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" "The bearers of the right of self-determination possess justiciable rights, not mere promises.
Alfred Maurice de Zayas (born May 31, 1947, Havana, Cuba) is an American lawyer, writer, historian, an expert in the field of human rights and international law, a peace activist, President of PEN International Centre Suisse romand (2006-09 and 2013-17), United Nations Independent Expert on the Promotion of a Democratic and Equitable International Order (also known as Special Rapporteur 2012-2018), appointed by the United Nations Human Rights Council. Professor of International Law.
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The UN General Assembly remains the most representative and least intimidating forum where diplomats can exchange points of view and approaches, where they can craft viable compromises. But 79 years after the adoption of the Charter, new realities have emerged that are not properly reflected in the membership of the UN Security Council. Already in 2005 UN Secretary-General Kofi Annan proposed in his report “In larger Freedom” an expansion of the SC from 15 to 24 members
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States should practice multilateralism and abandon unilateral actions that adversely affect a democratic and equitable international order, refraining from the threat or use of force. They should apply international law uniformly, abandon overreliance on “positivism” and efforts to circumvent treaty obligations or invent loopholes. As “nature abhors a vacuum” (Spinoza, Ethics), human rights law abhors “legal black holes”