International law, Sixth edition
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International Law MALCOLM N. SHAW
The Third World
In the evolution of international affairs since the Second World War one of the most decisive events has been the disintegration of the colonial empires and the birth of scores of new states in the so-called Third World. This has thrust onto the scene states which carry with them a legacy of bitterness over their past status as well as a host of problems relating to 128 Lloyd, Introduction to Jurisprudence, and H. Li, ‘The Role of Law in Communist China’, China Quarterly, 1970, p. 66, cited in Lloyd, Introduction to Jurisprudence, pp. 801–8. 129 See e.g. Cohen and Chiu, People’s China, pp. 62–4. 130 Ibid., pp. 77–82, and part VIII generally. 131 See e.g. I. Detter, ‘The Problem of Unequal Treaties’, 15 ICLQ, 1966, p. 1069; F. Nozari, Unequal Treaties in International Law, Stockholm, 1971; Chiu, ‘Communist China’s Atti- tude’, pp. 239–67, and L.-F. Chen, State Succession Relating to Unequal Treaties, Hamden, 1974. d e v e l o p m e n t o f i n t e r nat i o na l l aw 39 their social, economic and political development. 132 In such circumstances it was only natural that the structure and doctrines of international law would come under attack. The nineteenth century development of the law of nations founded upon Eurocentrism and imbued with the values of Christian, urbanised and expanding Europe 133 did not, understandably enough, reflect the needs and interests of the newly independent states of the mid- and late twentieth century. It was felt that such rules had encouraged and then reflected their subjugation, and that changes were required. 134 It is basically those ideas of international law that came to fruition in the nineteenth century that have been so clearly rejected, that is, those principles that enshrined the power and domination of the West. 135 The underlying concepts of international law have not been discarded. On the contrary. The new nations have eagerly embraced the ideas of the sovereignty and equality of states and the principles of non-aggression and non-intervention, in their search for security within the bounds of a commonly accepted legal framework. While this new internationalisation of international law that has oc- curred in the last fifty years has destroyed its European-based homogene- ity, it has emphasised its universalist scope. 136 The composition of, for example, both the International Court of Justice and the Security Council of the United Nations mirrors such developments. Article 9 of the Statute of the International Court of Justice points out that the main forms of civilisation and the principal legal systems of the world must be rep- resented within the Court, and there is an arrangement that of the ten non-permanent seats in the Security Council five should go to Afro-Asian 132 See e.g. R. P. Anand, ‘Attitude of the Afro-Asian States Towards Certain Problems of Inter- national Law’, 15 ICLQ, 1966, p. 35; T. O. Elias, New Horizons in International Law, Leiden, 1980, and Higgins, Conflict of Interests, part II. See also Hague Academy of International Law, Colloque, The Future of International Law in a Multicultural World, especially pp. 117–42, and Henkin, How Nations Behave, pp. 121–7. 133 See e.g. Verzijl, International Law in Historical Perspective, vol. I, pp. 435–6. See also B. Roling, International Law in an Expanded World, Leiden, 1960, p. 10. 134 The converse of this has been the view of some writers that the universalisation of inter- national law has led to a dilution of its content: see e.g. Friedmann, Changing Structure, p. 6; J. Stone, Quest for Survival: The Role of Law and Foreign Policy, Sydney, 1961, p. 88, and J. Brierly, The Law of Nations, 6th edn, Oxford, p. 43. 135 See e.g. Alexandrowicz, European–African Confrontation. 136 See F. C. Okoye, International Law and the New African States, London, 1972; T. O. Elias, Africa and the Development of International Law, Leiden, 1972, and Bernhardt, Download 7,77 Mb. Do'stlaringiz bilan baham: |
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