International law, Sixth edition
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International Law MALCOLM N. SHAW
Reparation for Injuries Suffered in the Service of the United Nations, ICJ Reports, 1949,
p. 174; 16 AD, p. 318. 48 i n t e r nat i o na l l aw common institutions serviced by a growing bureaucracy stationed pri- marily at Brussels. Such regional organisations have added to the developing sophistica- tion of international law by the insertion of ‘regional–international law sub-systems’ within the universal framework and the consequent evolu- tion of rules that bind only member states. 15 The range of topics covered by international law has expanded hand in hand with the upsurge in difficulties faced and the proliferation in the number of participants within the system. It is no longer exclusively con- cerned with issues relating to the territory or jurisdiction of states narrowly understood, but is beginning to take into account the specialised prob- lems of contemporary society. Many of these have already been referred to, such as the vital field of human rights, the growth of an international economic law covering financial and development matters, concern with environmental despoliation, the space exploration effort and the exploita- tion of the resources of the oceans and deep seabed. One can mention also provisions relating to the bureaucracy of international institutions (international administrative law), international labour standards, health regulations and communications controls. Many of these trends may be seen as falling within, or rather reflecting, the phenomenon of globali- sation, a term which encompasses the inexorable movement to greater interdependence founded upon economic, communications and cultural bases and operating quite independently of national regulation. 16 This in 15 See generally below, chapter 23. 16 See e.g. A. Giddens, The Consequences of Modernity, Stanford, 1990; S. Sur, ‘The State Between Fragmentation and Globalisation’, 8 EJIL, 1997, p. 421; B. Simma and A. Paulus, ‘The “International Community”: Facing the Challenge of Globalisation. General Conclu- sions’, 9 EJIL, 1998, p. 266, and P. M. Dupuy, ‘International Law: Torn Between Coexistence, Co-operation and Globalisation. General Conclusions’, 9 EJIL, 1998, p. 278. See also the Declaration of Judge Bedjaoui in the Advisory Opinion on The Legality of the Threat or Use of Nuclear Weapons, ICJ Reports, 1996, pp. 226, 270–1. Note that Philip Bobbitt has described five developments challenging the nation-state system, and thus in essence char- acterising the globalisation challenge, as follows: the recognition of human rights as norms requiring adherence within all states regardless of internal laws; the widespread deploy- ment of weapons of mass destruction rendering the defence of state borders ineffectual for the protection of the society within; the proliferation of global and transnational threats transcending state boundaries such as those that damage the environment or threaten states through migration, population expansion, disease or famine; the growth of a world economic regime that ignores borders in the movement of capital investment to a degree that effectively curtails states in the management of their economic affairs; and the creation of a global communications network that penetrates borders electronically and threatens national languages, customs and cultures, The Shield of Achilles, London, 2002, p. xxii. i n t e r nat i o na l l aw t o day 49 turn stimulates disputes of an almost ideological nature concerning, for example, the relationship between free trade and environmental protec- tion. 17 To this may be added the pressures of democracy and human rights, both operating to some extent as countervailing influences to the classical emphasis upon the territorial sovereignty and jurisdiction of states. Download 7.77 Mb. Do'stlaringiz bilan baham: |
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