Abstract
Like all areas of law, international law is a living organism that changes
constantly. However, international law has another unique feature, notably
that of sovereign states. States should co-exist and co-operate, but every
state seeks to retain its sovereignty and thus, conflict is always possible in
international law. Moreover, sovereign states are required to cope with the
various conditions and problem areas arising in international society. One
major example from the previous century is the use of nuclear weapons and
how it was regulated under international law.1 All these changes require
amendments of the existing international legal instruments. Such
amendments can be quite challenging, since international law does not
evolve as rapidly as changes occur.2 Accordingly, international law should
adapt to global conditions and not vice versa. This statement is a challenge
to lawyers, but it also conceals an important truth—international law should
move towards addressing changes experienced by its constituents. The
globalization of many areas of law, such as financial markets or commercial
relations, demands a strong representation in international law at this level.3...
constantly. However, international law has another unique feature, notably
that of sovereign states. States should co-exist and co-operate, but every
state seeks to retain its sovereignty and thus, conflict is always possible in
international law. Moreover, sovereign states are required to cope with the
various conditions and problem areas arising in international society. One
major example from the previous century is the use of nuclear weapons and
how it was regulated under international law.1 All these changes require
amendments of the existing international legal instruments. Such
amendments can be quite challenging, since international law does not
evolve as rapidly as changes occur.2 Accordingly, international law should
adapt to global conditions and not vice versa. This statement is a challenge
to lawyers, but it also conceals an important truth—international law should
move towards addressing changes experienced by its constituents. The
globalization of many areas of law, such as financial markets or commercial
relations, demands a strong representation in international law at this level.3...
Original language | English |
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Article number | 23 |
Pages (from-to) | 729-758 |
Number of pages | 30 |
Journal | Seattle Journal of Social Justice |
Volume | 19 |
Issue number | 3 |
Publication status | Published - 1 May 2021 |