Redefining instruments of power. International law – vector in promoting global security and stability

Pandea Adrian — Mon, 05 Dec 2022 09:47:56 +0000

International law has more often than not been conceptualized in a Kelsian manner, meaning that the legal apparatus should, in fact, be apolitical in content, and that its ontological reflexes should be based on purely normative thought, resulting in a deification of the law, as a supreme guarantor of order. This approach is invalidated by the social realities of politics and all forms of social interaction. The law must be viewed as infused with content by its creators, i.e. states, international organizations, international courts, and so on. This in turn brings into focus questions of national interest and power politics. The scientific approach is unique because it is antithetic in nature, and takes into account the conceptual frailty of international law, as a result of the constitutional traditions of European countries, drenched in a sense of post-colonial nostalgia of Westphalian reflexes, making it detestable to the power politics of what exists beyond The Western World. Seriatim, this has generated the weaponization of the law and a bending of normative interpretations to serve expansionist-type interest, whether they are territorial, economic or cultural in nature.

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Redefining instruments of power. International law – vector in promoting global security and stability