A HOLE WITHIN THE WHOLE: “How US exploit the International System”. By M K Ilyasu

A HOLE WITHIN THE WHOLE: “How US exploit the International System”.

By

M K Ilyasu

It is the historic and enduring nature of international law that it supports the International order of structural violence so frequently depicted (Johan Galtyng: Structural Theory of Imperialism) and (Asborn Eide: Int Law, Dominace and the Use of Force).

We can only suggest that the transformation of the international legal order into an order so radically just as to eliminate structural violence is unlikely to be accomplished by the emergence of a new source of law which nonetheless keeps control over the law in the hands of entrenched and interlocking elites.

While this truth should prompt moral concern, its dogmatic assertion would invalidate any consideration whatsoever of law making in the context of the global community as we know it now.

Principled decisions guided by Public Considerations have the nature of Law
A. Decisions that are both Enforced and General in Scope.
B. Decisions that are Specific, but nonetheless Enforced.
C. Decisions that are not Enforced, but still obeyed and general in Scope.
D. Decisions that are neither General nor Enforced, but still Obeyed. (This is mostly within the UN system)

As with some theories, conflicts serve to resolve divergent interests, to integrate nations and to generate a consensus about issues and their resolutions. In social system composed of sovereign actors who posses the power to ignore all rules, the sense of community induced by shared fear of violence can go far in producing consensus in the global community.

It may well be one of the ironies of history that the contemporary threat of global destruction which war poses in an increasingly interdependent and interactive world (Hoffman and Deutschmark) may precipitate the birth of transnational attitudes conducive to the development of international law and the creation of World Law. (Elise Boulding)

If this and the preceding hypothesis are valid, then two entwined conclusions are evident.

First, the process of legal rule formation is potently affected by sociopolitical changes in the international system.

And, second, the norm growth capable of eventually culminating in developed global law is contingent upon the continued evolution of those systemic political conditions.

International
Law WILL NOT develop into world law UNTIL the global system makes the transition from an “Unorganized” society to “ORGANISED Community”, or, when the prevailing “Ordered Anarchy” of the present global system is replaced by a system with more effective law making and law enforcement institutions

01/03/2026