Beyond Confrontation: International Law for the Post-Cold War Era

By Lori Fisler Damrosch; Gennady M. Danilenko et al. | Go to book overview

tive and judicial supervision.119 Throughout the world, as the environmental impact of transnationals becomes more urgent -- and more transborder -- it should become even clearer that only through international status, supervised by international agencies and international tribunals, can the problems of transnationals be adequately addressed.

The main obstacle is that, so far, almost all relevant parties have opposed international personality for transnational enterprises. While international legal status for individuals is threatening enough to state sovereignty, most states, developing countries in particular, are likely to view such a development as over-empowering the very entities, corporations, that are already overly powerful. Perhaps the present gridlock can be broken by the formerly socialist states, which are in the process of reexamining their own relationships to transnationals, given their need and desire for development, as well as their growing awareness of the fragility of their own environments. Only five years ago a Soviet legal theorist could state: "It is certainly not mere chance that various attempts to recognize international personality of [transnational enterprises] are connected with either negation of or of diminishing the part of sovereign States in the international field. And this contradicts the progressive trends of modern international law development."120 Today, these "progressive trends" and notions of sovereignty are, perhaps, ready for reexamination.


IV. Conclusion

With the end of the Cold War, the replacement of one superpower with numerous new states, and the substitution of the threat of global military conflict with the reality of worldwide economic competition, international law is truly at a crossroads. Whether it takes the path of stability or the path of expansion, whom it recognizes as participating members of the new international legal order will eventually shape almost every realm of doctrine and practice, from sources of law to substantive norms, from international economic law to the law of the sea and outer space, to international dispute resolution.


Notes
1
The phrase is derived from' the Peace of Westphalia ( 1648), which ended the Thirty Years War and led to the era of the nation-state. See Falk, The Interplay of Westphalia and Charter Conceptions of International Legal Order, in THE FVTVRE OF THE INTERNATIONAL LEGAL ORDER 43 ( R. Falk & C. Black eds. 1969).
2
In the United States, the traditional treatment is followed in, inter alia, RESTATEMENT (THIRD) OF THE FOREIGN RELATIONS LAW OF THE UNITED STATES, §§

-82-

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Beyond Confrontation: International Law for the Post-Cold War Era
Table of contents

Table of contents

  • Title Page iii
  • Contents v
  • Preface vii
  • Notes xx
  • Acknowledgments xxiii
  • About the Editors and Contributors xxv
  • 1 - The Role of International Law In the Contemporary World 1
  • Notes 19
  • 2 - Consent and the Creation Of International Law 23
  • Notes 53
  • 3 - Participants in International Legal Relations 61
  • Notes 82
  • 4 - Legal Regulation of the Use of Force 93
  • Notes 134
  • 5 - International Cooperation Against Terrorism 141
  • Notes 158
  • 6 - Stability in the Law of the Sea 165
  • Notes 183
  • 7 - Enviornmental Law 193
  • Notes 217
  • 8 - Tensions in the Development Of the Law of Outer Space 225
  • Notes 257
  • 9 - International Human Rights 275
  • Notes 299
  • 10 - Peaceful Settlement of Disputes Through the Rule of Law 309
  • Notes 332
  • About the Book 335
  • Index 337
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