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2021 | Book

States Undermining International Law: An Introduction Read chapter Read first chapter

States Undermining International Law

The League of Nations, United Nations, and Failed Utopianism

Author: Deepak Mawar

Publisher: Springer International Publishing

Book Series : Philosophy, Public Policy, and Transnational Law

Part of: Springer Professional "Wirtschaft+Technik" , Springer Professional "Wirtschaft"

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About this book

This book analyses the history of international law to reveal the significant role utopianism has played in developing the international legal system. In fact, when pinpointing the legal system’s most accelerated phases of development, it becomes increasingly apparent how integral utopianism has been in dealing with the international community’s most troubled periods such as the World Wars. However, States have on numerous occasions undermined utopianism, leading to situations where individuals and communities have been vulnerable to modes of oppression such as war or repressive regimes. Thus, by examining the League of Nations and United Nations, this book seeks to show why utopianism continues to be a vital ingredient when the international community is seeking to ensure its loftiest and most ambitious goals such as maintaining international peace and security, and why for the sake of such utopian aspirations, the primary position States enjoy in international law requires reassessment.

Table of Contents

Frontmatter
Chapter 1. States Undermining International Law: An Introduction
Abstract
This chapter introduces the key research aims and questions explored throughout this book. Firstly, the valuable impact of utopianism on the international legal system is introduced and summarised by a new utopian concept, emancipatory idealism. Secondly, concerns regarding the State’s primary position in international law are raised in order to argue that for the sake of achieving utopian goals, this aspect of international law requires reassessment. Then, it is suggested that the central aims of emancipatory idealism have played a significant role in the development of international law, and that these utopian developments have at times been undermined by States. In order to prove such a postulation, an analysis of the League of Nations and the United Nations—and the manner in which States have interacted with these international organisations—is proposed.
Deepak Mawar
Chapter 2. Emancipatory Idealism: A Utopian Focal Goal of International Law
Abstract
The utopian concept, emancipatory idealism is introduced in this chapter. Emancipatory idealists argue that the protection of individuals and groups from modes of oppression, such as war or crimes against humanity, is of paramount importance for the sake of civilisational development, be it on a technological or societal level. Ultimately, emancipatory idealism is an umbrella concept that provides a justification as to why other idealist concepts such as human rights and human dignity should be sought after. Using the works of Hegel, Critical Theorists, Phillip Allot and Anne Peters the substance of emancipatory idealism is explored in order to suggest that when the central aims of the concepts have been sought after, the international legal system has undergone some of its most positive developments.
Deepak Mawar
Chapter 3. States and Utopian Goals of International Law
Abstract
This chapter explores the nature of States in order to argue that the primacy it enjoys in international law is problematic for those seeking to achieve utopian goals of international law. The argument is made that a State possesses dual duties; the first duty is to the territory and citizens that it has sole authority over, and the second duty is to the international community. When analysing the nature of the State using the works of Jack Goldsmith and Eric Posner, Thomas Franck, Michel Foucault, Carl Schmitt and Abram and Antonia Handler Chayes, it becomes apparent that the State tends to prioritise its first duty over it second duty, which can lead to the undermining of international law. Such a phenomenon is of grave concern for emancipatory idealists, who would consequently argue that the primacy States enjoy in international law should be reassessed.
Deepak Mawar
Chapter 4. The Life and Death of the League of Nations
Abstract
The interbellum period is analysed in order to historicise the successes and failures of the League of Nations. Such historicisation recounts the initial hurdles that faced the creators of the League, the success it enjoyed during its first decade of existence, and the eventual downfall that the international organisation suffered during the 1930s as it failed to deal with States prioritising their realist ambitions over the collective goals of the international community. By mapping out and examining the conditions under which the League of Nations succeeded and failed, the positive influence of utopian focal goals can be identified when the League was successful in maintaining international peace and security, whilst also demonstrating how reliant international law is on the will of States. Furthermore, such analysis highlights how willing States can be to undermine international law if an advantage can be gained.
Deepak Mawar
Chapter 5. The United Nations Security Council and Power Politics
Abstract
The United Nations is analysed in order to better understand the influences of utopianism on the international organisation and also how States have at times blocked the UN’s capacity to maintain international peace and security. Initially, the founding years of the UN are analysed to highlight the influence of utopianism on the development of international law. The second part of the chapter focuses on the UN Security Council. Here, the sufficient tools it has to deal with threats to international peace and security are highlighted, which raises questions as to why the Security Council and its Member-States have failed to adequately exercise such powers in order to effectively deal with a host of conflicts. Such failures justify the argument made by emancipatory idealist that the primary position States enjoy in international law is problematic if the central aim is to protect all individuals and groups from modes of oppression.
Deepak Mawar
Chapter 6. Conclusion: Utopianism and State Primacy in International Law
Abstract
A brief overview of the findings of the previous chapters is provided, highlighting not only the significant role utopianism can play in the development of international law but also why State primacy in the international legal system is problematic. Analysing the League of Nations and the United Nations helps to support the argument that when the protection of all individuals and groups is prioritised during the development of international law, some of the most positive advancements in the international legal system have been realised. Yet, the analysis of these international organisations also provides a strong reminder of the problematic nature of State primacy in international law as some of the greatest failures on the international stage have been a result of States prioritising their domestic duties above the overall interests of the international community.
Deepak Mawar
Metadata
Title
States Undermining International Law
Author
Deepak Mawar
Copyright Year
2021
Electronic ISBN
978-3-030-64789-6
Print ISBN
978-3-030-64788-9
DOI
https://doi.org/10.1007/978-3-030-64789-6