Annie
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Lots of links:
http://www.claremont.org/weblog/005192.html
http://www.claremont.org/weblog/005192.html
U.N.-Natural Law
Glenn Reynolds alerts us to this U.N. Report which denies that there is such a thing as a right to self-defense in international law.
No international human right of self-defence is expressly set forth in the primary sources of international law: treaties, customary law, or general principles.
As Reynolds notes, David Hardy shows the pretzels of logic, or perhaps of illogic, that the U.N. needs to make in order to reach that conclusion. As he notes, the U.N.'s conception of law is simply positivistic, and hence divorced from nature. In other words, it is arbitrary ideology, not law.
People writing reports for the U.N. should consider what the founders of the modern ideas of the law of nations had to say about the subject. Hugo Grotius was quite clear on the subject. Emmerich de Vattel was too:
IN vain does nature prescribe to nations, as well as to individuals, the care of self-preservation, and of advancing their own perfection and happiness, if she does not give them a right to preserve themselves from every thing that might render this care ineffectual. This right is nothing more than a moral power of acting, that is, the power of doing what is morally possible what is proper and conformable to our duties. We have, then, in general, a right to do whatever is necessary to the discharge of our duties. Every nation, as well as every man, has, therefore, a right to prevent other nations from obstructing her preservation, her perfection, and happiness, that is, to preserve herself from all injuries (§ 18): and this right is a perfect one, since it is given to satisfy a natural and indispensable obligation: for, when we cannot use constraint in order to cause our rights to be respected, their effects are very uncertain. It is this right to preserve herself from all injury that is called the right to security.
The U.N. is therefore wrong to say, "primary sources of international law: treaties, customary law, or general principles." Clearly the U.N. has cut international law off from its root.
Of course, as I have noted before the U.N., has grown to be hostile to the natural rights foundation of the United States by its very nature. At the foundation of the U.N.'s understanding of law is an idea that is irreconcilable with the natural rights foundation of the U.S. Hence the U.N. does not grasp the necessity of a natural right to self-defense, a right of inestimable importance to us, and formidable only to those who would be tyrants.
Richard Samuelson | August 31, 2006 | 02:04 PM