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But Westphalia dawned a new world order: multiple sovereignties. And to this day, these sovereignties are a problem in respect to the enforcement of international law. And contemporary authors still agreed the twin doctrines of “sovereign immunity” and “act of state” stand in the way of effective enforcement of international law. Judicial recourse within municipal legal systems in cases of non-compliance with international law almost always flounder on the “political question” doctrine.
Perhaps one of the most powerful arguments for international law comes from Rosalyn Higgins, former president of the International Court of Justice. For her, international law is best viewed as a set of decision-making processes and principles rather than as a set of rules.
ONLY recently, Prof. Clarita Carlos, a political scientist often consulted both by government and others on policy issues and one of UP’s glittering contributions to the firmament of academia in the Philippines, commented, almost in dismay on Facebook, a medium of which she and I are votaries, that international law is really “might is right.”
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