The proceedings of the General Assembly in respect of matters brought to its attention under this Article will be subject to the provisions of Articles 11 and 12.

Article 36

  1. The Security Council may, at any stage of a dispute of the nature referred to in Article 33 or of a situation of like nature, recommend appropriate procedures or methods of adjustment.
  2. The Security Council should take into consideration any procedures for the settlement of the dispute which have already been adopted by the parties.
  3. In making recommendations under this Article the Security Council should also take into consideration that legal disputes should as a general rule be referred by the parties to the International Court of Justice in accordance with the provisions of the Statute of the Court.

Article 37

  1. Should the parties to a dispute of the nature referred to in Article 33 fail to settle it by the means indicated in that Article, they shall refer it to the Security Council.
  2. If the Security Council deems that the continuance of the dispute is in fact likely to endanger the maintenance of international peace and security, it shall decide whether to take action under Article 36 or to recommend such terms of settlement as it may consider appropriate.

Article 38

Without prejudice to the provisions of Articles 33 to 37, the Security Council may, if all the parties to any dispute so request, make recommendations to the parties with a view to a pacific settlement of the dispute.

CHAPTER VII: ACTION WITH RESPECT TO THREATS TO THE PEACE, BREACHES OF THE PEACE, AND ACTS OF AGGRESSION

 

Article 39

The Security Council shall determine the existence of any threat to the peace, breach of the peace, or act of aggression and shall make recommendations, or decide what measures shall be taken in accordance with Articles 41 and 42, to maintain or restore international peace and security.

Article 40

In order to prevent an aggravation of the situation, the Security Council may, before making the recommendations or deciding upon the measures provided for in Article 39, call upon the parties concerned to comply with such provisional measures as it deems necessary or desirable. Such provisional measures shall be without prejudice to the rights, claims, or position of the parties concerned. The Security Council shall duly take account of failure to comply with such provisional measures.

Article 41

The Security Council may decide what measures not involving the use of armed force are to be employed to give effect to its decisions, and it may call upon the Members of the United Nations to apply such measures. These may include complete or partial interruption of economic relations and of rail, sea, air, postal, telegraphic, radio, and other means of communication, and the severance of diplomatic relations.

Article 42

Should the Security Council consider that measures provided for in Article 41 would be inadequate or have proved to be inadequate, it may take such action by air, sea, or land forces as may be necessary to maintain or restore international peace and security. Such action may include demonstrations, blockade, and other operations by air, sea, or land forces of Members of the United Nations.

Article 43

  1. All Members of the United Nations, in order to contribute to the maintenance of international peace and security, undertake to make available to the Security Council, on its call and in accordance with a special agreement or agreements, armed forces, assistance, and facilities, including rights of passage, necessary for the purpose of maintaining international peace and security.
  2. Such agreement or agreements shall govern the numbers and types of forces, their degree of readiness and general location, and the nature of the facilities and assistance to be provided.
  3. The agreement or agreements shall be negotiated as soon as possible on the initiative of the Security Council. They shall be concluded between the Security Council and Members or between the Security Council and groups of Members and shall be subject to ratification by the signatory states in accordance with their respective constitutional processes.

Article 44

When the Security Council has decided to use force it shall, before calling upon a Member not represented on it to provide armed forces in fulfilment of the obligations assumed under Article 43, invite that Member, if the Member so desires, to participate in the decisions of the Security Council concerning the employment of contingents of that Member’s armed forces.

Article 45

In order to enable the United Nations to take urgent military measures, Members shall hold immediately available national air-force contingents for combined international enforcement action. The strength and degree of readiness of these contingents and plans for their combined action shall be determined within the limits laid down in the special agreement or agreements referred to in Article 43, by the Security Council with the assistance of the Military Staff Committee.

Article 46

Plans for the application of armed force shall be made by the Security Council with the assistance of the Military Staff Committee.

Article 47

  1. There shall be established a Military Staff Committee to advise and assist the Security Council on all questions relating to the Security Council’s military requirements for the maintenance of international peace and security, the employment and command of forces placed at its disposal, the regulation of armaments, and possible disarmament.
  2. The Military Staff Committee shall consist of the Chiefs of Staff of the permanent members of the Security Council or their representatives. Any Member of the United Nations not permanently represented on the Committee shall be invited by the Committee to be associated with it when the efficient discharge of the Committee’s responsibilities requires the participation of that Member in its work.
  3. The Military Staff Committee shall be responsible under the Security Council for the strategic direction of any armed forces placed at the disposal of the Security Council. Questions relating to the command of such forces shall be worked out subsequently.
  4. The Military Staff Committee, with the authorization of the Security Council and after consultation with appropriate regional agencies, may establish regional sub-committees.

Article 48

  1. The action required to carry out the decisions of the Security Council for the maintenance of international peace and security shall be taken by all the Members of the United Nations or by some of them, as the Security Council may determine.
  2. Such decisions shall be carried out by the Members of the United Nations directly and through their action in the appropriate international agencies of which they are members.

Article 49

The Members of the United Nations shall join in affording mutual assistance in carrying out the measures decided upon by the Security Council.

Article 50

If preventive or enforcement measures against any state are taken by the Security Council, any other state, whether a Member of the United Nations or not, which finds itself confronted with special economic problems arising from the carrying out of those measures shall have the right to consult the Security Council with regard to a solution of those problems.

Article 51

Nothing in the present Charter shall impair the inherent right of individual or collective self-defence if an armed attack occurs against a Member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security. Measures taken by Members in the exercise of this right of self-defence shall be immediately reported to the Security Council and shall not in any way affect the authority and responsibility of the Security Council under the present Charter to take at any time such action as it deems necessary in order to maintain or restore international peace and security.

CHAPTER VIII: REGIONAL ARRANGEMENTS

 

Article 52

  1. Nothing in the present Charter precludes the existence of regional arrangements or agencies for dealing with such matters relating to the maintenance of international peace and security as are appropriate for regional action provided that such arrangements or agencies and their activities are consistent with the Purposes and Principles of the United Nations.
  2. The Members of the United Nations entering into such arrangements or constituting such agencies shall make every effort to achieve pacific settlement of local disputes through such regional arrangements or by such regional agencies before referring them to the Security Council.
  3. The Security Council shall encourage the development of pacific settlement of local disputes through such regional arrangements or by such regional agencies either on the initiative of the states concerned or by reference from the Security Council.
  4. This Article in no way impairs the application of Articles 34 and 35.

Article 53

  1. The Security Council shall, where appropriate, utilize such regional arrangements or agencies for enforcement action under its authority. But no enforcement action shall be taken under regional arrangements or by regional agencies without the authorization of the Security Council, with the exception of measures against any enemy state, as defined in paragraph 2 of this Article, provided for pursuant to Article 107 or in regional arrangements directed against renewal of aggressive policy on the part of any such state, until such time as the Organization may, on request of the Governments concerned, be charged with the responsibility for preventing further aggression by such a state.
  2. The term enemy state as used in paragraph 1 of this Article applies to any state which during the Second World War has been an enemy of any signatory of the present Charter.

Article 54

The Security Council shall at all times be kept fully informed of activities undertaken or in contemplation under regional arrangements or by regional agencies for the maintenance of international peace and security.

CHAPTER IX: INTERNATIONAL ECONOMIC AND SOCIAL CO-OPERATION

 

Article 55

With a view to the creation of conditions of stability and well-being which are necessary for peaceful and friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, the United Nations shall promote:

  1. higher standards of living, full employment, and conditions of economic and social progress and development;
  2. solutions of international economic, social, health, and related problems; and international cultural and educational      cooperation; and
  3. universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex,    language, or religion.

Article 56

All Members pledge themselves to take joint and separate action in co-operation with the Organization for the achievement of the purposes set forth in Article 55.

Article 57

  1. 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.
  2. Such agencies thus brought into relationship with the United Nations are hereinafter referred to as specialized agencies.

Article 58

The Organization shall make recommendations for the co-ordination of the policies and activities of the specialized agencies.

Article 59

The Organization shall, where appropriate, initiate negotiations among the states concerned for the creation of any new specialized agencies required for the accomplishment of the purposes set forth in Article 55.

Article 60

Responsibility for the discharge of the functions of the Organization set forth in this Chapter shall be vested in the General Assembly and, under the authority of the General Assembly, in the Economic and Social Council, which shall have for this purpose the powers set forth in Chapter X.

CHAPTER X: THE ECONOMIC AND SOCIAL COUNCIL

 

COMPOSITION

Article 61

  1. The Economic and Social Council shall consist of fifty-four Members of the United Nations elected by the General Assembly.
  2. Subject to the provisions of paragraph 3, eighteen members of the Economic and Social Council shall be elected each year for a term of three years. A retiring member shall be eligible for immediate re-election.
  3. At the first election after the increase in the membership of the Economic and Social Council from twenty-seven to fifty-four members, in addition to the members elected in place of the nine members whose term of office expires at the end of that year, twenty-seven additional members shall be elected. Of these twenty-seven additional members, the term of office of nine members so elected shall expire at the end of one year, and of nine other members at the end of two years, in accordance with arrangements made by the General Assembly.
  4. Each member of the Economic and Social Council shall have one representative.

 

FUNCTIONS and POWERS

Article 62

  1. The Economic and Social Council may make or initiate studies and reports with respect to international economic, social, cultural, educational, health, and related matters and may make recommendations with respect to any such matters to the General Assembly to the Members of the United Nations, and to the specialized agencies concerned.
  2. It may make recommendations for the purpose of promoting respect for, and observance of, human rights and fundamental freedoms for all.
  3. It may prepare draft conventions for submission to the General Assembly, with respect to matters falling within its competence.
  4. It may call, in accordance with the rules prescribed by the United Nations, international conferences on matters falling within its competence.

Article 63

  1. The Economic and Social Council may enter into agreements with any of the agencies referred to in Article 57, defining the terms on which the agency concerned shall be brought into relationship with the United Nations. Such agreements shall be subject to approval by the General Assembly.
  2. It may co-ordinate the activities of the specialized agencies through consultation with and recommendations to such agencies and through recommendations to the General Assembly and to the Members of the United Nations.

Article 64

  1. The Economic and Social Council may take appropriate steps to obtain regular reports from the specialized agencies. It may make arrangements with the Members of the United Nations and with the specialized agencies to obtain reports on the steps taken to give effect to its own recommendations and to recommendations on matters falling within its competence made by the General Assembly.
  2. It may communicate its observations on these reports to the General Assembly.

Article 65

The Economic and Social Council may furnish information to the Security Council and shall assist the Security Council upon its request.

Article 66

  1. The Economic and Social Council shall perform such functions as fall within its competence in connection with the carrying out of the recommendations of the General Assembly.
  2. It may, with the approval of the General Assembly, perform services at the request of Members of the United Nations and at the request of specialized agencies.
  3. It shall perform such other functions as are specified elsewhere in the present Charter or as may be assigned to it by the General Assembly.

 

VOTING

Article 67

  1. Each member of the Economic and Social Council shall have one vote.
  2. Decisions of the Economic and Social Council shall be made by a majority of the members present and voting.

 

PROCEDURE

Article 68

The Economic and Social Council shall set up commissions in economic and social fields and for the promotion of human rights, and such other commissions as may be required for the performance of its functions.

Article 69

The Economic and Social Council shall invite any Member of the United Nations to participate, without vote, in its deliberations on any matter of particular concern to that Member.

Article 70

The Economic and Social Council may make arrangements for representatives of the specialized agencies to participate, without vote, in its deliberations and in those of the commissions established by it, and for its representatives to participate in the deliberations of the specialized agencies.

Article 71

The Economic and Social Council may make suitable arrangements for consultation with non-governmental organizations which are concerned with matters within its competence. Such arrangements may be made with international organizations and, where appropriate, with national organizations after consultation with the Member of the United Nations concerned.

Article 72

  1. The Economic and Social Council shall adopt its own rules of procedure, including the method of selecting its President.
  2. The Economic and Social 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.

CHAPTER XI: DECLARATION REGARDING NON-SELF-GOVERNING TERRITORIES

 

Article 73

Members of the United Nations which have or assume responsibilities for the administration of territories whose peoples have not yet attained a full measure of self-government recognize the principle that the interests of the inhabitants of these territories are paramount, and accept as a sacred trust the obligation to promote to the utmost, within the system of international peace and security established by the present Charter, the well-being of the inhabitants of these territories, and, to this end:

  1. to ensure, with due respect for the culture of the peoples concerned, their political, economic, social, and educational advancement, their just treatment, and their protection against abuses;
  2. to develop self-government, to take due account of the political aspirations of the peoples, and to assist them in the progressive development of their free political institutions, according to the particular circumstances of each territory and its peoples and their varying stages of advancement;
  3. to further international peace and security;
  4. to promote constructive measures of development, to encourage research, and to co-operate with one another and, when and where appropriate, with specialized international bodies with a view to the practical achievement of the social, economic, and scientific purposes set forth in this Article; and
  5. to transmit regularly to the Secretary-General for information purposes, subject to such limitation as security and constitutional considerations may require, statistical and other information of a technical nature relating to economic, social, and educational conditions in the territories for which they are respectively responsible other than those territories to which Chapters XII and XIII apply.

Article 74

Members of the United Nations also agree that their policy in respect of the territories to which this Chapter applies, no less than in respect of their metropolitan areas, must be based on the general principle of good-neighbourliness, due account being taken of the interests and well-being of the rest of the world, in social, economic, and commercial matters.

CHAPTER XII: INTERNATIONAL TRUSTEESHIP SYSTEM

 

Article 75

The United Nations shall establish under its authority an international trusteeship system for the administration and supervision of such territories as may be placed thereunder by subsequent individual agreements. These territories are hereinafter referred to as trust territories.

Article 76

The basic objectives of the trusteeship system, in accordance with the Purposes of the United Nations laid down in Article 1 of the present Charter, shall be:

  1.   to further international peace and security;
  2.   to promote the political, economic, social, and educational advancement of the inhabitants of the trust territories, and their progressive development towards self-government or independence as may be appropriate to the particular circumstances of each territory and its peoples and the freely expressed wishes of the peoples concerned, and as may be provided by the terms of each trusteeship agreement;
  3.   to encourage respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion, and to encourage recognition of the interdependence of the peoples of the world; and
  4.   to ensure equal treatment in social, economic, and commercial matters for all Members of the United Nations and their nationals, and also equal treatment for the latter in the administration of justice, without prejudice to the attainment of the foregoing objectives and subject to the provisions of Article 80.

Article 77

1 The trusteeship system shall apply to such territories in the following categories as may be placed thereunder by means of trusteeship agreements:

  1.        territories now held under mandate;
  2.         territories which may be detached from enemy states as a result of the Second World War; and
  3.         territories voluntarily placed under the system by states responsible for their administration.

2 It will be a matter for subsequent agreement as to which territories in the foregoing categories will be brought under the trusteeship system and upon what terms.

Article 78

The trusteeship system shall not apply to territories which have become Members of the United Nations, relationship among which shall be based on respect for the principle of sovereign equality.

Article 79

The terms of trusteeship for each territory to be placed under the trusteeship system, including any alteration or amendment, shall be agreed upon by the states directly concerned, including the mandatory power in the case of territories held under mandate by a Member of the United Nations, and shall be approved as provided for in Articles 83 and 85.

Article 80

  1. Except as may be agreed upon in individual trusteeship agreements, made under Articles 77, 79, and 81, placing each territory under the trusteeship system, and until such agreements have been concluded, nothing in this Chapter shall be construed in or of itself to alter in any manner the rights whatsoever of any states or any peoples or the terms of existing international instruments to which Members of the United Nations may respectively be parties.
  2. Paragraph 1 of this Article shall not be interpreted as giving grounds for delay or postponement of the negotiation and conclusion of agreements for placing mandated and other territories under the trusteeship system as provided for in Article 77.

Article 81

The trusteeship agreement shall in each case include the terms under which the trust territory will be administered and designate the authority which will exercise the administration of the trust territory. Such authority, hereinafter called the administering authority, may be one or more states or the Organization itself.

Article 82

There may be designated, in any trusteeship agreement, a strategic area or areas which may include part or all of the trust territory to which the agreement applies, without prejudice to any special agreement or agreements made under Article 43.

Article 83

  1. All functions of the United Nations relating to strategic areas, including the approval of the terms of the trusteeship agreements and of their alteration or amendment shall be exercised by the Security Council.
  2. The basic objectives set forth in Article 76 shall be applicable to the people of each strategic area.
  3. The Security Council shall, subject to the provisions of the trusteeship agreements and without prejudice to security considerations, avail itself of the assistance of the Trusteeship Council to perform those functions of the United Nations under the trusteeship system relating to political, economic, social, and educational matters in the strategic areas.

Article 84

It shall be the duty of the administering authority to ensure that the trust territory shall play its part in the maintenance of international peace and security. To this end the administering authority may make use of volunteer forces, facilities, and assistance from the trust territory in carrying out the obligations towards the Security Council undertaken in this regard by the administering authority, as well as for local defence and the maintenance of law and order within the trust territory.

Article 85

  1. The functions of the United Nations with regard to trusteeship agreements for all areas not designated as strategic, including the approval of the terms of the trusteeship agreements and of their alteration or amendment, shall be exercised by the General Assembly.
  2. The Trusteeship Council, operating under the authority of the General Assembly shall assist the General Assembly in carrying out these functions.

CHAPTER XIII: THE TRUSTEESHIP COUNCIL

 

COMPOSITION

Article 86

1 The Trusteeship Council shall consist of the following Members of the United Nations:

  1.         those Members administering trust territories;
  2.         such of those Members mentioned by name in Article 23 as are not administering trust territories; and
  3.         as many other Members elected for three-year terms by the General Assembly as may be necessary to ensure that the total number of members of the Trusteeship Council is equally divided between those Members of the United Nations which administer trust territories and those which do not.

 2 Each member of the Trusteeship Council shall designate one specially qualified person to represent it therein.

 

FUNCTIONS and POWERS

Article 87

The General Assembly and, under its authority, the Trusteeship Council, in carrying out their functions, may:

  1.         consider reports submitted by the administering authority;
  2.         accept petitions and examine them in consultation with the administering authority;
  3.         provide for periodic visits to the respective trust territories at times agreed upon with the administering authority; and
  4.         take these and other actions in conformity with the terms of the trusteeship agreements.

Article 88

The Trusteeship Council shall formulate a questionnaire on the political, economic, social, and educational advancement of the inhabitants of each trust territory, and the administering authority for each trust territory within the competence of the General Assembly shall make an annual report to the General Assembly upon the basis of such questionnaire.

 

VOTING

Article 89

  1. Each member of the Trusteeship Council shall have one vote.
  2. Decisions of the Trusteeship Council shall be made by a majority of the members present and voting.

 

PROCEDURE

Article 90

  1. The Trusteeship Council shall adopt its own rules of procedure, including the method of selecting its President.
  2. The Trusteeship 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 91

The Trusteeship 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.

CHAPTER XIV: THE INTERNATIONAL COURT OF JUSTICE

 

Article 92

The International Court of Justice shall be the principal judicial organ of the United Nations. It shall function in accordance with the annexed Statute, which is based upon the Statute of the Permanent Court of International Justice and forms an integral part of the present Charter.

Article 93

  1. All Members of the United Nations are ipso facto parties to the Statute of the International Court of Justice.
  2. A state which is not a Member of the United Nations may become a party to the Statute of the International Court of Justice on conditions to be determined in each case by the General Assembly upon the recommendation of the Security Council.

Article 94

  1. Each Member of the United Nations undertakes to comply with the decision of the International Court of Justice in any case to which it is a party.
  2. If any party to a case fails to perform the obligations incumbent upon it under a judgment rendered by the Court, the other party may have recourse to the Security Council, which may, if it deems necessary, make recommendations or decide upon measures to be taken to give effect to the judgment.

Article 95

Nothing in the present Charter shall prevent Members of the United Nations from entrusting the solution of their differences to other tribunals by virtue of agreements already in existence or which may be concluded in the future.

Article 96

  1.        The General Assembly or the Security Council may request the International Court of Justice to give an advisory opinion on any legal question.
    b. Other 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.

CHAPTER XV: THE SECRETARIAT

 

Article 97

The Secretariat shall comprise a Secretary-General and such staff as the Organization may require. The Secretary-General shall be appointed by the General Assembly upon the recommendation of the Security Council. He shall be the chief administrative officer of the Organization.

Article 98

The Secretary-General shall act in that capacity in all meetings of the General Assembly, of the Security Council, of the Economic and Social Council, and of the Trusteeship Council, and shall perform such other functions as are entrusted to him by these organs. The Secretary-General shall make an annual report to the General Assembly on the work of the Organization.

Article 99

The Secretary-General may bring to the attention of the Security Council any matter which in his opinion may threaten the maintenance of international peace and security.

Article 100

  1. In the performance of their duties the Secretary-General and the staff shall not seek or receive instructions from any government or from any other authority external to the Organization. They shall refrain from any action which might reflect on their position as international officials responsible only to the Organization.
  2. Each Member of the United Nations undertakes to respect the exclusively international character of the responsibilities of the Secretary-General and the staff and not to seek to influence them in the discharge of their responsibilities.

Article 101

  1. The staff shall be appointed by the Secretary-General under regulations established by the General Assembly.
  2. Appropriate staffs shall be permanently assigned to the Economic and Social Council, the Trusteeship Council, and, as required, to other organs of the United Nations. These staffs shall form a part of the Secretariat.
  3. The paramount consideration in the employment of the staff and in the determination of the conditions of service shall be the necessity of securing the highest standards of efficiency, competence, and integrity. Due regard shall be paid to the importance of recruiting the staff on as wide a geographical basis as possible.

CHAPTER XVI: MISCELLANEOUS PROVISIONS

 

Article 102

  1. Every treaty and every international agreement entered into by any Member of the United Nations after the present Charter comes into force shall as soon as possible be registered with the Secretariat and published by it.
  2. No party to any such treaty or international agreement which has not been registered in accordance with the provisions of paragraph 1 of this Article may invoke that treaty or agreement before any organ of the United Nations.

Article 103

In the event of a conflict between the obligations of the Members of the United Nations under the present Charter and their obligations under any other international agreement, their obligations under the present Charter shall prevail.

Article 104

The Organization shall enjoy in the territory of each of its Members such legal capacity as may be necessary for the exercise of its functions and the fulfilment of its purposes.

Article 105

  1. The Organization shall enjoy in the territory of each of its Members such privileges and immunities as are necessary for the fulfilment of its purposes.
  2. Representatives of the Members of the United Nations and officials of the Organization shall similarly enjoy such privileges and immunities as are necessary for the independent exercise of their functions in connexion with the Organization.
  3. The General Assembly may make recommendations with a view to determining the details of the application of paragraphs 1 and 2 of this Article or may propose conventions to the Members of the United Nations for this purpose.

CHAPTER XVII: TRANSITIONAL SECURITY ARRANGEMENTS

 

Article 106

Pending the coming into force of such special agreements referred to in Article 43 as in the opinion of the Security Council enable it to begin the exercise of its responsibilities under Article 42, the parties to the Four-Nation Declaration, signed at Moscow, 30 October 1943, and France, shall, in accordance with the provisions of paragraph 5 of that Declaration, consult with one another and as occasion requires with other Members of the United Nations with a view to such joint action on behalf of the Organization as may be necessary for the purpose of maintaining international peace and security.

Article 107

Nothing in the present Charter shall invalidate or preclude action, in relation to any state which during the Second World War has been an enemy of any signatory to the present Charter, taken or authorized as a result of that war by the Governments having responsibility for such action.

 

CHAPTER XVIII: AMENDMENTS

 

Article 108

Amendments to the present Charter shall come into force for all Members of the United Nations when they have been adopted by a vote of two thirds of the members of the General Assembly and ratified in accordance with their respective constitutional processes by two thirds of the Members of the United Nations, including all the permanent members of the Security Council.

Article 109

  1. A General Conference of the Members of the United Nations for the purpose of reviewing the present Charter may be held at a date and place to be fixed by a two-thirds vote of the members of the General Assembly and by a vote of any nine members of the Security Council. Each Member of the United Nations shall have one vote in the conference.
  2. Any alteration of the present Charter recommended by a two-thirds vote of the conference shall take effect when ratified in accordance with their respective constitutional processes by two thirds of the Members of the United Nations including all the permanent members of the Security Council.
  3. If such a conference has not been held before the tenth annual session of the General Assembly following the coming into force of the present Charter, the proposal to call such a conference shall be placed on the agenda of that session of the General Assembly, and the conference shall be held if so decided by a majority vote of the members of the General Assembly and by a vote of any seven members of the Security Council.

CHAPTER XIX: RATIFICATION AND SIGNATURE

 

Article 110

  1. The present Charter shall be ratified by the signatory states in accordance with their respective constitutional processes.
  2. The ratifications shall be deposited with the Government of the United States of America, which shall notify all the signatory states of each deposit as well as the Secretary-General of the Organization when he has been appointed.
  3. The present Charter shall come into force upon the deposit of ratifications by the Republic of China, France, the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland, and the United States of America, and by a majority of the other signatory states. A protocol of the ratifications deposited shall thereupon be drawn up by the Government of the United States of America which shall communicate copies thereof to all the signatory states.
  4. The states signatory to the present Charter which ratify it after it has come into force will become original Members of the United Nations on the date of the deposit of their respective ratifications.

Article 111

The present Charter, of which the Chinese, French, Russian, English, and Spanish texts are equally authentic, shall remain deposited in the archives of the Government of the United States of America. Duly certified copies thereof shall be transmitted by that Government to the Governments of the other signatory states.

IN FAITH WHEREOF the representatives of the Governments of the United Nations have signed the present Charter. DONE at the city of San Francisco the twenty-sixth day of June, one thousand nine hundred and forty-five.

 

 

Selection of Emanuel’s book as “Sejong Book” for 2018

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오늘 (2018년 7월 6일) 한국출판문화진흥원이 임마누엘 페스트라이쉬 의 책 “한국인만 몰랐던 더 큰 대한민국”을 사회과학 분야에서 2018년도 세종도서로 선정이 됐어요. 한 600부는 전국도서관에서 분배 될 전망 입니다.

Today, the Korean Publication Industry Promotion Agency (KIPIA) selected Emanuel Pastreich’s book in Korean A Greater Republic of Korea which Koreans never Imagined as a “Sejong Book” for 2018. This book will be distributed to libraries across Korea in a special edition.

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“蓬佩奥为美国”外交之棺”钉上最后一枚钉” 多维新闻

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多维新闻

“蓬佩奥为美国”外交之棺”钉上最后一枚钉”

2018年 7月 5日

贝一明

美国的破坏神

trumped congress chin
蓬佩奥国务卿几个月以内第三次访问朝鲜。这个级别的访问过去几乎七十年中只有一次：2000年马德琳·奥尔布赖特国务卿访问平壤。我们应该怎么理解蓬佩奥访问的频次，难道是他爱上了平壤的泡菜吗? 或者，一直反对伊朗核协议的蓬佩奥突然变卦了？蓬佩奥七月五月访问平壤协商美国与朝鲜的合作。美国新闻说他将与金正恩委员长讨论如何在一年以内拆除所有的核武器、远程导弹以及跟核武器有关的技术设施。但如果我们看看蓬佩奥的行为，完全与和平背道而驰：他不断地支持美国增加军事投入，而且积极支持对伊朗动武。特朗普政府篡夺国会权力，置美国公民（他们眼中的愚昧百姓）的想法于不顾，违背国际道义退出伊朗核协议，进而又公开支持以色列军方与警方使用高杀伤力武器对耶路撒冷手无寸铁的抗议者展开血腥屠杀。我们知道这一切只是一个开始，因为美国联邦政府心怀道德标准的男男女女都已不见踪影。此时此刻，特朗普却表示他会为朝鲜半岛带去和平。 尽管美国与朝鲜的互动可能会产生某些积极影响，但发生在也门、叙利亚、利比亚、埃及和伊拉克的屠杀证明，支离破碎、穷兵黩武的美国根本不会成为和平的源头。纵观整个华盛顿，我们眼前只剩下了由二手车推销员经营的、打了折扣的国际关系，由杂耍艺人和皮条客拼凑出来的策略，以及由花花公子和投机分子编造出来的政策。在他们的高调宣传中，美朝首脑峰会酷似一场重量级的拳王争霸赛。不断发表好战言论的哈利·哈里斯大使与迈克·马伦上将等鹰派人物在旁煽风点火，再加上特朗普“逆我者亡”的暗示，峰会前夕的种种，简直与当年穆罕默德·阿里拳王赛前对乔·弗雷泽的嘲弄如出一辙。在特朗普看来，这种娱乐性与恐怖效果兼备的套路一定比无聊的、承载着责任的切实政策更合他的胃口。整个过程根本就是一场无意于唤醒观众良知、只顾迎合他们的低级趣味的闹剧。在这次峰会后的记者招待会上，特朗普一味装模作样地煽情、不着边际地东拉西扯，让人不知所云，不过这足以让他在中期选举中蒙混过关。 我们在考虑下一步举措时，应当首先揣摩一下美朝峰会期间从未提到过的问： 中国、日本、韩国、俄罗斯以及美国在东亚地区展开了可怕的军备竞赛； 美国公然违背《核不扩散条约》，大肆研发新一代核武器； 朝鲜半岛及毗邻地区气候变化问题日益突出，土地贫瘠化问题在朝鲜十分严重、在韩国也愈演愈烈； 朝韩两国财富集中问题逐渐加剧，由此导致的社会与政治层面的扭曲不可忽视； 媒体堕落，人们无法获得有意义的新闻。 我们需要从根本上转变方向，施展政治上的“合气道”，接这两位首脑的招，借力打力，巧妙地将其朝着积极方向引导，在博弈中占得上风。这一目标可以实现，但需要身为公民的我们付出巨大努力、倾注大量心血。如今发号施令的特朗普团队不过是一群毫无价值、像苍蝇一样围着“甜爹”飞舞的极端分子。不论从哪个方面看，他们都不是保守人士。他们更像精神病患者，对气候变化可能会导致的后果、核战争乃至他们子女的未来毫不关心。他们要么是富豪，要么是富豪的鹰犬。这些人已经成功地切断了美国与国际社会之间的纽带。 有些人可能觉得自己应该跟随他们心怀喜悦地迎接未来，但我只想对这群声称要发动世界大战的疯子敬而远之。阿尔伯特·爱因斯坦曾这样写道：“我不知道第三次世界大战上会出现何种武器，但第四次世界大战，人们只能使用木棍和石头。”我得说，考虑到当前已经拥有的军火数量，再加上气候变化即将导致的大灾难，爱因斯坦未免太乐观了。2018年5月24日是一个转折点，是“没有意义的一天”–黄睿（音译）在描述明朝末期体制崩坏、曾经强大的政治实体从内部土崩瓦解时，用了这样的表述。这一天所发生的一切在百姓看来似乎无关紧要，但其后果却是灾难性的。许多中国人对发生在5月24日的两件大事置若罔闻–他们要么在为生计奔波忙碌，要么沉迷于电子游戏与肥皂剧中，以此来逃避残酷的现实。但对于执着于追求真相的人们来讲，这两件事可谓意义深远。首先，美国总统唐纳德·特朗普给金正恩写了一封言辞浮夸的信，引发网络热议的同时也令众多媒体专家一本正经地津津乐道。这封信不啻于一份公告：美国总统现在是“最高领袖”，不经国会许可、不参考专家以及任何人的建议即可代表美国针对全世界作出决策，只要他愿意，可以毁灭世界。对于这封信上的言论，相当数量的美国人在自欺欺人，说这场政治噩梦不过是暂时的误解。 就在特朗普发出这封粗鲁而又极具威胁性的信函的同一天，朝鲜邀请了各国记者前来见证丰溪里核试验场的爆破行动。因此这封信对朝鲜人、韩国人、中国人、日本人乃至所有为召开美朝领导人峰会、开启双方切实对话而付出心血的人来讲，都是明目张胆的侮辱。此外，这封信不只是写给金正恩的，它是要告诉全世界，如果特朗普团队意欲发动战争，那么他们可以跟对方协商的，只是对方投降的条件。 5月24日还发生了另外一件事，一个重要活动被取消，特朗普政府突然命令太平洋司令部正式撤销对中国参加2018年夏威夷环太平洋军事演习的邀请。该演习已经成为中美两国军方开展合作、交换意见的重要平台，军事专家也将其视为保证太平洋沿岸两个大国协作互助的关键活动。早在2017年5月，特朗普政府便已邀请中国参加该军事演习。 在取消新加坡美朝峰会的同一天撤销已经发出的对中国的邀请，这是巧合吗？要知道，为使美朝双方首脑的会晤成为可能，中国也付出了不懈的努力。这种行为，除了把它看作对中国的严重羞辱，很难有其他解释。中国与美国的普通民众也许对具体情况并不了解，但制定军事规划的相关人员无疑对这一决定的意义心知肚明，了解它将会产生数十年的深远影响。这种决定并不是意外的产物，而是他们的全部想法。 奥地利作家赫尔曼·布洛赫有部小说叫《梦游者》（Die Schlafwandler），讲述的是三个虚构角色受一战时期崩溃的文化秩序所困，茫然度日的故事。布洛赫描绘了当时德国受教育阶层一种奇怪的心理状态。人们像梦游者一样生活，在社会中和工作岗位上各司其职，但从最深刻的意义上讲，他们完全无视经济与体制崩溃的征兆。因为即使他们对自己行为的后果无所察觉，社会也能继续运转。这多么像是对今天相当数量的美国人的描写。 也许你听到过特朗普可能会获得诺贝尔和平奖的传闻，读到过认为他的轻率举动与当初罗纳德·里根对米哈伊尔·戈尔巴乔夫采取的措施如出一辙的社论，可从中获得些许安慰。然而，当时冷战即将结束–难道这样的历史背景也与现在的状况相似？ 如今我们见到的是，在美国，决策过程只有一小群人参与，他们对人民毫不负责，不听取国会的意见，专家的看法更是被束之高阁。导致这出悲喜剧上演的，也许不是特朗普的政治天赋，而是美国正常政治话语体系的倒塌。智者已退守自己的私人世界，大多数民众获取知识与新闻的渠道相对闭塞，只能自求多福。“幼稚的甘比诺”（Childish Gambino）制作的《这就是美国》（This is America）视频将美国盛行的物质崇拜文化展现得淋漓尽致。在人们的脑海中，911恐怖袭击事件、查尔斯顿教堂枪击案等一幕幕惨剧已然模糊，取而代之的是各种新鲜事物。民众已经沦为一心寻求刺激的消费者。 大师级傀儡与傀儡大师合二为一：蓬佩奥 就在这样的文化环境中，美国国务卿迈克·蓬佩奥粉墨登场，成为了美朝会谈的中心人物。可以毫不夸张地讲，蓬佩奥与美国历史上的任何一位国务卿都截然不同。他由于对亿万富豪兄弟查尔斯·科赫和戴维·科赫唯命是从而上位，眼中只有那几个掌握财富的出资者。 官方记录显示，今年他曾先后以中央情报局局长和国务卿的身份两度访问朝鲜。他曾在政府官员的陪同下参与朝鲜弃核计划的相关讨论，后来金正恩主席和金永哲副主席与之会见。考虑到特朗普上台后白宫频频释放虚假消息，而且众多事件动不动就会被定为顶级机密予以保密，因此人们完全有理由怀疑他的赴朝之行是否真的仅有两次，而且只有政府官员参加。既然分析学家们总是想入非非，无凭无据地将朝鲜先发制人、对韩国和美国开展核打击的场景描述得绘声绘色，请允许我在这里也发挥一下想象力： 飞往平壤的飞机上很可能还坐着科氏工业集团的代表，他们打算与朝鲜签订独家合同，开采那里的自然资源。朝鲜的煤、铀、铁、金、镁、锌、铜、石灰石以及稀土金属（用于电子工业）的储量十分丰富。据韩国矿业企业韩国资源公司（Korea Resources）估算，这些矿藏的总价值在六万亿美元左右。即使不能将其全部开采，可以获得的利润也不可小觑。飞机上也许还有其他大企业派出的代表，他们都想与朝鲜签下独家协议，要么是为了修建那里的基础设施，要么是为了给美国农产品开辟市场。 有一件事我们可以确定：蓬佩奥在平壤与金正恩见过几次面，但并没有与之严肃地讨论过防止核扩散问题。蓬佩奥对执行防扩散协议、商讨外交合约的技术流程与艰巨性一无所知。多年来，他一直在国会中冠冕堂皇地破坏伊朗核协议。而且，国务院原有的高级官员几乎全部被前国务卿雷克斯·蒂勒森降职、解雇或逼迫退休，蓬佩奥的身边现在只剩下自私自利、愤世嫉俗的无能官僚，因此他根本无法开展切实的商讨。 蓬佩奥带头推波助澜，让美国做出退出伊朗核协议的决定。这无疑是美国正当外交之棺上的最后一枚钉子。签署这样的协议需要具备防止核扩散方面的专业知识，需要公之于众、记录在案的多次磋商，需要各国紧密合作。这份协议所涉及的国家，不只美国一个。美国现在对国际法律与外交公约的无视，已经到了自建国以来前所未有的程度。 了解过蓬佩奥在商界与堪萨斯州政坛中的履历之后，我们不难猜出他会在平壤讲些什么：替美国企业拿下合同，开采朝鲜的自然资源、剥削其廉价的劳动力。就算“防止核扩散”一事被偶尔提及，也不过是他用来搞炮舰外交的工具：“把合同签了，把你们的煤、铜、钢、铀和金矿统统交出来，不然就等着我们入侵吧。” 蓬佩奥心中的模式以伊拉克为样板：2003年伊拉克战争后，多国公司对其进行了开发。他们的计划是瓜分那里的矿物燃料资源，让贝克特尔与哈利伯顿公司（Bechtel and Halliburton）签约进行基础设施建设，即使伊拉克当时并未打算大兴土木。这一模式与蓬佩奥在华府的众多客户计划对伊朗展开的经济开发别无二致–他们也打算分享那里的石油资源，而其先决条件，要么是政权更迭，要么是爆发战争。 蓬佩奥在会谈中商讨的内容我们首先来看蓬佩奥5月14日自平壤回国后，在记者招待会上的发言–他这次会谈的内容或许从中可见一斑。“美国人将会介入–不是美国的纳税人，而是私营领域的美国人–私营领域的美国人将出面帮他们建设电网。朝鲜人对电力的需求很大。”（美国之音）蓬佩奥暗示，大批“私营领域的美国人”将涌入朝鲜修建电网，对纳税人来讲，这具有正面意义，并不是负担。然而关键在于，不论朝鲜愿不愿意，贪婪的、意欲快速攫取利润的私营企业所铺设的电网都将浪费那里的能源，而它所消耗的廉价煤炭将由蓬佩奥的头号客户–科赫兄弟在当地开采。 朝鲜需要的不是大量电力，而是由来自高校的专家所组成的非政府组织及其援助，是同全世界愿意为切实解决问题而付出努力的有识之士交流互动的机会，是让民众了解过度开采对环境的负面影响的启蒙行动蓬佩奥认为，要让朝鲜民众过上幸福的生活，就该让他们“有大量电力可以消耗”。最近这种说法被美国媒体反复提及，然而根本没有事实依据。即使不大肆消耗能源，朝鲜也有许多发展途径，而且它可以摆脱只顾眼前利益的企业的干预，制定自己的政策。事实上，美国企业借以搜刮技术工人、榨取利润的低薪工厂似乎更需要电力–那里的工人遭到的剥削，甚至比在越南和中国的同行还要严重。可以肯定，这些企业根本不在意朝鲜人民的福祉，它们只想找到通过残酷盘剥榨取利润的新机会。在蓬佩奥心中，大量使用煤炭对空气和气候造成的灾难性影响是最无关紧要的事情。有记录表明，他曾厚颜无耻地鼓励科氏集团旗下的空壳研究机构编造垃圾“科学报告”，以论证宣扬：气候变化不过是谣言，矿物燃料是经济增长的必然要素。他还经常以国会议员的身份对可以保护美国公民免遭工业污染侵害的法规发起挑衅。在那次记者招待会上，蓬佩奥还说：“我们将与他们合作，修建基础设施，建设朝鲜人民所需要的一切。我们要用美国的农业来支援朝鲜，让那里的人吃上肉，过上更健康的生活。”蓬佩奥心中的“基础设施”，应当包括高速公路、发电厂、净水厂，以及专供富人享用的住宅大厦和豪华超市–这样的基础设施只能加重对普通民众的剥削，供社会上层醉生梦死。该计划一旦实施，朝鲜就会对国外科技产生严重的依赖性，无法从一开始培养自己的专家。而且，鉴于特朗普团队正在掏空政府，欲把整个美国归为己有，那么届时他们在朝修建的基础设施肯定将由跨国企业运营，变为他们生产利润的工具，而可以从中获益的朝鲜人民恐怕少之又少。在蓬佩奥愚蠢的言论中，“让朝鲜人民吃上美国肉”这一观点最令人反感。他表示美国生产的肉类可以增进健康，完全无视科学调研结果。已有研究表明，由于在饲料中滥用合成激素与抗生素，美国的牛肉已经成为不可忽视的健康隐患。我本人一向对它敬而远之。更重要的是，尽管朝鲜人民也许可以从中摄取更多的蛋白质，但让他们在自己国家小规模地饲养鸡、猪等家禽家畜要好得多。这样可以避免对环境造成严重破坏–美国的工厂化农场造成的污染简直难以估算。牛进食的不是青草，而是玉米，由此产生的沼气排进空气中将带来灾难性后果。进口肉类，朝鲜会得不偿失。朝鲜现在迫切需要的，是历经几十年的破坏性工业化养殖后恢复土壤质量、重新造林；朝鲜人民最不需要的就是美国农业产品，尤其是麦当劳餐厅等缺乏基本营养的快餐食品。不论特朗普发多少天花乱坠的推特，朝鲜一个个破碎的家庭也无法重圆，社会、医药等重要领域的非政府组织也未能与朝鲜民众开展广泛接触，学者们甚至没有进行关于“朝鲜人民的真正福祉为何”的讨论。美国国会已经宣布，只要朝鲜的去核化成果没有让特朗普政府满意，对朝制裁就不会撤销–对朝鲜来讲，这一任务堪称艰巨；而谈到去核化，特朗普等人既缺乏这方面的知识，又没有这样的真实意愿。美国“门面”与实质之间的鸿沟美国国务院的门面–哈里·杜鲁门大楼–是在华府实习的各国大学生拍照留念的热门景点。该建筑于1941年落成，正面铺设印第安纳石灰石，低调而又庄严，堪称公共事业振兴署作品的改良版。岁月给它增添了几分神韵，一见到它，人们就会想起与法西斯不懈斗争、不辞辛劳的外交人物，以及同乔治·马歇尔国务卿一起焚膏继晷、为建立联合国而费尽心血的有识之士。然而这些美好的回想同今天在大楼中发生的一切无甚关联。前国务卿雷克斯·蒂勒森费尽心机，将博闻广识、德才兼备的高级外交人员清除了出去：要么直接解雇，要么制造紧张气氛，逼其自动离职。现在这栋大楼只剩下一具空壳。尽管国务院已经行将就木，但这场旷日持久的绞杀行动才刚刚迎来高潮。国务院之死不过是联邦政府末日的序曲，这一过程可以追溯到20世纪70年代。后来，罗纳德·里根及其富豪密友于1981年掌权后，立即撤销了联邦政府雇员曾经享有的保障，以瓦解其联盟。公务员们失去了根基，再也无法给政客把关。知识分子不再青睐政府工作，转而投身法律、银行业等领域。里根政府还迈出了政策制定私人化的第一步，开始将纳税人的钱投向私人智库、咨询公司等只关注眼前利益的、寄生虫般的机构。政府缺乏建立专业团队的资金，只好对他们手下的顾问唯命是从。自那以后，企业与政府之间的权力关系发生了永久性的转变。乔治·W·布什上台后，针对国务院中的专家派别斗争采取了新的紧急措施。他在白宫中集结了一群右翼极端分子–只要有机会，他们随时随地会掀起战争。然而政府内部也做出了有力的回应。值得一提的是，克林顿任命的乔治·特尼特留任中情局局长，开明共和党人科林·鲍威尔接任国务卿，尽管二人并非英雄人物，但他们能够长时间地保留自己的职位，意味着迪克·切尼和唐纳德·拉姆斯菲尔德为能够为所欲为而展开的清除异己行动部分受挫，联邦政府中对外交与安全问题持有正确态度、才高进取的核心人士得以保留。即使在切尼炙手可热的时期，他们也发布了报告，公开与布什团队制定的政策抗衡。切尼及其伙伴意欲向伊朗开战，但至少有两次，其发起的行动因少数派的反对而宣告失败。随后右翼分子决定从内部摧毁公务员系统，并将相关职责外包给企业。显而易见，只着眼于利润的私营企业只会惟命是从。政府的其余系统也都面目全非。高级官员退休后可以做政府顾问，收红包、赚大钱，而普通工作人员的待遇却急转直下。如今的政策制定体系完全不符合宪法规定，这已经是公开的秘密，因为原本属于政府功能的政策决策工作，现在却交给了毫不可靠的营利性组织。尽管国务院自身没有专家团队，其在政策制定中的地位也已不复存在，但蓬佩奥显然握有实权，能够将自己想要的政策制定完毕。在某种意义上，他的权力似乎高于之前的几位国务卿，因为他可以完全无视国会，肆意践踏法律与程序规定。为了弄清楚他的这种权力从何而来，我们来回顾一下过去三十年中联邦政府以及地方政府的沦陷过程。各级政府无力回天，失去了为企业把关的能力，同时又把政策制定这一职责交给了以赚钱为目的的律师、说客和顾问。不仅如此，全国公民更被排除在美国的民主化进程之外。希达·斯考切波在《民主的衰落：从公民成员到公民生活的管理层》（Diminished Democracy: From Membership to Management in American Civic Life）一书的终章中，描述了各个阶层的美国人是如何在日常生活中退出各种集体活动与民主实践的。以往他们经常跟来自各个领域的人彼此在家长会、莱恩俱乐部早餐会和共济会仪式上见面，在退伍军人联盟、妇女联合会、基督教青年会和童子军组织中同舟共济，如今却要么形单影只，要么跟寥寥几个朋友在星巴克咖啡厅里一本正经地讨论大众文化。以往上述组织会进行选举，让公民参与管理组织内部的本地事务。而自从20世纪80年代开始，尤其是过去15年以来，多数公民只在社交媒体上交换意见，没有跟需要他们参与、尽义务的任何活跃组织发生关联。结果是什么？选举活动与政策的制定看似在照常进行，然而这样的选举只由民主党或者共和党主导，与跟公民生活息息相关的民主制度根本不符，因此愈发在人们心中变得陌生、无关紧要。政府效仿企业，采用非透明、非参与性的“管理”模式，将民主过程抛诸脑后。民主过程缺乏普通公民的参与，导致富豪家族及其企业有机可乘。他们投以巨资，建立为自己利益服务的非政府组织，要么兴办报纸与杂志，要么利用昂贵广告收买媒体做自己的喉舌，同时资助“专家”在各个新闻节目中频频露面，就朝鲜造成的威胁、自由贸易的好处等问题大放厥词。从事这些勾当，蓬佩奥简直是游刃有余。美国支持特朗普政策的“保守派”不过是根深蒂固的政治信念的产物。由少数右翼企业操纵的商业媒体频频释放虚假信息，他们满怀委屈，拼命想在这样的环境中了解这个日趋疯狂的世界。可悲的是，那些受到命运眷顾、在富裕家庭中长大、接受良好教育的人们常常谴责特朗普的支持者是“傻瓜”，丝毫不考虑对方的境遇。为照顾企业的经济利益，花费巨资雇佣专家、记者，为虚张声势的民众运动摇旗呐喊；搞各种没有观众的活动，同时聘说客来营造某活动开展得如火如荼的假象–由非政府组织“美国式人民”（People for the American Way）于1996年发布的报告《收买一场运动》（Buying a Movement）细致入微地描写了这种行为。报告问世二十年以来，事态愈发恶化，黑色交易已在美国政坛中靡然成风。企业影响力的扩大仅仅是美国政府政治过程面目全非的第一阶段。长期以来，财富向少数人手里集中，这种现象更使得美国岌岌可危：超级富豪掌握的财富几乎呈现指数级增长，亿万富翁阶层已经可以取代大企业，像皇帝一样不负责任地随意制定政策。同时，在过去的五年里，企业减税计划仍在实施，对企业利益的限制也在不断放松，一个崭新的政治世界由此而生。财富-X报告（The Wealth-X Report）及其《2018年亿万富翁调查报告》（Billionaire Census 2018）显示，2017年超级富豪掌握的财富共计9.2万亿美元，增长了24％，相当于全球GDP的12％。尽管二十年前的大企业总裁也对国家政策有巨大的影响力，但被限制在私营领域活动，且对环境宽松的精英体制有所青睐。而现如今，企业总裁要给比尔·盖茨、马克·扎克伯格和沃伦·巴菲特等亿万富翁让路，后者的语录充斥着媒体，仿佛他们是现代先知。还有一伙超级富豪利用大量隐性资金和对媒体的秘密控制将特朗普推进了白宫。这伙人中，有坚定的亲以色列派谢尔登·阿德尔森，有伯纳德·马库斯、罗伯特、默瑟，更有煤炭与石油大亨戴维·科赫和查尔斯·科赫。他们进行了一场豪赌：只要往政治圈里扔的钱够多，就能让美国的选举系统短路，选出一位服务于他们的需要的总统。他们打算借前后矛盾、荒唐搞笑的推文和傻话连篇的报道来迷惑、误导大众。现在看来，他们的招数并没有落空。即使在仅仅五年前，这一幕都不可能发生。“税制改革”以来财富的大量转移表明这群人和他们的同伙已经被权力冲昏头脑，还会得寸进尺。戴维·科赫与查尔斯·科赫（二人身家总计1000亿美元）成就了蓬佩奥，因此后者只对他们的需求负责，置联邦政府公仆的责任于不顾，更视美国人民与国际社会的利益为无物。当然，以全班第一名的成绩从西点军校毕业的蓬佩奥是个聪明人，可他是凭借自己对科赫兄弟毫不动摇的忠诚上台的，而这就是他聪明的地方：他早就明白，身后有这样可以迅速积聚财富的大佬撑腰，根本不必浪费时间讨好普通百姓。没错，蓬佩奥握有实权，不可小觑，而且他正在就朝鲜问题与哈利·哈里斯等人角力。然而他权力的源头并不是在国务院、中央情报局乃至国防部中辛苦劳作的公务员，而是科赫兄弟以及对他寄予厚望的企业所撒下的广阔关系网。在国会议员中，蓬佩奥从科赫兄弟及其煤矿企业收取的献金最多。《记录调查》（Documented Investigations）导演丽莎·格拉夫斯在采访中表示，蓬佩奥从政治生涯开始时便与科赫兄弟紧密合作。他本能地支持由科赫兄弟提出的法案，故意无视他在堪萨斯州的支持者们的看法。在科赫集团削弱政府权力，使其无法为保护环境而规范企业行为、让公民接受自我决策方面的优质启蒙教育的行动中，蓬佩奥成了领军人物。空壳智库应运而生，不断宣扬“有限政府”之类的理念。其实他们的目的并不想解决政府的权力滥用问题，而是要限制政府功能，使其在企业的违法行为面前无能为力。食物与水观察组织（Food and Water Watch）负责人维诺纳·豪特认为，“蓬佩奥是机会主义者，谁出价高就问为谁卖命。”他不顾堪萨斯州公民的感受，阻碍各州行使要求为转基因食品添加标识的权力。他只关注孟山都公司的利益，帮他们推广危险的农用化学品，在全体农民与农业综合企业之间建立不健康的依赖关系。在国会中宣扬伪科学、拒绝承认气候变化、散布由科赫集团旗下组织捏造的虚假研究结果、宣称污染对人类的不良影响与科赫集团的公然犯罪行为并不存在，这就是蓬佩奥的所作所为。豪特解释道：“我们知道科赫兄弟正在斥巨资宣传垃圾科学，编造‘气候变化问题是否存在，各方并未达成共识’的论调。我们知道这完全是谎言：科学界对气候变化已有定论。”然而科赫兄弟并未罢休。抗议组织“我的校园不要科赫”（UnKoch My Campus）披露文件显示，科赫兄弟一直在聘请大学教授、建立专家团队，鼓吹经其歪曲的“自由市场”政策，以此证实为国家的前途考虑，政府取消对企业的监管势在必行。某些大学在暗地里对他们言听计从，甚至大学里的相关人员任免都由他们决定。他们还大力推广“青年企业家”（Youth Entrepreneurs）活动，告诉大学生与高中生，企业的赋税越低越好，政府的监管越松越好。新加坡峰会新加坡的香格里拉酒店，一场盛大的媒体狂欢，特朗普与金正恩正在上演与外交政策结合的新版真人秀。我们看到的是可以与拿破仑三世和“疯王”路德维希二世相媲美的国家领导人。国家安全与国际关系问题专家翻着白眼，福克斯新闻和CNN不遗余力地捞钱。对于信奉娱乐至上的商业媒体来讲，国家的良好政策是最无关紧要的。为了给这次峰会做准备，特朗普看了福克斯电视台的节目和《老友记》，又发了几条含糊其辞的推特。这样就行了，会出什么问题？朱利安尼暗示，特朗普本来可以神不知鬼不觉地暗杀联邦调查局前局长詹姆斯·科米。自从19世纪50年代以来，前政府官员之间已经很少开这种玩笑了。朱利安尼随后宣称，金正恩是在特朗普的强压下请求开启峰会的–这是他们用题外话搅混水、使任何一种结果成为可能的老套路，同时也是一种莫大的侮辱。对此特朗普未置一词。隐藏在他们言行背后的，是国家治理体系的彻底崩溃与使用武力趋势的抬头。 新加坡峰会之后续首先，新加坡峰会是特朗普等人在即将与联邦调查局背后的政府派系展开决战之际，借以实现政治三角化、巩固权力的工具。民主党已向右翼倾斜，为击败共和党而抄袭了对方的剧本，成了这次事件中的强硬派。他们宣布，除非朝鲜达成五个条件，否则绝不同意撤销对其的制裁。这些条件可谓令人憎恶。民主党倾向右翼的举动与对俄罗斯的强烈关注给特朗普树立了硬朗、开明的形象；相比之下，主流民主党人与某些共和党人更显得戾气满满。对美国历史上最保守、腐败问题最严重的总统来讲，这一“成就”不可小觑。然而民主党的转变并未止步于此。众议院的民主党代表中，将近半数具有军方或知识分子背景，许多人陷入了激烈的利益冲突，难以缓和对俄罗斯、伊朗、中国以及朝鲜的强硬态度。一言以蔽之，今天的民主党已经与被冠以“民主”之名、曾大力支持丹尼斯·库西尼奇和保罗·威尔斯通等睿智人士的组织无甚关联。其次，一面是美朝峰会，一面是美国军方掌权派系意欲在美国与伊朗、俄罗斯或／和中国之间发起挑衅，发生全面军事对抗的可能性在加速上升。 也许你翻阅过特朗普所有表示寻求朝鲜半岛和平（却没有任何具备约束力和法律价值的东西做支撑）的推文，但你有没有听过新任驻朝大使哈利·哈里斯在5月30日的讲话，他说：“朝鲜目前仍然是我们最为紧迫的威胁。决不能接受一个拥有核能力、可以把导弹发射到美国的朝鲜。”你也许没有留意，但中国人和朝鲜人一定注意到了。美国对中国的排挤已经严重到极点。对赴美中国公民实施签证限制，起诉中国企业从事间谍活动，违反法律规定与国际协议、展开大规模贸易报复，这些做法已经成为主流。美国正在逼迫马来西亚、菲律宾、澳大利亚和韩国与中国针锋相对，且彻底把中国关在协商的大门外，使其无法参与有关朝鲜未来的讨论。以这种方式对待中国简直毫无策略性可言–当今中国是世界经济中心，六分之一地球公民的家园。更不用提中国正在就美国做不到的事付出努力：解决气候变化问题，推广可再生能源韩国、日本以及美国的其他同盟国在会谈时，对保持与美同盟关系的热情却似乎在日趋减退。它们在军事同盟问题上出人意料的沉默昭示着它们愈发强烈的矛盾心态。 我们正在见证美国外交政策上的“红巨星”效应。恒星即将消耗完核心中的氢、核反应停止后，便会进入生命的次末期，变为红巨星。惰性核心在其自身的引力作用下不断收缩，吸收外部的氢，在其周围引发缓和的、非集中的融合反应，此时恒星的体积会剧烈膨胀，而密度却大幅降低。红巨星继续燃烧，最后坍缩为白矮星。与此相似，美国在东亚地区进行大规模军事扩张，同时却面临亚洲专家培养系统崩溃，大使馆及智库人才匮乏，两地区文化和学术交流衰减、人民无法保持紧密联系等问题，因此失去了发掘新创意以及制定合理政策的核心能力。美国最终会膨胀到失去控制，无可避免地面临骇人的全方面紧缩，但这一过程并不会像恒星演化那样历经数十、数百亿年。这次峰会，正如我事先的预料：特朗普没有提出任何实际的解决方案。峰会倒是起到了这样一个作用：做美国国民经济军事化最后阶段的遮羞布。我们所面临的终极问题，是在1944年布雷顿森林会议与1945年联合国大会上建立的全球治理体系被特朗普等人及其全世界的盟友与伙伴毁灭殆尽后，全世界人民是否能从中获益。我们是该鼓起从混沌中创造更佳体制的勇气，还是满足于做被动的消费者：一边把目光集中在特朗普愚蠢的推文上，被逗得乐不可支，一边等待着末世的来临？