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Cardozo Journal of Conflict Resolution

Abstract

Time is on our side and security is to be found, only if we would have a change of heart about the role that citizens can play in the future of international law. True, citizens do play a role in the development and enforcement of domestic laws, especially in more democratic and Western societies. Citizens have also had significant influence in the development of international law. However, citizens (i.e. non-state actors) have not had a direct hand in the enforcement of international law through private action as accorded to state-actors (i.e. governments). This means that citizens, in most cases, have had to go through their governments or petition their governments for redress. Furthermore, there are countless non-democratic societies and third-world countries whose citizens do not have a voice in domestic government, much less a voice in the development and enforcement of international law.

The world is changing. A post-Cold War world is unlike the old world with known enemies, defined boundaries, and static, statist legal frameworks. A changing world needs a new paradigm. I propose that this new model consists of citizens playing a greater role in the development and enforcement of international law through an integration of legal principles and alternative dispute resolution mechanisms, such as negotiation, mediation and arbitration.

Section II of this Article discusses the changing world with an eye towards a worldview in which the citizen plays a greater role, directly or indirectly, in the affairs of the world. Section III addresses the current role of the individual in the framework of international law enforcement and how changes in the world have affected the role of the individual as well as other non-governmental entities. Section IV presents a proposal for the role of the citizen as well as other non-governmental entities in light of a changing world, a role which advocates for citizens acting as the first line of offense in the enforcement of critical international laws. Section V examines the benefits of citizen enforcement of international law. Finally, Section VI concludes with a call to action in a time of opportunity for recognizing officially what citizens have been doing unofficially since time began - ensuring peace and prosperity simply through a change of heart.

Disciplines

Dispute Resolution and Arbitration | International Law | Law | Law and Politics

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