Law Of Nations: An Overview Essay, Research Paper

Law of Nations: 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