The problems of international law are based on a flawed philosophical grounding in which, because of the fact that it grew out of the political system and philosophy of power and dominance, it was taken to be an expression of ad hoc equilibrium which was struck by the various players accepted that they had acquired an even hand with their adversaries. The United Nations was rightfully the beginning and ending of the principle of international law. Yet because the power based system that essentially means now globalised capitalism cannot achieve any sort of inner cohesion or equilibrium because it is based on at best partial and at worst utter irrationality and hence the job for the UN became almost impossible in which it has, now, to work impossibly hard to achieve the unattainable in that it has to learn to find a way to establish utter irrationality appear rational.
Coming back to the problem: the international law concept accepted that the nations of the world are members of the UN and hence are in themselves to be holder of absolute sovereignty. This means only one thing: fencing in the oceans! How could you mark your boundaries on the oceans and how do you then go onto police that territory that has been mapped out using pseudo lines? The very political philosophy that accepts that is doomed to failure.
This goes right into the heart of the United Nations. Members have a right to run and manage their own affairs and they have a right to defend themselves. These two rights are incompatible with the principles of international law and peace, justice and human rights etc.
How? Well, let us look at Iraq. Iraq is a sovereign nations. So is Zimbabwe, Sudan, Russia, China, Russia, America, Israel, Palestine and Britain and so on. Hence, when Saddam killed thousands of his countrymen the UN did not or could not do anything. Because Saddam was exercising his sovereignty. Internal affairs! Sudan is doing it, it's running its own business. Zimbabwe doing it, no problems it is running its internal business. Israeli occupation of Palestine and continual massacre of Palestinian population is justified as it is viewed and seen by the major powers, members of the UN defending oneself! America, Britain, Russia doing it. They are defending themselves! Everyone has a right to defend.
Now once you say that one can run their own business however way they please you cannot then interfere with that. Once you say one can defend themselves legitimising whatever they do as self defence then you cannot go on to accuse them of something else!
Hence when Indian Army continue fighting their own people in their country, the UN cannot do anything. When Russians go on rampaging Chechnya the UN stays mute. When Israel goes onto continue the occupation and killing the UN only passes resolutions.
The same goes to all over the world. The contradictions are systematic, systemic and symphonic at the UN and it is due to the fact that the UN is an expression of capitalist socio-econo-political system and hence like its mother system it cannot eradicate contradiction.
That is why officially all nations are the same yet only five members can veto anything and everything. That is why every members says that they are going to obey the UN charters and declarations yet the UN knows that they do not and yet it cannot do anything.
Why do the UN need human rights declarations because it knows its members are the culprits that they themselves violate and infringe all the human rights. Who else can violate human rights other than the organisations that hold infinite amount of power over poor citizens.
Hence like the globalised capitalism the old doctrine of sovereignty has to be buried in the sand. There cannot be borders on this planet. Borders mean violation of human rights, it means brutal massacres taking place and all sorts of barbaric acts and lunatic murders are carried out. The sovereignty is of the planet which is gathered by the moral power and authority of humankind which can only be used and utilised in promoting, supporting and nurturing humanity. If that becomes the case Israel cannot continue occupying Palestine and keep murdering everyday, Saddam or Mugabe will not be able to brutalise and massacre his nation, Russians cannot do that either.
No matter how we scream about human rights and civil liberties, for the rights of children and women, for the rights of minorities and migrant workers and the protection of the environment we are not going to go anywhere. Human rights cannot be achieved sustaining this old dead doctrine of sovereignty.
There cannot be any body or anybody sovereign on this planet but the humankind that occupies it. There cannot be any body or anybody bigger than the race that makes all the bodies and support them. Hence the false uniqueness of nations and their so called sovereignty is working against humanity.
This contradiction is getting us watch in utter helplessness the murders and massacres of humanity, hunger and famines and all the other horrors that are taking place! This old doctrine will have to be change.
If we are at all serious about human rights and due process of law and the principle of international law than we have to get up and say it is time we accept that sovereignty as the power of humankind in a universal manner where we are part of not a planet but an infinite universe which must now be protected from violent abuse and maltreatment eventually causing the humankind to perish.
This is a fact and not any part of fertile imaginative plot of a science fiction. The Moon is on sale on a buy one get one free basis, in a couple of years time space travel is taking place. Soon there is going to be a time when major powers are going to try and occupy the space and hence dominate the whole human race and subjugate the whole planet and the solar system to their feet.
Hence let us be serious about it: let us stop pretending. Look at this hypocrisy: all the members of the UN are the nations of the world and without them there are not any nations left who could come and attack these UN members. They all are together signing the UN charter saying that they will not attack each other. If they mean it and they give authority and power to the UN then why on earth then they need to have a right to defend themselves! If no UN members were to attack any other UN members who are they going to defend themselves against! That is the contradiction, the irrationality. Moreover, this sovereignty thing is an idiotic expression of muddled up diplomacy! Nations cannot be sovereign. If any body can be sovereign on this planet it is not even the UN but the humankind it claims to support! The sovereignty is a ludicrous political and philosophical premise and it is endangering the life and humanity itself. The whole planet is facing collapse with regards to environmental catastrophe yet we see the UN members, albeit, big ones, refusing to address this serious issue that threatens the very life on earth! This cannot go on. It is time the globalised capitalism to be brought to a halt and the UN is forced to get out of the control of capitalism and so called sovereignty!