June 11, 2013

The Capability and Necessity of International Law

Introduction
The purpose of structured government is to take an otherwise chaotic situation the state
and make it a formal structure, with the ability to create and ensure laws are followed, set forth
policy and process, and allow for civilized customs to follow. The world has no central
government. This makes the idea of creating and enforcing international law, and creating a
formal structure about it without a sole sovereign authority a challenge. Realism and liberalism,
as told by such authors as Kant and Morgenthau, and interdependence and the economy, as told
by Waltz and Ratner help to explain how international law comes to be. Ratner also helps to
explain the structure of international law. Criminals of war, basic human rights, and slave trade
are a few items that necessitate international law. The question comes down to how we must
enforce international law, and whether the capacity to fairly enforce these laws is possible.
International Law
Realism and Liberal Idealism. The ideals of realism and liberalism to explain times of
war and times of peace go a long way in explaining how a system of international law came to
be. Under liberal idealism, in its promotion of cooperation, with the ultimate goal being peace,
international relations based on Kants three principles come to form the basis of international
law. In Perpetual Peace, Kant explains the reasoning behind nations cooperating and remaining
peaceful. His three principles include reciprocity, the democratic peace theory, and trade between
states promoting peace. The democratic peace theory asserts that democratic nations tend to
remain peaceful and are less likely to engage in armed conflict with one another.1 Nations such
as these are likely to enter into legally binding, codified treaties with one another that benefit
1 Kant, Immanuel. Perpetual Peace. New York: Columbia UP, 1939. Print.

parties involved in reciprocity to promote trade, remove barriers, or simply agree not to fight.
Realists would argue and possibly scorn the peace-keeping ideals of international law, and even
reject that such law could exist outside a state sanctioning system. Cold War politics only seemed
to reinforce this perspective.2
Interdependence and the Economy. Interdependence and economic interest play a strong role
in international law. Interdependence, when states become dependent on one another for different
resources offered, brings peace and limits the use of force.3 With interdependence, the value of
remaining peaceful rises, along with the cost of war, making countries less likely to fight. In a
realism sense, with states looking out for their own interests, the economic benefits of remaining
peaceful becomes what is actually best for the state. The economic factors promoting peace
encourages the politics of a country to center around economic benefits. Economic interest
become so strong that markets begin to replace politics at home and abroad. Countries wanting
to build their economy are forced to conform to certain policies, including balanced budgets,
economic deregulation, openness to investment and trade, and a stable currency.4 Globalization,
then, becomes a must, rather than a choice. Economically, countries are made to conform to the
ways of more successful countries, particularly northern countries. The more interdependence
states have, the stronger the need becomes for international law. The US is believed to provide a
system of management, leading the way in globalization.
Structure of International Law

2 Ratner, Steven. "International Law: The Trial of Global Norms." Foreign Policy 110
(1998): 65-80. Print.
3 Keohane, Robert O., and Joseph S. Nye. Power and Interdependence. Glenview, IL:
Scott, Foresman, 1989. Print.
4 Waltz, Kenneth. "Globalization and Governance." Political Science and Politics 32.4
(199): 693-700. Print.

The structure of international law is a complex thing to try to understand. It begs many
questions, such as where to try criminals that commit human rights atrocities and regulation of
transnational environments, among others. The problems that arise are making laws legitimate
between states, and making laws stick with no single sovereign authority. The mission of
international law is to enhance the stability of international peace, the protection of the rights of
man, and reduce the evils and abuses of national power.5 Since the end of the Cold War, it is
more feasible that nations may coordinate and develop such global and regional treaties outside
their own state as NAFTA. Traditionally, international law was conducted through such things as
treaties and customary law, and now, with new widespread technologies, soft law.6
Reason For International Law
There are reasons for international law aside from interdependence and economic purpose that
require international policy and agreements. These are situation that require international
criminal law, including global slave trade, human trafficking, and war criminals. In the case of
the slave trade, the liberal point would be to end it for moral means, but by a realists standpoint,
there is still reasoning to end the slave trade: unpunished human traffickers are bypassing and
damaging the international economic system. Governments need to be able to stop this. Most
slaves in the trade are women, many under 18. 43% are used for sex, 32% unpaid labor, and the
rest are used for both sexual and economic services. The slave trade is very profitable, and
slavers are able to pay off government officials and police. Evidence of this has been seen in
Cambodia and Myanmar, among other countries. Policy has been passed to try and address
human trafficking, including the Protocol to Prevent, Supress, and Punish Trafficking in Persons,
Especially Women and Children in 2000 by the UN General Assembly to supplement the
5 Hersch Lauterpacht
6 Ratner, Steven. "International Law: The Trial of Global Norms."

Convention Against Transnational Organized Crime. The US has passed the Trafficking Victims
Progression Act (TVPA).7
Enforcement
Enforcement of international law is a final challenge. Trying international criminals is another
challenge, in terms of location and punishment. Organizations are set up to maintain treaties and
trade. For example, the WTO enforces free trade and settles disputes. The United Nations is set
up to maintain international peace and security. While there is an international criminal court,
some cases of genocide or war acts are heard in domestic courts, as was the case when the
former Chilean dictator was tried in a Spanish court.8 In the case of human trafficking, after the
passing of the TVPA in the US, sex trafficking has been cracked down on. The problem remains,
however, that there is no punishment for countries failing to act against human trafficking. The
US could impose sanctions and block foreign aid and military assistance, but as it happens,
noncompliant states include big oil countries, allies, and great powers, such as Russia and China.
The slave trade will only come to an end when a few key states muster the will to use force to
liberate the victims.9
Conclusion
The degree that laws are capable of bettering international policy problems, in terms of economic
and trade matters, is high and noticeable. By following processes and policies established by
successful countries, countries wishing to gain economically have no choice but to conform to
their practices in order to trade internationally. These laws, in treaties and customary practices,
are necessary in achieving the ends of peaceful international trade. They allow for predictability
through a singular, reliable system with fair trade and currency exchange. This globalization,
7 Kapstein, Ethan B. "The New Global Slave Trade." Foreign Affairs (2006): Print.
8 Ratner, Steven. "International Law: The Trial of Global Norms."
9 Kapstein, Ethan B. "The New Global Slave Trade.

however, may not be completely fair, as a legitimacy problem is posed. The US and other large
bodies are in a position to impose their own agenda. The sheer size and power of large countries
enable them to muscle their domestic ideals into international politics. The US has the power to,
and has attempted to, make the UN keep their sanctions in place. The US is also able to defy
international standards with little fear of sanction.10
In the criminal sense, establishing laws may not be capable of bringing about an ends to
global atrocities and human rights violations. Based on the above Kapstein quote, the laws arent
enough due to the noncompliance of states. From a strong realism viewpoint, the liberal idea of
complete international cooperation through peace will simply not work. An end to trafficking
will not be brought about by laws if powerful states arent willing to use force to eliminate
traffickers and free the victims. The capability may be little, but may be improved by stronger
laws, if the laws can be made to be enforced. The laws are necessary, but pointless if not
enforced.

10 Ratner, Steven. "International Law: The Trial of Global Norms."