Birth of Thought: International Law - Essay Example

INTERNATIONAL LAW The focal point of this paper is to evaluate and analyse the ment that “International law is merely an instrument of state interests. It does not compel. It applies only as far as the governments of powerful state decide that it should.” The entire discussion would be made in the lights of two different areas of international law, such as international environmental law and climate change and the aspects in the international law context of human rights. System of explicit and implicit agreements that is instrumented among States and nations is commonly referred to as international law. It recognises and implements standards and values and the chief concern in this case is not an individual citizen but a nation. The main aspect of international law is based upon the fundamentals of Geneva conventions, international criminal law, maritime law and United Nations. (Shaw, 2003) However, it would not be justified to state that the international law as a tool in the hands of a powerful nation. It is true, that on specific grounds this law has been utilized for the advantage of a powerful nation but in general sense this law is justified and beneficial for all. For example, in the context of trade, the international maritime law is a very beneficial law that is used in the benefit of all users. When dealing with international trade the appendix of exchange by sea cannot be overlooked at any consequences. Thus again, we come up to the most important factor of sea trades. It is the law or rules that govern the activity of this trade (Able, 2001). From the parameters of international environmental law and climate change, however, international law has failed to keep its promise of a true and trustworthy establishment. One of the basic causes of climate change is the emission of carbon dioxide in the atmosphere. Carbon dioxide is a heat trapper, which means it fails to release the Sun’s heat causing it to build up a layer over the Earth slowly sapping out all life giving energy. Studies show that at current rates of release, of carbon dioxide, the Earth may well be facing temperature of between 3 to 9 degrees eventually. At this rate, widespread and erratic climate change will result. Coal based power plants are the leading cause of warming, producing up 2.5 billion tons of Carbon dioxide. Automobile emissions contribute a total of almost 1.5 billion tons of CO2 every year. The impact of global warming is world wide – In 2003, more than 1500 people died due to extreme heat wave conditions and in the same time, more than 20000 deaths were caused in Europe alone. Here is something to make the light show red – the area of the Arctic Polar Ice Cap which is snow bound is being reduced by 9 percent every 10 years or so! (Kar, 2007) The planet ever more is met head on by troubles that cannot be resolved by individual nations or states fighting unaccompanied. Instances comprise cross boundary air and water pollutions, excessive fishing of the oceans and several other dreadful conditions of the natural environment, directives of outer space, global warming, worldwide terrorist networks, comprehensive trade and finance, and many more. Explanation to these nuisances requires new outlines of collaboration and the formation of innovative global organizations. The Global scenario group, an ecological research and anticipating institution, analyses globalization as fraction of the budge to a Planetary chapter of Civilization, identified by global social associations, economies, and infrastructures. The Global scenario group also mentions that the future temperament of this global society is undecided and full of challenges. However, in a worst-case scenario, experts have projected that global warming will make vast expanses of land unfit to live on. This will lead to massive depletion of land and water resources, which, in turn, will spark off wars and conflicts. This could be an extreme scenario but it is true that we all now feel or witness the effects of global warming in some way or the other. In 2002, large parts of the USA saw some of the worst wild fires. Tropical storms increasingly grow more vicious and scientists are aghast at the power. The United States which has only 4 % of the world’s pollution , contributes to the global warming kitty to the tune of approximately 25 % through carbon dioxide emission – even China , India and Japan together don’t match up to this level of pollution !. (King, 2005) Nevertheless, as in the case of European Union, the International law has little to offer protection from carbon dioxide emission of the US. In this context it can clearly be seen that the statement “International law is merely an instrument of state interests. It does not compel. It applies only as far as the governments of powerful state decide that it should.” However, from the point of view of human rights the international law has proved to be a very beneficial establishment. The Nuremberg trials are the prime example of the international law acting as a defender of human rights. The Nuremberg trials quite literally paved the path for what is today called international criminal law. These set of trials conducted in order to take legal action against some of the most well known leaders of the devastating Nazi regime. The Nuremberg trials came about as an attempt at ‘total denazifiation’ of Germany, a constant and nagging demand of the US of A. The plans of denazification included Henry Morgenthau Jr.’s design to forcefully de-industrialize and devastate Germany (in much the same way Germany herself had planned to devastate Eastern Europe). (Roberts, 2005) To his delight, both the Roosevelt and Churchill promptly accepted his plans and even tried to pass it in the Quebec conference (September 1944). Despite USA and Britain’s enthusiasm about the proposal, however Soviet Union refused to be party to it and instead counter proposed a judicial process to deal with the situation. As word got around about the Morgenthau Plan the public all over the world protested to it vehemently and USA was forced to abandon the project. (Sen, 2001) Once the Morgenthau plan lost favor the idea next in line i.e. the “Trial of European War Criminals” found much support. This plan devised by Secretary of War Henry L. Stimson and the department of war was put into process shortly after the death of President Roosevelt and the trials were soon scheduled for the month of November. The method and format of punishment for the Second World War criminals were decided upon by the US of A, Britain and Soviet Union, who were now the undisputable world powers. The legal basis for the court proceedings was provided by the London Charter. Two hundred different defendants were tried in the course of the Nuremberg trials. One thousand six hundred more were tried by means of the more usual methods of military justice. (Mukherjee, 2004) The Nuremberg trials have greatly influenced the development of the international criminal law. The International Law Commission created Principles of International Law Recognized in the Charter of the Nürnberg Tribunal and in the Judgement of the Tribunal in 1950 as per the directions of the United Nations. The much-debated proposal for the permanent international court of law is also based upon the model provided by the Nuremberg trial. Perhaps the primary reason why some object to the use of the Nuremberg trial model today is simply because the sort of juridical power they expect such a court of law to leave in the hands of world superpowers such as the US of A who themselves perform a number of war crimes and are therefore considered unlikely to be impartial under all circumstances. (Podolski, 2006) The international war crime tribunals are created specifically for the purpose of trying people or persons accused of having performed or been party to war crimes. Tribunals permit war criminals engaged in a variety of heinous crimes ranging from rape to torture and mass murder to provide an explanation for their actions to both, their victims (and/or their surviving families) and the concerned citizens of the world by means of the media. War tribunals have now almost obliterated the use of retributive justice and helped replace it with a new breed of liberal legalism based completely on an international code of law. (Lamb, 2004) Supporters of war crime tribunals claim that institutions such as these help deter those whose who might turn out to be future war criminals. This is also one of the primary reasons provided for the establishment of a regular international court of law. War crime tribunals found presently are usually commissioned by the UN. Supporters claim that the permanence of a system is enough to keep potential war criminals at bay. (Roy, 2001) In conclusion, it should be stated that there is not enough conclusive evidence to support the statement that international law is a body of legislation only to be instrumented by powerful nations. It can however be stated that there are certain areas of the international law that needs to be clarified and properly imposed in order to minimize the influence of powerful nations in the context of the law. References: Able, A; 2001; The Outcomes of Trade: A legal Force; OTRC Ltd Kar, P; (2007), History of War against Global Warming. Kolkata: Dasgupta & Chatterjee King, H; (2005); The Statistics of Global Warming. Earth Today. Vol 7. Issue 5. Dunedin: HBT & Brooks Ltd. Lamb, D; (2004); Cult to Culture: The Development of Civilization on the Strategic Strata; Wellington: National Book Trust Mukherjee, S D; (2004); International Economic Strategies and Principals; Dunedin: IBL & Alliance Ltd. Podolski, V; (2006); Public Perception of Perceptions: An Approach towards Political Intelligence; Dunedin: IBL & Alliance Ltd Roberts, O M; (2005); Outline of Global Economy; Wellington: National Book Trust Roy, D P; (2001); Birth of Thought: The Evolving Intelligence; Part II; Auckland: HDT Ltd. Sen, S; (2001); Difference between Thinking and Acting in Global Politics; Bloemfontein: ABP Ltd Shaw, Malcolm N (2003). International Law; Cambridge University Press; 5 edition Read More