Paul Gewirtz makes the common error of assuming international
law is actually law (“Law can’t solve the South China Sea Conflict” Washington Post 7-13-16). It is not.
By definition, law is enforceable.
International law, which Mr. Gewirtz repeated refers to as “law” doesn’t
possess that fundamental requirement.
International law should be called something else. This oxymoronic phrase only confuses people and
nations by suggesting that such ‘law’ actually means anything other than a optimistic
arraignment. This only perpetuates the unexamined
assumption that it possesses some special power. It has none other than creating unwarranted hope.
Repeatedly we hear from policy makers about the supreme value
of the “rule of law”. That it should be
hour highest aspiration to escape chaos and calamity.
Unfortunately, the ‘rule of law’ is not the supreme paradigm
now governing the behavior of nations, corporations or other global entities
like ISIS or Al Qaeda. The world’s
increasing chaos is largely the result of our infatuation with the concept of ‘national sovereignty’ which is essentially ‘lawlessness
between nations’. It can be
functionally defined as the right of any nation to do anything it wants,
anytime it wants, to anyone (or any place) it wants . Especially if it has nuclear weapons or is
willing to risk war to get its way. Examining
any global threat trend suggests our trust in this concept is clearly
misplaced.
Our mental blunder is assuming ‘sovereignty’ is the proprietorship
of nations. It is not. It is the fundamental possession of every
human being. Many believe it to be a
gift from God. A means to determine who
they want to be associated with and for what purpose. This is a fundamental aspect of human
freedom. Nations only put limits on it.
If we continue to limit our sovereign powers to the national
level where we live and refuse to apply a small portion of it to an authentic
world government we will never know peace and our fundamental desire for
freedom and security will be perpetually endangered.
National sovereignty assumes each nation is ‘independent’ of
other nations. It is a flawed mental
construct that has no useful application in an irreversible and rapidly increasingly
interdependent world.