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INTERNATIONAL LAW AGAINST THE BACKDROP OF NATIONALIST POLITICS INTERNATIONAL LAW AGAINST THE BACKDROP OF NATIONALIST POLITICS

INTERNATIONAL LAW AGAINST THE BACKDROP OF NATIONALIST POLITICS - PowerPoint Presentation

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INTERNATIONAL LAW AGAINST THE BACKDROP OF NATIONALIST POLITICS - PPT Presentation

INTERNATIONAL LAW AGAINST THE BACKDROP OF NATIONALIST POLITICS PRESENTED BY AZMIR Shah Zainal Abidin INTERNATIONAL AFFAIRS DIVISION ATTORNEY GENERALS CHAMBERS MALAYSIA PURPOSE OF THE TOPIC What is international law ID: 772584

law international politics states international law states politics people political nationalist treaty convention principles practices nationalism view development sovereignty

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INTERNATIONAL LAW AGAINST THE BACKDROP OF NATIONALIST POLITICS PRESENTED BYAZMIR Shah Zainal Abidin INTERNATIONAL AFFAIRS DIVISIONATTORNEY GENERAL’S CHAMBERSMALAYSIA

PURPOSE OF THE TOPIC

What is international law? “International law governs relation between independent states. The rules of law binding upon states therefore emanate from their own will as expressed in conventions [treaties] or by usages generally accepted as expressing principles of law established in order to regulate the relations between these co-existing independent communities or with a view to the achievement of common aims.” (SS Lotus Case (France v Turkey) (1927) PCIJ Rep. Ser A No. 10, 1 3

STATEHOOD 4

Westphalian view States are sovereign and entitled to non-interferenceSubmission to customary international law is still considered as a voluntary processEven when States enter into a treaty, their sovereignty remains intactDomestic courts and other institutions are required to comply with treaty norms only if the State promulgates the treaty into its domestic law Westphalian view came under criticism as it allows States to act unilaterally– Examples: US immigration, trade and environment policies, China’s expansion in South China Sea

HOW DOES INTERNATIONAL LAW DEVELOP? The foundations of International Law or Law of Nations lie firmly in the development of States practices, culture and conduct of political organizations whereby interstate relations are conducted in accordance with commonly accepted standards and behavior.No supreme authority in the international communityNo compulsory procedures for law makingStates determine the development

DEVELOPMENTS OF INTERNATIONAL LAW 7

The idea of the people In politics, International Law is important but voters are more importantResults of elections determine the fate of a nationPeople provides the political ideas which translated into actions of a State Lord Acton- “people are the controller of nationalist politics which mould the measures of a State” 8

NATIONALISM Strong support for and pride in one’s own country, often to an extreme degree.Belief in political independence for a particular country. 9 Oxford Dictionary and Thesaurus

NATIONALISM Nationalists argue that international law only benefit the elite and influential countries. Populist leaders say the elite enriches themselves at the expense of the people, or show greater concern for minorities than the common citizenRhetorically, populists blame foreign influences and international institutions for the nation’s problem. Examples: International Monetary Fund (IMF)- (debt laden States given loan conditional on the market based reforms in the borrower’s economy International Criminal Court (ICC)- (African States challenges the impartiality and due process, arguing that the Court practices selective prosecution)

The different doctrines 11

Clashes between International Law and nationalist politics? Post 1945 rampant clashes, hence the development of international law has stagnate.Sovereignty and nationalist politics override international law when the two collidesUN system is important yet limited due to its lack of political capabilities.non interference of domestic affairsaction under Chapter VII limited and controlled by the powerful States

CONTINUE Increasing gaps and differences on the actions/practices of States makes it difficult for International Law to develop naturally.Refugees Convention 1951: developed to protect displaced people after WWII and contained principles of customary international law such as the non refoulment principle. Most European States are parties but in the past decade, we see discontent from some Member States triggered by its citizen as the obligations in the Convention imposes heavy burden on the resources of Member StatesPossible not to be party but still adhere to the principles of the Convention. Malaysia took that approach whereby protection given to refugees on humanitarian grounds, including the non refoulment principle

14 POSSIBLE RECONCILIATION BETWEEN INTERNATIONAL LAW AND NATIONALISM

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