60
i n t e r nat i o na l l aw
McDougal’s work and that of his followers emphasises the long list of
values, interests and considerations that have to be taken into account
within the international system by the persons actually faced with mak-
ing the decisions. This stress upon the so-called ‘authoritative decision-
maker’, whether he or she be in the United States Department of State,
in the British Foreign Office or ‘anyone whose choice about an event can
have some international significance’,
53
as the person who in effect has to
choose between different options respecting international legal principles,
emphasises the practical world of power and authority.
Such a decision-maker is subject to a whole series of pressures and
influences, such as the values of the community in which that person
operates, and the interests of the particular nation-state served. He or
she will also have to consider the basic values of the world order, for
instance human dignity. This approach involves a complex dissection of a
wide-ranging series of factors and firmly fixes international law within the
ambit of the social sciences, both with respect to the procedures adopted
and the tools of analysis. International law is seen in the following terms,
as
a comprehensive process of authoritative decision in which rules are con-
tinuously made and remade; that the function of the rules of international
law is to communicate the perspectives (demands, identifications and ex-
pectations) of the peoples of the world about this comprehensive process
of decision; and that the national application of these rules in particular in-
stances requires their interpretation, like that of any other communication,
in terms of who is using them, with respect to whom, for what purposes
(major and minor), and in what context.
54
Legal rules articulate and seek to achieve certain goals and this value
factor must not be ignored. The values emphasised by this school are
basically those of human dignity, familiar from the concepts of Western
democratic society.
55
Indeed, Reisman has emphasised the Natural Law
origins of this approach as well as the need to clarify a jurisprudence for
those persons whose activities have led to innovations in such fields of
international law as human rights and the protection of the environment.
56
53
McDougal and Reisman,
International Law
, p. 2.
54
M. S. McDougal, ‘A Footnote’, 57 AJIL, 1963, p. 383.
55
See M. S. McDougal, H. Lasswell and L. C. Chen,
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