The issues of conflict management treated in this volume are relatively recent consequences of the scientific and technological revolution, and are in significant respects unprecedented in man's history: food distribution, population, ocean resources, air and water pollution. Such new global problems cannot be adequately solved except by international effort—effort that requires adjustments in the present international system.
What adjustments arc practicable, and at least minimally necessary, are assessed by seventeen lawyers and specialists in international affairs. They approach the subject from two perspectives: the international legal aspects of man in his environment; and the institutions, agencies, and movements that must be further adapted to the rapidly changing needs of mankind.
Contributors: Harold Lasswell, Mary Ellen Caldwell, Dennis Livingston, Howard J. and Rita F. Taubenfeld, L.F.E. Goldie. Leon Gordenker, John Carey, Hans Baade, Gidon Gotlieb, Richard B. Lillich, Joseph Nye, Donald McNemar, James Patrick Sewell, Gerald F. Sumida, Harold and Margaret Sprout.
Originally published in 1972.
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The Future of the International Legal Order, Volume 4
The Structure of the International Environment
By Cyril E. Black, Richard A. FalkPRINCETON UNIVERSITY PRESS
Copyright © 1972 Princeton University Press
All rights reserved.
ISBN: 978-0-691-09221-8Contents
Foreword, v,
Introduction, vii,
Part I. Man and His Environment,
1. Future Systems of Identity in the World Community Harold Lasswell Yale Law School, 3,
2. Population Mary Ellen Caldwell Ohio State University College of Law, 32,
3. Science, Technology, and International Law: Present Trends and Future Developments Dennis Livingston Case Western Reserve University, 68,
4. Modification of the Human Environment Howard J. and Rita F. Taubenfeld Southern Methodist University, 124,
5. The Management of Ocean Resources: Regimes for Structuring the Maritime Environment L. F. E. Goldie Syracuse University School of Law, 155,
6. Livelihood and Welfare Leon Gordenker Princeton University, 248,
7. The International Legal Order on Human Rights John Carey Coudert Brothers, New York City, 268,
8. Individual Responsibility Hans Baade University of Texas School of Law, 291,
PART II. STRUCTURES,
9. The Nature of International Law: Toward a Second Concept of Law Gidon Gottlieb New York University Law School, 331,
10. Domestic Institutions Richard B. Lillich University of Virginia School of Law, 384,
11. Regional Institutions Joseph S. Nye Harvard University, Department of Government, 425,
12. The Future Role of International Institutions Donald McNemar Dartmouth College, Department of Government, 448,
13. Functional Agencies James Patrick Sewell Yale Law School, 480,
14. Transnational Movements and Economic Structures Gerald A. Sumida Princeton University, 524,
15. The Ecological Viewpoint — and Others Harold and Margaret Sprout Princeton University, 569,
Index, 607,
CHAPTER 1
Future Systems of Identity In the World Community
HAROLD D. LASSWELL
Introduction
The most conspicuous institutions of government and law in the world arena are the nation states and the transnational network of intergovernmental organizations. They affect and in turn are affected by the transnational political parties and pressure organizations that operate between official agencies and private groupings. The public order institutions of today's world are not strong enough to provide even minimum security from the threat or fact of war.
Our immediate problem is the examination of "identity." The public order of nation states depends on many factors, among which the patterns by which individuals identify with such states play an important part. An obvious question is whether a comparable asset can be mobilized for the strengthening of world public order, or whether world political institutions must precede world loyalty. In any case the future will continue to be affected by the predispositions of all whose nationalistic loyalties are expressed in ways that perpetuate the institutions of world division and war.
As usual, history confirms the fact that many different roads may lead to the same Rome. In feudal times "nationality" — the sense of belonging to a people of distinctive language or general culture — was compatible with political disunity. Political "nationalism" has sometimes arisen after a period of subjection to a rule perceived as oppressive (as in con temporary Africa). Nationalism has also emerged as a movement aimed at uniting a divided people into a single body politic (as in nineteenth century Germany and Italy). The principal characteristic of nationalism as a system of political identity is the sense of belonging to an actual or potential body politic that rightfully is or should be as free as any other. Exp1essed negatively, this implies freedom from external control. Affirmatively, nationalism embodies a demand for equal access to whatever decision arenas make authoritative and controlling commitments. The "negative" aspect is phrased in terms of "sovereignty"; the "positive" in demands for "recognition" and "admission" to processes for clarifying common interests. The "positive" ideologists celebrate a "Federation of Free Nations" and a "Parliament of Man."
Political Identity
The question is whether a sense of political identity comparable to nationalism is developing or can develop in support of a world -inclusive system of public order. Will a transnational identity arise the object of which is the whole nation of man? Will such an identity mobilize enough intensity of support on a sufficiently large scale to become a significant factor in future world politics?
A political identity is a shared perspective on the self as a participant in politics; it is held with sufficient intensity by enough people to achieve at least a minimum threshold of effect on political outcomes.
It is everyday knowledge that we are each linked by multiple loyalties to many territorial and pluralized groups, and that under various circumstances we give priority to different identities. At times we are aware of conflicting loyalties, especially when the claims of larger and smaller identities seem to be mutually incompatible. Ordinarily we cope with latent incompatibilities by diverting attention to other matters. The cement of society is the strategy of avoidance, supplemented by creative ambiguity in the solution of man y incipient contradictions.
As a means of investigating the significance of any factor in the political process, we utilize a conceptual map of the whole process. Briefly:
Participants ->
Perspectives ->
Arenas ->
Base Values ->
Strategies ->
Outcomes ->
Effects ->
1. Participants, or the individuals and groups who interact politically. The world arena includes organized groups: nation states, intergovernmental structures, transnational political parties, transnational pressure groups, other transnational private associations. Can transnational, world-inclusive identity systems affect the composition of the world arena?
2. Perspectives, or the subjective events (symbols) that refer to politics. Included are symbols of identity (such as designations of territorial and pluralistic groups), demands (preferences and volitions regarding outcomes [values]), expectations (matter of fact references to past, present, and future events). The perspectives are also patterned as political myths: doctrines, or philosophies; formula, or legal codes; miranda, or popular versions of group character and fate. Can a growing sense of inclusive identity generate expectations and demands of great intensity and scope? Can such an enlarged self-image achieve stability by elaborating a comprehensive political myth?
3. Arenas, or the organized or unorganized setting in which political interactions occur (global, subglobal). Can a system of transnational and world identity contribute to the organization of a globally inclusive arena?
4. Base Values, or the assets available to participants for strategic use. Can the vitalized self-image of world community marshal and direct the use of economic and other resources in ways that strengthen public order?
5. Strategies, or the manipulations that precede outcomes, such as diplomatic, ideological, economic and military campaigns. Can the emerging system of identity stimulate the plans and operations required to consolidate and to sustain a strong and inclusive set of political institutions?
6. Outcomes, or the flow...
