10th International Scientific Conference

1/1/2019 The Great Powers

Influence on the
Security of Small
States
“The Role of the Rule of Law in the Balance
between Justice and Security in International
Relations”.

Author: Orlando Mardner CSM Dpi ILA CPO PSD PFSO SSO MIPSA
PROFESSIONAL SECURITY ACADEMY UK LTD. | OFFICE 2, UNIT B,
WREXHAM ROAD, LAINDON, BASILDON, ESSEX SS15 6PX.
1.0 Introduction.
The application of the rule of law is centuries old and can be traced back to many ancient
civilizations. Notable thinkers of the antiquity such as Plato, Aristotle, Cicero, John Locke, and
Socrates among others supported the principles of the rule of law. Aristotle argues that the
highest officials should only be allowed to wield power as servants and guardians of the law
(Knight, 2007). Plato consider the best man as an individual who is good at respecting the
established laws (Clarke, 1998). Cicero believes that everybody is a servant of the law in order to
be free (Cicero, 1975). John Locke notes that natural liberty is achieved by not being under
superior power, but under established laws (Locke, 1952). Socrates as well advocated for the rule
of law. In his assertion, subjects must always submit to the state, courts of law and laws of the
state (Allen, 1981).
The rule of law can be defined and understood through several principles which include:
good governance, just laws, effective dispute resolution, and culpability (Arnold and Martinez-
Estay, 2017). Government and private actors are required to remain accountable under the law.
The laws should be just in the sense that they are publicized, clear, evenly applied, stable. Law
enactment, administration and enforcement process should be efficient, fair and accessible. The
delivery of justice as well should be timely, handled by competent, neutral, independent
representatives; easily accessible and having the right and adequate resources. In view of
Bingham (2011) there is no government or an individual who is or should be above the law. In
another definition, Komesar (2001) writes that no government officials can and should enforce
unjust laws. The rule of law therefore implies a political situation, in which all members of a
society are equal before the dictates of the law.
2.0 Statement of the problem.
Considering that there are challenges associated with the rule of law makes it an area of
interest for the study. Some of the limitations include special privileges, delegation legislation,
diplomatic immunity, state of emergency, a broken justice system in many countries,
insurgencies and insecurity, ignorance and poverty. Ambassadors and diplomats are immune
against the laws of the country in which they serve. In the event of the breach of the law, the
special envoy must be sent back to the country of origin for trial. Several instances can be cited
under which convicted individuals have been set free due to diplomatic immunity. The 1984
murder of Yvonne Fletcher in London linked to shooting from Libyan Embassy for instance,

THE GREAT POWERS INFLUENCE ON THE SECURITY OF SMALL STATES | The role of the rule of law in the balance
between justice and security in international relations
deteriorated diplomatic relations between the two states; Libya and the United States, thus
prompted shelling of Libya two years later (Davis, 1990).
In another example, a Saudi driver killed a German cyclist in 2017. The death occurred
when the driver opened the door of his car on the cyclist’s side without confirming the clarity of
the road. Because of the diplomatic immunity, the charges of negligent manslaughter against the
Saudi driver were dropped as he walked freely in Germany (Staff, 2017). Employer abuse and
slavery has also been labelled against the special envoys. Jhunjhunwala presents the case of a
Bangladeshi woman who charged a senior Bahraini envoy for slavery in 1999. Through
diplomatic immunity, the woman reached a civil settlement with the employer at their New
York’s apartment. The list of the diplomatic immunity related cases is enormous, therefore
requires in depth understanding of the role of the rule of law in balancing justice and security in
international relations.
Delegation legislation permit statutory bodies to pass their own laws through the act of
parliament. Unlike the parliamentary laws which are widely publicized, delegated legislation
lack publicity and are subject to misuse. This places challenge on the provisions of the rule of
law. War and state of emergency is another problem obstructing the use of rule of law.
Enforcement of discretionary powers by governments when declaring a state of lawlessness
place restriction on normal activities and denies the people their constitutional rights.
Nevertheless, restriction is necessary in times of war to ensure citizens are secured. Ignorance
and poverty witnessed in most countries limits the application on the rule of law. Being unaware
of the universal rights amongst citizens of a country makes it possible for their freedom to be
violated.
A broken justice system; coupled with corruption and insecurity as well endangers the
rule of law in most countries in global affairs. The purpose of the study is to understand how the
rule of law applies to balance justice and security in international relations. Investigating the
problems associated with the rule of law and security are therefore important. This is helpful in
restructuring international relations strategies and diplomatic concerns.
3.0 Literature review. (2500)
3.1 Violence and the application of the rule of law.
Violent conflict remains a global threat to human rights, peace and sustainable
development (Harborne and Sage, 2010). The negative impacts of violent conflict including

THE GREAT POWERS INFLUENCE ON THE SECURITY OF SMALL STATES | The role of the rule of law in the balance
between justice and security in international relations
violation of human rights, forced displacement and poor health, grossly affects the poor (Alyson,
Keith & Theodor, 2007). To provide a sense of security, protection of basic human rights, and
freedom from fear; it is necessary that peace and confidence be established between states and
citizens (Harborne and Sage, 2010). The establishment of peace and confidence can be supported
through accountability to law and international principles, managed by institutions that are
capable of defining and enforcing just mechanisms, systems and interventions. Harborne and
Sage, (2010) insists that justice and security work together. Security ensures just processes and
outcomes, while justice advocates for the recognition of security as a basic human right.
Harborne and Sage, (2010) makes an attempt to analyze the relationship, overlapping and the
contradiction between conflict and justice under the conflict contexts, with an aim of placing the
efforts within the rule of law framework. While commentators argue that violence and conflict
can be contained by applying coercive strategies provided for in security and criminal justice;
commonly referred to as liddism (Bindenagel, Herdegen & Kaiser, 2017), the approach is not
appropriate for the re- establishment of the rule of law, especially after a large- scale violence,
which not only undermines the legitimacy of governments, but also international partners.
Miller, (1999) defines justice as the essence of culpability, fairness, and protection of
universal human rights. Justice focus on the legitimate and operational aspects of criminal
justice, which include prisons, police and courts. Other aspects of justice with little recognition,
but equally important are equal treatment in the use and ownership of property, land, labor and
administrative rights (Nova and Adams, 2015). Security is based on several concepts. To begin
with, Kelsen, (2000) notes human security implies a narrower sense of promoting freedom from
fear and violence. Second, security is focused on group protection. And lastly reference can be
made to national and international security, which are critical to credibility and confidence in
managing both national and international affairs. International relation is key in promoting
security. The quest for stabilization, which is the process aimed at managing and reducing
underlying tensions likely to cause resurgence in violence and break- down in law and order
support peaceful coexistence and longer-term development.
Harborne and Sage, (2010) makes an observation that governments and international
actors are under pressure, often confronted with a series of tensions, Faustian pacts in policy
formulation and implementation, sequencing trade- offs and moral hazards. Some of the key
challenges within the security- justice realm according to Harborne and Sage, (2010) include;

THE GREAT POWERS INFLUENCE ON THE SECURITY OF SMALL STATES | The role of the rule of law in the balance
between justice and security in international relations
1) Sovereignty and the centralized blocs. There is likelihood of limited external engagement
because of state sovereignty where violence exists within functional sovereign states. The extent
of external intervention is determined by the strength of the state, allowing entry into justice and
security concerns. 2) Transitional justice is the next challenge discussed by Harborne and Sage,
(2010). During a one- sided conflict or armed violence, unique contexts calls for special
considerations because of damages inflicted and sufferings caused. Transitional justice is
therefore critical in addressing the past to ensure the establishment of security and justice for the
future. 3) Sequencing and prioritizing setting is the third challenge with regards to security and
justice issues. Faced with a multitude of policy choices, Harborne and Sage, (2010) argues that
decision makers settles on short- medium, and long-term interventions, which falls under ranks
of priorities. Importantly, sequencing can lead to excision of laws and norms in the interventions
for addressing violence.
3.2 International relations versus international law.
Gotlieb, (1985) compares international relations to the Ruritarian lawyers’ saying: “For
their friends- anything. For their enemies- the law.” International relations are based on
international law; a system of rules tied to individual consent of the states for individual pursuits.
Beyond individual interests, enmity and friendship; lies the interests of the international
community. Gotlieb, (1985) therefore, argues that international law is a system of rules founded
on the consensus of community, intended for community purposes. Gotlieb, (1985) points to
some of the international relations challenges including debates over the existence of an
international order, or the international community, and whether the states are embracing
community- centered law founded on consensus as opposed to state- centered law based on
consent. The new global focus on the rule of law has promoted growth in United Nations
membership. Nevertheless, Gotlieb, (1985) notes that true consensus has been difficult to reach
at between the two divides at the United Nations; the consensus of power and the consensus of
numbers. The dialogue between the North and South for instance, has troubled economic
relations law, arising from economic imbalances and protectionism ideologies. The cornerstone
of the international law has been the reemergence of the quests for power balance between the
East and the West that has been on the receiving end of the widening global tension, take an
example of the widening economic rivalry between China and the United States. In view of
Gotlieb, (1985), efforts are being made to widen the influence of the rule of law to the

THE GREAT POWERS INFLUENCE ON THE SECURITY OF SMALL STATES | The role of the rule of law in the balance
between justice and security in international relations
contentious areas of national interests. The efforts, if used to the extreme, could potentially lead
to auto determination of universal obligations and rights; a path that Gotlieb argues Canada
would not follow. Canada’s main focus is to support the rule of law as opposed to dictating the
rules. The widely accepted legal principles are intended to govern the broader range of
international relations, whether with the East and West or North and South economic blocs.
Trade for instance, provides an important stake in international economic cooperation. The
contemporary obstacles to global trade calls for the reengineering of the scope of international
laws on safeguards, agriculture and services, to capture a system of rights and responsibilities.
This can be done through bringing into General Agreement on Tariffs and Trade-GATT, the
newly industrialized states. Global security also relies on international law and defensive
alliances. The application of the rule of law therefore, work in support of universal ideals of
freedom and stabilize democracies. To enjoy a long-term peaceful coexistence and human
security, it is fundamental that the hostilities, whether resulting from design or accident, must be
avoided at all costs. Gotlieb, (1985) introduces an argument in relation to the rule of law and
security. A sense of security must reside in an understanding of the global alliances, founded on
legitimate national interests and respect for international law, therefore, this view point
constitutes the rule of law, which according to Gotlieb, (1985) is far from being realized.
International law does not occupy foreign policy of states because of altruism reasons, but for the
purposes of national perspective and interest. For the interests of international relations, states
are required and charged by the law with a task to promote the development of international law
and the application of the laws in external relations. According to Gotlieb, (1985) international
law play significant roles in bilateral relations. Some of the importance include promoting
national heritage, promotes unity of states, shape policies, and mutual understanding. Thus,
Gotlieb concludes that the relationship between states and international actors transcends legal
principle and as well based on legal principles.
3.3 National interests over the rule of law.
One of the key advantages of liberal democracy is the rule of law (Turner, 2003).
Although not always followed perfectly, the principle of the rule of law is vital in the society,
that when breached, people would react with great outrage. Unlike the other forms of
administration such as dictatorship; premised on the rule of men (Scarry, 2010), the rule of law
implies that everyone is subjected to the same legal measures, and nobody is above the law

THE GREAT POWERS INFLUENCE ON THE SECURITY OF SMALL STATES | The role of the rule of law in the balance
between justice and security in international relations
regardless of financial resources, heritage or position. In isolated cases, it is not always by
default to place national interest and security first, over human rights and the rule of law. This
proves to be a pragmatic exercise in statesmanship, based on the doctrine of state preservation
and necessity. Nincic, (1999) notes that the concept of national interest provides the reference by
which foreign affairs are assessed and judged. National interests can be understood from two
perspectives; used to describe an interest, the significance is in connection to a particular
concern. Second, the interests are reflected on policies from within, such that the international
affairs do not contradict the national interests (Beard, 1934). Nincic argues that three principles
apply in national interests. Inclusiveness as the first principle is concerned with substantial sub
set of a nation’s population transcending specific interests of factions and groups. Third, is the
principle of exclusiveness, which is based on the idea of seeking national interest by the state
while not concerned with the interest of groups outside its boundaries other than domestic
interests? Lastly is external relevance. In this principle, the needs of a country are significantly
affected by the external environment and foreign affairs. To balance justice and security, the rule
of law must be given priority. This is because Nincic, (1999) believes that the love for power to
dominate may advantage the great states over the weak states, making it impossible to advance
international relations.
In international relations, national interests form the basis of realist perceptions. Because
of sovereignty, a country’s ambitions and goals carries a significant bargaining weight in the
international affairs (Donnelly, 2000). However, interests are recognized within the dictates of
the rule of law. National interests took much effect during the periods before world wars and
major global aggressions. Purely based on self- interest, states would embark on wars due to own
particular necessities. To balance the power between the weak and the strong states, progress was
made by formulating foreign policy (Hannigan, 2016), focused on pursuing national interests.
The collapse of balance of power paved the way for collective security (Downs, 1994); which
did not work because the United States did not take part in it. The concept of national interest,
therefore, have been criticized since it is incompatible with the international law. To prevent
aggressions, the use of the rule of law is emphasized in dealing with international issues,
therefore balancing security with justice.

THE GREAT POWERS INFLUENCE ON THE SECURITY OF SMALL STATES | The role of the rule of law in the balance
between justice and security in international relations
4.0 Goal statement. (250)
Bickman and Rog (1998) notes that goal statement in social science research should be
precise in communicating the scope and purpose of the study. This study is focused on achieving
several goals with regards to the application of the rule of law in balancing global security and
justice. In summary, the goals include; to guide global policy makers in designing and
implementing policies that applies equally within and outside the states regardless of their social,
political and economic status. Second, to encourage international diplomats and special envoys
to operate within the bounds of the law in their areas of jurisdiction, considering that no one is
above the law. Third, to suggest proper frameworks for addressing human rights breaches and
security challenges in ways that may not jeopardize cooperation and relation between one state
and the other. Finally, is to suggest redress of the policies that gives leeway and disadvantage
individuals or groups of individuals in the event of restoring global security, for instance during
civil unrests.
5.0 Research questions.
Research questions are standardized inquiries into the problem under investigation.
Bickman and Rog (1998) consider research questions the direction a particular study in social
science should take. This implies that the questions are the determinants of the research outcome.
The expectation would be the questions answered fully, partially or not at all, thus allowing room
for future research. The main questions of this study are: a) in what ways does the rule of law
apply in balancing security and justice in international relations? b) To what extent does
international relations policies and measures contravene the application of the rule of law,
especially when dealing with diplomats and special envoys? Finally, c) what would become of
global security and justice systems in the absence of the rule of law?
6.0 Methodology.
This section describes the methods and methodology of various stages of data collection,
analysis, presentation techniques and interpretation of the data. The segment also outlines the
process of obtaining data, the design process of the research and techniques of analyzing data.
Methodology guides the research which can either provides insights into various aspects of life
and generates data for analysis or highlighting people’s thoughts ,perceptions and experiences
in order to understand the rule of law(Simion,2016).The methodologies tend to show how the
rule of law in the balance between justice and security affects different states .Focusing on the

THE GREAT POWERS INFLUENCE ON THE SECURITY OF SMALL STATES | The role of the rule of law in the balance
between justice and security in international relations
Caribbean’s states such as Haiti ,Cuba among other islands states ,the outcome from the
research would be applied when addressing the global of other states. The research methods for
solving the problem statement helps to get views of the population, institution from the states of
the migrants and immigration states.
6.1 Research Design
The research approach that will be used for the purpose of this research will be inductive
logic which begins with the observations and theories are estimated towards the end of the
research process. This approach is very practical in observing specific issues relating to the
research problem in order to get a generalized theory (Goddard & Melville, 2011).
This helps in showing the processes of collecting and analyzing the information in the research
and address the research questions. The study is focused on getting the views of the people from
the different states sampled, analyzed and applied in answering questions. The use of case study
as design is appropriate for the research since is able to sample out specific states with aim of
answering the research questions and finding the solutions for the problems stated. A case study
helps in conducting an explorative investigation by evaluating the existence, strength of certain
formal rules and institutional capability.
6.2 Data Collection Methods and Tools.
The sources of data include expert’s assessments and surveys of regions and how relevant
groups agree and accept the state as justifiable (Bertelselsmann, 2011). Conducting Interviews
and questionnaires are also useful data collection mostly when looking for policy priorities and
how it is defined without religious interferences (World Bank 2002). Others include web-based
profiled, publications and journals related to the research topic also helps in providing valuable
data .Annual reports and various law journals of different intuitions or states also form part of
sources of data.
Heads or representatives of State departments dealing with managements, diplomacy and
law in general will be interviewed and views put together to help in analysis of data. Various
political entities for various states and opinions ranging in ascending order as well are
resourceful in the study. Interviews will be conducted in person or remotely on citizens of the
state that such policies are in being implemented and how court system is strong in decision
making. (ICRG, 1997). The structure of interviews will be formal or informal, focused, clear and
will encourage open-ended responses from the people being interviewed. However, there are

THE GREAT POWERS INFLUENCE ON THE SECURITY OF SMALL STATES | The role of the rule of law in the balance
between justice and security in international relations
various limitations that will come up with the interview process which include incomplete
process, poor record keeping, language barrier and lack of paying attention to both parties among
other demerits. Despite the setbacks interviewing have many advantages like it enables easy
correction of speech since it is orally based, it helps in developing relationship between
interviewer and interviewee and is less costly compared to other forms of data collection.
Surveys and carefully planned questions will also be useful in conducting research. In
order to get views and opinions of general public and leaders on the research topic, structured
questions will put in place to examine the existing authorities and areas in which rule of law is
stronger (Cavallo and Daude, 2011). The responses will be analyzed by assigning numerical
values that can be then interpreted well for decision making (Dixon, 2010).
Case studies are also useful for getting data too. Focusing on a single phenomenon from a
specific state, examining the people on issues relating to the management and governance being
researched (Dixon,2010). Case studies might be subjected to section bias, they are insufficient in
case of rare exposures and it is subjected to observation bias.
Regarding the data collection tools, the research will involve semi-structured
questionnaires will be used to guide the research. Some questions will be prepared to guide the
interview towards the specific objective such as “impacts of rule of law on child humanity”
(Du,2010). Additional questions will be introduced during the interviewing process.
6.3 Sample selection
The sample selections process relates to the samples with the regards to the focus on the
rule of law (Dixon, 2010). Within the context of participants, their views regarding the state
control will be sampled and analyzed to give the expected results.
6.4 Data analysis
The data analysis segment shows how data collected will be interpreted, scrutinized,
edited, examined and presented. Since the type of data will be majorly based on qualitative,
analysis will be based on the content. Content analysis is the systematic description of the
content of the objects and materials guided under some studies. Analysis is vital in reductions
and simplifications of data collected in straightforward way for understanding and satisfying the
obliged objectives.

THE GREAT POWERS INFLUENCE ON THE SECURITY OF SMALL STATES | The role of the rule of law in the balance
between justice and security in international relations
6.5 Ethical considerations
During the collection ethical issues will arise. Participants will agree to participate
voluntarily without being debilitated, abused, and intimidated both psychologically and
physically. Their opinions should not be undermined based on the rule of law regardless of
technology advancement or behavior of public administration. Performing calculations and
taking measurements using modern technologies has reach a point where humans blind to almost
outside of their measuring capacity hence should be done with tolerance and moderation. The
modern understanding of data analytics and skills is fixed in the political attitude of modern
societies which is based upon affairs of state and discipline.
6.6 Research limitations
Conducting research has various challenges which includes size of samples, cost of
preparing research materials, travelling cost, biasness to questionnaires and interviews. Notably,
if wrong methodology is applied, the interviewees may not corporate or provide expected results
thus may not be use in solving real time problem. Mining and categorization through the data
obtained can sometimes is time consuming. Qualitative research creates findings that are very
useful though difficult to present like interviewee might suggest keeping the existing laws and
refuse to answer more questions. The quality of the data that is collected through qualitative is
highly dependent on the skills and observations of the researcher, so supposed the researcher was
biased at a given point then, the outcome will be affected.
7.0 Conclusion.
Application of the rule of law in international relations has been heightened since the end
of World Wars one and two. This is so because the world would not want to engage in another
global aggression, especially in the advent of nuclear weapon. Therefore, the concept of
diplomatic immunity, which has helped in maintaining global security, as well as ensuring
dispensation of justice. The rule of the law therefore encouraged, and states are committed to
promote its application both in internal and external affairs.

THE GREAT POWERS INFLUENCE ON THE SECURITY OF SMALL STATES | The role of the rule of law in the balance
between justice and security in international relations
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