[1] OF INTERNATIONAL LAW IN A GLOBALIZED WORLD

1 DR. BIRGIT LAUBACH and others, THE ROLE OF INTERNATIONAL
LAW IN A GLOBALIZED WORLD (Heinrich Böll Foundation 2004)
accessed 9 January 2018.

2 Ibid.

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3 Investopedia
Staff, ‘Globalization’ (Investopedia, 2018)
accessed 9
January 2018.

‘What Is Globalization? | Globalization101’ (Globalization101.org,
2018) accessed 9
January 2018.

4’What Is
Globalization? | Globalization101′ (Globalization101.org, 2018)
accessed 9
January 2018.

5 LAUBACH
and others (n1).

 

 

6 Benjamin
Sawe, ‘Group Of Seven (G7) Countries’ (WorldAtlas, 2017)

accessed 9 January 2018.

7 Ibid.

8Justin
Kuepper, ‘What Happens If China’s Economy Slows Down?’ (The Balance,
2017)

accessed 9 January 2018.

9 Ibid.

10 The
Atlantic and Alan Taylor, ‘On This Day 36 Years Ago: The Signing Of The
Egypt-Israel Peace Treaty – The Atlantic’ (Theatlantic.com, 2015)
accessed 9 January 2018.

11 Ann
Wright, ‘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.

12Malcolm
Shaw, ‘International Law’, ENCYCLOPÆDIA BRITANNICA (ENCYCLOPÆDIA
BRITANNICA).

13GLOBAL
PROBLEMS, GLOBAL SOLUTIONS: Towards Better Global Governance (World
Trade Organisations Publications 2009)

accessed 9 January 2018.

14 Ibid.

15Ibid.

16 Ibid.

17 Ibid.

18Professor
Christopher Greenwood, Sources Of International Law: An Introduction
(legalunorg 2008)
accessed 9 January 2018.

19 Ibid.

20 Ibid.

21 Ibid.

22 Ibid.

23 Chinkin
C, “Cultural Relativism and International Law,” Religious
Fundamentalisms and the Human Rights of Women
(Palgrave Macmillan)
accessed
January 12, 2018

 

24 Ibid

25 R.J.
Rummel, Understanding Conflict And War: Vol. 5: The Just Peace (5th edn,
CA: Sage Publications 1981).

26 Ibid.

27 Judge
Christopher Weeramantry and John Burroughs, International Law And Peace: A
Peace Lesson (2005)
accessed 9 January 2018.

28 Ibid.

29 Ibid.

30 Ibid.

31 Rummel
(n1)

32Celeste
Friend, ‘Social Contract Theory’, Internet Encyclopedia of Philosophy
(Internet Encyclopedia of Philosophy).

33 Ibid.

34 Ibid.

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

accessed 9 January 2018.

36 ‘International
Law And Justice’ (Un.org, 2018)

accessed 9 January 2018.

37 James
Ranney, ‘World Peace Through Law: Rethinking An Old Theory | Cadmus Journal’ (Cadmusjournal.org,
2012) accessed 9 January 2018.

38 Ranney (n
35)

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
accessed 9 January 2018.

41 Geoffrey
Goodwin, International Institutions and International Order, in Bases of
International Order, OUP p.161

42 Ben Aston,
Discuss The Claim That International Order Among States Can Be Maintained
Through International Organisations? International Theory (Benastoncom
2003)
accessed 9 January 2018.

43 ‘Law And
Order’
accessed 9 January 2018

44 Ibid.

45 Aston (n
30)

46 Jouannet
(n 33)

47 Aston (n
30)

48 Ibid.

49 Bull, H.,
The Anarchical Society, Basingstoke Macmillan, 1995, Part 1 p.24

50 Aston (n
30)

51 Ibid.

52 Ibid.

53 Dr. Walid
Abdulrahim, ’21. The Role Of The United Nations In Maintaining International
Peace And Security – Dr. Walid Abdulrahim Professor Of Law’ (Sites.google.com)

accessed 9 January 2018.

In conclusion, although international law in
our world today is not fully bred in that, a lot can be done to render it more
effective in its duty to maintain peace and order. However, without
organizations like the UN which represent international law, there will be no
friendly relations amongst states, no harmonization of state actions and no
international corporation of states which have in one way or another maintained
peace and order today as a result of the interdependent and interconnected
nature of current international affairs.53

From the introduction, the nature of today’s
world is such that the actions of one country affect the other in many ways
than one.40
However, in Hobbesian terms; “the closer people are together, the greater
contact and potential for friction or rivalry “41hence,
the need for order. Thus, in response to this, the strength and influence of
international organizations have increased drastically such that, they can
maintain order among the international society as a result of its proliferation
in relation to the increase in the need for order.42
The business dictionary defines a state with legal order as, a society where
majority of the population or citizens of the state respect the set of rules
set out by the authorities, and are hence guided by the system of rule of law
where even law enforcement agencies that is, the executive acknowledge
limitations placed on their powers.43
This basically implies that, order is an important element for the creation of
peace in today’s modern world because, when all organs of the state acknowledge
their respective duties on the international level and do not go beyond (ultra
vires) and over step their boundaries, peace and order is maintained.44
However, in order to suppress the constant urge for absolute liberty states and
humanity due to the dynamic, interrelated and interdependence nature of the
current world which may result in mayhem and lawlessness, there is the need for
there to be some sort of international body of rules and regulations to
maintain international order, this is where international law steps in.45
International law ensures that, countries respect their boundaries and
regulates how countries behave toward one another such that, countries follow
the right and civilized procedure when dealing with each other as a way of
preserving peace and order.46
According to English School theorist, in today’s society modern states have,
and continue to form an international society in which each state accepts
limited responsibility (social contract) towards the other and the society as a
whole hence, the existence and maintenance of international order.47
However, for one to fully understand and appreciate the role international law
plays in the maintenance of universal peace and order today, one must identify
the use of maintaining that said order.48
Bull gives his own definition of order as, “a pattern or disposition of
international activity that sustains those goals of the society of states that
are elementary, primary or universal”49,
and the main objective of the international society he talks about is to
promote and preserve this order.50
Bull further explains what he understands by order in people’s social life and
why people seek such order.51
Bull is of the belief that order reduces the unpredictability of life and
provides security, as the goal of international organizations both governmental
and non-governmental such as; the UN and International Committee of Red Cross
and Green Peace respectively, is to ensure that states are secure from
violence, agreements honored and possession secure.52
Thus, this essay is of view that, when one visualizes a world without
international law to govern the interactions between states, there is a high
possibility of miscommunications and chaos. As previously stated our current
world is ever evolving, dynamic, and universally interconnected. Hence, a state
cannot survive on its own without the help, be it minor or major, from other
states either through treaties or other means.

WHAT
IT MEANS TO HAVE ORDER TODAY AND THE ROLE INTERNATIONAL LAW PLAYS IN
MAINTAINING IT

The most popular definition of peace amongst
most scholars and students of international law and international relations is
that, peace is said to reign when there is no dissention, violence or war.25
However, placing this definition with regards to state affairs, peace can also
be defined as; “a state of law or civil government, a state of justice and
goodness, a balance or equilibrium of powers”.26
Principles pertaining international law are norms, morals and values which are
universally recognized making it easier to assimilate and adhered to.27
International law serves as an indispensable tool for the abolishment of war,
while simultaneously serving as a representation of the need for civilization
to progress into the system of rule of law rather than that of force.28
This is because previously, war has been a part of the human race.29
For over a thousand years, war seemed to be the best way to sort out
misunderstandings and cross cultural ignorance and the person to conquer
colonizes the other 30
From this it is quite evident that, the role international law plays in today’s
social contract (a representation of peace)31
is very crucial to the preservation of global peace. Social contract here
refers to the balancing of state powers, and individual interests in order to
promote a peaceful society.32
This theory is supported by legal philosophers such as Thomas Hobbes, John
Locke and Jean-Jacques Rousseau where, they all make mention of the state of
nature and the revolution of the world into civilization.33
The State of nature is an era in which things were less complex, and one had
complete liberty to do as they please without interferences, and are guided by
the law of nature which encourages them to defend themselves resulting in chaos
whiles the later, refers to the 
evolution of humanity into civilization (modern era), a world with a
greater populace, high competitive nature leading to contempt, greed, envy, and
industrialization leading to scientific discoveries such as; the creation of
dangerous chemicals, nuclear weapons etc.34
This is when international law comes into play, from the signings of treaties,
to customary international practices of State, international law not only
maintains the peaceful coexistence of states, but also protects individual
lives, and liberties, basically the welfare of states through organizations
such as the United Nations etc.35
Over the years, treaties, conventions and standards set by the United Nations
in particular have aided or served as guidelines for countries when dealing
with each other hence, the maintenance of peace in our society today.36
This however, does not go to say that international law today is flawless,
possible opposing arguments to this essay is that of the world federalist
argument, which is of the view that the strongest version of world peace is one
done through law, not just any law, but an effective and enforceable one,
created by a global legislature, and implemented by a universal court and
police unlike the current UN based laws deemed to be “international law”.37
This is to some extent true however, from this essay’s perspective,
international law is growing, and becoming broader yearly. More international
organizations are stepping on board (not only the UN), thereby giving it a
wider reach and making it effective. Take international trade for example,
where previously, GATT the now WTO which operated solely on unanimous a
decision currently, operates on sanctions based on their tribunal findings
without the unanimous votes blocking them.38
Similarly, the law of the Sea which governs conflicting power based claims in
all issues pertaining the use of the sea, and its resources, from the
definition of territorial waters to navigational rights, although, the Law of
the Sea Convention was a result of a number of UN sponsored conferences as a
result of the role the UN plays in aiding international law, the UN plays no
role in its operation and is free from the P-5 veto in the Security council
thereby making it effective.39

WHAT
TODAY’S DEFINITION OF WORLD PEACE ENTAILS AND THE ROLE INTERNATIONAL LAW PLAYS
IN MAINTAINING IT

From the above text it is evident that,
International law is disseminated in a way that incorporates various cultures
and values of all States, be it through treaties, general principles, and
writings of highly recognized publicists.22
Example, over 160 and 191 states are represented in the 1979 UN Convention on
the elimination of all forms of discrimination against women and the 1989 UN
convention on Child Rights respectively.23
All these were to ensure that, various aspects of international affairs that
require legislation to enable peace and order reign are covered, and the
problem of socio-cultural relativism is solved. As some arguments against the
universal implementation of international law are based on critics that they
are substantially westernized.24

“Treaties between States, customary
international law derived from State practices, General principles of law
recognized by civilized nations and subsidiary means for the determination of
rules of international law, and judicial decisions and the writings of the most
highly qualified publicists”21

International law is defined as, a set of
rules governing the interaction and transactions not only among countries but
their agents in international politics.12
Generally, 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 human
rights etc.13
These cannot be sorted within territorial waters and political boundaries this
is when international law steps into play.14
International law ensures that, States maintain regular interaction and
communication required amongst them to create and promote a peaceful relationship.15  This is because, in the modern world, states
cannot live an isolated life due to the nature of modern international affairs.16
Rather, the more civilized a country is in its dealings with other States, the
more likely it is to be successful as it shall receive a greater amount of request
to engage in commercial, or other intercourse with other countries.17
International law unlike domestic law, has no parliament or anything that
qualifies to be a fixed legislation, executive or judiciary.18
Although there is the International court of justice, and other forms of
special international courts and tribunals developed to preside over state
affairs, this is dependent solely on the consent of the said states and as
such, these courts lack what can be described as compulsory jurisdiction which
States have at the national level.19 Consequently,
international law is formed on a regionalized platform with 192 state actions
that are deemed as the international community to enable it to be effective.20
Since international law is not in a codified form as a result of its
decentralized nature, some sources of international law identified by the
Statute of the International Court of Justice include;

WHAT
IS INTERNATIONAL LAW

Following fall of the last European empire
(1989-91) and the elimination of political hindrances, a truly globalized world
of states exist today.1
Consequently, there is an expansion in the world market and global economy due
to technological advancement and scientific discovery.2
Globalization here, refers to a gradual process where, there is an
international need to expand business transactions on a global scale as a
result of global interactions.3
Globalization creates a larger market for business transactions as well as,
granting various organizations a much higher competitive spot with a lower
operational charge leading to an increase in products and services.4 In
today’s world, globalization seems to be the order of the day thus,
International law and its agent, the United Nations provide the International
Community today with a platform to create a mutual policy which flows from
common universal values and norms.5 As
a result, what takes place in one part of the world have a direct or indirect
effect on another country. For instance countries like; Canada, France,
Germany, Italy, The United States of America, The United Kingdom, and Japan
which form the Group of Seven (G7) are known as the world’s most industrialized
countries because, they possess approximately 64% of the world’s wealth, 46% of
the world’s Gross Domestic Product (GDP) and have a very high Human Development
Index.6
Consequently, difficulty in any of these countries may lead to a global
meltdown.7
Again, a country like China which is known to be the fastest growing economy in
the world with an average growth of 10% over the past 30 years, can be seen as
a major player in the international affairs such that, a slowdown in their
economy will impact various aspects of the world in different ways.8
Take countries like Australia, Canada, Brazil, and Indonesia which depend on
China’s commodity export such that, a slowdown could potentially cause a
negative impact to their GDP as demand will decrease.9 All
these truly depicts the interdependent and interconnected nature of today’s
world. An example the role international law plays in current affairs is
evident in a historical peace treaty signed 36 years ago between Egypt and
Israel which still holds today.10
To the extent that currently, there is a popular demand by negotiations experts
for the United States to sign a peace treaty with North Korea to calm tensions
between the two countries as North Korea is of the view that, their nuclear
weapons program is keeping them from being listed in US bad books.11
Evidently, from the above observations this essay takes the view that,
international law is indeed relevant in the maintenance of world peace and
order today, as the world today seems to be evolving and somewhat interrelated
and interdependent. This will be further explained below.

THE
MODERN WORLD TODAY