By Stefanos Michelakakis
In a world where globalization has established a strong connection between nations, international law stands as a hope for global order and justice. However, the world lies in a complex web of cultural, historical, and geopolitical influences that raise the question: Is international law truly international?
The Principle of Universality:
The principle of universality asserts that certain fundamental rights and norms transcend cultural, national, and religious boundaries. It forms the cornerstone of international human rights law, proclaiming that all individuals, regardless of race, nationality, or creed, are entitled to fundamental rights and protections. At its core, universality seeks to establish a common moral standard that binds nations together in the pursuit of justice and dignity for all.
However, the application of universality in international law is not without its challenges. Cultural relativism, geopolitical power dynamics, and divergent interpretations of rights and freedoms often complicate efforts to achieve consensus on global standards. Despite the existence of treaties and conventions aimed at codifying universal principles, discrepancies persist in how different civilizations conceptualize and prioritize human rights.
Diverse Perspectives on Human Rights:
To understand the nuances of international law’s universality, it is essential to examine how various civilizations perceive and interpret human rights. In Western societies, individual liberties such as freedom of speech, religion, and assembly are often paramount. The Universal Declaration of Human Rights, drafted in the aftermath of World War II, reflects this emphasis on individual autonomy and dignity. In contrast, Eastern civilizations, particularly those influenced by Confucian and collectivist philosophies, tend to prioritize communal well-being over individual rights. In China, for instance, the concept of “harmony” is deeply ingrained in traditional values, emphasizing social cohesion and stability. This emphasis on collective harmony sometimes leads to tensions with Western notions of individual freedom, as seen in debates over internet censorship and political dissent. Similarly, Islamic civilizations uphold the concept of human rights within the framework of Sharia law, which encompasses both individual rights and duties prescribed by religious teachings. While Islamic jurisprudence guarantees certain freedoms, such as the right to fair trial and freedom of worship, it also places limitations based on religious precepts and societal norms.
Implications for International Law:
The coexistence of diverse cultural perspectives on human rights presents both challenges and opportunities for international law. On one hand, it highlights the need for a nuanced, context-sensitive approach that respects cultural diversity and historical legacies. Attempting to impose Western-centric values on non-Western societies risks undermining the legitimacy and effectiveness of international legal norms. On the other hand, the principle of universality serves as a common foundation for dialogue and cooperation among nations. Despite differences in interpretation, most civilizations recognize the inherent dignity and worth of every human being. By emphasizing shared values and principles, international law can serve as a bridge between disparate cultures, fostering mutual understanding and collaboration on global issues.
