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National v International Law

National v International Law. Management above the level of sovereignty. And does international law really exist anyway?. The Law. It is one of the great expressions of sovereignty It expresses the power and authority of the state against “anti-social” behavior

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National v International Law

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  1. National v International Law Management above the level of sovereignty And does international law really exist anyway?

  2. The Law • It is one of the great expressions of sovereignty • It expresses the power and authority of the state against “anti-social” behavior • Law embodies the values of the people of that country that, in turn, determine what is right and wrong. • We have tried to establish certain “Basic Human Rights” Are there Universal Truths?

  3. 2nd Generation Problems How do you manage This? • We spent much of the 20th century dealing with national (1st-generation) problems. • For example, cleaning up the US environment. • This is the easy part because it all fits within the framework of sovereignty and national law. • Now, however, we face increasingly global problems, and how do we deal with those?

  4. The Law • Is there any reason that everyone in the world should recognize that something is undeniably right ? Are these things not culturally and historically derived? • This problem arises with the concepts with “Humanism” and “Democracy.” • Law derives from underlying fundamental values, and where do these come from?

  5. The Law is Binding Your name here • Everyone is a citizen of someplace, and they are bound by the laws of their country, or whatever country they are in at the time—you don’t question the legitimacy of the law. • So, if you commit a crime against the laws of a country, you may fairly expect to be punished for that act. The state has real enforceable sanctions

  6. So this is how it is. • In brief, the law represents the rules of that society (state) and sanctions are reserved for those who willfully disregard that law. We all understand that. • The laws are made by the people of that country and so, in theory, express the values of that society. The peoples’ representatives are called Legislators

  7. ? What Happens Above This Level? • We are all bound by the laws of our country or the country we are in. • But above that, the players are not individuals, but States. • There is, for instance, no World Government—so there is no body with the power of sanction above the state. • The European Union is, as usual, an indefinable exception ?

  8. The Buck Stops…where? The Actors • There is no institution, if you are a US citizen, above the level of the Federal Government and the Supreme Court that has any real jurisdiction over you. • States, however, can agree to be bound by the terms of a Treaty or Protocol—but, notice, they agree. • Who will enforce it if they disregard the agreement later?

  9. Remember • The great German Chancellor, Prince Bismarck said: “A Treaty is just a scrap of paper.” Germany disregarded all its international obligations when it invaded Belgium.

  10. Treaties (Instruments) • A state does not give up any sovereignty in signing a Treaty. It lends its name to an agreed course of action. • The big difference then, is not just the players, but the sanctions—or lack of. • How do you arrest a state and send it to jail? Is Iraq that? • The US relies a lot on sanctions, but are they effective?

  11. Are There Institutions? How accountable Are these global (UN) Organizations? • Yes, we have the International Court of Justice in the Hague. • However, the US wanted nothing the do with the International Criminal Court. Why? • Because it is taking international law to the level, not of the state, but of the individual, which would be threatening the Constitutional rights of an American How much power Do they wield?

  12. So, why is this Important? • It’s what Prof. Lynton Caldwell called “The Second Generation of Problems.” We dealt with the first generation using the institutions of the nation state. Now, they do not suffice to tackle “Second-Generation Problems” • Which are? • Globalization: Financial Crime, Terrorism, AIDS, Traffic in Women and Children, Climate Change • The rise of the Multi-National Corporation

  13. Walmart is bigger than…

  14. Implications • The state is going to be really hard-pressed to tackle Global problems, even collectively, without some agreed rules and sanctions. • But, we are caught in the middle of an historical trap. To have effective international law, we need to yield some degree of sovereignty. • It’s the EU on a global scale

  15. A Good Example • Should you regulate, for instance, the WWW? The ultimate symbol of the anarchy of Globalization? • How do you shelter your children from something that can originate anywhere? • And yet the anarchy of the web is seen by many as the purest expression of democracy

  16. New Challenges • US Unilateralism is seen as a challenge to Multilateralism, or collective action. • The NATO bombing of Kosovo was seen by many as totally contrary to international law, as is the invasion of Iraq

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