Global Security and Public International Law

Proceedings of The 14th International Conference on Humanities, Psychology and Social Sciences

Year: 2022

DOI:

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Global Security and Public International Law

Mihaela Aghenitei

 

ABSTRACT: 

The content of global security has expanded over the years. Today it covers a variety of interconnected issues around the world that affect survival. It varies from traditional or conventional modes of military power, causes and consequences of war between states, economic power, ethnic, religious and ideological conflict, trade and economic conflicts, energy supply, science and technology, food, and threats to human security and stability of states of environmental degradation, infectious diseases, climate change and activities of non-state actors.
The United Nations (UN) has contributed to the international law of global security in three related ways: as a lawmaker, or something very much like it, with the UN Security Council (UNSC) empowered through the Charter to adopt decisions binding on all Member States; as an interpreter of international law, with significant impact on the law of global security; and as an agenda-setter, establishing norms and shaping international responses to new security challenges.
According to art. 2 point 3 of the UN Charter: “All members of the organization shall resolve their international disputes by peaceful means, so that international peace and security, as well as justice are not endangered”, using in this sense the means of regulation indicated in art. 33 pt. 1, respectively negotiations, investigation, mediation, conciliation, arbitration, judicial means, bodies or regional agreements or other peaceful means at the choice of the parties
The European Security Strategy was adopted in December 2003 and has become a milestone in the development of the EU’s foreign and security policy. In December 2008, an implementation report was presented to the European Council on the basis of a mandate from their Heads of State or Government.
Traditional approaches to international security usually focus on state actors and their military capacities to protect national security. However, over the last decades the definition of security has been extended to cope with the 21st century globalized international community, its rapid technological developments and global threats that emerged from this process. One such comprehensive definition has been proposed by Nayef Al-Rodhan. What he calls the “Multi-sum security principle” is based on the assumption that “in a globalized world, security can no longer be thought of as a zero-sum game involving states alone. Global security, instead, has five dimensions that include human, environmental, national, transnational, and transcultural security, and therefore, global security and the security of any state or culture cannot be achieved without good governance at all levels that guarantees security through justice for all individuals, states, and cultures. Globally, the central regulatory instrument for such responses is public international law.

keywords: global security, strategy, Hague Convention, public international law, security challenges.