International Law Under Attack by Geostrategic Tensions Between World’s Leading Nations

Topical Issues Problems of Modern Law and Economics in Europe and Asia, Vol II, 2018

12 Pages Posted: 12 Oct 2018

See all articles by Stephan Breu

Stephan Breu

Johann Heinrich Pestalozzi Christian University Inc.; Kutafin Moscow State Law University; Universidad Complutense de Madrid - Grupo CONCILIUM; Faculdade Interativa de São Paulo - FAISP; Faculdade do Bico do Papagaio - FABIC; Swiss Centre for International Humanitarian Law; Legal Forum Cannes

Date Written: September 18, 2018

Abstract

In recent times we have noticed more and more actions of major geopolitical players seeking to waive International Law as not binding if it contradicts their own aims. Through acts of war against other sovereign nations, annexation of land through hybrid warfare, or one-sided abandonment of signed treaties under International Law, these actors are pushing the cooperation between nations towards a difficult position.

The concept of “Humanitarian Interventions” is misused to initiate regime changes or to pursue otherwise unacceptable geopolitical goals and to evade the non-intervention norm and legal prohibitions on the use of force. With ethical and moral arguments, one tries to cover the breach of law if sovereign nations are attacked through bombings and signed and sanctioned treaties are abandoned by one-side without resilient reasons. The behavior neglects existing law and regulations and falls back on the “Power of the stronger” concept before the Treaty of Westphalia”.

As outlined in the Charter of the United Nations, any decision to use force against another UN-member and sovereign nation should rest exclusively with the United Nations Security Council. This has even to take into account the problems of blocked decisions, as there is no reliable other moral agent that could take such drastic decision to interfere with a sovereign nation.

Keywords: International Law, Humanitarian Intervention, International Humanitarian Law

Suggested Citation

Breu, Stephan, International Law Under Attack by Geostrategic Tensions Between World’s Leading Nations (September 18, 2018). Topical Issues Problems of Modern Law and Economics in Europe and Asia, Vol II, 2018, Available at SSRN: https://ssrn.com/abstract=3252501

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