international "law". interview with richard falk.

Very interesting interview with Richard Falk.  Internaitional "Law"  and Human rights ?




Richard Falk: To be a hegemon is inherently ambiguous, usually implying some mixture of dominance and legitimacy, that is, being seen as contributing global leadership in a generally benevolent manner. As such the meaning of hegemony is subject to varying interpretations depending on how the historical role of the United States is interpreted. 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. More recently the US has more accurately been viewed as a militarist ‘empire’ that fights destructive wars and intervenes in a variety of societies, especially in the Middle East to retain control over oil reserves, and lends crucial support to Israel that not only oppresses the Palestinian people but threatens to convert the entire region into a war zone. At present, the United States, with over 700 foreign military bases, navies in every ocean, a programme to militarise space, and drone bases planned for all regions of the world, is increasingly perceived in relation to its hard power diplomacy, a threat to political independence and stability for many countries. It is perhaps best viewed as an ‘authoritarian democracy’ within its own territory and as ‘a global state’ of a new kind when considered internationally




RF: Throughout its history, from its modern origins in the seventeenth century, international law has served the interests of the powerful and wealthy, but also contained the potential to protect the weak and vulnerable. It is truly both a sword and a shield, and this double reality has persisted up until the present era. Historically, 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. 

Since 1989, the United States has shifted its attention to democracy promotion and human rights, both of which have been irrevocably linked with free-market economics. As a consequence, ‘democracy’ has become synonymous with free trade and ‘human rights’ have been reduced to political and civil rights (with economic and social rights, which were also included in the UDHR document, sidelined). But are democracy and human rights even compatible with free-market economics? 

RF: This is an important issue that is rarely discussed intelligently. I would respond in two different ways. First, there 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. The atmosphere of fear and security manipulated by the government has converted American citizens into terrorist suspects who are all subject to arbitrary and unreviewable detention and surveillance. Cumulatively, American society is sliding toward a new form of ‘authoritarian democracy’. Elections continue, free speech is generally protected, institutions operate in accordance with the Constitution, but the reality of state–society relations is dramatically altered by the counter-terrorist claims of emergency rule and the right of exception. 

http://www.counterpunch.org/2012/12/14/the-future-of-international-law-and-human-rights/