An analysis of the balance of power theory and its application to kosovo
Varying judicial interpretations of imprecise norms might not match the interests of states that advance certain legal norms. Moreover, the continuous framing of the situation in terms of the resolution showed that it had not become irrelevant.
The most neutral, correct and a-political approach would be to describe the event as an a-legal and political question. It is also unclear whether a customary rule binds states that have not consented to it.
Advantages and disadvantages of balance of power
It is generally agreed that treaties and customary law emerge from the interaction of states. Especially the affirmation of the sovereignty and territorial integrity of Yugoslavia seems to originate from this bargaining. Resolution is the most speaking example with regard to the assertion that international law does not create monopolies. Firstly, the agreement had to stop the violence against civilians. Further information: European balance of power and International relations of the Great Powers — The principle involved in preserving the balance of power as a conscious goal of foreign policy, as David Hume pointed out in his Essay on the Balance of Power, is as old as history, and was used by Greeks such as Thucydides both as political theorists and as practical statesmen. NATO hoped that after an interim period there would be a mutually agreeable solution for the status of Kosovo. On the contrary, there will be an overwhelming assurance of security. The current section brings forward the issue of the indeterminate or imprecise nature of many international legal norms and raises the question what this indeterminacy implies for the effectiveness of law as a political instrument. Examples hereof include the prohibition on the use of force entailed in the Briand-Kellogg Pact, the Covenant of the League of Nations and the Charter of the United Nations. Within this balance of power, states balance against each other or actively compete over influence on other states. The former can be dealt with by legal means. Thirdly, there is no monopoly on the use of a certain legal reasoning.
Legal means are seen as one of the available instruments to achieve the interests of states, next to for instance the use of force, diplomacy, or economic power. It argued: [A]n overwhelming preponderance of power [ Had it not sought the advisory opinion, Serbia had not faced this grief.
In a constructivist understanding, things themselves do not convey meaning, but people construct the meaning of things. He finds that "it was the bipolar structure of the postwar system that allowed Washington to pursue a strategy of preponderance successfully" and thereby smother the emergence of other great powers.
based on 80 review