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NATURAL
LAW
» Utopian naturalists think in oppressive.
ethical terms & find legal it can sometimes seem
authority in natural law . arm of authority; hence,
» Natural law with variable enforced by the strong
content—no longer as binding because it is
connotes something » Realist Law is regarded
external/ fixed/invariable, common good.
but men’s innate feeling at instrument of the
any given time or place for community; it is an
what “just law” ought to be. the sense of right of the
»Natural law can be just as » Realist Law represents
easily invoked to incite will of states.
disobedience to the law as authority of law in the
to justify obedience. in terms of power & find
» Realist positivists think
LAW
REALIST
TREATIES
» States enjoy the unconditional right to denounce
any treaty at any time. Some breaches of treaties were
excused not on legal basis but rather, on the ethical
grounds of lacking moral validity.
» Principle of “necessity” or “vital interests”— nobody
can be called to perform the impossible (including
acts detrimental to a state’s vital interests).
TREATY SIGNED UNDER DURESS: treaties to end war
are almost inevitably accepted by losers under duress
INEQUITABLE TREATY: States reserve the moral right
to repudiate a treaty which is not necessarily immoral,
but inequitable in the sense that it imposes
conditions flagrantly incompatible with the existing
relations of power between the contracting parties
TREATY AS INSTRUMENT OF POWER: Stronger states
will insist on the sanctity of the treaties concluded by
them with weaker states
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IR’S JUDICIAL
SETTLEMENTS
Power differences are irrelevant in judicial
procedure; a court recognizes no inequality
other than inequality of legal right. In politics,
power is an essential factor in every dispute.
» IL disputes are not justiciable. No court is
competent unless parties agreed to confer jurisdiction
on it & recognize decisions as binding.
» Obstacles to int’l arbitration: difficulty of finding
impartial judges, no accepted view of the
community’s good overriding a member’s good (int’l
morality problem), no objective criterion of
“suitability” of a dispute for judicial settlement
» No principle of law enables one to decide that a
given issue is suitable for treatment by legal methods.
The decision is a political one.
ALL-IN ARBITRATION: The way to establish an int’l
‘rule of law’ and avoid future wars was for states to
submit all international disputes of every kind to an
int’l arbitral tribunal having power to decide them at
its discretion on grounds either of strict law or of
equity and common sense.
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PEACEFUL
CHANGE
There is a need for political change.
» The attempt to make a moral distinction between
wars of “aggression” and wars of “defense” is
misguided. The moral criterion must be not the
“aggressive” or “defensive” character of war, but the
nature of the change which is being sought and
resisted.
» If a change is necessary and desirable, the use or
threatened use of force to maintain the status quo may
be morally more culpable than the use or threatened
use of force to alter it.
Problems of “peaceful change” in national politics
is how to effect necessary & desirable changes
without revolution; in international politics, how
to effect such changes without war.
» Every solution of the problem of political change,
whether national or international, must be based on a
compromise between morality and power
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POWER IN
POLITICAL CHANGE
equilibrium of forces.”
» Use of force (war to a changed
threats, tacit /overt) mechanical adjustment
seems a necessary conception of a
condition in order for and the realist
important political common feeling of right
changes happen in the conception of a
international sphere. between the utopian
» Grievances of states the compromise
are strong enough to only be achieved with
create a danger of war. » “Peaceful change can
» Legislation (“legal affected.
revolution”) is the most the mass of people
obvious & regular way of influence the attitude of
bringing about political transaction will
change within the state. » The morality of a
POLITICAL CHANGE
MORALITY IN
NATIONS AS A
UNIT OF POWER
» The Inequality between nations threaten us with a
world upheaval. Thus, the harmony we must
establish is a harmony between nations.
» Nations as a unit of power may be superseded: At
present, nations remain territorial but International
relations may be supplanted by a new set of group
relationships in the future.
» There may be striking developments in the near
future for nations to take approximately the form of
the contemporary nation-state.
•Trend towards integration and the formation
of ever larger political and economic units
• Trend toward disintegration may still be
found at work
• Concept of sovereignty becoming more
blurred and indistinct
• Group units will survive as repositories of
political power.
© GROUP 1 , PAGE 33 /42
TRAGEDIES OF
OUR UTOPIA
The collapse of our utopia: What was good for
one country is not good for others.
Breakdown of our basis of international morality:
» Darwinian doctrine: identifies the good of the
whole with the good of the fittest and the
elimination of the unfit
» Doctrine of a natural harmony of interests:
international morality is identified not by the
strongest by those in possession
The breakdown of these doctrines has left us unable
to reconcile the good of the nation with the good of
the world community
We must now explore the ruins of our international
order and discover where we may rebuild it. This
problem must be considered from the standpoint
of both power and morality.
© GROUP 1 , PAGE 34 /42
MORALS IN THE
NEW INT’L ORDER
» Power still affects international order.
morality: We can’t avoid restore the power of
a tyranny of the majority. own interests may
» A need to sacrifice defend and assert their
economic advantage for power that strive to
social ends often occurs » A coalition of states in
despite how economic declines.
and moral goodness do international order also
not always equate. power decreases, the
» The best hope for » As the superior state’s
progress is economic 19th Century = Britain)
reconstruction because of a single power (e.g.
mankind often revolts was a product of the rise
against naked power. past to a world society
» Every approach in the
NEW INT’L ORDER
POWER IN THE
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REFERENCES
• Carr, E.H. (1939). The Twenty Years Crisis. Retrieved
from https://www.scribd.com/doc/167060273/E-H-
Carr-the-Twenty-Years-Crisis-1919-1939-an-
Introduction-to-the-Study-of-International-
Relations-1946
• Phanprasit, P.P. (2010). How convincing is E.H. Carr’s
Critiques of Utopianism?. E-International Relations
Students. Retrieved from http://www.e-ir.info/
2010/06/09/how-convincing-is-e-h-carr%E2%80%99s-
critique-of-utopianism/
• Wilson, P. (1998). The myth of the ‘First Great Debate’.
Review of International Studies, 24(5), 1-16.
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