Indian Journal of Society and Politics

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Changing Dynamics of International Law in Post Cold War Era


Affiliations
1 Department of Political Science, University of Allahabad, U.P., India
 

The aim of this paper is to evaluate new challenges to development of International Law in Post-Cold War period. It is contended that some great opportunities have been opened for rapid progress of International Law due to Global interdependence in economic, technological sectors and global impact of Environmental Pollution. The paper will discuss theoretical implications of crystallization of amorphous contents of International Law in the light of Realist, Liberal and Constructivist Theory. The paper will also challenge the extremity regarding existence of sovereignty in International Relations. It is stated that more focus need to be on divergences and convergences in interests of individual states and humanity in light of threat of technological destruction and environmental pressure. The paper will focus on the impact of hegemonic actor on functioning of International Law. The dynamics of Nuclear Proliferation and its role in distribution of power among major players will also be briefly discussed. The large scale damage to life and property in form of civil wars and genocides will be briefly evaluated to understand if there is any progress in sanctity attached to each and every human life in real conduct of international relations.

Keywords

Crystallization of International Law, Relative Universality of Law, Amorphous Nature of International Law, Hegemonic Dictation of Policy, Limits of Sovereignty, Technological Exploitation of Law, Natural Law, Constructivism, Ecological Critique of International Law, Non-State Actors.
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  • Clapham, Andrew (2012): Brierly’s Law of Nations: An Introduction to the Role of International Law in International Relations, Seventh Edition, Oxford University Press.

  • Deplano, Rossano(2015): The Strategic use of International Law by the United Nation Security Council: An Empirical Study (Springer).

  • Held, David: The Changing Structure Of International Law: Sovereignty Transformed (https://www.polity.co.uk/global/pdf/GTReader2e Held.pdf)

  • Jennings, Robert & Watts, Arthur KCMGQC(Editor): Oppenheim’s International Law: Vol I Peace Ninth Edition, Oxford University Press.

  • Johnson, Stanley: UNEP The first 40 Years: A Narrative 2012 (https://www.unep.org/pdf/40thbook.pdf) Kapoor, S. K. (2009): International Law And Human Rights ,17th Edition, Central Law Agency.

  • Mozley, Robert F. (1998): The Politics And Technology of Nuclear Proliferation, University OF Washington Press.

  • Shaw, M. N. (2008) : International Law, 6 th Edition, Cambridge University Press.

  • Shearer, I. A. (2007): Starke’s International Law, 11th Edition, Oxford University Press.

  • Waltz, Kenneth N. (2001): Man, The State and War: A Theoretical Analysis, Columbia University Press.

  • Zehfuss, Maja (2002): Constructivism in International Relations: The Politics Of Reality, 1st Edition, Cambridge University Press.

  • United Nations Security Council Resolution 1441 (2002); (https://www.un.org/Depts/unmovic/documents/14 41.pdf).


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  • Changing Dynamics of International Law in Post Cold War Era

Abstract Views: 260  |  PDF Views: 4

Authors

Tripuresh Pathak
Department of Political Science, University of Allahabad, U.P., India

Abstract


The aim of this paper is to evaluate new challenges to development of International Law in Post-Cold War period. It is contended that some great opportunities have been opened for rapid progress of International Law due to Global interdependence in economic, technological sectors and global impact of Environmental Pollution. The paper will discuss theoretical implications of crystallization of amorphous contents of International Law in the light of Realist, Liberal and Constructivist Theory. The paper will also challenge the extremity regarding existence of sovereignty in International Relations. It is stated that more focus need to be on divergences and convergences in interests of individual states and humanity in light of threat of technological destruction and environmental pressure. The paper will focus on the impact of hegemonic actor on functioning of International Law. The dynamics of Nuclear Proliferation and its role in distribution of power among major players will also be briefly discussed. The large scale damage to life and property in form of civil wars and genocides will be briefly evaluated to understand if there is any progress in sanctity attached to each and every human life in real conduct of international relations.

Keywords


Crystallization of International Law, Relative Universality of Law, Amorphous Nature of International Law, Hegemonic Dictation of Policy, Limits of Sovereignty, Technological Exploitation of Law, Natural Law, Constructivism, Ecological Critique of International Law, Non-State Actors.

References