State Sovereignty in an Increasingly Interdependent Global World - Research Paper Example

State Sovereignty in an Increasingly Interdependent Global World "International law, it is generally agreed, has something to do with states." (Thomas Baty) To what extend does this remain true? Discuss with reference to new actors in the International legal system. International law has had to evolve tremendously in an era of globalization. Accordingly, globalization is an international phenomenon which has led to the proliferation of international legal standards throughout all four corners of the globe. Thus, international legal precedent resonates from London to Lagos and from New York to New Delhi. The world is becoming more and more interdependent and whether people think globalization is a good or bad thing, it is here to stay. Along with globalization, regional integration is a force to be reckoned with in the twenty-first century. As the world becomes increasingly interdependent, different regions of the globe are becoming increasingly integrated. Examples of regional political integration include NATO (the North Atlantic Treaty Organisation) and the EU (European Union). These are just a few of the many regional arrangements currently proliferating across the globe. Regional actors such the European Union and NATO have fundamentally transformed the ways in which international law is applied as these new international organisations represent new actors in the global legal system. According to Oscar Schachter, the nation-state remains the most important actor in the international legal system and the basis of international law. Despite this, increasing global interdependence has meant that international law has had to take into account the existence of new actors in the realm of international affairs. International law is codified through international agreements as part of regional bilateral or multilateral agreements between states. The growth of suprastate authorities (organisations such as the United Nations, NATO or the EU) has greatly impacted the international legal system. Through an exploration of states’ responses to key international law, codified through international agreements, the following will discuss state sovereignty in an increasingly interdependent global world. How does international law account for new international actors, including regional organisations such as the European Union or the North Atlantic Treaty Organisation? This question will be answered as this essay concludes with a summation of the work studied. We now turn to an analysis of the questions surrounding international law, state sovereignty and the existence of new international actors in the 21st century.1 International Law and the Question of State Sovereignty International law is predicated on the belief that states remain the primary actors in international affairs. However, there are new actors in the international system, including supra-states and regional multilateral organisations such as the European Union, NATO and the UN. Suprastates and regional multilateral organisations are held together by international law and treaties which inherently must recognize their existence. Thus, while states remain the preeminent actors in international affairs, international law has recognized the existence of new forms of governance such as organisations such as the European Union or NATO. State sovereignty is a basic principle of the current international order and notions of sovereignty are intrinsic to the global system of international affairs. Despite the fact that ideas about state sovereignty shape the international system and are basic premises of the functions of global governance, this important concept is under threat from a variety of forces. Seeking to address the concept of state sovereignty in the twenty-first century, this essay will explore the abrogation of sovereignty as a direct result of globalization and the increased salience of unilateral action by the dominant power in the international system. Firmly entrenched as a guiding principle in international affairs, basic concepts of state sovereignty are responsible for the current structure of the international order. How has sovereignty, a guiding principle of the international order been challenged in recent times? Do international agreements help or hinder questions of sovereignty? These important questions, and many more, will be discussed with reference to an analysis of the roles that international law plays in a modern, interdependent global society. We now turn to an exploration of the United Nations, an important political actor composed of constituent member states and key arbiter of the international legal system. International Law and the United Nations The United Nations (UN) is a supranational collective body composed of constituent member states. Democracy, negotiation, and collective decision-making through multilateralism are all inherent attributes of the modern UN. As a multinational organisation, the United Nations represents various national interests within an overarching political framework and facilitates intercultural communication on a global scale. In addition, the United Nations is also arguably the most important forum for the creation of international law and legal precedent on the planet. The UN is a multilateral organisation which operates on the basis of negotiation between member states and relies on collective decision-making to achieve its ends. Members are joined together and bound by treaties signifying their participation within the larger UN political framework. The political decisions of member-states are thus constrained by their allegiance and signatory status to overarching United Nations treaties. These treaties represent international law and are codified as such. Established in the wake of the Second World War, the United Nations was created to ensure that the horrors of World War II never happen again. International law such as the Genocide Convention or specific human rights doctrines work to ensure that such an event never happens again. Since the United Nations represents multilateralism, collective decision-making and negotiation on a global scale it is the most pronounced example of a supranational political body ever created. It remains the most important forum for the creation and establishment of international legal precedent. At its very core, the United Nations was established to promote peaceful solutions to international problems through multilateralism and intercultural dialogue. Human security and the promotion of international peace have been important goals of the United Nations since its establishment following World War II. In recent times, the United Nations has extended its concept of global security to include not only the physical security of the person from armed conflict and war but also the security of the international system as well as of states. Additionally, individual security has been extended to encompass a security which transcends physical or geographic borders. This notion of security is based upon the idea of a shared humanity, irrespective of country of origin or geographic location. The concept of human security plays an important role in the establishment of international human rights legislation and, as we shall see, a global human rights regime. Accordingly, UN structures and practices have evolved over time to encompass a far-reaching conception of human security in a legal context. From a structural perspective, the United Nations has developed a variety of institutions to promote international security including the aptly named Security Council, a plethora of UN mandated international peacekeeping missions (UNAMIR in Rwanda was perhaps the most infamous in recent memory) and organizations such as UNICEF and the UNRWA in Israel/Palestine. Another recent attempt to promote international human security, irrespective of political borders and geographic frontiers has been the establishment of the United Nations International Criminal Court. Current incarnations of this international body include the International Criminal Court in Liberia and the International Criminal Court for the Former Yugoslavia. These institutions work directly to promote a common human rights standard across the globe and try perpetrators of violent crimes and crimes against humanity. By promoting human security through a variety of endeavors and bodies, the United Nations has evolved both in scope as well as in substance to promulgate a shared sense of humanity. A supranational multilateral organization which promotes peace, harmony and collective wellbeing, the United Nations represents the best of concerted action and is an optimal organization to promote human security and the promotion of international human rights legislation. Multicultural in composition and outlook, the UN works to promote intercultural dialogue and maintain a secure and prosperous planet. Accordingly, the United Nations has an important role to play in ensuring that the horrors of another World War never occur again. Since the United Nations represents multilateralism, collective decision-making and negotiation on a global scale it is the most pronounced example of a supranational political body ever created. In response to the extension of the concept of security, the United Nations has grown substantially in both organizational size and scope and has an important presence today in bringing perpetrators to justice through the Special Court for Sierra Leone (SCSL).2 We now turn to an exploration of Europe’s most important multilateral legal body, the European Union.3 Regional Legal Integration: the EU Established in the wake of the Second World War, the European Union (formerly the European Economic Community) is a multilateral organisation which generates an estimated 30% of the world’s total Gross Domestic Product.4 In addition to being an economic powerhouse, the European Union represents near total European integration in the political, judicial, social and economic spheres. It thus is responsible for the creation of international law and represents multilateralism and the evolution of Western diplomatic organisation at its very best.5 A supranational body composed of constituent member states, the states of the EU are found largely on the European peninsula. As a multinational organisation, the EU represents various national interests within an overarching political framework and codifies binding legislation for its constituent member states. The EU is an international organisation which operates on the basis of negotiation between member states and relies on international agreements and collective decision-making to achieve its ends. Members are joined together and bound by treaties signifying their participation within the larger EU political framework. The political decisions of member-states are thus constrained by their allegiance and signatory status to overarching EU treaties. This is European law in practice.6 Today, membership in the European Union is actively sought by nearly all countries on the European peninsula as well as by one country straddling both Europe and Middle Asia (Turkey). International agreements tie the member states together and represent the inherent democratic nature of the European Union. With Allied victory in World War II and the recent collapse of the Soviet Union, democracy – in varying degrees– is now a universal trend amongst European states. In fact liberal democracy, best expressed by the states of Western Europe with entrenched democratic traditions, is quickly becoming the standard for the continent. Democratic norms and rules have subsequently been established through a pan-European legal framework which exists through binding legal agreements between member states. The following will explore important legal agreements in the recent history of the EU and chart their significance.7 International Law in Practice: The European Union The Treaty of Rome, signed in March of 1957, proposed a common European economic market throughout the European Economic Community. Historically-speaking this was perhaps the most important precursor to the integration of Europe today. Recent treaties, including the Treaty of Amsterdam, the Treaty of Nice, and the failed EU Constitution all followed the precedent set more than 40 years ago in Rome. Despite some controversies, democracy remains alive and well within the EU political framework. In fact, the recent failure to implement a Constitution for Europe affirmed the democratic underpinnings of the Union and proved that debate and collective decision making are inherent components of the working European Union.8 The Maastricht Treaty (1993) creating the European Union, replaced the European Community, and paved the way for further economic, social and political integration within Europe. This integration was strengthened through the implementation of three institutional pillars: 1) European Communities; 2) Common Foreign and Security Policy (CFSP), and 3) police and judicial cooperation in criminal matters as well as the acceptance of a single currency, the Euro. In addition to the three pillars, the acceptance of the Euro as an official currency of members of the so-called “Eurozone” strengthened economic bonds between member states. Following negotiations in the Dutch city of Maastricht, the Treaty of Amsterdam (1999) represented a further evolution of collective decision making amongst EU members.9 Described as a “confederated state”, the European Union represents an evolution of the European democratic tradition. Europe is the cradle of modern democracy and modern European states have successfully maintained a democratic tradition for centuries (Tilly rightful demonstrates entrenched liberal democracy using the case of Britain).10 Despite claims that legislation enacted in Brussels bypasses the rights of individual states, the opposite is true. All states within the union participate in its decision making processes.11 The European Union is arguably the world’s most successful attempt at regional integration. The motto of the EU is “unity in diversity” and collective bargaining, negotiation and a plurality of opinion are attributes of today’s EU. The European Union represents democracy at work and recent treaties obligating all members to abide by common standards in the political and social realms affirm a common standard among the states of Europe. In fact, “by agreeing to pursue that interest within an organisation as constraining as the European Union, the member-states have recognized the ultimate superiority of multilateral, as opposed to unilateral, decision making and action in a variety of policy arenas”. Accordingly, multilateralism and collective legal decision making are at the heart of today’s European Union. States remain responsible for the creation as well as the implementation of international law. As such, their primacy in the international legal environment remains despite the existence of new forms of political organisation.12 Concluding Remarks Globalization has paved the way for economic, social and political integration throughout the world and international law and agreements facilitate our common purposes. The most important arbiter of international law is the United Nations and it serves as a forum for the establishment as well as the implementation of international law. Additionally, the European Union is a transnational multilateral organisation which represents an exciting new wave of regional integration arrangements. Each member state is bound by international agreements and EU law to facilitate common interests and goals. Established to promote the interdependence of its members, our analysis of the EU demonstrates that regional integration facilitates multilateralism and coordinated action on a variety of fronts. As growing multilateral organisations with increasing influence on the international stage, the European Union has established itself as a key geopolitical actor in the post-Cold War and post-9/11 world. Through the establishment of mutual security guarantees following 9/11 through international agreements, the EU has shown that consensus and collective are alive and well in the international system. Safety and security can be promoted through international agreements which bind members to a common purpose and common goals. International law is thus facilitated by the development of international suprastate organisations. While suprastate organisations such as the EU or the United Nations have played an important role in the development as well as the codification of international law, it remains up to individual states to implement said laws. Thus, the primacy of the state in the international legal system remains paramount. Accordingly, Thomas Baty’s assertion that international law remains tied to the nation-states as the primary actor in the international system remains true, although multilateral organisations such as the United Nations and the EU are of increasing salience in international legal affairs.13 references Ando, S (1993). Preparing the Ground for an Alliance Peacekeeping Role. NATO Review. 41(2): 33-52. Almond, G.A, Dalton, R.J & Powel Jr., G.B. (2002). European Politics Today, 2nd edition. New York: Longman. Alvarez, J.E. (2006). International Organizations: Then and Now. The American Journal of International Law.100(2): 324-347. Bereuter, D. (2004) NATO and the EU Security Strategy. Oxford Journal on Good Governance, 1(1):21-27. Clark, G.L. & W. B. Kim (1995). Asian NIEs & the Global Economy: Industrial Restructuring & Corporate Strategy in the 1990s. New York: Johns Hopkins University Press. Coburn, D. 2000. “Income inequality, social cohesion and the health status of populations: the role of neo-liberalism”, Social Science & Medicine, 51( 1):. 135-146. Fierke K.M., Wiener A (1999). Constructing institutional interests: EU and NATO enlargement. Journal of European Public Policy. 6(5): 721-742. Finnemore, M. (1996). Norms, Culture and World Politics: Insights from Sociology's Institutionalism. International Organization, 50, 325-47 Harvey, D. (2007). A Brief History of Neoliberalism. London: Oxford University Press. Hobsbawm, E. (1994). Age of Extremes: The Short History of the Twentieth Century: 1914-1991. London: Abacus. Preston, Christopher (1997) Enlargement and Integration in the European Union, New York: Routledge. Roberts, Adam. (1993). United Nations, Divided World: The UN's Roles international Relations. London: Oxford University Press. Schachter, Oscar. (1991) International Law in Theory and Practice. London: Martinus Nijhoff. Strayer, R. W. (1998). Why Did the Soviet Union Collapse? Understanding Historical Change. New York: I. E. Sharpe. Sutterlin, James S. (2003). The United Nations and the Maintenance of International Security. New York: Greenwood Publishing Group. Tilly, C. (1993). European Revolutions. London: Blackwell. The Economist (2009). Pocket World in Figures, 2009 Edition. London: Profile Books. Warleigh, A. (2004). European Union: The Basics. New York: Routledge. Wood, S. and Quaisser, W. (2008). The New European Union: Confronting the Challenges of Integration. Boulder: Lynne Rienner Publishers/ Read More