3.1. International Law and Organization for a New World Order: The Uppsala Model

1984 ◽  
pp. 27-44
Author(s):  
William Michael Reisman
2018 ◽  
Vol 7 (3) ◽  
pp. 330-341
Author(s):  
ANDREAS FOLLESDAL

Abstract:These comments address three themes concerning Oona A Hathaway’s and Scott J Shapiro’s The Internationalists (Hathaway and Shapiro 2017), a great contribution to scholarship about international relations, international law and international legal theory. I first explore further some game theoretical themes, how the Peace Pact arguably contributed to avoid war by creating institutions – such as international courts – that helped stabilise an assurance game among states by providing trustworthy information and commitments, in turn influencing practices and beliefs concerning mutual non-aggression. Second, I suggest that the authors should not claim more than that the Peace Pact was one cause of the massive shift in reduced warfare. Further arguments are needed to show that this treaty was the trigger that ‘began a cascade’. Third, I suggest that the lessons for the future are limited, as we explore how to preserve and improve on the New World Order of the Pact, rather than backsliding into the Old World Order.


2004 ◽  
Vol 5 (2) ◽  
pp. 41-61
Author(s):  
Brendan M. Howe

Ten years on, the impact of the inaction of the international community during the Rwandan crisis is still being felt. This article considers normative, legal, and realpolitik constraints operating upon decision- makers, contending that the first two should have enabled decision- makers to authorize intervention if not actually requiring them so to do, and that the international community's non-intervention in genocide was, therefore, due to considerations of national interest. However, international law played a significant role in framing excuses for inaction, and the end of the crisis saw international decision-makers having their hands forced by pressure &om their internal and external communities, promising that non-state-centric humanitarian considerations could play a greater role in future conflicts such as Kosovo and Sudan. Thus this article demonstrates not only that liberal claims of a new world order at the end of the Cold War were premature, but also that post-Rwanda power-political considerations no longer fully explain normative war-fighting decision-making.


AJIL Unbound ◽  
2016 ◽  
Vol 110 ◽  
pp. 80-83
Author(s):  
Devika Hovell

Law abhors a vacuum. Lawyers (including international lawyers) have constructed their profession around the fiction that such a thing is impossible. Where gaps emerge in a legal framework, lawyers face the task of filling it, compromised by the additional hurdle of having to pretend there was no gap in the first place. The challenge has intensified with the ever-widening and deepening accountability gap that has accompanied the growth of global governance. In the period between H.G. Wells’ writing of The New World Order and the drafting of Security Council resolutions 827, 1267, 1373, and 1540, global governance has evolved from an idea of utopian/dystopian fiction to reality. In a recent article in the American Journal of International Law on “Due Process in the United Nations,” I argue that as legal academics we are justified in taking a more architectural role in proposing a legal framework to fill the good-governance-size hole in this emerging tier of governance. Essayists in the AJIL Unbound Symposium convened in response to my article raised interesting (and fairly fundamental) challenges to the methodology proposed. The hosts of the symposium kindly offered me the chance to respond—I took them up. There may be gaps in international law, but never silences.


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