The Future of the International Legal Order, Volume 4: The Structure of the International Environment

The Future of the International Legal Order, Volume 4: The Structure of the International Environment

CYRIL E. BLACK
RICHARD A. FALK
Copyright Date: 1972
Pages: 656
https://www.jstor.org/stable/j.ctt13x15sb
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    The Future of the International Legal Order, Volume 4: The Structure of the International Environment
    Book Description:

    The issues of conflict management treated in this volume are relatively recent consequences of the scientific and technological revolution, and are in significant respects unprecedented in man's history: food distribution, population, ocean resources, air and water pollution. Such new global problems cannot be adequately solved except by international effort-effort that requires adjustments in the present international system.

    What adjustments arc practicable, and at least minimally necessary, are assessed by seventeen lawyers and specialists in international affairs. They approach the subject from two perspectives: the international legal aspects of man in his environment; and the institutions, agencies, and movements that must be further adapted to the rapidly changing needs of mankind.

    Contributors: Harold Lasswell, Mary Ellen Caldwell, Dennis Livingston, Howard J. and Rita F. Taubenfeld, L.F.E. Goldie. Leon Gordenker, John Carey, Hans Baade, Gidon Gotlieb, Richard B. Lillich, Joseph Nye, Donald McNemar, James Patrick Sewell, Gerald F. Sumida, Harold and Margaret Sprout.

    Originally published in 1972.

    ThePrinceton Legacy Libraryuses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These paperback editions preserve the original texts of these important books while presenting them in durable paperback editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

    eISBN: 978-1-4008-7307-4
    Subjects: Law

Table of Contents

  1. Front Matter
    (pp. i-iv)
  2. Foreword
    (pp. v-vi)
    Cyril E. Black and Richard A. Falk

    This series has been organized and edited under the auspices of the Center of International Studies, Princeton University, with the assistance of a grant from the Ford Foundation. The views presented in these volumes are those of the authors of the individual chapters, and do not necessarily represent those of the contributors as a group, of the Center of International Studies, or of the Ford Foundation.

    This volume completes the substantive aspects of this enterprise, and the arguments and interpretations set forth in the first four volumes will be presented to an international group of specialists in 1972 for their...

  3. Introduction
    (pp. vii-xiv)

    The issues of conflict management are in a sense as old as human societies and present new problems today primarily because of the destructiveness of modern weapons, but the issues with which this volume is concerned are relatively recent consequences of the scientific and technological revolution and are in significant respects unprecedented. Until the modern era states have been primarily concerned with national security, and even the most autocratic of traditional empires never exercised much direct authority at the local level where four-fifths or more of the population normally conducted its affairs. Until almost within memory of persons now alive,...

  4. Table of Contents
    (pp. xv-xvi)
  5. PART I. MAN AND HIS ENVIRONMENT
    • CHAPTER 1 Future Systems of Identity in the World Community
      (pp. 3-31)
      HAROLD D. LASSWELL

      The most conspicuous institutions of government and law in the world arena are the nation states and the transnational network of intergovernmental organizations. They affect and in turn are affected by the transnational political parties and pressure organizations that operate between official agencies and private groupings. The public order institutions of today’s world are not strong enough to provide even minimum security from the threat or fact of war.¹

      Our immediate problem is the examination of “identity.” The public order of nation states depends on many factors, among which the patterns by which individuals identify with such states play an...

    • CHAPTER 2 Population
      (pp. 32-67)
      MARY ELLEN CALDWELL

      In 1962, Sir Charles Galton Darwin, grandson of the great naturalist, speculated about the future of mankind inThe Next Million Years.¹ He admitted the essential irrelevance of that grandiose projection and the world remains indifferent to its pessimistic conclusions. He succeeded, however, in focusing attention upon the fact that human beings find it difficult to identify with their own unborn. The effects of this psychic inability in the human race are many. Among them is an unwillingness to accept a present responsibility for assuring a habitable environment for their children, to say nothing of their unconcern for their children’s...

    • CHAPTER 3 Science, Technology, and International Law: Present Trends and Future Developments
      (pp. 68-123)
      DENNIS LIVINGSTON

      The purpose of this chapter is to analyze the public policy issues and significant trends raised by developments in science and technology for international law over the next few decades.¹ The analysis is carried out by focusing on those activities in which international law plays a role that are the most open to influence from science and technology. Six such fields or management areas have been chosen: (1) international law; (2) conflict; (3) economic development; (4) human rights; (5) environmental alteration; (6) science and technology.

      These are the areas in which international law, through its rules and procedures, seeks to...

    • CHAPTER 4 Modification of the Human Environment
      (pp. 124-154)
      HOWARD J. and RITA F. TAUBENFELD

      Within the framework of “The Structure of the International Environment” and “The Future of the International Legal Order,” we take the question of modification of the human environment to relate to those changes in the natural environment, intended and inadvertent, made or makable by men, which have caused or may cause friction between groups large enough to create international tensions when problems arise between them. The need for and possibility of creating such modifications may also patently form the basis for international cooperation.

      Without the necessity or possibility of making sharp delimitations, there are, broadly, three types of modification of...

    • CHAPTER 5 The Management of Ocean Resources: Regimes for Structuring the Maritime Environment
      (pp. 155-247)
      L. F. E. GOLDIE

      The sea constitutes some 71 percent of the earth’s surface. It and its riches have always challenged or charmed men into seeking to gain a livelihood from it—frequently at great risk. From long before classical times sympathetic magic, religion, and law have regulated Man’s uses of the sea. Today, however, as never before, science, engineering, and available capital are permitting new exploitations of the maritime environment and new means of gaining wealth, respect, knowledge, adventure, and power. These new uses, no less than others which are now emerging or can be anticipated in the near future, can only be...

    • CHAPTER 6 Livelihood and Welfare
      (pp. 248-267)
      LEON GORDENKER

      The idea of international cooperation and law-making to improve and regulate human living and working conditions has an honorable, if rather recent history. In a formal sense it is widely accepted by governments and some important associated groups such as trade unions, and in a practical way it has led to innovations and useful activities at the international level.¹

      The desire and willingness to deal with living and working conditions as problems appropriate for action at the international level has given rise to and supports the existence of a bulky handful of active, special-purpose, universal-membership organizations, the oldest and perhaps...

    • CHAPTER 7 The International Legal Order on Human Rights
      (pp. 268-290)
      JOHN CAREY

      In order to understand today’s international legal order on human rights, it is necessary to retrace developments since World War I. Before that War the plight of individuals at the hands of their own governments was seldom considered the proper concern of other governments or peoples. The only exceptions were the rare instances when forcible “humanitarian intervention” was employed by some governments to rescue oppressed minorities.¹ The notion that the state’s relations with its own citizens concerned no one else was part of the concept of sovereignty; the state’s powers in its own territory were held to be absolute except...

    • CHAPTER 8 Individual Responsibility
      (pp. 291-328)
      HANS W. BAADE

      It is usually said that only sovereign states and, lately, international and supranational organizations are the “subjects” of international law—the former being the natural and the latter the artificial subjects of the international legal order. “Subject” is one of those curious terms that have directly contrary connotations depending on the context in which they are used. Etymologically and in classical legal parlance, the reference is to subordination, i.e., to a legal command (subiectus—thrown under). In grammar and in philosophy, on the other hand, the subject is not the subordinate but the dominant element.¹

      Classical international law managed to...

  6. PART II. STRUCTURES
    • CHAPTER 9 The Nature of International Law: Toward a Second Concept of Law
      (pp. 331-383)
      GIDON GOTTLIEB

      Law in international relations is unlike law in our domestic system. This has led to doubts about the “legal” quality of international law. These emanate, it will be argued, not from the nature of international law but rather from analyses in terms of only one concept of law. Far from being a “problem” area it will be shown that international law is a paradigm for legal ordering in a decentralized power system.

      Consideration of the nature of international law imports assumptions about the concept of law.¹ These assumptions currently rest on a number of dominant legal theories. The problem with...

    • CHAPTER 10 Domestic Institutions
      (pp. 384-424)
      RICHARD B. LILLICH

      That the role of domestic institutions in the prescription and application of international law has been an important one goes without saying. From the substantive standpoint, state practice, usually divined from foreign office documents conveniently if belatedly reprinted in various national digests, undoubtedly has been the major source of customary international law.¹ Judicial decisions of national courts, whether viewed as additional evidence of the practice of states or as an independent source of international law, also have had a significant effect upon its development.² From the procedural perspective, moreover, the foreign offices and national courts of the various states have...

    • CHAPTER 11 Regional Institutions
      (pp. 425-447)
      JOSEPH S. NYE

      The number and proportion of international regional institutions has been increasing, as shown in Table 1, but it is not clear what conclusions we should draw from this fact. In the opinion of Jean Rey, “the political life of the world is becoming less at the level of national states and more at the level of continents.”¹ Even Charles deGaulle has said that, “it is in keeping with the conditions of our times to create entities more vast than each of the European states.”² We shall argue, however, that there is not a clear trend toward regionalization of world politics...

    • CHAPTER 12 The Future Role of International Institutions
      (pp. 448-479)
      DONALD W. McNEMAR

      International institutions have become an accepted phenomenon in the contemporary international system. Although such intergovernmental organizations developed only after the Congress of Vienna, it is impossible to imagine the operation of international politics today without such structures. While states remain the primary actors in the contemporary world, international institutions provide an important arena for interaction and introduce a new set of participants into international politics. These institutions represent an important variable in the international system, and therefore, raise the significant question of what will be their function and impact in the future.

      One indication of the increasing relevance of international...

    • CHAPTER 13 Functional Agencies
      (pp. 480-523)
      JAMES PATRICK SEWELL

      Suppose, for the moment, that an historic planetary disjuncture had led to reconsideration of various schemes for structuring an international system as yet unexperienced on earth. What would determine the blueprint actually wrought from these individual proposals? How might the divergence of reality from design best be explained? How could the observer then account for its subsequent evolution? And how could he estimate or even affect the future?

      The value preferences of those who advanced their outlines for the new world to follow World War II may be expressed as security, autonomy, well-being, and community.Security(order, stability, mutual defense...

    • CHAPTER 14 Transnational Movements and Economic Structures
      (pp. 524-568)
      GERALD A. SUMIDA

      International law may be regarded essentially as one of the most important means by which participants in the world social process seek to allocate fundamental values in order to attain an optimum maximization of the interests of both the world community and of the various participants.¹ It is now clear that, in addition to states and international organizations, these participants include transnational pressure groups, political parties and private associations—which are often elements in broader transnational movements—and the individual human being. Of the transnational private associations, the multinational business enterprise has only recently been recognized as one of the...

    • CHAPTER 15 The Ecological Viewpoint—and Others
      (pp. 569-606)
      HAROLD and MARGARET SPROUT

      In their general introduction in Volume One, the editors stated certain presuppositions that guided their planning of this inquiry on the future of the international legal order. They said, in part:

      A serious concern with the future of the international legal order needs to begin with a clear distinction between what is feasible and what is desirable. It is in the spirit of delimiting the domain of what is feasible that we find that the sovereign state is here to stay for the rest of the century. More specifically, states will retain predominant command over human loyalties and physical resources...

  7. Index
    (pp. 607-637)
  8. Back Matter
    (pp. 638-640)