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The problem of the "international community"

The problem of the "international community"

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Published by pinoydooyeweerdian
An exploration on the social and legal ontologies of the late Dutch Christian philosopher Herman Dooyeweerd (1894-1977) as these apply to international law. Indeed, for the most part, scholarship on Dooyeweerdian philosophy -- expressed to its fullest in his magisterial three-volume work The New Critique of Theoretical Thought (1953-1958) -- has largely centered on its domestic elaboration in relation to public justice as a task of the state. The paper proffers a first elaboration on some key themes in contemporary international law from a Dooyeweerdian perspective. Yet, I can only hope in this present work to deal with what my imagined readers may treat as a preliminary inquiry into the implications of the Dutch philosopher's theory of sphere sovereignty, on such issues as sovereignty (the individuality of states), the United Nations (as an embodiment of notions of “community” in the international plane) and international justice (the notion of collective/communal concern in the context of an international ordre public).
An exploration on the social and legal ontologies of the late Dutch Christian philosopher Herman Dooyeweerd (1894-1977) as these apply to international law. Indeed, for the most part, scholarship on Dooyeweerdian philosophy -- expressed to its fullest in his magisterial three-volume work The New Critique of Theoretical Thought (1953-1958) -- has largely centered on its domestic elaboration in relation to public justice as a task of the state. The paper proffers a first elaboration on some key themes in contemporary international law from a Dooyeweerdian perspective. Yet, I can only hope in this present work to deal with what my imagined readers may treat as a preliminary inquiry into the implications of the Dutch philosopher's theory of sphere sovereignty, on such issues as sovereignty (the individuality of states), the United Nations (as an embodiment of notions of “community” in the international plane) and international justice (the notion of collective/communal concern in the context of an international ordre public).

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Published by: pinoydooyeweerdian on Jul 21, 2011
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09/13/2013

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1 |
Page
 
T
HE
P
ROBLEM OF THE
“I
NTERNATIONAL
C
OMMUNITY
”:
 
R
E
-
CONFIGURING THE
I
NTERNATIONAL
L
EGAL
O
RDER FROM A
D
OOYEWEERDIAN
S
TANDPOINT
1
 
By Romel Regalado Bagares
Lecturer 
, Public and Private International Law,
L
YCEUM OF THE
P
HILIPPINES
U
NIVERSITY
C
OLLEGE OF
L
AW
Executive Director 
,
C
ENTER FOR
I
NTERNATIONAL
L
AW
-P
HILIPPINES
 For the “Future of Creation Order” International Conference,Vrije Universiteit Amsterdam, August 16-19, 2011ABSTRACT
An exploration on the social and legal ontologies of the late Dutch Christian philosopher HermanDooyeweerd (1894-1977) as these apply to international law. Indeed, for the most part, scholarship onDooyeweerdian philosophy -- expressed to its fullest in his magisterial three-volume work
The New Critique of Theoretical Thought 
(1953-1958) -- has largely centered on its domestic elaboration in relationto public justice as a task of the state. The paper proffers a first elaboration on some key themes incontemporary international law from a Dooyeweerdian perspective. Yet, I can only hope in this presentwork to deal with what my imagined readers may treat as a preliminary inquiry into the implications of theDutch philosopher's theory of sphere sovereignty, on such issues as sovereignty (the individuality ofstates), the United Nations (as an embodiment of notions of “community” in the international plane) andinternational justice (the notion of collective/communal concern in the context of an international ordrepublic).
 
I
NTRODUCTION
:
The Challenges of Liberal Un-Sociality
P
ART
I
1.
 
Between Two Equal Rights?2.
 
 Annus Mirabilis
: the Rise of Non-State Actors in International Law3.
 
Thomas M. Franck : Group Rights in the History of International Law Jurisprudence4.
 
The Empowered Self ?5.
 
The Rights Triad and the Moral Priority of Individual Rights6.
 
Nijman’s Narrative: Re-Conceptualizing International Legal Personality?
P
ART
II
1
This paper is a work-in-progress, with the caveat that references in this draft are still rough-hewn.
 
2 |
Page
 
1.
 
Towards An Inclusive “International Community”
 
1.1
 
The Problem of Composition1.2
 
The Problem of Structure1.3
 
The Problem of Value (and the International Constitutional Order)2.
 
Dooyeweerd’s Radical Social Ontology3.
 
Dooyeweerd’s Radical Legal Ontology3.1
 
Corporations: no mere creatures of legal fictions in international law3.2
 
An integrative vision for civil society3.3
 
Civil society: between the broad and the narrow senses
P
ART
III
1.
 
From “International Community” to “Inter-Communal Legal Order”2.
 
Dooyeweerd’s Inter-Communal Legal Order2.1
 
Wolfgang Friedman and Correlative Enkapsis2.2
 
Correlative Enkapsis as Reciprocity and the Possibility of InternationalLaw2.3
 
National Interest versus International Interest3.
 
Re-imagining the United Nations4.
 
Chaplin’s Proposal: Collapsing the Social into the Communal5.
 
International Civil Society and the International Communal Legal Order
C
ONCLUSION
 B
IBLIOGRAPHY
 
 
3 |
Page
 
As soon as the inter-individual and inter-communal relationships areviewed as
intra-communal,
and the structural idea of internal sphere-sovereignty of the different orbits of societal life is replaced by thoseof autonomy or functional decentralization, there is no
 fundamental 
and
radical 
defense against the totalitarian systems.
2
 The foundation of law is not force but justice.
3
 
I
NTRODUCTION
:
The Challenges of Liberal Unsociality
 
In this paper, I address contemporary critiques of state-dominated international relations,which highlight both the erosion of the power of the territorial state as well as the calls fora more inclusive “international community”. Hence the tension between state individualityand the notion of an international community that, over time has expanded to includevarious non-state actors as active participants.
In Part I, I will first discuss how much of contemporary international legal theory looks at thisconflict of positions. Here, nominalism pervades so much of theorizing in international law.Either the state is a monadic individual or it is reduced to a social contract among its basicelements – the free and autonomous individuals. Either the state eclipses everything else oreverything else is explained away by recourse to atomistic individuals as the ultimateexplanation of social and political reality. And finally there is the now proverbial oppositionbetween the individual and the state (on the level of domestic politics) or state sovereigntyversus international community (on the level of international relations).In another occasion I have outlined how the philosophical movement of nominalism paved theway for the construction of theories of the state in terms of either the all-encompassing wholeor of something identifiable only through its supposed basic elements: the individuals whomake up the social contract.But for purposes of this paper, I will now discuss it in brief, beginning with Dooyeweerd’scriticism of Grotious’ international law: “Even in Hugo Grotius, who externally follows theAristotelian-Thomistic doctrine of the
appetitus socialis
, authority and obedience have no
2
III D
OOYEWEERD
,
 
N
EW
C
RITIQUE
,
 
supra
note 21 at 603.
3
Philip Allot,
State Responsibility and the Unmaking of International Law 
29
 
H
ARVARD
I
NT
L
L
 
J 16, 24 (1988)

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