America and the World: Strengthening or Undermining International Law (Part 1)

ok ok i know i promised that i won't post until after thursday's exam... but yea this is something that i think is important and worth dedicating time to...

Attended a talk by Mr. Kishore Mahbubahni with Tommy yesterday. He is here in the States to promote his new book, Return to the Age of Innocence. Mr. Mahbubahni is the current Dean of the Lee Kuan Yew School of Public Policy, National University of Singapore; he is also the former Singapore Ambassador to the U.N, as well as former President of the SecurityCouncil. Mr. Mahbubahni has also served as Permanent Secretary of the Ministry of Foreign Affairs of Singapore.

Mr. Mahbubahni talked about how the United States of America has strengthened, yet weakened at the same time, the institution of International Law. Touching on some of the contributions the US has made in the past, he raised the example of the post-WWII era as the most telling American investment in world order and peace. After achieving her status as a global super power, the US did not, unlike her European predecessors, set out to colonize the rest of the world; instead, it practiced de-colonization, preferring to believe in the "freedom, independence, and ability of self-determination" of the weaker countries. This practice, coupled with the US-backed initiative to form the UN Charter, created an international order that has been largely successful till present times.

Another significant contribution to the to international order, according to Mr. Mahbubahni, is the large amount of the US defence budget. At approximately US$500 bn, the American military represents the single deterrent factor against infringements of International Law. By largely playing by the rules, i.e. respecting the decisions of the WTO, the US has set itself as an example for the rest of the world to follow, even though it has the military and economic to do otherwise. Many may argue that this is done in "enlightened self-interest", but nevertheless, by larging adhering to decisions made by the global institutions, the US has strengthend the legitimacy of International Laws.

Before going on to speak about how the US has, in fact, undermined the practice of International Law, Mr. Mahbubahni offered the following premises:
1. In the domestic arena, Law trumps Power; The the international arena, however, Power trumps Law.
2. International Law cannot be effective without the support and endorsement of the majority of the 190 nation-state members of the United Nations.
He provides the analogy of a large, global tent that represents the structure of International Law, and how the US, through various actions and decisions, has created large holes in this tent, and the possibility that the middle power states (i.e. Brazil, Nigeria, South Africa) may exploit these gaping holes for their own gains is a frightening thought.

okok... ran out of time... will be posting the second half, mainly about how the US has undermined international law, in my next post!