Tuesday, November 2, 2010

Legitimacy of International Law

I understand International Law as a set of rules that govern relationships and conflicts between states ensuring order and justice. They represent the views of different cultures on how the world should be ordered. These set of rules regulate and somewhat predict the behaviors of states and individuals. In order to be legitimate, they have to be formulated respecting the principle of good faith. Laws that are viewed as representative, inclusive, fair and effective will claim legitimacy and will have a better chance to generate the consensus among states and successful compliance. Legitimacy in International law provides accountability, responsibility and consequences for non-compliances. Because the world evolve and develop in a fast pace, international law has to be able to adapt to changes in a timely manner, otherwise if it gets caught up in bureaucracy, the question of illegitimacy may arise. Liking general consent to legitimacy is erroneous in my view. There is a general agreement that constitutional national law is legitimate regardless the fact that not all citizens abide to national law.
Another point that I would like to make is that the position of government on the legitimacy of international law and on the authority of international organizations influence how its citizens perceive the value of such institutions. The Bush Administration disregard for the opposition of members of the UN Security Council in its proposed use of force and invasion of Iraq and the breach of the Geneva Convention using torture in prisoners of war at Guantanamo, influenced not only how Americans perceived of the effectiveness of diplomacy but also fermented a worldwide question of the efficacy and competence of the UN in moderating conflicts. The Obama Administration has since tried to change American image abroad in how we conduct our foreign affairs. Pres. Obama, in his 2009 speech in Cairo, said “Although I believe that the Iraqi people are ultimately better off without the tyranny of Saddam Hussein, I also believe that events in Iraq have reminded America of the need to use diplomacy and build international consensus to resolve our problems whenever possible”.
In my view regardless of the inconsistencies of its applications, International law is the path to achieve peaceful relationships and dignity for all human beings.

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