There is a long history of major powers using international law against other states but not complying with it themselves , and even reinterpreting or making new multilateral rules to further their geopolitical and economic interests . The same unilateralist approach is followed by China and USA in international relations to rein in the weaker states.
The 1980s Nicaraguan case in ICJ against USA for supporting the contras in their insurrection against the Nicaraguan government and for mining the Nicaragua’s harbours clearly reveals how USA , by using its might in premier institutions had been successful in escaping the procedures and ignored the very rule of law..Even after held guilty by the ICJ , USA blocked the judgement enforcement by the UNSC , preventing Nicaragua from obtaining any compensation.
Its international invasions in various forms like that in Iraq and Afghanistan under the watchword “ you are either with us or against us “ has led to a staggering cost in blood and treasure , its mass surveillance programs , cyber warfare , drone attacks , regime change (in Libya through military intervention ) all do reveal its hagemony in world politics.
USA’s refusal to join critical international treaties like 1982 UNCLOS , 1997 UNConvention on the law of the non – navigational uses of international water courses and 1988 ICC Statute is the part of its foreign policy even though it seeks to draw benefits from UNCLOS , including freedom of navigation of the seas.
Recently , USA’s despicable treatment to a New York based Indian Diplomat on a wage dispute between her and her domestic help epitomize its unilateralist approach in implementing international conventions which it interprets restrictively at home but liberally overseas so as to shield even the spies and the contractors it sends (example : CIA contractor Raymond Davis case )
China’s declaration on Nov. 23 , 2013 of an air defence identification zone (ADIZ) extending to territories it does not control highlights its approach in international relations.China , like USA declined to join the treaties like ICC Statute and Convention on the law of the Non navigational uses of international water courses. Indeed it ratified UNCLOS only to reinterpret its provisions and unveil a nine – dashed claim line in the south china sea and draw enclosing baselines around the Japanese controlled Senkaku Islands in the east china sea. Worse still , China has refused to accept the UNCLOS dispute settlement mechanism to resolve its territorial claims in , say , the South China Sea, more than 80% of which it now claims arbitrarily.
Beijing refused to participate in the proceedings against it in the International Tribunal For The Law Of The Sea( ITLOS) filed by Phillipines for annexing the Scarborough and the Thomas Shoal in 2012.
So , this is how major powers twist international laws and bypass international institutions for their interests and hagemony over weaker states. The major powers are rule makers and rule imposers , not rule takers. Universal conformity to a rules – based international order still seems distant.
Article by Anjali Singh
Reproduced from www.thehindu.com
The 1980s Nicaraguan case in ICJ against USA for supporting the contras in their insurrection against the Nicaraguan government and for mining the Nicaragua’s harbours clearly reveals how USA , by using its might in premier institutions had been successful in escaping the procedures and ignored the very rule of law..Even after held guilty by the ICJ , USA blocked the judgement enforcement by the UNSC , preventing Nicaragua from obtaining any compensation.
Its international invasions in various forms like that in Iraq and Afghanistan under the watchword “ you are either with us or against us “ has led to a staggering cost in blood and treasure , its mass surveillance programs , cyber warfare , drone attacks , regime change (in Libya through military intervention ) all do reveal its hagemony in world politics.
USA’s refusal to join critical international treaties like 1982 UNCLOS , 1997 UNConvention on the law of the non – navigational uses of international water courses and 1988 ICC Statute is the part of its foreign policy even though it seeks to draw benefits from UNCLOS , including freedom of navigation of the seas.
Recently , USA’s despicable treatment to a New York based Indian Diplomat on a wage dispute between her and her domestic help epitomize its unilateralist approach in implementing international conventions which it interprets restrictively at home but liberally overseas so as to shield even the spies and the contractors it sends (example : CIA contractor Raymond Davis case )
China’s declaration on Nov. 23 , 2013 of an air defence identification zone (ADIZ) extending to territories it does not control highlights its approach in international relations.China , like USA declined to join the treaties like ICC Statute and Convention on the law of the Non navigational uses of international water courses. Indeed it ratified UNCLOS only to reinterpret its provisions and unveil a nine – dashed claim line in the south china sea and draw enclosing baselines around the Japanese controlled Senkaku Islands in the east china sea. Worse still , China has refused to accept the UNCLOS dispute settlement mechanism to resolve its territorial claims in , say , the South China Sea, more than 80% of which it now claims arbitrarily.
Beijing refused to participate in the proceedings against it in the International Tribunal For The Law Of The Sea( ITLOS) filed by Phillipines for annexing the Scarborough and the Thomas Shoal in 2012.
So , this is how major powers twist international laws and bypass international institutions for their interests and hagemony over weaker states. The major powers are rule makers and rule imposers , not rule takers. Universal conformity to a rules – based international order still seems distant.
Article by Anjali Singh
Reproduced from www.thehindu.com
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