After the Second World War, facilitating the establishment of the UN and aiding the reconstruction of Europe, the United States was widely viewed, at least in the West, as a benevolent hegemon. In the non-West, the US was often perceived as a supporter of the colonial powers in their struggle to maintain control over their colonial possessions, and was viewed far more critically, especially by emerging elites that were more inclined to socialist development paradigms than to the capitalist ethos favoured by Washington.
Richard A. FalkAs Gandhi famously responded when asked about "Western civilization," "I wish they had one," the same applies to "international community": "I wish there was one."
Richard A. FalkOn the cautionary side, Universal Jurisdiction could be used to achieve some kind of ideologically motivated criminalisation of 'the other' that would discredit and derail a constructive effort to develop a credible meta-law that governs the behaviour of leaders of sovereign states.
Richard A. FalkHistorically, 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. FalkThere are degrees of incompatibility, and there are more factors relevant to upholding democracy and human rights than the operation of neoliberal markets. Perhaps this point can be initially made by reference to the decline of democracy and the erosion of human rights within the United States since the 9/11 attacks.
Richard A. Falk