International Law: Text, Cases and Materials

Page 64

The essence of law and the nature of international law

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a) Interstate system

complex network of relations third wave of international law development interstate legal system interstate system horizontal (anarchic) arrangement model sovereign equality superpowers privileged legal position consent

A complex web There is a very complex network of relations at the international level, in which states, as well as other entities and persons, engage. During the period described in this book as the third wave of international law development, the international network shifted to an even more complicated web of relations, in which numerous entities and persons participate. Nevertheless, only a few of them have acquired the status of a genuine member (actor) of the interstate legal system, elevating them to the status of a subject of international law. Hence, in this book, the interstate system refers to the systemic and arranged relationships between those subjects, i.e. the states and other subjects of international law.

Horizontal model The interstate system, as emphasised earlier, is essentially built on the horizontal (anarchic) arrangement model, based mainly on the principle of sovereign equality of states.

A unique legal position of the superpowers However, preliminarily, the substantial areas are defned in which maintenance of international peace and security are to a signifcant degree reserved for the superpowers by virtue of their holding a privileged legal position (especially in the UN Security Council, which has fve permanent members – China, France, the Russian Federation, the United Kingdom of Great Britain and Northern Ireland, and the United States of America). On the other hand, other domains follow the logic of the horizontal arrangement of states. At the same time, the possession in certain areas of a privileged legal position by superpowers also means that these states have a great responsibility to the entire interstate system. Certainly, with great power comes great responsibility.


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