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International Law: A Very Short Introduction

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Vaughan Lowe

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“It is not intended that every violation of the law should be prosecuted. There are more important priorities on which to spend public money. It is enough that the law is available to be used when necessary, to try to prevent violations from reaching unacceptable levels in particular communities, and to prevent perpetrators of high-profile offences from escaping with impunity. Indeed, even when criminal charges are brought, it is increasingly common to prescribe some remedial sentence, such as attendance at a ‘speeding awareness’ course, instead of a penalty. International law is no different. There is neither the expectation nor the intention that international law should be enforced on every occasion when it is violated. Many minor violations are willingly tolerated as the products of human frailty, or as not worth pursuing.”

“One of the clearest principles of contemporary international law is that States are not free to threaten or use military force against each other or to intervene in each other’s affairs. That is one reason why, for example, western States have been ready to take action against terrorist groups in Iraq, where the States act at the invitation of the Iraqi government, but have been very reluctant to take such action in Syria, where there is no such invitation.”

“International Law of the sea evolved over the years thereby concretizing the right of the freedom of navigation –FON; further the right evolved with its operational ramifications that led to the concept of Freedom of Navigation Operations (FONOPs); which operational freedom is based on sovereignty and interdependence of the state to enforce such a right.”

“It has often been suggested to me that the Constitution of the United States is a sufficient safeguard for the freedom of its citizens. It is obvious that even the freedom it pretends to guarantee is very limited. I have not been impressed with the adequacy of the safeguard. The nations of the world, with centuries of international law behind them, have never hesitated to engage in mass destruction when solemnly pledged to keep the peace; and the legal documents in America have not prevented the United States from doing the same. Those in authority have and always will abuse their power. And the instances when they do not do so are as rare as roses growing on icebergs. Far from the Constitution playing any liberating part in the lives of the American people, it has robbed them of the capacity to rely on their own resources or do their own thinking. Americans are so easily hoodwinked by the sanctity of law and authority. In fact, the pattern of life has become standardized, routinized, and mechanized like canned food and Sunday sermons. The hundred-percenter easily swallows syndicated information and factory-made ideas and beliefs. He thrives on the wisdom given him over the radio and cheap magazines by corporations whose philanthropic aim is selling America out. He accepts the standards of conduct and art in the same breath with the advertising of chewing gum, toothpaste, and shoe polish. Even songs are turned out like buttons or automobile tires--all cast from the same mold.”

“From the beginning, Europe assumed the power to make decisions within the international trading system. An excellent illustration of that is the fact that the so-called international law which governed the conduct of nations on the high seas was nothing else but European law. Africans did not participate in its making, and in many instances, African people were simply the victims, for the law recognized them only as transportable merchandise. If the African slave was thrown overboard at sea, the only legal problem that arose was whether or not the slave ship could claim compensation from the insurers! Above all, European decision-making power was exercised in selecting what Africa should export – in accordance with European needs.”

“It is not realistic to put legal constraints on war powers. Law works through general prospective rules that apply to a range of factual situations. International relations and national security are too fluid and unpredictable to be governed by a set of legal propositions that command general assent secured in advance. Laws governing war make us feel more secure but they don’t actually make us more secure”

“The question that remains unanswered and keeps coming to the fore is ‘Are the punishment schemes for child sex and sexual abuse deterrent in nature? Amidst ongoing debates in most countries about capital punishment as human rights violation to be inflicted in rarest of rare cases, and those who have abrogated capital punishment from their list of penalties, there is a need to transcend all national and international boundaries, and bring Child sexual abuse/rape within the ambit of international legislators, and law enforcement agencies, with a drive to pilot child rights of protection of his/her body much beyond the prevalent inefficacious laws, devoid of collective consensus of the people.”