Ritualization in international relations

Homo sapiens now has the power to veto the evolution of his own species. In the mathematics of ‘overkill’ it is estimated (Pauling 1963) that the nuclear stockpile amounts to more than 320 000 megatons, i.e. a ration of more than 100 tons of TNT-equivalent for every man, woman and child on earth or 14 tons per acre of the entire land-surface. Since Homo sapiens is exceptional among the creatures in so far as he deliberately destroys his own species in internecine war, and since he has now the capacity for annihilation it becomes necessary to ritualize his acquired habits of self-destruction. That means contriving intra-species relationships as sensibly as do the animals and observing the Law of the Jungle, by which no predator ever exterminates the species on which it preys nor vents its aggressive instincts to the hazard of its own kind. ‘War is Nature’s pruning hook’, said Sir Arthur Keith (1927). That was a strange interpretation of ‘the survival of the fittest’, but it was the kind of statement which could be invoked as scientific ‘authority’ for accepting mutual destruction as an innate characteristic and for regarding war as part of the mechanism of natural selection rather than as a temporary deviation.

2021 ◽  
Vol 32 (3) ◽  
pp. 7
Author(s):  
Karen Kh. Momdzhyan

Author(s):  
Michael Ruse

Charles Robert Darwin, the English naturalist, published On the Origin of Species in 1859 and the follow-up work The Descent of Man in 1871. In these works, he argued for his theory of evolution through natural selection, applying it to all organisms, living and dead, including our own species, Homo sapiens. Although controversial from the start, Darwin’s thinking was deeply embedded in the culture of his day, that of a middle-class Englishman. Evolution as such was an immediate success in scientific circles, but although the mechanism of selection had supporters in the scientific community (especially among those working with fast-breeding organisms), its real success was in the popular domain. Natural selection, and particularly the side mechanism of sexual selection, were known to all and popular themes in fiction and elsewhere.


Author(s):  
David Boucher

The classic foundational status that Hobbes has been afforded by contemporary international relations theorists is largely the work of Hans Morgenthau, Martin Wight, and Hedley Bull. They were not unaware that they were to some extent creating a convenient fiction, an emblematic realist, a shorthand for all of the features encapsulated in the term. The detachment of international law from the law of nature by nineteenth-century positivists opened Hobbes up, even among international jurists, to be portrayed as almost exclusively a mechanistic theorist of absolute state sovereignty. If we are to endow him with a foundational place at all it is not because he was an uncompromising realist equating might with right, on the analogy of the state of nature, but instead to his complete identification of natural law with the law of nations. It was simply a matter of subject that distinguished them, the individual and the state.


2021 ◽  
Vol 30 (3) ◽  
pp. 421-434
Author(s):  
David R Lawrence ◽  
Sarah Morley

AbstractEmerging biotechnologies and advances in computer science promise the arrival of novel beings possessed of some degree of moral status, even potentially sentient or sapient life. Such a manifestation will constitute an epochal change, and perhaps threaten Homo sapiens’ status as the only being generally considered worthy of personhood and its contingent protections; as well as being the root of any number of social and legal issues. The law as it stands is not likely to be capable of managing or adapting to this challenge. This paper highlights the likely societal ramifications of novel beings and the gaps in the legislation which is likely to be relied upon to respond to these. In so doing, the authors make a case for the development of new regulatory structures to manage the moral issues surrounding this new technological upheaval.


1975 ◽  
Vol 5 (2) ◽  
pp. 245-258
Author(s):  
Donald VanDeVeer

In a recent trial in the United States a physician was convicted of manslaughter during the performance of a hysterotomy on a woman pregnant from twenty to twenty eight weeks. Some members of the jury, in their deliberations, were much impressed by seeing a photograph of a fetus of about the same age. The experience apparently provided some jurors with reason to conclude that the fetus which did die during or immediately after the hysterotomy was a human being or a person or, at least, was so like a child that the killing of it was prohibited by the law of homicide. If being a human being is not the same as being a pre-natal progeny of homo sapiens, it is difficult to understand how one could “tell by looking” whether the fetus is a human being. But the sight of a fetus of twenty weeks or longer does, I think, tempt us to think that from a moral standpoint we ought to extend the same treatment to such fetuses, or virtually the same, as we extend to newborn babies and young children. The visual similarities between middle or late stage fetuses and newborn babies is striking.


1991 ◽  
Vol 85 (4) ◽  
pp. 595-612 ◽  
Author(s):  
B. Graefrath

The history, operation and tasks of the International Law Commission (ILC) have often been described and its success in codifying general international law is well-known and widely acknowledged. The conduct of international relations today is unthinkable without such basic instruments, first drafted by the Commission, as the conventions on diplomatic and consular relations, the law of treaties and the law of the sea. Moreover, other ILC drafts that have not been adopted as treaties have had a long-term effect on the development of international law; for example, the Draft Declaration on the Rights and Duties of States, the Principles of International Law Recognized in the Charter of the Nürnberg Tribunal and in the Judgment of the Tribunal, and the Model Rules on Arbitral Procedure.


2014 ◽  
Vol 8 (1) ◽  
pp. 122-126
Author(s):  
Daniel Ştefan Paraschiv ◽  
Elena Paraschiv

From the oldest times, there appeared certain norms of penal international law meantto prevent the committing of serious offenses, as well as for sanctioning them. This distinctbranch of the public international law is called upon to protect - by sanctioning personsguilty of committing serious offenses - peace and security of the whole humanity, thedevelopment in conformity with the norms of the law and moral of the international relations,the existence and perenniality of fundamental human values.


2021 ◽  
pp. 90-95
Author(s):  
Marina Okladnaya ◽  
Anastasia Pererodova

Problem setting. An international treaty is an agreement between two or more subjects of international relations concerning the establishment, modification or termination of mutual rights and obligations. In modern time an international treaty is the universal and primary source of international law and, at the same time, the law of treaties as a branch of international law occupies a central place in this system. The role of the treaty is constantly increasing, so it is important to study how treaty law was formed in order to understand how it has changed over history, and what factors have influenced the formation of the main branch of international law. Analysis of recent researches and publications. The law of international treaties causes increased attention of lawyers to the study, research and analysis of its main aspects. Among the domestic and foreign scholars who have made a significant contribution to the study of the law of treaties can be distinguished such as V. Butkevich, Y. Brownlie, A. Talalaev, O. Merezhko, O. Nazarenko, F. Martens, V. Shurshalov, I. Lukashuk, O. Zadorozhniy and others. Target of research. Study of international treaty at different stages of formation of international law, analysis and comparison of forms, content, functions and significance of the treaty in different historical periods. Article’s main body. The article is devoted to the development and formation of the basic branch of international law – treaty law. It studies the stages of formation of the institute of treaty law during different periods of history, identifies the features of the treaty at each stage of formation. Conclusions and prospects for the development. The agreement is an important and necessary instrument of interaction and communication between people, it establishes ties between peoples and states, helps to resolve conflicts, that is why the signing of treaties is a significant mechanism for the regulation of human relations since ancient times. In this article we have traced how different historical periods influenced the formation of international treaty law, which events were of key importance for the development of international law in general. Throughout the history of international law, the treaty has undergone a number of transformations of its forms, types and procedures of conclusion. The treaty form of consolidation of international relations is the basis of stability and efficiency of the legal order in international law. At the present time, the law of international treaties is a self-sufficient, developed branch and system of international law. It is the key branch of international law with its institutions, low basic principles, and continues to develop rapidly and irreversibly.


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