Malcolm Order in this framework is not limited to

                     MalcolmN. Shaw defines law as “that element which binds the members of the communitytogether in their adherence to recognized values and standards.”1 Thus,law regulates the conduct and behavior of individual members in a community andto an extent reflects the views and ideas of the people in the society withinwhich it functions. Switching the focus of law regarding the regulation ofindividual citizens of a community, to that of nation – states, embodies the meaningof International law. As such J.

L Brierly defines International law as ” thebody of rules and principles of action, which are binding upon civilized statesin their relations with one another.”2 Thus,International law aims to govern the relationship between sovereign states”especially within the context of the laws of war, peace and security, and theprotection of territories.”3 Theperspective of peace within this context “denotes the prevalence of amicablerelations and mutual good will between the particular society and all foreignpowers” 4 andalso includes ” the quiet, security, good order, and decorum which is guaranteedby the constitution of civil society and by the laws.”5 Thusthe mark of peace in a sovereign state could be weighed in relation to itsinternal and external state of affairs. The maintenance of world peacetherefore signifies an uninterrupted existence of internal peace enjoyed withina state and “the absence of war among member states of international society asthe normal condition of their relationship, to be breached only in specialcircumstances and according to principles that are generally accepted.

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“6 Thecontext of world order represents the “patternsor dispositions of human activity that sustain the elementary or primary goalsof social life among mankind as a whole.”7Order in this framework is not limitedto order among states, since “states are simply groupings of men, and men maybe grouped in such a way that they do not form states at all.”8Thus the maintenance of world order reflects the preservation of “order in the greatsociety of all mankind.

“9The relevance of international law therefore denotes, the “efficacy ofinternational law and institutions”10in the international society. It is to be noted that by convention, the measureof a world at peace and in order is usually assessed based on the presence orabsence of a World War. However past World Wars involved mostly European and anumber of Asian countries, which was not a true representation of war amongstall the nations in the world. Therefore technically the world wasn’t at war,though majority of the countries not directly involved were under colonialrule.

Nevertheless the art and act of war, threats and conflicts amongsocieties have changed in recent times. Now “the most serious and acute dangersto world peace currently emanate from the existence and/or proliferation ofweapons of mass destruction, as well as terrorist Islamism combined withfailing states, criminal and dictatorial regimes.”11Thefocus of this paper will thus center on the reasoning that, International lawhas been relevant in the maintenance of world peace and order in light of theprevention of another World War and the resolution of certain conflicts. However,its role in the maintenance of world peace and order today has not been verysignificant.                    Article 38 Chapter II, of the Statute of TheInternational Court of Justice (ICJ), lists four primary sources of internationallaw. The first includes International conventions or treaties, which are “formally concluded and ratified agreement between states.

“12International conventions are recognized as a source of international law sincethey involve agreements dealing with the manner in which nations or States relatewith each other. An example is the Treaty of Versailles. The next involve Internationalcustom or Customary International Law (CIL), which “results from a general andconsistent practice of states followed by them from a sense of legalobligation.”13These comprise rights not limited to the prohibition of acts of genocide,slavery and torture.14In addition are the general principles of law recognized by civilized nations,which constitute “certain common themes that run through the many differentorders”15in the world. These common elements encompass processes of “procedure, evidenceand the machinery of the judicial process.”16Lastly, judicial decisions and the teachings of the most highly qualifiedpublicists, the ICJ or other international organizations “refer to domestic judicialdecisions of the various states as well as scholarly articles from theinternational community.”17The need arises where the application of international law is inadequate forthe resolution of issues.

             Traditionally, states have been regarded asthe primary and original subjects of international law. Subjects ofinternational law are entities that “possess international legal personality,or the legal capacity that conveys certain entitlements and obligations arisingfrom international legal rules.”18Therefore states have the legal capacity to undertake actions in theinternational field. The participants of International Law involved inits administration and development are not limited to only states, but alsoinclude ” international organizations,transnational groups, multinational corporations, private associations, and eventhe individual person.”19            In order to understand how world peace and ordercan be maintained, it is imperative to identify the goals and objectives of internationallaw.

Then subsequently examine how participants of international law succeed orfail in the achievement of these goals. In practice, international law seeks topromote global peace and security among nations through the provision of ahealthy global environment for all. Thus the application of international lawmust be assessed in relation to three basic functions; rule making, enforcementof those rules, and the resolution of disputes arising from the application ofthose rules.20                      Over the years, international law has beenused as a tool to combat conflicts and wars throughout the world. This has beenseen through the establishment of the League of Nations after WW1 and currentlywith the United Nations after World War II. According to Article 1 of the U.

NCharter, the main aim of the Unite Nations is “to maintain international peaceand security.”21As the most prevalent international organization, it is tasked with theresponsibility for the development and administration of international law. Internationallaw and the United Nations have together played a major in the prevention ofanother world war and the resolution of certain conflicts that existed betweenStates. Prominent cases in point include the ICJ’s decision in NICARAGUA vUNITED STATES 22,where the court held that self defence was “insufficient to support the U.S.’smilitary intervention and use of force in Nicaragua, holding the U.

S. breachedits duty under international law not to infringe on a State’s territorialsovereignty.”23 Inaddition, the U.N. through international law and operational strategies have”helped end conflicts and foster reconciliation by conducting successfulpeacekeeping operations in dozens of countries, including Cambodia, ElSalvador, Guatemala, Mozambique, Namibia and Tajikistan.

“24                 However,the art of war has changed in recent times. Conflicts, threats and attacksamong states now originate from terrorist and cyber attacks, nuclear threatsand dictatorial regimes that infringe on citizens human rights. Thus in today’s world, the underlying principlesof international law are embedded in “values of liberalism-the rule of law,capitalism, democracy and an emphasis on human rights.”25These values are embodied in “the realization of states that rules andprocedures are needed to regulate day-to-day interactions to produce order andstability in the international system.”26Dueto this, international law plays a role in the regulation of health,employment, communication, technology, commerce, etc. However despite theseadvances, majority do not experience its benefits.

Hence, this generation couldbe best described as “one of great wealth achievements within an increasinglywar-like environment for much of the world.”27                These achievements are often centralizedand enjoyed by the superpowers of the world, while war-like environments remaina reality for the rest of the world. This is due to the fact that ” asimprovements in communications and weapons technology have increased, thefrequency and barbarity of systematic abuses of fundamental rights havelikewise escalated.”28Yet, “the growing economic interdependency within this international lawframework, however, has not resulted in a panacea to cure all of the world’sills.

“29 As a result, poverty is still endemic inmajority of the worlds population; “war continues to rage through parts of theworld, bringing devastation and misery to citizens of many countries”30;and pollution and environmental destruction “threatens the health and welfareof much of the worlds’ population.”31These ill consequences are out of tune with the goals of international order,which include; the preservation of the system and society of states,maintaining the independence or external sovereignty of individual states,peace and the limitation of violence.32The result is a world in which order, to an extent, is seen and mostlyexperienced by a select group of states. Consequently, critics often assertthat “international law has done a fairly good job of ensuring these benefitsfor the inhabitants of wealthy countries, and now seems dedicated to extendingand preserving the privileges of those countries, especially in the areas ofbusiness and the environment”33It is thus imperative to understand that international law as a tool for the maintenanceof world order should not be limited to order for a select group of wealthystates, but should involve order for all in the world.            Furthermore, the absence of war within andamong States is an ideal objective for any governing authority. However, peacein the international society is viewed “as a goal subordinate to that of thepreservation of the states system itself, for which it has been widely heldthat it can be right to wage war.”34In addition to this, peace is viewed “as subordinate also to preservation ofthe sovereignty or independence of individual states, which have insisted onthe right to wage war in self-defense, and to protect other rights also.

“35It is therefore evident that, States place more importance on their”independence and the continued existence of the society of states itself whichthat independence requires; and for these objectives… they are ready to resortto war and the threat of war.”36In relation to international law, the implementation of the phrase “peace andsecurity” outlined in the Charter of the United Nations indicates the priorityof security in international society. According to Article 51 of the UnitedNations Charter, nothing shall impair “the inherent right of individual orcollective self-defense if an armed attack occurs against a Member of theUnited Nations.”37Hence, where the requirements of security conflict with those of peace, peacewill not necessarily take priority.38 A case in point involve the terroristattacks of September 11, 2001, where the U.

S “proclaimed the attacks as an actof war, and U.N. Security Council Resolution 1368 recognized the right toindividual or collective self-defense against Afghanistan because the countryallowed Al-Qaeda to flourish in its territorial bounds”(43) Therefore, thoughtthe international legal system questioned the legality of the United State’sarmed response to the attacks, nothing could be done to stop them from takingsuch action. In effect, international law as a tool for the maintenance of worldpeace becomes problematic since it places more priority on security at theexpense of peace.                      In conclusion, international law has beeninstrumental for the prevention of another world war and the resolution ofcertain conflicts between States. It is indeed also admitted that, thecontribution of international law in current world issues and affairs offerssome value compared to having no law at all. However, a major bane in its effectivenessstems from the difficulty with enforcement of its rules.

As such maintainingorder in the world becomes a challenging concern, as threats and conflictsamong States continue to develop. In addition, the subordinate nature of peaceunder international law, indirectly paves way for States to resort to war underthe guise of self-defense at the expense of peace. In essence, internationallaw as a tool for the maintenance of peace and order serves as a double-edgedsword, with its sharper edge cutting deeper into the wounds of those notdirectly benefiting from its purpose.1 Malcolm N Shaw, International Law (6thedn, Cambridge University Press 2008), p.12 3 Kelly Vinopal, ‘Researching PublicInternational Law’ (asil.

org, 2015)

pdf> accessed 1January 2018.4 ‘What Is PEACE? Definition Of PEACE (Black’sLaw Dictionary)’ (The Law Dictionary) accessed 1 January 2018.

5 ‘What Is PEACE? Definition Of PEACE (Black’sLaw Dictionary)’ (The Law Dictionary) accessed 1 January 2018.6 Hedley Bull, The Anarchical Society (3rdedn, Palgrave 2002), p.177 Hedley Bull, The Anarchical Society (3rdedn, Palgrave 2002), p.198 Hedley Bull, The Anarchical Society (3rdedn, Palgrave 2002), p.199 Hedley Bull, The Anarchical Society (3rdedn, Palgrave 2002), p.1910 Jeffrey L Dunoff, Steven R Ratner and DavidWippman, International Law: Norms, Actors, Process: A Problem-OrientedApproach (2nd edn, Aspen 2006), p.

960 ; Daniel Bodansky, TheLegitimacy of International Governance: A Coming Challenge for InternationalEnvironmental Law?, 93 Am. J. Int’l L. 596, 596-597 (1999).  11 Dr. Brigit Laubach, Prof.

Dr. Ulrich K. Preussand Joscha Schmierer, THE ROLE OF INTERNATIONAL LAW IN A GLOBALIZEDWORLD Security Policy Challenges For The International Order At The Outset OfThe 21St Century (Heinrich Böll Foundation 2004), p.312 ‘INTRODUCTION TO THE CONVENTION ON THE RIGHTSOF THE CHILD Definition Of Key Terms’ (Unicef.org)

unicef.org/french/crc/files/Definitions.pdf> accessed 2January 2018 ; These definitions areadapted from The Concise Oxford Dictionary of Current English (8th edition),Clarendon Press, Oxford, 1990 and United Nations Treaty Collection, TreatyReference Guide, 1999, available at http://untreaty.

un.org/English/guide.asp.13 Elihu Lauterpacht and C.

J Greenwood, InternationalLaw Reports (Cambridge University Press 2010), p. 554; Summarized by the American Law Institute,Restatement of the Law, Foreign Relations Laws of the United States, 3d (1986),102(2) and (3).14 ANTHONY AUST, Modern Treaty Law AndPractice (1st edn, Cambridge Univ. Press 2000), p.

25715 Malcolm N Shaw, International Law (6thedn, Cambridge University Press 2008), p.9416 Malcolm N Shaw, International Law (6thedn, Cambridge University Press 2008), p.95 17 ‘A GUIDE TO THE BASICS OF INTERNATIONAL LAW*’ (Law.georgetown.edu,2018)

pdf>accessed 2 January 2018.18 Christopher C Joyner, International LawIn The 21St Century (Rowman & Littlefield 2005), p 2419 Christopher C Joyner, International LawIn The 21St Century (Rowman & Littlefield 2005).20 Aaron Schwabach and Arthur JohnCockfield, International Law And Institutions (EolssPublishers 2009), p. 521 ‘Charter Of The United Nations, Chapter I, Article 1’ (Un.org)

html> accessed3 January 2018.22 Annalise Lekas, ‘#ISIS: The Largest Threat ToWorld Peace Trending Now | Emory University School Of Law | Atlanta, GA’ (EmoryUniversity School of Law)

edu/eilr/content/volume-30/issue-2/comment/isis-largest-threat-world-peace.html>accessed 2 January 2018. From; Military and Paramilitary Activities in andAgainst Nicaragua (Nicar. v. U.S.), Judgment, 1986 I.C.

J 14.  23 Military and Paramilitary Activities in andAgainst Nicaragua (Nicar. v.

U.S.), Judgment, 1986 I.C.J 14, ¶¶ 207-13(June 27).

Adapted from; Annalise Lekas, ‘#ISIS: The Largest Threat To WorldPeace Trending Now | Emory University School Of Law | Atlanta, GA’ (EmoryUniversity School of Law)accessed 2 January 2018.

24 ‘Our Successes | United Nations Peacekeeping’ (Peacekeeping.un.org) accessed 1 January 2018.25 Aaron Schwabach and Arthur JohnCockfield, International Law And Institutions (EolssPublishers 2009), p.

126 David P. Fidler, ‘WHO | 7. International Law’ (Who.

int)accessed 4 January 2018.27 Aaron Schwabach and Arthur JohnCockfield, International Law And Institutions (EolssPublishers 2009), p. 1228 Aaron Schwabach and Arthur JohnCockfield, International Law And Institutions (EolssPublishers 2009), p. 1229 Aaron Schwabach and Arthur JohnCockfield, International Law And Institutions (EolssPublishers 2009), p.

1230 Aaron Schwabach and Arthur John Cockfield, InternationalLaw And Institutions (Eolss Publishers 2009), p. 1231 Aaron Schwabach and Arthur JohnCockfield, International Law And Institutions (EolssPublishers 2009), p. 1232 Hedley Bull, The Anarchical Society (3rdedn, Palgrave 2002), p.16-1833 Aaron Schwabach and Arthur JohnCockfield, International Law And Institutions (EolssPublishers 2009), p.

2134 Hedley Bull, The Anarchical Society (3rdedn, Palgrave 2002), part 1, p.1735 Hedley Bull, The Anarchical Society (3rdedn, Palgrave 2002), part 1, p.1736 Hedley Bull, The Anarchical Society (3rdedn, Palgrave 2002), part 1, p.1837 ‘Charter Of The United Nations, Chapter I,Article 51’ (Un.org)38 Hedley Bull, The Anarchical Society (3rdedn, Palgrave 2002), part 1, p.18