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Sunday March 30, 2008 SERIES
THE INTERNATIONAL COMMUNITY
Role of international law
by Nadine Bushell,
Member of the Catholic Commission for Social Justice

International law consists of rules and principles which govern the relations and dealings of nations with each other, ensuring that each state adheres to recognised values and standards.

For us in this time of globalisation which involves increased mobility of people and resources, many will see international law as simply a way of defining the standard of conduct for international relationships between and among states, as well as addressing the application of domestic law to foreign persons within individual states.

It is a way to build cooperation between and among states and to set standards and procedures to minimise conflict between states. For many of us it may be the best way to keep countries in check. This perspective is likely to be based on world history; there have been instances where action by some countries may be interpreted as (or in fact were) disrespect for a nation’s need for independence. 

The Church sees international law as seeking not only the interests of nation states and keeping countries in check but also as ensuring the common good of everyone across all nations.

The Compendium tell us: “International law becomes the guarantor of the international order, that is of coexistence among political communities that seek individually to promote the common good of their citizens and strive collectively to guarantee that of all peoples, aware that the common good of a nation cannot be separated from the good of the entire human family.”

Perhaps if we followed this principle, many of the atrocities caused by one state on another could have been avoided.

The Church also warns that international law is not to be used to entrench deep seated prejudices about cultures, ethnicities and nationalities. It is to be used as a way to preserve, encourage and celebrate differences between countries while recognising that we need to coexist peacefully together with a view to ensuring that every country consisting of its nationals has equal opportunity to succeed and to fulfil God’s purpose for them.

While “the international community is a juridical community founded on the sovereignty of each member State, without bonds of subordination that deny or limit its independence i.e. each state is to maintain its exclusive right to complete control over an area of governance, people, or oneself. 

However, we must be careful that while each country seeks to preserve this exclusive right, it does not infringe on others’ rights and still bears in mind the common good of all peoples, wherever they may be. 

“Understanding the international community in this way does not in any way mean relativising or destroying the different and distinctive characteristics of each people, but encourages their expression. Valuing these different identities helps to overcome various forms of division that tend to separate peoples and fill them with a self-centredness that has destabilising effects”.

These concepts are very important in the move towards regionalisation across many parts of the world; we have the European Union, the African Union and our own Caribbean Community and the CARICOM Single Market and Economy.

Much of the discussion and debate in these issues centres around individuals in countries and the nation states themselves asking how does this benefit me, and what am I likely to lose. The Common Good has to come more into play in these discussions as well as celebrating our distinctive characteristics, which can highlight what we have to add to the other.

Next week we go deeper into the discussion on national sovereignty issues.

Persons interested in purchasing the Compendium of the Social Doctrine of the Church, can contact the Justice Desk, Archbishop’s House – 622-6680. Also on sale at the Justice Desk are the Take a Bite Social Justice Programme on DVD and Responses to 101 Questions on Catholic Social Teaching.

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