[1] OF INTERNATIONAL LAW IN A GLOBALIZED WORLD

1 DR. BIRGIT LAUBACH and others, THE ROLE OF INTERNATIONALLAW IN A GLOBALIZED WORLD (Heinrich Böll Foundation 2004)

pdf>accessed 9 January 2018.2 Ibid.3 InvestopediaStaff, ‘Globalization’ (Investopedia, 2018)

com/terms/g/globalization.asp> accessed 9January 2018.’What Is Globalization? | Globalization101′ (Globalization101.org,2018) accessed 9January 2018.

4’What IsGlobalization? | Globalization101′ (Globalization101.org, 2018)

org/what-is-globalization/> accessed 9January 2018.5 LAUBACHand others (n1).  6 BenjaminSawe, ‘Group Of Seven (G7) Countries’ (WorldAtlas, 2017)accessed 9 January 2018.7 Ibid.

8JustinKuepper, ‘What Happens If China’s Economy Slows Down?’ (The Balance,2017)accessed 9 January 2018.9 Ibid.10 TheAtlantic and Alan Taylor, ‘On This Day 36 Years Ago: The Signing Of TheEgypt-Israel Peace Treaty – The Atlantic’ (Theatlantic.com, 2015) accessed 9 January 2018.

11 AnnWright, ‘It’S Time For The U.S. To Negotiate A Peace Treaty With North Korea |NK News – North Korea News’ (NK News – North Korea News, 2017)accessed 9 January 2018.12MalcolmShaw, ‘International Law’, ENCYCLOPÆDIA BRITANNICA (ENCYCLOPÆDIABRITANNICA).13GLOBALPROBLEMS, GLOBAL SOLUTIONS: Towards Better Global Governance (WorldTrade Organisations Publications 2009)

wto.org/english/res_e/booksp_e/public_forum09_e.pdf>accessed 9 January 2018.14 Ibid.

15Ibid.16 Ibid.17 Ibid.18ProfessorChristopher Greenwood, Sources Of International Law: An Introduction(legalunorg 2008)

un.org/avl/pdf/ls/greenwood_outline.pdf>accessed 9 January 2018.

19 Ibid.20 Ibid.21 Ibid.

22 Ibid.23 ChinkinC, “Cultural Relativism and International Law,” ReligiousFundamentalisms and the Human Rights of Women(Palgrave Macmillan) accessedJanuary 12, 2018  24 Ibid25 R.J.Rummel, Understanding Conflict And War: Vol.

5: The Just Peace (5th edn,CA: Sage Publications 1981).26 Ibid.27 JudgeChristopher Weeramantry and John Burroughs, International Law And Peace: APeace Lesson (2005) accessed 9 January 2018.28 Ibid.

29 Ibid.30 Ibid.31 Rummel(n1)32CelesteFriend, ‘Social Contract Theory’, Internet Encyclopedia of Philosophy(Internet Encyclopedia of Philosophy).33 Ibid.34 Ibid.

35EmmanuelleJouannet, ‘What Is The Use Of International Law? International Law As A 21StCentury Guardian Of Welfare’ (2007) 28 Michigan Journal of International Law

gh/&httpsredir=1&article=1164&context=mjil>accessed 9 January 2018.36 ‘InternationalLaw And Justice’ (Un.org, 2018)

un.org/en/sections/issues-depth/international-law-and-justice/index.html>accessed 9 January 2018.37 JamesRanney, ‘World Peace Through Law: Rethinking An Old Theory | Cadmus Journal’ (Cadmusjournal.

org,2012) accessed 9 January 2018.38 Ranney (n35)39 Ibid.40 Robert E.Bingham, ‘World Peace Through World Law By Grenville Clark And Louis B.

Sohn'(1959) 10 Case Western Reserve Law Journal

google.com.gh/&httpsredir=1&article=3767&context=caselrev>accessed 9 January 2018.41 GeoffreyGoodwin, International Institutions and International Order, in Bases ofInternational Order, OUP p.16142 Ben Aston,Discuss The Claim That International Order Among States Can Be MaintainedThrough International Organisations? International Theory (Benastoncom2003) accessed 9 January 2018.

43 ‘Law AndOrder’ accessed 9 January 201844 Ibid.45 Aston (n30)46 Jouannet(n 33)47 Aston (n30)48 Ibid.49 Bull, H.,The Anarchical Society, Basingstoke Macmillan, 1995, Part 1 p.

2450 Aston (n30)51 Ibid.52 Ibid.53 Dr. WalidAbdulrahim, ’21. The Role Of The United Nations In Maintaining InternationalPeace And Security – Dr. Walid Abdulrahim Professor Of Law’ (Sites.google.

com)accessed 9 January 2018.In conclusion, although international law inour world today is not fully bred in that, a lot can be done to render it moreeffective in its duty to maintain peace and order. However, withoutorganizations like the UN which represent international law, there will be nofriendly relations amongst states, no harmonization of state actions and nointernational corporation of states which have in one way or another maintainedpeace and order today as a result of the interdependent and interconnectednature of current international affairs.53From the introduction, the nature of today’sworld is such that the actions of one country affect the other in many waysthan one.40However, in Hobbesian terms; “the closer people are together, the greatercontact and potential for friction or rivalry “41hence,the need for order. Thus, in response to this, the strength and influence ofinternational organizations have increased drastically such that, they canmaintain order among the international society as a result of its proliferationin relation to the increase in the need for order.

42The business dictionary defines a state with legal order as, a society wheremajority of the population or citizens of the state respect the set of rulesset out by the authorities, and are hence guided by the system of rule of lawwhere even law enforcement agencies that is, the executive acknowledgelimitations placed on their powers.43This basically implies that, order is an important element for the creation ofpeace in today’s modern world because, when all organs of the state acknowledgetheir respective duties on the international level and do not go beyond (ultravires) and over step their boundaries, peace and order is maintained.44However, in order to suppress the constant urge for absolute liberty states andhumanity due to the dynamic, interrelated and interdependence nature of thecurrent world which may result in mayhem and lawlessness, there is the need forthere to be some sort of international body of rules and regulations tomaintain international order, this is where international law steps in.45International law ensures that, countries respect their boundaries andregulates how countries behave toward one another such that, countries followthe right and civilized procedure when dealing with each other as a way ofpreserving peace and order.46According to English School theorist, in today’s society modern states have,and continue to form an international society in which each state acceptslimited responsibility (social contract) towards the other and the society as awhole hence, the existence and maintenance of international order.47However, for one to fully understand and appreciate the role international lawplays in the maintenance of universal peace and order today, one must identifythe use of maintaining that said order.48Bull gives his own definition of order as, “a pattern or disposition ofinternational activity that sustains those goals of the society of states thatare elementary, primary or universal”49,and the main objective of the international society he talks about is topromote and preserve this order.

50Bull further explains what he understands by order in people’s social life andwhy people seek such order.51Bull is of the belief that order reduces the unpredictability of life andprovides security, as the goal of international organizations both governmentaland non-governmental such as; the UN and International Committee of Red Crossand Green Peace respectively, is to ensure that states are secure fromviolence, agreements honored and possession secure.52Thus, this essay is of view that, when one visualizes a world withoutinternational law to govern the interactions between states, there is a highpossibility of miscommunications and chaos. As previously stated our currentworld is ever evolving, dynamic, and universally interconnected. Hence, a statecannot survive on its own without the help, be it minor or major, from otherstates either through treaties or other means.WHATIT MEANS TO HAVE ORDER TODAY AND THE ROLE INTERNATIONAL LAW PLAYS INMAINTAINING ITThe most popular definition of peace amongstmost scholars and students of international law and international relations isthat, peace is said to reign when there is no dissention, violence or war.25However, placing this definition with regards to state affairs, peace can alsobe defined as; “a state of law or civil government, a state of justice andgoodness, a balance or equilibrium of powers”.26Principles pertaining international law are norms, morals and values which areuniversally recognized making it easier to assimilate and adhered to.

27International law serves as an indispensable tool for the abolishment of war,while simultaneously serving as a representation of the need for civilizationto progress into the system of rule of law rather than that of force.28This is because previously, war has been a part of the human race.29For over a thousand years, war seemed to be the best way to sort outmisunderstandings and cross cultural ignorance and the person to conquercolonizes the other 30From this it is quite evident that, the role international law plays in today’ssocial contract (a representation of peace)31is very crucial to the preservation of global peace. Social contract hererefers to the balancing of state powers, and individual interests in order topromote a peaceful society.32This theory is supported by legal philosophers such as Thomas Hobbes, JohnLocke and Jean-Jacques Rousseau where, they all make mention of the state ofnature and the revolution of the world into civilization.33The State of nature is an era in which things were less complex, and one hadcomplete liberty to do as they please without interferences, and are guided bythe law of nature which encourages them to defend themselves resulting in chaoswhiles the later, refers to the evolution of humanity into civilization (modern era), a world with agreater populace, high competitive nature leading to contempt, greed, envy, andindustrialization leading to scientific discoveries such as; the creation ofdangerous chemicals, nuclear weapons etc.

34This is when international law comes into play, from the signings of treaties,to customary international practices of State, international law not onlymaintains the peaceful coexistence of states, but also protects individuallives, and liberties, basically the welfare of states through organizationssuch as the United Nations etc.35Over the years, treaties, conventions and standards set by the United Nationsin particular have aided or served as guidelines for countries when dealingwith each other hence, the maintenance of peace in our society today.36This however, does not go to say that international law today is flawless,possible opposing arguments to this essay is that of the world federalistargument, which is of the view that the strongest version of world peace is onedone through law, not just any law, but an effective and enforceable one,created by a global legislature, and implemented by a universal court andpolice unlike the current UN based laws deemed to be “international law”.37This is to some extent true however, from this essay’s perspective,international law is growing, and becoming broader yearly.

More internationalorganizations are stepping on board (not only the UN), thereby giving it awider reach and making it effective. Take international trade for example,where previously, GATT the now WTO which operated solely on unanimous adecision currently, operates on sanctions based on their tribunal findingswithout the unanimous votes blocking them.38Similarly, the law of the Sea which governs conflicting power based claims inall issues pertaining the use of the sea, and its resources, from thedefinition of territorial waters to navigational rights, although, the Law ofthe Sea Convention was a result of a number of UN sponsored conferences as aresult of the role the UN plays in aiding international law, the UN plays norole in its operation and is free from the P-5 veto in the Security councilthereby making it effective.

39WHATTODAY’S DEFINITION OF WORLD PEACE ENTAILS AND THE ROLE INTERNATIONAL LAW PLAYSIN MAINTAINING ITFrom the above text it is evident that,International law is disseminated in a way that incorporates various culturesand values of all States, be it through treaties, general principles, andwritings of highly recognized publicists.22Example, over 160 and 191 states are represented in the 1979 UN Convention onthe elimination of all forms of discrimination against women and the 1989 UNconvention on Child Rights respectively.23All these were to ensure that, various aspects of international affairs thatrequire legislation to enable peace and order reign are covered, and theproblem of socio-cultural relativism is solved. As some arguments against theuniversal implementation of international law are based on critics that theyare substantially westernized.24″Treaties between States, customaryinternational law derived from State practices, General principles of lawrecognized by civilized nations and subsidiary means for the determination ofrules of international law, and judicial decisions and the writings of the mosthighly qualified publicists”21International law is defined as, a set ofrules governing the interaction and transactions not only among countries buttheir agents in international politics.

12Generally, there are issues of global focus such as; the maintenance of peace,the security of sovereign states, terrorism, environmental degradation,international trade and commerce, and the protection and promotion of humanrights etc.13These cannot be sorted within territorial waters and political boundaries thisis when international law steps into play.14International law ensures that, States maintain regular interaction andcommunication required amongst them to create and promote a peaceful relationship.15  This is because, in the modern world, statescannot live an isolated life due to the nature of modern international affairs.16Rather, the more civilized a country is in its dealings with other States, themore likely it is to be successful as it shall receive a greater amount of requestto engage in commercial, or other intercourse with other countries.

17International law unlike domestic law, has no parliament or anything thatqualifies to be a fixed legislation, executive or judiciary.18Although there is the International court of justice, and other forms ofspecial international courts and tribunals developed to preside over stateaffairs, this is dependent solely on the consent of the said states and assuch, these courts lack what can be described as compulsory jurisdiction whichStates have at the national level.19 Consequently,international law is formed on a regionalized platform with 192 state actionsthat are deemed as the international community to enable it to be effective.20Since international law is not in a codified form as a result of itsdecentralized nature, some sources of international law identified by theStatute of the International Court of Justice include; WHATIS INTERNATIONAL LAWFollowing fall of the last European empire(1989-91) and the elimination of political hindrances, a truly globalized worldof states exist today.1Consequently, there is an expansion in the world market and global economy dueto technological advancement and scientific discovery.

2Globalization here, refers to a gradual process where, there is aninternational need to expand business transactions on a global scale as aresult of global interactions.3Globalization creates a larger market for business transactions as well as,granting various organizations a much higher competitive spot with a loweroperational charge leading to an increase in products and services.4 Intoday’s world, globalization seems to be the order of the day thus,International law and its agent, the United Nations provide the InternationalCommunity today with a platform to create a mutual policy which flows fromcommon universal values and norms.

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5 Asa result, what takes place in one part of the world have a direct or indirecteffect on another country. For instance countries like; Canada, France,Germany, Italy, The United States of America, The United Kingdom, and Japanwhich form the Group of Seven (G7) are known as the world’s most industrializedcountries because, they possess approximately 64% of the world’s wealth, 46% ofthe world’s Gross Domestic Product (GDP) and have a very high Human DevelopmentIndex.6Consequently, difficulty in any of these countries may lead to a globalmeltdown.7Again, a country like China which is known to be the fastest growing economy inthe world with an average growth of 10% over the past 30 years, can be seen asa major player in the international affairs such that, a slowdown in theireconomy will impact various aspects of the world in different ways.8Take countries like Australia, Canada, Brazil, and Indonesia which depend onChina’s commodity export such that, a slowdown could potentially cause anegative impact to their GDP as demand will decrease.

9 Allthese truly depicts the interdependent and interconnected nature of today’sworld. An example the role international law plays in current affairs isevident in a historical peace treaty signed 36 years ago between Egypt andIsrael which still holds today.10To the extent that currently, there is a popular demand by negotiations expertsfor the United States to sign a peace treaty with North Korea to calm tensionsbetween the two countries as North Korea is of the view that, their nuclearweapons program is keeping them from being listed in US bad books.11Evidently, from the above observations this essay takes the view that,international law is indeed relevant in the maintenance of world peace andorder today, as the world today seems to be evolving and somewhat interrelatedand interdependent. This will be further explained below.THEMODERN WORLD TODAY