Shrinkage of the Nation State and the Rise of International Institutions and Bodies
On
Prof. Kusumlata Kedia
With the development of international institutions formed after the Second World War, the jurisdiction of sovereign nation state has been limited in many subjects and areas. International laws have been developed which apply to all nation states that sign international treaties. Such as - laws of human rights, laws related to child labour, international laws related to the movement of aircraft and ships, international laws related to women and children, international laws related to the environment and rights of civil groups etc. International laws have developed in many directions and in many subjects since the second half of the 20th century because the complexity of modern life has become multidimensional. Every society believes in certain social, economic and political values and on their basis the social system develops and the legal structure is also formed in the same way. But new international laws interfere with the sovereignty of the nation state in many subjects. In fact, international laws have developed with the idea of an international political system. An international legal system is also being developed based on this idea. Its main initiative is taken by Western European rulers like the United States of America, England and France and their intellectual dominance over other countries is also decisive.
International laws are made keeping in mind a world and society whose most important and decisive institution is the 'State' (The State). Under the dominance of the United States of America and Western European countries, such changes have been brought about at the global level in which the state has started representing the hopes and aspirations of the people. The protection of their life and property also depends on the state. That is why in international law, interference in the integrity and totality of the boundaries of another sovereign unit by a sovereign entity is prohibited. International rules have also been made not to use military force in resolving disputes. Similarly, giving equal voting rights to every nation state in the United Nations General Assembly is also a part of this process. Although many questions naturally arise regarding this process. Because there is a lot of difference in the size of nation states. Some nation states have only a few hundred citizens whereas there are countries like India and China where the number of citizens is 140 to 150 crores. The nation states of Europe have a population of around 4 to 5 crores. Whereas many nation states of West Asia and Middle East formed after the Second World War have a population of only a few lakhs. In this way, the international institutions which consider the nation state as a unit seem to be making severe discrimination in measuring the value of a human being. Because considering 100 people as one unit and even crores of people as one unit is like considering 100 people as crores of people. Therefore, the deciding factor in this legal system is the state institution, not the justice institution. Because from the point of view of justice, 100 people cannot be equal to crores of people.
Along with this, international institutions have been formed under the leadership of Western Europe and the United States of America to control world politics and they try to keep the conflicts between different states under their control. Although they do not succeed every time. Sovereign nations take decisions about war at their own level and international institutions intervene and mediate between them. International peace forces have also been created for this purpose to maintain pressure and monitor ceasefire.
International law not only controls the new states formed after the Second World War, it also interferes to a limited extent in the sovereignty of all the nation states of the world. Because many laws have not been made considering the nation state as a unit but they are also related to groups of individuals and public and private institutions. Environmental protection, international trade, human rights, international labour, world health, international institutions formed for educational and cultural fields and rules related to the use of space and world order related to communication, are such areas for which international provisions have been made which clearly interfere in the sovereignty of the nation state. In this way, the control of international rules on the sovereign nation state has increased to a significant extent.
It is worth mentioning that the Vienna Congress had decided in 1815 itself about creating a political system and a corresponding international legal system in accordance with the conditions of Europe. Since then, Western European countries and the United States of America have been making joint efforts in this direction. There are four types of schools of thought among Western European and American jurists on this subject. According to the jurists called realists, the main objective of the state in an anarchic international system is to keep itself alive and strong. For this, they use their power to the maximum to protect their power and their borders. States will agree to the international system to the extent that it protects their interests. Hence, states accept only those systems and legal norms that increase their own power and give a systematic form to their hegemony over relatively weaker states. Thus, they deliberately keep violating international rules in their own interest. Hence, international laws can be accepted only in those areas where they do not hinder the sovereignty and autonomy of the states. Thus, in fact, international laws become an object of violation. Hence, a system of implementing them forcefully and a system of punishing the violators should be considered.
Another view is that of liberalism. In international relations, liberals are of the opinion that the basis of agreement between states is determined by their domestic policies. That is why democratic governments accept international law more easily but undemocratic governments do not accept it easily. In democratic societies, civil society and administration are interested in international or multinational cooperation at many levels. That is why acceptance of international law is easy there. There is an easy environment of mutual trust between them.
Another opinion is of rational choice and game theory. Those who believe in this opinion trust more on market forces. People take rational decisions with a view to expand their choices. Therefore, the international system should be in accordance with economic principles. International law has the greatest influence and pressure on the foreign policy of states. For this, different pressure groups keep trying to increase their influence and pressure on the entire process of international law. Human rights activists, feminists, environmentalists and pacifists have organized themselves as international communities while living within their respective nation states. They work to put pressure on their nation states as well as the international legal system in their favour. In this way, many influential communities and thought groups are working to limit the sovereignty and sovereignty of nations.
It was with this view that the United Nations was established and then many world institutions like World Trade Union, World Health Organization, International Labor Court, International Court of Justice etc. have been formed. The United Nations was established after the Second World War. Its objectives are described in its manifesto. Its very first article says that "The United Nations has been established to maintain international peace and security. It has been established to try to prevent peace wherever it is threatened and to stop the aggressive party and to try to find a solution in a peaceful manner. The objective of the United Nations is to develop friendly relations between nations and to try to maintain mutual friendship on the basis of the right to equality and the principle of self-determination. Our goal is to try to solve problems through international cooperation in all areas related to economic, social, cultural human behavior. For the common interest of the nations, we will try to establish harmony among the nations for the welfare of the world.''
It is clear that these purposes are very broad and for this it is necessary to work through many institutions at many levels. According to Article 2 (7) of the Charter of the United Nations, the United Nations recognizes the independence and sovereignty of its member nations. That is why it will not generally interfere in the domestic affairs of any nation.
The United Nations has set many ideals and standards for its own and the conduct of nation states. The six main organs of the organization are the General Assembly, the Security Council, the Economic and Social Council, the Trusteeship Council, the Secretariat and the International Court of Justice.
Security Council
The function of the Security Council is international peace and security. 15 nation states of the United Nations are its members. Out of these, five are its permanent members - the United States of America, the United Kingdom (Britain), Russia, China and France. They also have the right to veto. The remaining members are elected every two years. They are elected by the General Assembly of the United Nations.
In 1945, these countries were elected on the basis of political power. If 9 votes are cast in favour of a decision, then that decision will be binding. In principle, the right of veto can be given to other members at the appropriate time, but that process is very complex. The expansion of the Security Council is also under consideration.
It has three permanent committees - the Committee of Experts which makes the rules of procedure, the Committee of Administration and the Committee which convenes and arranges the meeting of the Security Council. Along with this, there are many ad hoc committees. The decisions of the Security Council are binding on all its members. Both the options of peaceful solution and forceful solution are before the Council and it has the right to both.
General Assembly
The General Assembly is the permanent body of the United Nations. Representatives of all member nation states are in this General Assembly. At present, representatives of 192 nation states are in the General Assembly. All 192 members are considered to have one vote each. Whereas there is a lot of disparity and difference among the member nation states in terms of size, population, resources etc. Apart from this, the other three major organs are associated with a particular field of work as per their name and work for the same. It is clear that all these institutions interfere with the sovereignty of nation states to a great extent and keep obstructing them at many places.
Some examples
Some examples will be useful from this point of view. In this context, it is definitely worth keeping in mind that these international institutions are not equivalent to nation states but they are governed by experts of their field. The resources for them are allocated by the nation states only.
World Health Organization
The World Health Organization was formed in 1946 AD. Its objective was initially declared to be what would be the effect of the use of nuclear weapons on public health and hence how to prevent their use. But gradually its scope kept increasing and it tries to determine or influence the direction of health and medical services in the world.
UNESCO
Similarly, UNESCO was established on 16 November 1945. The full name of UNESCO is United Nations Educational, Scientific and Cultural Organization. It is an organization that works to promote peace and security through international cooperation in education, science, culture and communication. UNESCO's mission is to create a culture of peace, eradicate poverty, promote sustainable development and encourage inter-cultural dialogue.
Its headquarters is in Paris. It has 195 members and 8 associate members. Some notable programmes of UNESCO are as follows:-
1. Universal Copyright Convention (1952)
2. Man and Biosphere Programme (1971)
3. World Heritage Convention (1972)
4. Convention for the Safeguarding of the Intangible Cultural Heritage (2003)
UNESCO also works to identify, protect and preserve cultural and natural heritage around the world. India has 43 UNESCO World Heritage Sites, including the ‘Mound-Burial System of the Ahom Dynasty’ in Assam, which was added in 2024.
Thus it is clear that UNESCO influences the policies and programmes related to education, culture and science of various nations. Although formally it works with the consent of the concerned nation-state, but Euro-Christian beliefs and convictions are deeply rooted in its structure itself. Therefore, the people of UNESCO have a transformative effect on a society with different culture and different beliefs, which is clearly but subtly an interference in the sovereignty of the nation-state.
लेखक
Related Posts
Latest News
01 Jan 2025 17:59:59
India of our dreams 1. Become a true Sanatani All of us, the descendants of Rishis and Rishikas, should follow,...


