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Quote by Richard A. Falk

“America is perhaps best viewed as an 'authoritarian democracy' within its own territory and as 'a global state' of a new kind when considered internationally.”

Quote by Richard A. Falk

Author

Richard A. Falk

Richard A. Falk is a renowned international law scholar, born on November 13, 1930. He has extensive research and teaching experience in the fields of international law and international relations. more

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“Historically, international law lent a measure of legality to the colonial system, and allowed the West to set the rules for participation as a sovereign state on a global level. It also protected the interests of foreign investment in countries of the global South even when these were exploitative, and deprived countries of the benefits of resources situated within their territories.”

Country States Law Interest Levels Benefits Resources West Investment South International Territory Protected Sovereign Participation Deprived International Law Legality

Author:Richard A. Falk

“The idea of self-determination was gradually given credibility by international law, and it lent strong emancipatory support to movements of liberation struggling against a West-centric world order. Latin American countries used international law creatively, both to limit the protection of foreign investment by establishing the primacy of national sovereignty in relation to natural resources, and by building support for the norm on non-intervention in internal affairs.”

“Both Israel and the United States have mounted attacks on 'lawfare', that is, counter-hegemonic uses of international law to question policies associated with the occupation of Palestine and criminal tactics of warfare.”

States Use Law United United States Policy International Israel Criminals Occupation Warfare Palestine Tactics International Law

Author:Richard A. Falk

“Human rights and international criminal law both illustrate the contradictory potential of international law. On one level, the imposition of human rights norms is a restraint on interventionary diplomacy, especially if coupled with respect for the legal norm of self-determination. But on another level, the protection of human rights creates a pretext for intervention as given approval by the UN Security Council in the form of the R2P (responsibility to protect) norm, as used in the 2011 Libyan intervention. The same applies with international criminal accountability.”

“In most of Pakistan it is a feudal country. People are very scared and oppressed by authority. But when you move to these wilder areas, they are not so easily suppressed.”

People Country Moving Authority Areas Scared Oppressed Pakistan Wilder

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“In the Goldstone Report, Israeli perpetrators of possible crimes against humanity were made subject to prosecution and punishment, although the geopolitical leverage of the United States within the UN prevents implementation. At the same time, several African leaders are being prosecuted for their crimes against humanity and participation in genocide: a double standard of sorts, given the impunity accorded to the West and Israel.”

“There was a deliberate decision after the failure of the League of Nations to make the next attempt to establish a global political actor sensitive to geopolitical realities. The underlying idea was to provide major states, defined in 1945 by reference to the winners in the Second World War (now an anachronism), with assurance that they could take part in the UN without jeopardising their national interests. In this regard, the UN has succeeded, as none of the big countries has withdrawn, and the Organisation has managed to achieve virtually universal membership of all sovereign states.”

“As matters now stand, the veto seems inappropriate, given the absence of any deep ideological split between major states, and definitely constrains the war-prevention mission of the UN. Similarly, the present permanent five are out of touch with geopolitical realities, and constitute a remnant of a West-centric world order, casting a shadow of illegitimacy across the activities of the most important organ of global policymaking in the UN System.”

“To achieve effectiveness and legitimacy it is time to scrap the right of veto given to permanent members of the UN, or at least severely restrict its use. It is also time to either abandon the idea of permanent membership or broaden it to reflect the rise of non-Western states to the status of global leaders (e.g. Brazil, India, Indonesia, Turkey, South Africa), and to downgrade European representation by either giving the European Union a single seat or rotating a European state among Germany, France, UK, and Italy.”

“International law in its counter-hegemonic uses is very important in any domain where issues of legitimacy are significant, but is rarely able to have a corresponding behavioural impact.”

Important Use Able Law Issues Impact International Significant Domain Legitimacy Corresponding International Law

Author:Richard A. Falk