Assessment Of The Effectiveness Of International Constitutions
The effectiveness and ineffectiveness of international constitution over member countries of the United Nations is explained at length in this article.
Just like the domestic constitution of most countries, the international constitution has universal acceptance and member countries of these organizations recognizes them and abide by the dictates of the constitution.
Majority of the international laws and conventions are obeyed without any reservations, by member countries. Such laws includes maritime law, aviation, international trade immigration, emigration, citizenship etc.
International law has been able to bring international peace and security. This has been made possible through the international court of justice which hears cases and disputes among countries of the world such as those affecting human rights violation and other crimes that affect the relationships among member states.
However, there are certain limiting factors that make the international constitution not to work effectively.
international laws are agreed to by member countries on a gentleman basis as there is no compulsion or means of compulsion. Sanctions are been imposed recently on erring member nations that fails to comply to the provisions of the international constitution.
There is no military force or police to enforce or enhance strict adherence of member nations to maintain law and order and bring to book international culprits.
The decision or judgment of the international court of justice is not usually obeyed immediately by member nations who sometimes claim supremacy of their domestic constitutions well and above the international constitution.
The so called “big nations” especially the five permanent members of the security council flout at will the rules of the international organizations. Such big nations only observe the rules out of their own volition and not as a result of compulsion.
This kind of behaviour cannot be seen in a country operating a domestic constitution as individuals cannot disobey or refuse to comply with the law of his country without been punished.
All the ineffectiveness of the international constitution, be it as it may, we must note the fact that the existence of international constitutions and the moral persuasion on individual member nations to comply with its provisions has to a large extent been responsible for the high level of peace and stability experienced around the globe. Otherwise, the stronger nations would take laws into their hands and oppress the weaker ones.
