M


/Tatanan

Masyarakat Internasional

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 laim empiris, prediktif dan deskriptif

1, The State is not the only actor in the

international system, but it is still the most
important actor

Transisi dari ³exclusive´ menjadi ³primary´,

Pada saat yang sama terjadi disagregasi negara

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In a world of global markets, global
travel, and global information network ,
of weapon of mass destruction , and
looming environment disaster of global
magnitude, government must have global
reach.

a
6. The State is not disappearing, but it is
disaggregating into its component
institutions, which are increasingly
interacting principally with their
foreign counterparts across borders.

C: G-6
, BIS, IOSCO, FATF, Nafta,

APEC, IAIS, regional org EU, IBA dll
¦

orld of governments , with all the different
institutions that perform the basic functions of
government ± legislation, adjudication,
implementation & interacting both with each
other domestically and also with their foreign
and supranational counterparts. «The relate to
each other not only through the Foreign Office,
but also through regulatory, judiciary, and
legislative channels.

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a. Those institutions still represent distinct national
or state interests, even as they also recognize
common professional identities an substantive
experience as judges, regulators, ministers, and
legislators.
¦. In many circumstances, states will still interact
with one another as unitary actors in more
tradistional ways.
D







 


  


ÿ
£. Government networks exist alongside and
sometimes within more traditional international
organization.

Conclusion:

The state is not disappearing, it is

disaggregating. Its component institution are all
reaching out beyond national borders in various
ways, finding that their once ³domestic´ jobs
have a growing international dimension.
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Eventually, we will be leading toward a
discussion on the interaction, the position
and the structure of national legal system
vis a vis international legal system:
The divide between international law and
national law has started since 1-th century,
leading toward theoretical debates. So
critical that the Hague Academy hold
several courses devoted to this topic.
[
 The heart of debates
betweenMonism versus Dualism
That a state cannot invoke national law to
justify non compliance with international law;
But

International law could not be enforced

without internal willingness of a state to
comply

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 State as metaphysical being

Hegel: p

  
 





  

  


 



 


 






   


International law was conceived of
merely as external law of the State
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Under this view, international law
concerns the external life of the state,
but it is not above the State since it has
its source  the State (will).
Internal and external public law,
international law and municipal law
are completely separate orders.

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The State¶s sovereignty and power are not
limited by international law, on the
contrary international law is used as an
instrument to exercise them.
Hegelian thought marked international
law theory significantly because of its
glorification of the State and it
sovereignty. ( Anzilotti, Triepel, elsen)
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Triepel accepts dualism as the only possible
perspective: ³ 





 
 


 


But entering 6
th century Hegel influence
alongside with German diminishing in power
especially in Europe identified by the forceful
response and total rejection to dualism.

1a
Scholars like Brierly, elsen aims at strengthening
the position of the individual , and democracy, and
subjecting power to the universal rule of law by
arguing the existence of international law as a law
limiting the state¶s actions.
Monism was first and foremost an attempt to restrict
power of the State and to empower the individual
and protect human dignity.
uestioning the legitimacy of international law by its
lack of enforcing power, Austin¶s positivism theory.
1¦
 esources

Martti oskienniemi; The Structure if International

Legal Argument : From Apology to Utopia; New
York ±Cambridge Univ. Press ± 6

-;
anne Nijman and Andre Nollkaemper; New
Perspectives on the Divide Between National and
International Law; Oxford Univ Press - 6

-
Anne-Marie Slaughter, A New
orld Order;
Princeton & Oxford - 6

¦

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