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Unformatted text preview: Habernas – Does the Constitutionalization of International Law Still Have a Chance? Politically Constituted World Society vs. World Republic Classical international law and “sovereign equality”- Kant deplores the idea of wars of aggression and questions the right of sovereign states to go to war, i.e. the jus ad bellum . - Classical international law represents nation-states as participants in a strategic game: o states enjoy sufficient de facto independence to make autonomous choices and act on their own preferences; o guided by the imperatives of self-assertion and self-defense, they pursue exclusively their own preferences (understood as “national interests”) and the security of their citizens. o any state can form coalitions with any other state and they all compete to increase their political power through their ability to exert military threats.- International law lays down the rules of the game and determines: o the qualifications that potential participants must satisfy: a sovereign state must be able to exercise effective control over its social and territorial boundaries and maintain law and order; o the admission requirements: state sovereignty rests on international recognition; and o the actual status: a sovereign state can conclude treaties with other states. When conflicts arise, it has the right to declare war on other states without offering supporting reasons ( just ad bellum ), but it may not intervene in the internal affairs of other states (the prohibition on intervention). - These principles entail a series of consequences: o there is no supranational authority to sanction and punish violations of international law; o a sovereign state can violate standards of prudence and efficiency, but it cannot violate moral norms: its behavior is treated as morally indifferent; o the immunity enjoyed by states extends to their sovereign states reserve the right to prosecute and try crimes committed in war (in accordance with the just in bello ); o third parties may remain neutral vis-à-vis warring parties.- Thus, normative classical international law: “sovereign equality”—give equal status to sovereign states, a status that rests on the reciprocal recognition of subjects of international law, without regard to differences in size of population, territory, and actual political or economic power. Price: acceptance of war as the mechanism for regulating conflicts and thus the freedom to resort to military force. - For Kant, not only are “wars of punishment and extermination” a moral scandal but even cabinet wars conducted with standing armies are incompatible “with the right of humanity in our own person,” because a state that hires its citizens “to kill or be killed” degrades them into “mere machines.”degrades them into “mere machines....
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This note was uploaded on 01/15/2012 for the course POLSCI 495 taught by Professor Rensmann during the Fall '10 term at University of Michigan.
- Fall '10