Historically, international law lent a measure of legality to the colonial system, and allowed the West to set the rules for participation as a sovereign state on a global level. It also protected the interests of foreign investment in countries of the global South even when these were exploitative, and deprived countries of the benefits of resources situated within their territories.
Richard A. FalkInternational law in its counter-hegemonic uses is very important in any domain where issues of legitimacy are significant, but is rarely able to have a corresponding behavioural impact.
Richard A. FalkMy own sense is that if David Friedman chooses to live in Jerusalem, and quietly conduct diplomatic business from the now existing US consulate in the city, it will not be noticed very much. It will not be treated as a rupture with the past unless it is accompanied by other American encouragements of Israeli extremism undertaken with the clear backing of the White House.
Richard A. FalkIt is possible that, in fact, Trump's call for "America First" (despite evoking unpleasant recollections that such a phrase was the invention of those in the 1930s harboring fascist sympathies) and a positive relationship with Russia, might lead [to] a more relaxed global setting.
Richard A. FalkAs matters now stand, the veto seems inappropriate, given the absence of any deep ideological split between major states, and definitely constrains the war-prevention mission of the UN. Similarly, the present permanent five are out of touch with geopolitical realities, and constitute a remnant of a West-centric world order, casting a shadow of illegitimacy across the activities of the most important organ of global policymaking in the UN System.
Richard A. FalkIt is on balance desirable to encourage Universal Jurisdiction, and to create pressure from below to make application of such jurisdiction as consistent as possible. I think this will act as a deterrent in some situations, although this impact will never be acknowledged by those affected as it would only embolden civil society to intensify its pressures.
Richard A. FalkThe British leadership has acknowledged that it only became possible to end the violence in North Ireland when it stopped thinking of the [Irish Republican Army] as "a terrorist organization" and began treating it as a political actor with genuine grievances that deserved to be addressed.
Richard A. Falk