44
i n t e r nat i o na l l aw
respect for the sovereignty of states and for human rights.
2
There are
several instances of how modern developments demand a constant reap-
praisal of the structure of international law and its rules.
The scope of international law today is immense. From the regulation
of space expeditions to the question of the division of the ocean floor, and
from the protection of human rights to the management of the interna-
tional financial system, its involvement has spread out from the primary
concern with the preservation of peace, to embrace all the interests of
contemporary international life.
But the
raison d’ˆetre
of international law and the determining factor in
its composition remains the needs and characteristics of the international
political system. Where more than one entity exists within a system, there
has to be some conception as to how to deal with other such entities,
whether it be on the basis of co-existence or hostility. International law
as it has developed since the seventeenth century has adopted the same
approach and has in general (though with notable exceptions) eschewed
the idea of permanent hostility and enmity. Because the state, while in-
ternally supreme, wishes to maintain its sovereignty externally and needs
to cultivate other states in an increasingly interdependent world, it must
acknowledge the rights of others. This acceptance of rights possessed by
all states, something unavoidable in a world where none can stand alone,
leads inevitably to a system to regulate and define such rights and, of
course, obligations.
And so one arrives at some form of international legal order, no mat-
ter how unsophisticated and how occasionally positively disorderly.
3
The
current system developed in the context of European civilisation as it
progressed, but this has changed. The rise of the United States and the
Soviet Union mirrored the decline of Europe, while the process of de-
colonisation also had a considerable impact. More recently, the collapse
of the Soviet Empire and the Soviet Union, the rise of India and China
as major powers and the phenomenon of globalisation are also impact-
ing deeply upon the system. Faced with radical changes in the structure
of power, international law needs to come to terms with new ideas and
challenges.
2
See below, chapter 20.
3
For views as to the precise definition and characteristics of the international order or system
or community, see G. Schwarzenberger and E. D. Brown,
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