Scope of International Law

Paper Summary:

In this article, the writer notes that in the current changing paradigm of increasing globalization, the proliferation of non-government organizations, and the growing activities of multinationals, the scope of international law has become much broader. The writer points out that the jurisdictional and protective reach of international law now extends far beyond traditional state-to-state interactions to international organizations as well as individuals. This paper looks at the background of the expanding scope of international law. The writer then discusses some of the challenges, benefits and trade-offs that such a growing reach of international law necessarily brings.

Outline:
The Expanding Scope of International Law
Challenges
Benefits
Trade-Offs
Works Cited

From the Paper:

"International law is often perceived to encroach upon domestic sovereignty of nation-states. Most governments are jealously protective of their sovereignty and consider any international law that conflict with their domestic laws as unwanted intrusion in their internal affairs. It is, however, noticeable that the most fervent opposition to a more widespread implementation of international law comes from coercive, dictatorial regimes such as China, Russia, and the military regime of Burma governments who do not like to adhere to civilized norms of behavior, particularly in the treatment of their own people. Even a number of democratic countries, such as the United States are only supportive of international law as long as it serves their narrow national interest. Hence, the biggest challenge to extending the scope of international law beyond its traditional boundaries is to devise and implement it in such a way that it does not conflict with domestic laws and does not threaten sovereignty of nations. "

Sample of Sources Used:

• Hathaway, Oona A. "Two Cheers for International Law." The Wilson Quarterly Autumn 2003: 50+.
• "International law." The Free Dictionary. 2008. January 14, 2008. <http://legal-dictionary.thefreedictionary.com/international+law>
• Kissinger, Henry. "The Pitfalls of Universal Jurisdiction: Risking Judicial Tyranny." Foreign Affairs. July/August 2001. January 14, 2008. <http://www.globalpolicy.org/intljustice/general/2001/07kiss.htm>
• Mcwhinney, Edward. "1. Shifting Paradigms of International Law and World Order in an Era of Historical Transition." International Law in the Post-Cold War World: Essays in Memory of Li Haopei. Ed. Sienho Yee and Wang Tieya. London: Routledge, 2001. 3-17.
• Ratner, Steven R. "International Law: The Trials of Global Norms." Foreign Policy Spring 1998: 65+.

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