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1 an Evolving International Society: Institutionalization, Privatization Cambridge University Press 0521842395 - International Dispute Settlement in an Evolving Global Society: Constitutionalization, Accessibility, Privatization Francisco Orrego Vicuna Excerpt More information 1 An evolving international society: institutionalization, privatization, globalization The changes in international society during the twentieth century have clearly established a pattern of evolution from the traditional forms of inter- state relations to an increasingly institutionalized community of nations.1 Hedley Bull identified five main features of international society as being characteristic of the Grotian tradition: the central place of natural law; the universality of international society; the role of individuals and non- state groups in such society; solidarism in the enforcement of rules; and the absence of international institutions.2 A number of these features are still shaping modern international society, thus providing a background of continuity to the changes taking place, changes which will now be reviewed. Increasing institutionalization Many changes have intervened in the organization of international society in the last few decades, while various aspects of the traditional arrangements continue to influence the shaping of this evolution. It should be noted first that, irrespective of past doctrinal discussions about natural and positive law, it is a fact that most contemporary developments are inspired by the need to ensure human freedom, dignity and welfare, aims inextricably related to our shared humanity.It is next apparent that international society adheres to the ideal of universality, despite powerful recent trends towards regionalism.3 1 Hedley Bull, Benedict Kingsbury and Adam Roberts (eds.), Hugo Grotius and International Relations (1992). 2 Hedley Bull, “The importance of Grotius in the study of international relations” in Bull, Hugo Grotius, pp. 65–93, 78–91. 3 W.W. Rostow: “The coming age of regionalism. A ‘metaphor’ for our time?,” Encounter (June 1990) 3–7. 1 © Cambridge University Press www.cambridge.org Cambridge University Press 0521842395 - International Dispute Settlement in an Evolving Global Society: Constitutionalization, Accessibility, Privatization Francisco Orrego Vicuna Excerpt More information International Dispute Settlement in an Evolving Global Society Although this has prompted occasional tensions and competition between centralized international action and the role of regional organizations, uni- versality and regionalism are generally complementary features of inter- national society. Third, the role of individuals and non-state actors in the international system has become significant, threatening at times to curtail the exclusive role of the state.4 However, in the light of occasional excesses concerning the role of such non-state actors, the limits and conditions for the participation of non-governmental organizations in the work of inter- national society and the making of international law have been reaffirmed from time to time. In terms of the arrangements for collective security, solidarism in the enforcement of the law and in the repression of threats to international peace and security has continued to be the dominant feature. But there have been significant innovations in the enforcement of other more specialized arrangements, especially in the fields of trade and the environment. A major change that must be noted, by contrast with the absence or limited role of international institutions in the past, is the powerful life of international organizations,5 perhaps less evident in the political sphere but significant in other major areas of international cooperation. However, even in this context the delegation of powers to international organizations, and still more any eventual transfer of competences, remains under the close control of states.6 The emergence of a multi-centric and multi-cultural international soci- ety is another significant aspect of the intervening changes in international life.7 Political and economic power is, of course, a predominant element in the working of international society, but some aspects of it are becoming increasingly decentralized and need to take into account other influential factors. While some elements of this power structure, such as military capa- bility and political influence, have occasionally shown a trend towards a unipolar system, and to that extent have also adversely affected diversity in the governing of the international society, these features do not seem likely to prevail in the long run. 4 Societ´eFran¸caisepour le Droit International, L’Etat´ souverain `al’aube du XXIe si`ecle (Colloque de Nancy, 1994). 5 Louis B. Sohn, “The role of international law in the 21st century,” address at the Vrije Universiteit, Brussels, 23 March 1990, 5–6. 6 Eileen Denza, “Two legal orders: divergent or convergent?” 48 International and Comparative Law Quarterly (1999) 257–284, at 259. 7 Edith Brown Weiss, “The new international legal system” in Perspectives on International Law (1995), pp. 63–82, at 66. 2 © Cambridge University Press www.cambridge.org Cambridge University Press 0521842395 - International Dispute Settlement in an Evolving Global Society: Constitutionalization, Accessibility, Privatization Francisco Orrego Vicuna Excerpt More information An evolving international society While for the reasons given, international society has been deeply trans- formed as compared with the past, it nonetheless evidences a continuum that should not be disregarded in evaluating the meaning and extent of current trends and their implications for the future. In this context, some current utopian theories, while academically chal- lenging, do not appear to reflect the realism necessary to make them fea- sible in the foreseeable future. The continuing absence of war among democracies,8 the obsolescence of conflict9 or the arrogant view that history has come to an end with the undisputed prevalence of liberal- democratic principles10 are among some of the announcements greeting the new century. But, from the point of view of evolution of international society, they are not less utopian than the prospects for a world govern- ment. The rise and fall of Great Powers11 or the collapse of empires,12 have also attracted much attention in the context of current transforma- tions. However, these views, inspired by individual readings of the historical evidence, may not necessarily be reflected in the design of the society of the future. A developing process of globalization and its limits As international society evolves, the phenomenon of globalization is tak- ing hold. Beginning with the integration of financial markets and followed by the partial liberalization of world trade, globalization appears to be a lasting feature of international society. These developments are in turn linked to the revolution in communications and information technology,the fourth technological revolution,13 new horizons in science, and the power- ful emergence of leading developing economies that have introduced new dimensions into international competitiveness. The success and expansion of market economies are at the very heart of the process of globalization, 8 Dean V. Babst, “A force for peace” 14 Industrial Research (1972) 55–58; R.J. Rummel, “Libertarianism and international violence” 27 Journal of Conflict Resolution (1983) 27–71; Bruce Russett, “The politics of an alternative security system: toward a more democratic and therefore more peaceful world” in Burns Weston (ed.), Alternatives to Nuclear Deterrence (1989). 9 John Mueller, Retreat from Doomsday: The Obsolescence of Major War (1989). 10 Francis Fukuyama, “The end of history?” 16 The National Interest (Summer 1989) 3–18. 11 Paul Kennedy, The Rise and Fall of Great Powers (1987). 12 Hugh Trevor-Roper and George Urban, “Aftermaths of Empire: the lessons of upheavals and destabilisation,” Encounter (December 1989) 3–16. 13 Rostow, “The coming age,” 3. 3 © Cambridge University Press www.cambridge.org Cambridge University Press 0521842395 - International Dispute Settlement in an Evolving Global Society: Constitutionalization, Accessibility, Privatization Francisco Orrego Vicuna Excerpt More information International Dispute Settlement in an Evolving Global Society and have a specific influence on the organizational needs of international society and its legal institutions.14 Notwithstanding integration that results from globalization, there is also the simultaneous trend of decentralization. Both in economic and political terms, international society is becoming increasingly decentralized. The ignition of regional self-contained conflicts, the painful consultations many times required to achieve a consensus on the appropriate action by major political powers, or the semi-autonomous operation of international markets are all indications of such a phenomenon. Similarly, the diffusion of economic power and the prospective emergence of alternative centers of political power, the resurgence of religious influences in the conduct of both domestic and international affairs, the affirmation of cultural values, and outbursts of nationalism, are clear indications that globalization is con- ducive not only to centralization but to decentralization as well. In fact, the two trends appear to be complementary rather than contradictory. It also appears that globalization is not as global as it is often thought but relates to specific fields of activity that states and other entities undertake at an international or even national level.
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