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- LAW: an Overview
-
- Human nature consists of three basic components. These are to
- live, to propagate and to dominate. If Humanity was left without any
- other parameters, this natural state of existence would govern its
- behavior. Fortunately, there are parameters that exist. These
- parameters are law. The topic of this paper addresses the type of law
- that operates in creating potential boundaries for the behavior of
- states. This law is called the Law of Nations or international law.
- Patrick Moynihan, a senator from New York, has written a book on this
- subject called On the Law of Nations. His book argues that states need
- international law to monitor their actions and to maintain order. He
- also notes the frequent departures states do from international law.
- This essay will reflect his plea to return to the norms that
- international law provides; it will also discuss and identify the moral
- dilemmas that are present with international law and its relationship
- with states.
- The term "laisser aller" or "letting go" is used by Friedrich
- Nietzsche to describe this state of nature, in which man resides
- absently of law. His use of the term represents the struggle morality
- wages against nature and reason. He equates morality in any form, with
- "tyranny and unreason." Nietzsche proposes that man's natural existence
- be, in essence, nihilistic. Logically, the political entity known as
- the state, created by man will inherit these traits. Thus, the
- conclusion is that the creation and institution of international law are
- in direct violation to nature.
- However, international law exists and states "generally" submit
- themselves to it. . Since most of this law is derived from codified
- norms of states, the term submission can be used. There is a disservice
- committed to humanity when the law is broken, not just to those who are
- weaker in the global community but to the law itself. A violent raping
- of the law is committed when it is taken in an a la carte form. The
- constant shifting back and forth from international law to nature
- creates an incoherent system and a basis for calling the reversion to
- the natural state, evil. In this setting "illegal" unilateral action is
- immoral. Conversely, the adherence to the law is equally immoral. This
- conclusion is drawn from the virtue of integrity. Either have a
- commitment to comply with morality or completely abstain from a
- hypocritical form of servicing the law with words and no conformity.
- Consistency, is an extremely important factor of a system of law.
- Moynihan argues that the United State has begun to traverse a
- path leading away from its adherence to international law. "There is
- clear evidence that the United States is moving away from its long
- established concern for and advocacy of international legal norms of
- state behavior." The implication of the United States' departure is
- extremely troubling. The decline of universalism in world politics can
- be seen through the example of the United States. Moynihan has no
- trouble in finding examples in recent history to support his argument.
- During the Bush Administration two examples are cited of
- unilateral action condoned by the United States, which are violations of
- international law. The first is the precedent allowing the Federal
- Bureau of Investigation apprehend fugitives of United States law
- anywhere around the world. This violates the principles of sovereignty
- and jurisdiction. The second example is the United States' raid on the
- home of the Nicaraguan embassador in Panama. This clearly violates the
- idea of extraterritorality. These actions are interpreted to be in
- violation to the very law that the United States constitution promises
- to up hold. Because of these actions and many others that are
- frequently taking place all around the globe, an underlying disregard
- for law in the international community exists. One could conclude that
- there is no real international law but international suggestion.
- The moral dilemma does not exist in an isolated location, such
- as the United States. This is a wide spread enigma that confronts
- political thinkers of today. The existence of an operational universal
- system in a predominated arena of nationalism is nearly impossible. The
- two systems have been shifting since the Treaty of Westphalia, according
- to Hans Morganthau. He argues that nations are now "the
- standard-bearers of ethical systems, each of them of national origin and
- each of them claiming and aspiring to provide a supranational framework
- moral standards . . . " This powerful argument proposes that the
- framework has changed. There has been a shift from that common ground
- to something self-interested. The reason for the shift is nationalism.
- Each state maintains that they have the moral system which should be
- universally accepted; thus, only satisfying that part of the
- international law that is right for them. This gives us international
- law a la carte and consequently, not a viable system at all.
- International law exists as hybrid system of law.
- Unfortunately, consistency is a problem. If this was the case in law
- on a domestic level there are concessions for enforcement. The
- international community has no such institution nor stipulation for
- uniform compliance to its law. This creates a dilemma, how can a
- grouping of people whose nature is self-interested behave morally
- without encouragement from a compulsory mechanism?
- This essay reflects the ideas argued by Patrick Moynihan in the
- book, On the Law of Nations. Furthermore, it argues the notion of
- morality in the international community, that either there is complete
- surrender to its principles or total abstinence in participation.
- Perhaps one day a solution will arise to successfully solve the dilemmas
- the world faces in obtaining a world of order. A world where the law is
- not based on mere custom but a legislature empowered to create laws that
- are binding to all states. Having a system that allows for enforcement
- and interpretation of the law will benefit the now chaotic world that
- hangs on the thread of sanity over the abyss of annihilation.
-