The Legal Community of Mankind: A Critical Analysis of the Modern Concept of World Organization

The Legal Community of Mankind: A Critical Analysis of the Modern Concept of World Organization

The Legal Community of Mankind: A Critical Analysis of the Modern Concept of World Organization

The Legal Community of Mankind: A Critical Analysis of the Modern Concept of World Organization

Excerpt

The purpose of the present study is to analyze the concept which has made a scheme of international organization along the lines of the League of Nations or United Nations, generally appear as a plausible and normal solution of the problem of universal peace. Such an analysis seems to be an indispensable condition of clarifying current thinking on the question of international organization.

The world organization now in existence -- the United Nations -- is based on the idea that universal law and order can be preserved through an association of independent states. "To save succeeding generations from the scourge of war," the United Nations have undertaken "to unite [their] strength to maintain international peace and security." Peace and security cannot be maintained, however, by force alone; satisfactory economic and social conditions seem to be required if the peoples of the world are to live together peacefully. Accordingly, this organization is also designed "to promote social progress and better standards of life." Thus the United Nations organization has been given tasks similar to those which normally are performed by the various national states in their respective spheres of authority. For in the national community the state is concerned with the maintenance of peace among the citizens and the promotion of their welfare.

A state cannot exist without a legal order; it is a legal community. When the United Nations Charter was adopted, it was presumed that the whole world was governed by a global law and that, therefore, mankind constituted a global legal community. But in the past the law of this community had not been effective. Mankind had been divided by political struggles between states, and these struggles and the wars in which they culminated, rather than respect for law and order, had characterized the global . . .

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