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David Held – The Changing Structure of International law: So
Transcript of David Held – The Changing Structure of International law: So
“A person, or political body, established as sovereign rightly exercises the “supreme command” over a particular society.”
4 important corollaries of development:
I. Without regard to whether or not heads of state were entitled by specific national legal arrangements to commit the state to particular treaty rights and duties
II. interstate law was indifferent to the form of national political organization
III. Creation of a disjuncture between the organization principles of national and international affairs
IV. Delegitimation of all those groups and nonstate actors who sought to contest the territorial boundaries (paradoxical consequences)
Liberal International Sovereignty
- Classic regime broke up after successive waves of democratization
- Effect on interstate system (Bull 1977)
- New model of international regulation became clear after second world war
Rules of warfare and weaponry
"There is no final and absolute authority above and beyond the sovereign state. States are independent but operate in a framework where political societies possess in relationship to one another.
- Sovereign states system evolved in the 17th century (Bull 1977) and rules were established.
- “Society” of states was established first in Europe (Westphalian regime)
- Formed until the 18th and 19th century when territorial sovereignty, non-intervention in the domestic affairs became the core principles of intern.
War crimes and role of the individual
Achievements of liberal Sovereignty
An assessment of
Changing Processes and structures
1. Before it was an unrestrained effective power; now democratic standards and human rights values prevail.
2. Today, the legitimacy of the state leadership can’t be taken for granted and is subject of test.
3. Boundaries between states are no longer significant in legal and moral aspect. Sovereignty is an indivisible, limitless, exclusive and permanent form of public power. International rules delimit the power of state.
-First convention was signed in 1946
“Common heritage of mankind” exclusion of the right of appropriate,
In 1980 and 1990 were signed conventions for
combat environmental dangers- regional cooperation and regulation
Rio Declaration "The new global participation) 1992
Principle 7 (ecosystem conservation )
Principle 12 (environmental measures global environmental problems)
Institutions and conventions
Participation to minorities
Rwanda - genocide
-National leaders will not absolve the individual guilty
International law- Protects Humanitarian values
Cannot relieve themselves of criminal responsible by superior orders
Modern international law - position taken by the tribunal and has affirmed its rejection of the defense to superior orders
The major multilateral convention governing war date back to the Declaration of Paris in 1856.
The conventions of Geneva created regulations for acceptable practices, treatment for the wounded in the field and the rights and duties of the parties that formed the conflict
Sovereignity (relation between military and the state)
Convention of weapons (use of different types of weapons during conflicts)
As a result, arms control and regulation have become a permanent feature of international politics
“The political and legal transformations of the last ﬁfty years have gone toward delimiting political power on a regional and global basis”.
First, the legal and political changes are not experienced uniformly by all states and regions.
Second, the political arrogance has been reinforced by the claim of the political elites to derive their support from that most virtuous source of power.
Third, the problem of spillover consequences is compounded by a world increasingly marked by “overlapping communities of fate”.
Fourth, The existing intergovernmental organizations are insufﬁcient to resolve (and resolve legitimately) many pressing policy issues.
Fifth, there is an accelerating gap between rich and poor states as well as between peoples in the global economy.
“The focus of the liberal international order is on the curtailment of the abuse of political power, not economic power”.
The refusal to serve in nation armies triggers acclaimed to a higher moral court of right and duties