By Thomas M. Franck
Even if there's no overseas govt, and no international police organization enforces the foundations, countries obey overseas legislations. during this provocative learn, Franck employs a wide variety of ancient, felony, sociological, anthropological, political, and philosophical modes of research to resolve the secret of what makes states and other people understand ideas as valid. Demonstrating that almost all countries obey such a lot ideas the majority of the time, Franck unearths that the extra valid legislation and associations seem to be, the larger is their skill for compliance. Distilling these elements which raise the notion of legitimacy, he indicates how a neighborhood of principles might be shaped from a procedure of sovereign states with out making a international leviathan.
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Example text
His admirable purpose is to ensure that international "law" is taken seriously, the way one ordinarily takes national and local law. But to secure this objective, D'Amato is forced to some rather disputable descriptive assertions. g. " We might rejoin, however, that such a similarity is outweighed by striking dissimilarities. For one, domestic criminals have a reasonable prospect of being caught by the police, and, it is generally believed, this inhibits some prospective law breakers from pursuing their perceived self-interest, whereas no such inhibitions operate at the global level because there are no police and because the "law" breakers have the advantage of private armies to a degree undreamed of by the most expansive gangland capos.
Instead, most of the few philosophers and writers who set out to analyze the teleology of international law—that is, who search for the ultimate direction of the stream of international normative behavior—struggle mightily to prove Austin wrong and to demonstrate that international "law" is law. " D'Amato's point is that international "law" is not really as different from domestic law as Austin thought, since the 30 The Power of Legitimacy Among Nations former is neither as unenforced nor the latter as enforced—or as dependent on police enforcement—as Austinian analysis might lead us to expect.
Philosophers reconcile it with liberty and theologians demonstrate its compatibility with conscience. Bureaucrats pretend they have it and politicians wish they did. Everyone agrees that there is less of it than there used to be. John H. Schaar* In their external relations, sovereigns are bound by no law; they are like our ancestors before the recognition or imposition of the social contract. A prerequisite of law is a superior authority whether delegated from below or imposed from above—where there is no recognized authority, there is no law.