Problems and process: international law and how we use it

• Author: Dr. P. K. Menon
• Position: Professor of Law, Faculty of Law The University of the West Indies Cave Hill Campus Barbados
• Pages: 515-521

PROB LE MS A ND PR OCE SS: IN TE RNATI ON AL LA W

AND H OW WE U SE IT

by R osalyn Higg ins

[Oxfo rd: Clarendon P ress, 1995] pp. 274 + xxvii, ISBN 0-19-

876410-3 (Paperback)

In the post Wor ld War II period, the commun ity of natio ns has

und erg one many m ajor cha nges. One of the m ost imp ortant of such

changes is the massive and active participation in international life by

the n ew ly inde pen den t countries wh ich have joine d the ra nks o f

estab lished states. The n ew states h ave transformed the nature o f the

inte rnation al system which ha d been in the past th e exc lusiv e

prese rve o f the Western Christian Powers forming a ‘clos ed ’ fam ily

of nations. In con sequence, attempts have been made to adjust the old

rule s of intern atio nal law to new politica l realities. The resurgen t

nationalism o f peo ples and territories liberated from colonial rule has

asserted, in par ticular, its claim s to an equitable pa rtic ipation in

political affairs and the sha ring o f economic resources.

An oth er cha racteris tic feature of the pr esen t day world society is

the esta blishm ent and growth of a variety of intern ational

organ izations, varyin g both in powers and importance. Consequently,

the subje ct m atter o f international r elations no lon ger focuses

pri ma ril y on the activities of d iplomats and soldiers; but, r ather, it

enco mpasses manifold economic and social aspects o f life. This has

resulted in the creatio n of new typ es o f inte rnational organizatio ns,

such as the IBRD , U NC TAD , UNDP and UNIDO , specifical ly

desig ned to deal with the problems arising from the coexistence o f the

rich and poor nations in the family of nations.

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