This informative article takes a snapshot in time with the relevance of international law. It can so by taking the traditional purposes of international law because the point of departure for floating the theory that international law must appeal to the reality of contemporary times being sufficient.
For long, international law or regulations of nations was understood because the panacea for resolving inter-state differences. Those who viewed international law from the lens of criticism could but quote a couple of instances of its absolute disappointment. However, even the biggest of its opponents cannot criticize international law endlessly because there was no Iraqs, Afghanistans, 9/11s or 7/7s for example.
The same is no more time true. A layman or legal counsel alike would rather paint any bleak picture of international law from the brush of the realities regarding ongoing armed conflicts to which international law has did not put an end. A essential question naturally comes to brain: is international law living by means of challenging times? It is without a doubt. Is it sufficient as that stands today? Yes and simply no.
Historically, international law has dished up two main purposes: it has provided a program for like-minded states (the original subjects of international law) to eliminate their disputes through mutual argument. Secondly, it has narrowed down exceptions to the usage of force. Unfortunately, these very purposes remain cast in serious doubt by recent developments on the international level.
“Like-mindedness” is a comforting causing factor for states to acknowledge a dispute resolution framework. Nonetheless, it is precisely just in which. States are increasingly refusing to access negotiations with emerging subjects regarding international law on the pretext they are opposed to civilization or that they cannot share their vision of “like-mindedness”. For that reason, a disparity or grey location now exists between states and also emerging subjects which is increasing every day.
This disparity may partly be explained by sovereignty which can be the jealously guarded claim by way of a state over its territory and also existence. Sovereignty, in its dynamics, is opposed to claims simply by insurgents or terrorists. Historically, insurgencies, rebellions and terrorist acts are already dealt with with an straightener fist by states. The veil of sovereignty continues to be pierced by international law mostly inside the backdrop of the collective will with the international community. For instance the UNSC official collective action against Iraq in 1990 when the sovereignty of Iraq was negotiated for the collective will of the global community.
However, sovereignty does not and will never constitute the biggest danger to international law. In the opinion with the authors, the gravest threats to modern day international law lie in (i) the non-recognition the context of “like-mindedness” as originally envisaged is at a gradual state of move, (ii) that growing subjects of international law have become a reality of the times where we live and, (iii) the opinion of states and emerging subjects that power could be the sole constitution of international legislation.
“Like-mindedness” explains the most essential percept with the earliest foundations of international legislation. “Like-mindedness” is conceptually grounded in the fact “peace and mutual co-existence” could be the right of every state on earth. States elevated themselves to a horizontal amount of the status of “equals”. In line with the understanding that “equals cannot become treated unequally”, states identified themselves as equals with regards to their legal rights and obligations towards the other person even if the political and economic influence which they held individually would change.
A potent manifestation of “like-mindedness” built in in traditional international law could be the United Nations (UN) developed in 1945. Its purposes integrated reaffirming the international rule regarding law, developing friendly relations between states and achieving international assistance in solving disputes between declares.
But the five decades of UN life and consequently the success of international legislation is viewed differently. Those who start to see the glass as half empty quote instances of the failure of the UN in providing treatment for the Israel-Palestine dispute, putting a conclusion to the Cold War, or perhaps in stopping the invasion regarding Iraq. Those who see the goblet as half-full paint a picture where a world without UN is demonstrated hostage to chaos, with war because the rule and peace the different. Both these views are tenable but don’t explain the reasons behind the particular inadequacy of international law in today’s times.
The “like-mindedness” which was any founding feature of international law as well as the UN has inevitably failed to grasp the reality posed by the particular emerging subjects of international legislation. In the past few decades, notably after the tragic activities of September 11, international law continues to be put to trial. The established principles of international law are already cast into doubt. It is increasingly being argued that they cannot apply to emerging subjects.
This is a fallacy to assume so due to the fact when law and material fact collide, it is law that have to accommodate. Insurgencies and terrorism certainly are a reality. Concerted international efforts must be made to find solutions by means of dialogue and debate. Account needs to be taken of the political milieu passing whereby emerging actors of international law have matured on the international level. Disputes between states and growing subjects of international law has to be addressed through a bi-lateral framework where they are treated as the “new equals” in a evolved paradigm of “like-mindedness”.
International law has to avoid the allegation that the constitution is grounded in strength. Sense of ownership over international law is essential to international dispute resolution. It really is one thing to despise terrorist works and quite another to exclude negotiations or dialogue with terrorists. The very first is a corollary of humanity. The next of common sense and intelligence. Allowing emerging subjects of international law to reap the benefits of international rights and guarantees would inculcate included a sense of responsibility toward international law.