Can International Law Change The World?
September 3, 2011
I have decided to take up “Public International Law” as one of my modules for the Part II Finals of my LLB programme. Truth be told, this is the module that I have planned to take up even before I started with my Intermediate year. Having read the first half of the textbook by Martin Dixon, I am simultaneously intrigued by the possibilities (and the ongoing development) of international law, and frustrated by the very clear weaknesses in the present manifestation of international law – especially in the area of enforcement. Anyone who has spent time thinking about matters relating of international law will undoubtedly throw up his hands in the air in exasperation and exclaim – “There’s too much politics and too little real legal principles!“
The video above is a lecture delivered by Judge Sir Christopher Greenwood addresses just this particular problem – that of enforcement in international law. He very clearly outlined the context of international law in that it governs the legal relations between states and that its legally binding nature is by consent. More importantly, he elucidates the importance of understanding the growing reach of international law in terms of governing or regulating international affairs (despite its weaknesses and limitations).
One of the most exciting thing about studying law is the realisation that legal practitioners around the world have more in common than they originally believed. There is a natural camaraderie among lawyers because of our common legal training and appreciation of legal principles (even though it is undeniable that we do not agree on everything). In the above video, US Supreme Court Justice Stephen Breyer started by introducing very basic principles about the Rule of Law and how that is important to the development of nations. The great thing is that he didn’t give his presentation in technical language but in everyday layman language to Economics students in Berkeley Uni. I included this lecture in this post because of the emphasis that Breyer placed on the fallacies of isolationist national law development thinking and encouraged instead a liberal harmonisation of laws – ie. “pure” domestic laws with those of other jurisdictions and the international law scene.
Finally, the series of videos above featured a symposium on International Law and Justice organised by US Council on Foreign Relations. The symposium primarily addressed matters of genocide, atrocities and torture; and examined the role and capability of international law in dealing with those matters.
