In order to consolidate the primacy of law, the principle of mutual confidence is of the utmost importance. In this perspective, normative instruments for the peaceful resolution of controversies must be reformulated so as to strengthen their scope and binding force.
What this means is that everyone must be comfortable with the system that is in place for resolving disputes. Opposing parties must equally feel that the system put in place will act fairly.
This highlights the importance of those agencies, bodies and institutions charged with the responsibility of hearing and arbitrating on disputes and those that develop the various laws and treaties that provide the framework for arbitration.
“Processes of negotiation, mediation, conciliation and arbitration that are provided for in international law must be supported with the creation of a totally effective juridical authority in a peaceful world”.
Progress in this direction will allow the international community to be seen no longer as a simple aggregation of States in various moments of their existence, but as a structure in which conflicts can be peacefully resolved.
This highlights what is important about mutual confidence; it cannot be built on a legal framework alone, it requires a willingness of individual nation states to work together in cooperation, to act as friendly neighbours and to hold fast to the fundamentals of tolerance, respect, friendship and human rights.
“As in the internal life of individual States ... a system of private vendetta and reprisal has given way to the rule of law, so too a similar step forward is now urgently needed in the international community”. In short, “international law must ensure that the law of the more powerful does not prevail”.
Next week we move to the Organisation of the international community. Chapter 9:III - The organisation of the international community.
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. |