21.11.2003

The Uncertain Future of International Law

Terrorism, weapons of mass destruction, and poverty. These are the issues that were focused on during a two-day conference organized by the Konrad Adenauer Foundation and the Institute of International Law at Petersberg near Bonn.

The United Nations and large sections of international law reflect the state of affairs after the Second World War and the global consensus of the need for effective measures to prevent regimes similar to that of National Socialism. Since then, especially after the war in Iraq, the question is increasingly being posed as to whether such an objective is still in keeping with the times and if it is sufficient to meet current dangers.

The date (20/21.11.2003) has not been chosen by chance. It marks the signing of the "Petersberg Protocol” on November 22, 1949, which put Germany on the road to sovereignty. The organizers regard Bonn as a well-chosen location, as it is not only the former seat of government of the democratic post-war Germany, but also a developing UN city. They therefore expect that this conference will be the launch of a whole series of similar events.

Goal: To raise Bonn’s profile

"Our goal is to establish a steady series of such international law conferences in Bonn,” said Foundation General Secretary Wilhelm Staudacher. The backdrop to all of this is Bonn’s desire to use such events to raise its profile as a UN city. According to Staudacher, Bonn should also be a location for the further development of international law, providing fresh impetus into the discussion.

It has been claimed that one of the deficiencies of the United Nations is that some of its basic structures too closely mirror the balance of power at the end of the Second World War and is therefore too Eurocentric. Many of today’s states had not even attained independence at the time of the UN’s founding. The situation has long since changed, yet this is still not clearly reflected within the United Nations.

For example, decisions in the Security Council are still primarily made by the Europeans and Americans and there is no convincing recipe for change. Increasing the number of permanent members could lead to the Security Council falling apart. Even some European states that have until now lacked permanent representation on the Security Council have been clamouring for a seat.

With respect to the Security Council, the concept of the veto right has to be reconsidered. At the time, it was introduced on the express wishes of the Soviet Union, which feared being overwhelmed by the West on the Security Council.

Peculiar phase for International Law

Rudolf Dolzer, specialist in international law at the University of Bonn, clearly sees a problem in all these calls for action. "International law currently finds itself in a peculiar phase. On the one hand, especially with the war in Iraq, we realize that the old structures are probably no longer applicable for the future. On the other hand, at least according to my diagnosis, very few international players, heads of state, or heads of government have really placed the issue of international order on their agendas.”

Top-ranking international law specialists and politicians from 16 countries have nonetheless meet at Petersberg to present their views on how to improve international law and the United Nations. The contributions will be evaluated by the organizors and then made accessible to politicians so that they have the chance to draw their own conclusions. This certainly won’t happen quickly, but, even so, it is a start.

Dolzer is convinced that this start can and should be made here, given Europe’s historical experience. "The idea that the world must learn from Europe in order to avoid conflicts and secure peace isn’t mistaken. But we also have to take into consideration what other parts of the world think."

Peter Philipp

Translation from German: John Bergeron