The thesis is a two-level approach to understanding international law’s relationship with utopian concepts. Firstly, by introducing human condition as a utopian focal goal of international law, the thesis assesses how such a focal goal plays a key role in the development of this particular system of law. By analysing the establishment of the League of Nations and the United Nations, the thesis pinpoints the importance such a utopian focal goal plays on the overall development of the international legal system. The second level to the thesis is investigating how States interact with utopian focal goals of international law. This is done in order to understand when States are most likely to undermine such focal goals and why States resort to such decisions. The thesis analyses the dual duties States have- the first duty States have to their own populace, and the second duty being to the international community- and thus surmises that it is the State’s tendency to focus upon its primary responsibility that is a reason for undermining utopian focal goals of international law. Through such analysis, the thesis advances the argument that the primary position States enjoy in international law requires reassessment if achieving utopian focal goals of international law is of prime importance.
States undermining international law: how and why the League of Nations and the United Nations failed the utopian goals of International Law
Mawar, D. (Author). 1 Feb 2020
Student thesis: Doctoral Thesis › Doctor of Philosophy