Chapter 1 Introduction To International Law PDF

CHAPTER 1 INTRODUCTION TO INTERNATIONAL LAW This chapter consists of:  What is International Law?  Difference between National Law and International Law  Difference between Public International Law and Private International Law  Sources of Intern...

CHAPTER 1 INTRODUCTION TO INTERNATIONAL LAW This chapter consists of:  What is International Law?  Difference between National Law and International Law  Difference between Public International Law and Private International Law  Sources of International Law  Concept of monism and dualism 1.1 What is International Law - The word ‘International law’ is a synonym and equivalent to the words ‘law of nations’, ‘the law among nations’ and ‘the inter-state law’. - Traditionally, international law was defined as the law that governs the States in their relations with one another. According to Bentham’s classic definition, international law is a collection of rules governing relations between states. - However, this traditional definition does not reflect reality in modern times. International law is no longer the exclusive domain of states, as new actors have emerged on the international plane, such as public international organisations, non-governmental organisations (NGOs), transnational corporations, and even private individuals. - According to Oppenheim: International law is the body of rules which are legally binding on states in their intercourse with each other. These rules are primarily those which govern the relations of states, but states are not the only subjects of international law. International organisations and, to some extent, also individuals may be subjects of rights conferred and duties imposed by international law. - According to Black’s Law Dictionary, International law is defined as: The legal system governing the relationship between nations; more modernly the law of international relations, embracing not only the nations but also such participants 1|Page  as international organisations and individuals (such as those who invoke their human rights or commit war crimes). 1.2 Difference between National law and International law - International law has several characteristics making it completely different from highly developed national legal systems. National Law International Law National law (or Municipal Law) is the law International law is the law of nations, of the state regulating the conduct of regulating the relations between the individuals and dealing with the member states of nations. relationship between individuals and the state. National law is intra-state affairs International law is concerned mainly concerned with domestic affairs. with foreign affairs or inter-state affairs. National law is of command and sanction. International law is a nature of consent and consensus. The source of national law is legislation. The sources of international law are treaties and conventions, customs, general principles of law, and judicial decisions and teachings. 1.3 Difference between Public International law and Private International law - International law deals with rules for the governance of sovereign states in their relations and conduct towards one another. International law itself is divided into two parts namely: 2|Page i) Public International Law: The body of legal rules, applied between the Sovereign States and other International Personalities (states, individuals, NGOs, INGOs, Multinational corporations and Movements). ii) Private International Law: It is also called a 'Conflict of Law'. It is a branch of international law which determines which law is to be applied to a specific case containing a foreign element. Public International law Private International law It deals mainly with the relationship with It deals with the companies, and each other. individuals of one, two or more countries. Public International law rules are the Private International law rules are framed outcome of international customs, by the State legislature. treaties or other sources. Public International law is enforced by Private International Law is enforced by international pressure and fear; for the concerned State executive. example – breakage of diplomatic relations, sanctions etc. Public International Law is the same for Private International Law differs from all the States. state to state. For example, treaties and relationships For example, a breach of contract between two or more countries come occurred between a national of China and under the purview of public international a national of Malaysia. Private law. International law would entail which law to Major fields involved: Human Rights, use in resolving disputes. Politics, Diplomatic Relations etc. Major fields involved: Consumer cases, Family Law, Contract Law, Tort, and Maritime Law. 3|Page  1.4 Sources of International Law - Every legal system has its own ‘sources of law’. The term ‘sources of law’ reflects the idea that a rule of law must come from a particular source. What then are the sources of international law? What type of law do the international courts apply in deciding cases? - Article 38 of the Statute of the International Court of Justice provides: The Court, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply: (a) International Conventions, whether general or particular, establishing rules recognized by the contesting states; (b) International custom, as evidence of a general practice accepted as law; (c) The general principles of law recognized by civilised nations; (d) Subject to the provisions of Article 59, judicial decisions and the teachings of the most highly qualified publicist of the various nations, as subsidiary means for the determination of the rule of law. 1.4.1 Treaties - According to Article 38(1)(a) of the Statute of the International Court of Justice requires the court to apply “international conventions…” In this context, the term "convention" refers to a treaty, which is essentially an agreement established between two or more states or other entities recognized under international law. - Article 2 of the Vienna Convention on the Law of Treaty 1969, a ‘treaty’ is defined as: ‘an international agreement concluded between States in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments and whatever its particular designation’. - Treaties are known by a variety of terms such as agreements, pacts, general acts, charters, statutes, and covenants. - A treaty is based on consent, which can be expressed by one of the accepted methods like signature, ratification, accession, etc. Once a treaty has entered into force, it is binding on the parties to it by the maxim pacta sunt servanda, meaning agreements 4|Page  must be honored. Every treaty in force is binding upon the parties and must be performed by them in good faith. - For example, the Convention on the Prevention and Punishment of the Crime of Genocide (1948), the Vienna Convention on Diplomatic Relations (1961), etc. 1.4.2 Custom - Article 38(1) (b) of the Statute of the International Court of Justice refers to ‘international custom, as evidence of a general practice accepted as law’. - Elements for making custom as international law: (1) Duration of state practice (2) Uniformity and consistency in practice (3) Generality in practice (4) Opinio Juris (acceptance of practice as law) - Customary international law results from a general and consistent practice of states that they follow from a sense of legal obligation such as granting of immunity for visiting heads of state. - One notable example of customary international law is the prohibition of genocide, as established in the Convention on the Prevention and Punishment of the Crime of Genocide (1948). While the convention itself is a treaty, the prohibition against genocide has evolved into customary international law due to its widespread acceptance and consistent condemnation by the international community, meeting the criteria of state practice and Opinio Juris. 1.4.3 General Principles of Law - The general principles of law are those principles which have recognition from all the states and by all the legal systems of the world. The general principles of law are based on justice and equity. 5|Page - They provide a mechanism to address international issues not already subject either to treaty provisions or to binding customary rules. - The main reason why this source is included in ICJ is because a situation may arise when there is an absence of law relating exactly to the point. (as international law has no method of legislating to provide rules to regulate new situations). - Hence, the provision of general principle was established as a source of law to fill the gap and solve the problem of non-liquet (a situation when the court refuses to settle disputes on the ground that rules are not available). - For example, Nemo Judex in Causa Sua (no man shall judge in his cause), Res Judicata etc 1.4.4 Judicial decisions - Article 38 recognizes a judicial decision as a subsidiary source of international law. - Article 59 of the Statute of ICJ provides that: the decisions of the court have no binding force except between the parties in respect of that particular case. - While the doctrine of precedent does not exist in international law, one still finds that states in disputes and textbook writers quote judgments of the permanent court and the ICJ as authoritative decisions. - The law of specific states and decisions of the municipal courts are not in general sources of international law, since; they do not create legally binding obligations for other states. 1.4.5 Writings of the Publicist - Article 38 of the ICJ Statute indicates that only the teachings (writings) of ‘the most highly qualified publicists’ are considered to be a source of international law. Thus, not every article or book about an international law topic would be considered a source of international law. 6|Page - Writers such as Gentilli, Grotius, Vatted etc, were the supreme authorities of the 16 th and 18th centuries and determined the scope, form and content of international law. - The various international judicial and arbitral bodies in considering their decisions consult and quote the writings of the teaching juristic authorities, when the need arises. 1.4.6 Other possible sources - General Assembly Resolution is a decision or declaration voted on by all member states of the United Nations in the General Assembly. For example, Resolution ES-11/2: Humanitarian consequences of the aggression against Ukraine; and Resolution 2712 (2023), to expedite deliveries of humanitarian aid to Gaza. - Equity or fairness is a general principle of law recognized by all civilized legal systems and would be incorporated into international law by that avenue. Soft law: - Soft law can be defined as a body of guiding principles, standards, rules of conduct, or declarations of policy, which are not strictly binding norms of law. Soft law can be found, for example, in treaties not yet in force, in resolutions, declarations, or in final acts of international conferences. - In contrast, hard law encompasses legally binding obligations on the involved parties that can be enforced before a court. This includes treaties, customs, and judicial decisions, among others. - Examples of soft law encompass the Rio Declarations on Environment and Development 1992, UN General Assembly resolutions, and the 1975 Final Act of the Conference on Security and Cooperation in Europe. 7|Page 1.5 Concept of monism and dualism - As to the relationship between national law and international law, there are two (2) prominent theories which are discussed below: 1.5.1 Monistic theory - The monistic theory views international and national law as part of a single order. According to monism, rules of international law can be directly applied in the domestic sphere of the state. - International law is automatically part of the national legal system without the necessity of any domestic implementing legislation. - If there is a conflict between two systems, international law prevails. To monists, international law is superior to national law. - For instance, the Constitution of the United States provides that the President "shall have power, by and with the advice and consent of the Senate, to make treaties, provided two-thirds of the Senators present concur". Treaties ratified by the Constitution automatically become part of the municipal law of the USA. 1.5.2 Dualistic theory - According to this theory, international law and national law are two separate legal systems which exist independently of each other. International law regulates the relationship between states whereas national law regulates the rights and duties within a state. - For international law to be applicable in the national legal order, it must be transformed into national law by means of national legislation. - The two systems can come into conflict when they deal with the same subject matter. In such cases, each system applies its own laws (international courts apply international law and national courts apply national law). 8|Page - For example, Malaysia applies dualistic theory. The legislature needs to pass a law to give a legal effect to a treaty. For example, the Diplomatic Privileges (Vienna Conventions) Act 1966, as amended in 1999, gave legal effect to the Vienna Convention on Diplomatic Relations 1961. - An example of the application of international treaties by the Malaysian courts through a statute made by Parliament is the case of Regional Centre for Arbitration v Ooi Beng Choo & Anor. (No. 2)16. In this case, the court referred to subsidiary legislation known as the Kuala Lumpur Regional Centre for Arbitration (Privileges and Immunities) Regulations 1996 made under Sections 3 and 4 of the International Organisations (Privileges and Immunities) Act 1992, which was passed by Parliament to implement the Convention on the Privileges and Immunities of the United Nations, 1946, to which Malaysia is a party. 9|Page DISCUSSION QUESTIONS Question 1 Explain briefly TWO sources of International Law as provided in Article 38(1) of the Statute of the International Court of Justice. (4 marks) Question 2 Concisely elaborate on the importance of general principles of law in the realm of international law. (6 marks) Question 3 Elaborate on the process of application of the international treaty in Malaysia. (6 marks) Question 4 How do resolutions passed by the United Nations General Assembly and Security Council contribute to the development of international law? (6 marks) Question 5 The terms ‘monism’ and ‘dualism’ generate considerable confusion because there is no single, agreed definition of the terms. Some scholars employ the terms to describe contrasting theoretical perspectives on the relationship between international and domestic law. Used in this sense, dualism points to the essential difference between international law and municipal law, consisting primarily of the fact that the two systems regulate different subject matter. In contrast, monism holds that international and municipal law are part of the same system of norms. Some monist theorists assert the supremacy of international law over domestic law, but this is not an essential feature of monist theory. (Sloss, D. (2011). Domestic Application of Treaties. http://digitalcommons.law.scu.edu) For a dualist country like Malaysia, how does International Law come into force? Support your answer with relevant examples. (6 marks) 10 | P a g e CHAPTER 2 CONCEPT OF STATEHOOD AND SOVEREIGNTY This chapter consists of:  Prominent Actors in International Relations  State Actors  State Sovereignty  Non-state actors  Globalisation 2.1 Prominent Actors in International Relations - In legal theory, the concept of 'legal personality' essentially recognizes an entity's capacity to exercise specific rights and bear particular duties within a given legal system. In national law, a legal person or subject of law possesses the right to initiate legal actions and be subject to legal proceedings. - An international legal personality possesses a legal personality in international law; in other words, one who is a subject of international law to enjoy rights, duties or powers established in international law, and generally the capacity to act on the international plane. - In the 19th century, states were the only subjects of international law. Writing in 1912, in his famous treatise on international law, Oppenheim emphatically stated; “Since the law of nations is based on the common consent of States, and not of individual human beings, states solely and exclusively are subjects of international law”. - After the Second World War, new actors emerged on the international plane, such as public international organisations (IGOs) established by States, non-governmental organisations (NGOs) created by individuals, multinational corporations and even private individuals. They are now recognized as possessing some, although limited, international personality. 11 | P a g e 2.2 State Actors - States are the predominant actors in International Law. Therefore, it is crucial to comprehend the concept of a state within this legal framework. - In a broad sense, a state is described as a political organization of society, encompassing the body politic or, more specifically, the government institutions. According to Oppenheim, ‘A state proper is in existence when people are settled in a territory under its own sovereign government’. - The state is a form of human association distinguished from other social groups by its purpose, the establishment of order and security; its methods, the laws and their enforcement; its territory, the area of jurisdiction or geographic boundaries; and finally by its sovereignty. - The most widely accepted source as to a definition of statehood is the Montevideo Convention of 1933. Montevideo Convention on the Rights and Duties of States, the agreement signed at Montevideo, Uruguay, on December 26, 1933, established the standard definition of a state under international law. - Adopted by the Seventh International Conference of American States, the convention stipulated that all states were equal sovereign units consisting of a permanent population, defined territorial boundaries, a government, and an ability to enter into agreements with other states. - Article 1 of Montevideo Convention on Rights and Duties of States 1933 (“Montevideo Convention”) provides that the state as a person of international law should possess the following qualifications: a) Permanent Population b) Defined territory c) Effective Government d) Capacity to enter into relations with other States 12 | P a g e 2.2.1 Declarative theory - The declarative theory asserts that when a State satisfies the stipulated conditions in Article 1 of the Montevideo Convention, it is officially acknowledged as being in existence. These criteria will be elaborated upon below. (1) Permanent Population The first criterion is intricately linked with the concept of territory. Nomadic or wandering tribes are deemed ineligible for statehood. Statehood necessitates a population connected to a particular territory on a relatively permanent basis, and these individuals can be recognized as inhabitants of that territory. Both the size of the population and the territory are immaterial. It can be notably small; for instance, Nauru, with an estimated 12,835 inhabitants (2024) and an area of only 8.1 square miles. (2) Defined Territory The core of being a State is having control over a specific area, marked by borders separating it from other states. This control, known as territorial sovereignty, means the State has exclusive authority in that territory and others can't interfere without permission. While determining state boundaries is crucial, it is not essential to have absolute certainty; what matters is that a state consistently governs a recognizable core of territory, regardless of its size. (3) Effective Government For a state to be recognized, its government needs to effectively govern the designated territory and have control over its permanent population. The mere existence of a government isn't enough; it must actively exercise authority. In the Aaland Island case, the main question was the date on which Finland became a State. Finland had been part of the Russian Empire until the Russian Revolution. The Parliament declared Finland’s independence on December 4, 1917. This was recognized by the Soviet Government. However, this was opposed by those who rejected the idea of independence. Violence broke out. The new State was able to maintain order only with the help of Soviet troops. The International Committee of Jurists concluded that Finland officially became a state in May 1918 when its public 13 | P a g e  authorities demonstrated sufficient strength to assert control over the territory without relying on foreign troops. However, the requirement of effective government is not strictly applied in the case of an established state. A state does not cease to exist when it is temporarily deprived of an effective government as a result of civil war or similar upheavals. The absence of a functioning government in Somalia, for instance, did not negate the country's international legal status. Likewise, the allied occupation of Germany and Japan post-World War II did not extinguish their status as sovereign states. (4) Capacity to enter into relations with other states The capacity to enter into international relations consists of the constitutional competence to do so, as well as the ability to exercise that competence. Formal independence, which implies the existence of a mechanism for the conduct of foreign relations, cannot satisfy this requirement without actual independence, which implies that the community can indeed exercise its formal independence. In other words, even if an entity possesses the mechanism for entering into international relations, if those mechanisms are systematically and permanently controlled by another state then this criterion cannot be considered satisfied. An entity should have the capacity to engage in diplomatic relations with other states which includes the ability to enter into treaties, negotiate agreements, and participate in international organisations. In summary, according to declaratory theories, the four criteria outlined— territory, population, effective government, and capacity for international relations—form the basis for determining statehood. Ti Chaing Chen, a prominent proponent of the declaratory perspective, asserts that a state automatically attains international legal personhood once it meets specific objective criteria. In Chen's words from 1951, "a state, once having satisfied certain objective tests, ipso facto becomes a person in international law." The declaratory theory perceives statehood as primarily a factual matter rather than a legal one. 14 | P a g e 2.2.2 Constitutive Theory - Apart from declarative theory, there is also another theory of statehood known as constitutive theory. In contrast to the declarative theory, constitutive theory suggests that a state or government doesn't exist unless it has been acknowledged as such by other states. - According to constitutive theory, recognition plays a constitutive role, meaning it is a vital requirement for establishing the state or government in question. Only through recognition does a state acquire international personhood and become a subject of international law. When recognition is made by a (1) Express recognition formal declaration or statement. Recognition When recognition is to be inferred from certain relations between the recognising state (2) Implied recognition and the new state or government, such as entry into diplomatic relation or the conclusion of a bilateral treaty. Types of recognition 2.2.3 Declarative theory vs. Constitutive theory - There is a debate taking place in the international legal world over whether or not satisfying the Montevideo criteria alone is enough to be a State or if recognition by other states is also required. 15 | P a g e - The declaratory theory asserts that once an entity fulfils all the conditions outlined in the Montevideo Convention, it instantly becomes a state. This theory aligns closely with the convention itself and the statements in Articles 3 and 6 of the Montevideo Convention. - Article 3 of the Convention provides that: The political existence of the state is independent of recognition by the other states. Even before recognition, the state has the right to defend its integrity and independence, to provide for its conservation and prosperity, and consequently to organize itself as it sees fit, to legislate upon its interests, administer its services, and to define the jurisdiction and competence of its courts. - Article 6 of the Convention then goes on to state, The recognition of a state merely signifies that the state which recognizes it accepts the personality of the other with all the rights and duties determined by international law. Recognition is unconditional and irrevocable. - However, the declaratory theory falls short of providing a comprehensive explanation for the formation of "States" in international practice. There are entities globally that de facto meet the criteria of the Montevideo Convention, yet they generally do not enjoy the status of being recognized as "States" and consequently do not receive or benefit from the associated rights. - An illustrative example of an entity meeting the Montevideo criteria but lacking recognition as a state is "Transnistria," a nominally Moldovan territory. Despite its de facto independence since the dissolution of the Soviet Union, possessing territory, a permanent population, a government, and engaging in international relations, Transnistria does not partake in global affairs due to the absence of recognition. This example highlights the empirical shortcomings of the declaratory theory, potentially leading one to consider the constitutive theory. However, like the declaratory theory, the constitutive theory also falls short in explaining the practical formation of states. - The constitutive theory sets out that it is the recognition of an entity as a State that makes it so. an entity becomes a state only through recognition. This perspective can account for why entities like "Transnistria" are not recognized as states, despite fulfilling the Montevideo criteria. However, the constitutive theory faces challenges in explaining cases where entities receive numerous recognitions yet are not considered states. It 16 | P a g e  also raises questions about the threshold of recognition required for statehood. For instance, as of 2011, "Transnistria" had only been recognized by three mostly non- recognized states: Abkhazia, Artsakh, and South Ossetia. Notably, the United Nations regards the region as part of Moldova. - The debate on the significance of recognition versus meeting the Montevideo elements often circles back to a fundamental question: What truly defines a State? While Articles 3 and 6 of the Montevideo Convention emphasize that recognition doesn't inherently confer statehood, the convention acknowledges recognition as a factor in the entity's ability to engage in international relations. - In essence, "Statehood" emerges from a delicate balance between the Montevideo criteria and recognition. The more an entity has of one (either criteria or recognition), the less it requires of the other. Yet, in all cases, a certain degree of both criteria and recognition is necessary for an entity to qualify as a State. - The next discussion pertains to the curative effect of recognition. In this context, entities that initially fall short of certain elements outlined in the Montevideo criteria can attain statehood status through recognition. Acknowledgement from other states or international entities has the potential to compensate for deficiencies in meeting specific criteria. For instance, if an entity lacks effective control or governance but receives recognition as an independent state, such acknowledgement can effectively remedy the deficiency and confer statehood in the eyes of the international community. - For instance, Vatican City. This state was established in 1929 through the Lateran Pacts between the Catholic Church and the Kingdom of Italy. Despite being exceptionally small, only about 110 acres, and having a population of just over 800, which is not permanent or self-replenishing, the recognition of the Vatican City State as a state, particularly by Italy that surrounds it, allows it to function as such. In this case, the entity, possessing a government and a territory capable of interacting with other states, does not need a permanent self-perpetuating population (as long as it has some form of population) to be recognized as a state. Recognition plays a crucial role in allowing entities to operate as states even when they don't completely satisfy all the Montevideo criteria. 17 | P a g e 2.3 Concept of State Sovereignty - Sovereignty in state relations means independence, which includes the right to govern within its territory without interference from other states. It is the possession of rights and attributes by a state within its territory, excluding external influence and extending to its interactions with other states. - Sovereignty entails equality and independence among states, where no state is subordinate to another, and relationships are built on these principles. It represents supreme, independent authority over a specific geographic area or territory, and in international law, it signifies a government's complete control within its boundaries. - The modern concept of sovereignty is usually said to date back to its consecration in the Treaty of Westphalia, signed on 24 th October 1648. The Treaty of Westphalia ended 30 years of war and brought peace to the Roman Empire. Westphalia sovereignty is the concept of nation-state sovereignty based on two principles: territoriality and the exclusion of external actors from domestic authority structures. - Sovereignty is the exclusive right to exercise supreme authority over a geographic region or group of people, such as a nation or tribe. It is vested in a government or other political agency. - Practically, it means that one state cannot demand that another state take any particular internal action. For instance, if Canada disagrees with Brazil turning part of its rainforest into an amusement park, Canada's options are limited by Brazil's sovereignty. While Canada can engage diplomatically, it cannot simply demand Brazil to stop the project and expect compliance. - Under the concept of state sovereignty, no state has the authority to tell another state how to control its internal affairs. Sovereignty both grants and limits power: it gives states complete control over their own territory while restricting the influence that states have on one another. In this example, sovereignty gives the power to Brazil to ultimately decide what to do with its rainforest resources (internal sovereignty) and limits the power of Canada to impact this decision (external sovereignty). 18 | P a g e  (2) Legitimacy (1) Authority The holder of sovereignty derives The holder of sovereignty possesses authority from a source mutually authority. ‘the right to command and acknowledged, such as natural law, a correlatively the right to be obeyed’ divine mandate, hereditary law, a constitution, or even international law. Concept of sovereignty (3) Supremacy (4) Territoriality “the state exercises the highest, supreme authority over all persons and The subordination of all individuals and their associates, located in the national organisations located within the territory" boundaries of the state to the supreme government. 4 Concept of Sovereignty De jure (deɪ ˈdʒʊri) sovereignty: the legal (1) de jure (legal) right to exercise power. sovereignty From Latin, law: according to the law Types of sovereignty De facto sovereignty: the ability in fact to do so. (2) de facto (actual) (From Latin, formal): sovereignty existing as a fact although it may not be legally accepted as existing. Types of Sovereignty - Distinction must also be made between de jure and de facto sovereignty. (i) De jure sovereignty - De jure sovereignty is legal sovereignty and it has its foundation in law. Its attribute is the right to govern and command obedience. For example, Malaysia is a sovereign state in which the government has the legal right to govern the country since such power is conferred by the constitution itself. (ii) De facto sovereignty - The term "de facto sovereign" refers to an individual or group currently wielding power, capable of enforcing obedience, or receiving voluntary compliance from the majority of 19 | P a g e  the populace. The de facto sovereign may not hold legal authority; the key criterion is the actual obedience to commands. - Bryce says that “the person or body of persons who can make his or their will prevail whether according to the law or against the law: he, or they, is the de facto ruler, the person to whom obedience is paid.” Examples of de facto sovereigns include usurping kings, dictators, priests, or prophets, where sovereignty relies on physical or spiritual influence rather than legal legitimacy. - History provides numerous examples of de facto sovereignty. Many instances can be cited when legally constituted sovereign power was displaced as a consequence of revolution or expulsion by a usurper. (i) Hitler notably represented de facto sovereignty in Germany, as he controlled the legal sovereign (Reichstag) while effectively being the practical sovereign. The Reichstag merely formalized approval of Nazi policies. (ii) The Bolshevik regime in Russia, following the Revolution of 1917, is the most familiar example of de facto sovereignty. Likewise, Bachha Saka usurped the throne of Afghanistan after the flight of King Amanullah and became the de facto sovereign of that country. - The de facto sovereign is, therefore, the strongest active force in the State and capable of asserting dominance. However, it is essential for de jure and de facto sovereignty to eventually align; otherwise, conflict may arise between them. - Additionally, to facilitate the transition and expedite the displacement of the previously recognized de jure sovereign, new laws are enacted to formalize the status of the de facto sovereign. The de facto sovereign, in turn, is unlikely to desire a prolonged reliance on physical force as the sole basis of authority. As Bryce has said, “a natural and instinctive opposition to submission to power which rests only on force.” The new sovereign will, therefore, endeavour to make his de facto claim converted into a legal right because sovereignty established and exercised on a legal basis makes obedience spontaneous and enduring. The de facto sovereignty, therefore, eventually transforms into de jure sovereignty. - This evidence in situations such as Palestine and Israel, the People’s Republic of China and the Republic of China (Taiwan). 20 | P a g e 2.4 Non-State Actors 2.4.1 Introduction - The International relation is like a stage where actors are needed to put on a show. Actors are any person or entity which plays a role that is attributable in international relations. - There are two (2) kinds of actors in the world of International relations which are: i. States actor – a state is a territory run by a government and has a permanent population. Although states are the most important actors in international relations, they are strongly influenced by non-state actors. ii. Non-state actors - entities or groups that are not governments but still play important roles in various aspects of society and international affairs. These can include organizations, corporations, advocacy groups etc. 2.4.2 Definition and characteristics of non-state actors - Non-state actors are individuals or organisations that have powerful economic, political or social power and can influence at a national and sometimes international level but do not belong to or ally themselves with any particular country or state. - According to Pearlman and Cunningham, non-state actors are defined as “an organized political actor not directly connected to the state but pursuing aims that affect vital state interests” (Pearlman & Cunningham, 2011). - Other than having characteristics such as having power and the ability to influence, non- state actors have a base or headquarters in a certain state but their activities will not only be operating in the state itself but will also be operating beyond the borders of the state. 21 | P a g e 2.4.3 Types of non-state actors Non-state actors Non-government Intergovernmental Sub-state Transnational Violent State Organisation Organisation actors Actor Actors (NGO) (IGO) (i) Sub-state Actors - Sub-state actors are groups of people or individuals with similar interests not beyond the states that can affect the state’s foreign policy. They are also known as domestic actors. - An example of sub-state actors is the automobile industry in Malaysia. This industry has clear interests in influencing Malaysian import policies to enhance the sales of locally made cars and to impose higher import taxes on competing products manufactured abroad. - For example, in Malaysia Proton is one of the sub-state actors because to protect our national car, our government increased imported taxes under the protectionism policy. Like Proton, Perodua also enjoys a 50% excise tax rebate, which is a much lower tax burden as compared to foreign carmakers. Foreign vehicles were therefore quite expensive in Malaysia. For a newly imported or locally assembled German or Japanese vehicle from a non-ASEAN country, the retail price was usually more than double the price of the same vehicle sold in a tariff-free country, such as the USA. (ii) Non-governmental Organisations (NGOs) - NGOs are private international actors whose members are not states but are volunteers from populations of 2 or more states who have formed organisations to promote their shared interests and ideals to influence the policies of state governments and intergovernmental organisations (IGOs). 22 | P a g e - NGOs tackle many global problems and seek changes in the world for causes such as disarmament, environmental protection, human rights and many more. NGO types can be understood by their orientation and level of cooperation. - Examples of NGOs: a) One of the NGOs that fight for human rights is Amnesty International. Amnesty International is a worldwide movement of people who campaign for internationally recognized human rights for all. They conduct research and generate action to prevent and end grave abuses of human rights and to demand justice for those whose rights have been violated. Some of the issues that have been campaigned are armed conflict issues and protection of civilians, basic welfare of children, LGBT rights, rights of people with AIDS, women's rights, disability rights, human impact of pollution and environmental degradation, freedom of the press and many more. b) Another kind of NGO is the religious movement. A religious movement is a set of beliefs and ideas administered politically by a religious group to promote the principles of conduct. They are politically active organisations based on strong religious convictions. Although religious movements had a strong influence on politics in the older days such as being able to cause a war between people with different religions, nowadays, religious movements act as a peacemaker between states. For example, the late Pope John Paul II of the Catholic Church addressed bishops from North and South America at the Vatican in 1997 to help end the Cold War. c) Other kinds of NGOs are AIESEC (which links students worldwide), and World-Wide Fund for Nature (WWF which works on issues regarding the conservation, research and restoration of the environment). (iii) Intergovernmental Organisations (IGOs) - Intergovernmental Organisations (IGOs) are one of the International Organisations (IOs). IGOs are organisations whose members consist of three or more nation-states. 23 | P a g e  IGOs are created and joined by states to solve shared problems which give them authority to make collective decisions to manage problems on the global agenda. In these organisations, the states’ representatives gather to discuss issues that are of mutual interest to the member states. - There are two (2) main types of IGOs: It is organisations having universal or nearly universal membership which means every state is a member like the Global IGOs United Nations (UN), World Trade Organisation (WTO), International Monetary Fund (IMF) and many more. A subset of states as members based on a particular interest Regional IGOs: or region, such as the Association of Southeast Asian Nations (ASEAN), European Union (EU) and many others. - Why do states form IGOs and work through them? According to liberal institutionalism, states form IGOs because it is in their interest to do so. With IGOs, certain problems can be solved easily and cheaper than without them. Liberal institutionalism particularly focuses on collective problems, such as the security dilemma, the appeal to execute competitive tariffs, and the difficulty in agreeing to protect the environment. States need to correspond with each other and oversee other states to ensure that they are honouring their commitments to acknowledge many of the problems. - As an example, in the case of free trade, the World Trade Organisation (WTO) was formed to coordinate the negotiation of tariffs and to provide a mechanism for resolving disputes. Some of these tasks might be more complicated and expensive to execute without the IGOs. There are times when IGOs are not only created to solve problems but to provide a platform for discussion. - Examples of IGOs and their purposes: Purpose: Maintain international peace and security -Develop friendly relations among nations - Achieve international United Nations (UN) cooperation in solving international problems - Function as a center for harmonizing the actions of nations. 24 | P a g e  World Trade Purpose: Manage disputes arising from a trading partner - Organisation (WTO) Monitoring trade in agriculture and manufacturing commodities. Association of Purpose: Promote regional economic, social and cultural Southeast Asian cooperation among the states in Southeast Asia. Nations (ASEAN) North Atlantic Military alliance. A system of collective defence where its Treaty member states agree to mutual defence in response to an Organisation attack by any external party. (NATO) (iv) Transnational Actors - Transnational actors are actors that function below the state level but function across the state borders. - There are two (2) types of transnational actors which are: (1) Transnational corporations (TNCs) or multinational corporations (MNCs) - MNCs are companies that have headquarters in one state but invest and operate (branches or subsidiaries) extensively in other states. In other words, MNC is a large corporation operating on a worldwide basis in many countries at the same time, with fixed facilities and employees in each. - The types of MNCs are: a) Industrial corporations make goods in factories in many countries and sell them to businesses and consumers in various countries. The largest MNCs are automobile, oil, and electronic industries. Almost all of the MNCS are based in the G7 states. Examples of this type of MNCs are Sony, Honda, Toyota, Petronas and more. b) Financial corporations such as banks. They operate multinationals with more restrictions than industrial corporations. Examples are Oversea-Chinese Banking Corporation Limited (OCBC Bank) and others. c) Services such as McDonald’s fast-food chain, international airlines like MAS, AirAsia Airlines and more, Hilton Hotels and Resorts and many others. 25 | P a g e - MNCs are increasingly powerful as independent actors. Many of the industrial MNCs have annual sales of tens of billions of dollars each (hundreds of billions of dollars for top corporations such as Wal-Mart). MNCs can match most international organisations (IOs) in size and financial resources. The largest IGO (UN) has about 2 billion dollars a year in revenue, compared to more than 250 billion dollars for the largest MNC. The largest state (United States) has government revenues of 2 trillion dollars. Therefore, this shows that the power of MNCs does not rival the largest states but exceeds many poorer states and many IOs. - MNCs are viewed as citizens of the world beholden to no government. In such a view, MNCs act globally in the interests of their (international) stockholders and owe no loyalty to the non-state. MNCs are motivated by the need to maximize profits. - MNCs’ operations support a global business infrastructure connecting a transnational community of businesspeople. An example is that a U.S. manager arriving in Seoul, South Korea, does not find a bewildering scene of unfamiliar languages, locations, and customs. Rather, he/she will be able to move through a familiar sequence of airport lounges, telephone calls and faxes, international hotels, business conference rooms, and CNN broadcasts – most likely hearing English spoken in all. - MNCs also contribute to their host country’s development. As MNCs operate in other states, it will provide job opportunities for the locals in that state and thus, help to stabilize the economy in that state. (2) Non-governmental organisations (NGOs) [refer to above]. (v) Violent Non-State Actors - Insurgents in a civil war have long been recognized in international law as subjects having certain rights and duties. This status comes into being through their struggle against the State to which they formerly belonged. They are born from a wound in the body of a particular State, and therefore not easily accepted by the international community unless they can prove that they exercise some of the sovereign rights typical of a State (effective control over territory and people). They assert themselves by force and acquire international status proportionate to their power and authority. However, 26 | P a g e  their existence is by definition provisional: they either win and turn into full-fledged States or are defeated and disappear. - In practice, belligerent and insurgent bodies within a State may enter into legal relations and conclude agreements valid on the international plane with states and other belligerents and insurgents. Sir Gerald Fitzmaurice has attributed treaty-making capacity to ‘parastatal entities’ (a government-owned corporation) recognized as possessing a definite if limited form of international personality, for example, insurgent communities recognized as having belligerent status-de facto authorities in control of specific territory. - Terrorists or rather political groups that advocate violence might not call themselves NGOs, but they operate in the same manner which is by interacting both with states and with relevant populations and institutions through violence and planning attacks. These groups held the incidence of the spectacularly destructive attack of September 11, 2001, by members of Al Qaeda, which has demonstrated the increasing power that technology gives terrorists as non-state actors. - Other than that, Al Qaeda also placed suicide bombers in U.S. cities, coordinated their operations and finances through the Internet and global banking system, and reached a global audience with the videotaped exhortations of Osama bin Laden. - International Criminal Groups. These actors are considered transnational actors but they act illegitimately. Most of these groups have a great capacity of financial resources and thus, can influence the state’s policies. Some of them are even capable of threatening the state’s security. Most operated secretly which makes it hard for the authorities to track them down. Most of these groups are involved in drugs, prostitution, human trafficking, firearms and many other crimes. Some examples of international criminal groups would be the Yakuza in Japan, the Sicilian Mafia in Italy and also Triads in Hong Kong, Macau, and Taiwan. 27 | P a g e 2.5 Major International Organisation 2.5.1 United Nations (UN) - The United Nations (“UN”) is an international organisation created in 1945, shortly after the end of WWII. The UN was formed by 51 countries to encourage the resolution of international conflicts without war and to form policies on international issues. Representatives of 26 allied nations fighting against the Axis powers met in Washington D.C, to pledge their support for the Atlantic Charter by signing the Declaration by the United Nations (Source: UN Photo) (i) History of the United Nations - The name "United Nations", coined by United States President Franklin D. Roosevelt was first used in the Declaration by the United Nations on 1 January 1942, during the Second World War, when representatives of 26 nations pledged their governments to continue fighting together against the Axis Powers. - In 1945, representatives of 50 countries met in San Francisco at the United Nations Conference on International Organisation to draw up the United Nations Charter. Those delegates deliberated based on proposals worked out by the representatives of China, the Soviet Union, the United Kingdom and the United States at Dumbarton Oaks, United States in August-October 1944. 28 | P a g e - The Charter was signed on 26 June 1945 by the representatives of the 50 countries. Poland, which was not represented at the Conference, signed it later and became one of the original 51 Member States. - The United Nations officially came into existence on 24 October 1945, when the Charter had been ratified by China, France, Soviet Union, United Kingdom, United States and by a majority of other signatories. (ii) Purpose of United Nations - Article 1 of the UN Charter provides the purposes of the United Nations, as listed below: To keep peace throughout To develop friendly relations the world. among nations. To help nations work together to improve the lives To be a centre for of poor people, to conquer harmonizing the actions of hunger, disease and illiteracy, and to encourage nations to achieve these goals. respect for each other’s rights and freedoms. - Due to the powers vested in its Charter, the UN can take action on the issues confronting humanity in the 21st century, such as peace and security, climate change, sustainable development, human rights, disarmament, terrorism, humanitarian and health emergencies, gender equality, governance, food production and more. (iii) Organisational structure of UN - The United Nations (UN) has six main organs. Five of them — the General Assembly, the Security Council, the Economic and Social Council, the Trusteeship Council and the Secretariat — are based at UN Headquarters in New York. The sixth, the International Court of Justice, is located at The Hague in the Netherlands. 29 | P a g e - The six (6) organs of the United Nations are outlined below: (a) The UN General Assembly (“UNGA”) - The General Assembly is the main deliberative organ of the United Nations. It is composed of representatives from all Member States, each of which has one vote. - Composition: All 193 members of the UN are members of the General Assembly - Role of UNGA: to discuss and make recommendations on peace and security, budgetary concerns and the election, admission, suspension or expulsion of members – is by 2/3 majority of those present and voting. - 2 types of UNGA sessions: (i) Regular annual year and; (ii) Special sessions – held by the Secretary-General at the request of the Security Council or a majority of members of the UN. - UNGA is not a legislative body, cannot legislate for member states and cannot make binding decisions, as all are only recommendations. (b) The UN Security Council (“UNSC”) - The Charter of the United Nations – an international treaty – obligates member states to settle their disputes by peaceful means, in such a manner that international peace security and justice are not endangered. They are to refrain from the threat or use of force against any state and may bring the dispute before the Security Council. - The UN Charter gives the Security Council primary responsibility for maintaining international peace and security. The Council may convene at any time, whenever peace is threatened. In contrast to the decisions made by the General Assembly, all Member States are obligated under the UN Charter (Article 25) to carry out the Security Council’s decisions. - UNSC is the most powerful organ in the UN. It is responsible for: 30 | P a g e  ▪ Making recommendations for peaceful settlement of international disputes under Chapter VI of the Charter; ▪ Taking enforcement actions under Chapter VII of the Charter to deal with threats to the peace, breaches of the peace and acts of aggression; ▪ Recommending the name of the new secretaries-general of the UN; ▪ Recommending the admission of new state members of the UN; ▪ Election of judges to the ICJ, jointly with the UNGA. - The Security Council is composed of 15 members, with China, France, the Russian Federation, the United Kingdom, and the United States serving as permanent members. The remaining 10 members are elected by the General Assembly for two-year terms. Member States continue to discuss changes in Council membership and working methods to reflect today’s political and economic realities. Decisions of the Council require nine yes votes. Except in votes on procedural questions, a decision cannot be made if there is a no vote, or veto, by a permanent member. (c) The Economic and Social Council (ECOSOC) - The Economic and Social Council (“ECOSOC”), under the overall authority of the General Assembly, coordinates the economic and social work of the United Nations and the UN family of organisations. - As the central forum for discussing international economic and social issues and for formulating policy recommendations, the Council plays a key role in fostering international cooperation for development. It also consults with non-governmental organisations (NGOs), thereby maintaining a vital link between the United Nations and civil society. - The Council has 54 members, elected by the General Assembly for three-year terms. It meets throughout the year and holds a major session in July, during which a high-level meeting of Ministers discusses major economic, social and humanitarian issues. 31 | P a g e (d) Trusteeship Council - The Trusteeship Council was established to provide international supervision for 11 Trust Territories and to make sure that adequate steps were taken to prepare the Territories for self-government or independence. - As of 1994, every Trust Territory had achieved self-government or independence, either as independent entities or through integration with neighboring sovereign nations. The final Trust Territory to undergo this transition was the Trust Territory of the Pacific Islands, specifically Palau, which, having been under the administration of the United States, gained status as the 185th Member State of the United Nations. - One month after Palau’s independence, the Trusteeship Council suspended its operations. Although the Council’s work has been completed, the formal elimination of the Trusteeship Council would require the revision of the UN Charter. As the Charter states, "Amendments to the present Charter shall come into force for all Members of the United Nations when they have been adopted by a vote of two-thirds of the members of the General Assembly and ratified in accordance with their respective constitutional processes by two-thirds of the Members of the United Nations, including all the permanent members of the Security Council." (e) The International Court of Justice (ICJ) - The International Court of Justice, also known as the World Court, is the main judicial organ of the UN, located in The Hague, Netherlands. - The Court’s role is to settle, by international law, legal disputes submitted to it by States and to give advisory opinions on legal questions referred to it by authorized United Nations organs and specialized agencies. The Court decides disputes between countries, based on the voluntary participation of the States concerned. If a State agrees to participate in a proceeding, it is obligated to comply with the Court’s decision. - The International Court of Justice is composed of 15 judges elected to nine-year terms of office by the United Nations General Assembly and the Security Council. The Court may not include more than one national of the same State. 32 | P a g e - On 24 July 2003, Malaysia and Singapore jointly brought to the Court a dispute between them by notification of a Special Agreement signed on 6 February 2003 and which entered into force on 9 May 2003. Under the terms of that Special Agreement, the Parties requested the Court to “determine whether sovereignty over (a) Pedra Branca/Pulau Batu Puteh; (b) Middle Rocks; and (c) South Ledge belongs to Malaysia or the Republic of Singapore”. Following public hearings which were held in November 2007, the Court rendered its judgment on 23 May 2008. - In that judgment, the Court first indicated that the Sultanate of Johor (predecessor of Malaysia) had original title to Pedra Branca/Pulau Batu Puteh. It concluded, however, that, when the dispute crystallized (1980), title had passed to Singapore, as attested to by the conduct of the Parties. (f) Secretariat - The UN Secretariat carries out the substantive and administrative work of the United Nations as directed by the General Assembly, the Security Council and the other organs. At its head is the Secretary-General, who provides overall administrative guidance. The main functions of the Secretariat are: 1- To gather and prepare background information on various issues so that government delegates can study the facts and make recommendations; 2- To help carry out the decisions made by the different organs of the United Nations; 3- To organize international conferences; 4- To translate speeches and distribute documents into the UN’s official languages; 5- To keep the public informed about the work of the United Nations. 33 | P a g e - The Secretary-General is appointed by the General Assembly on the recommendation of the Security Council for five years. The Secretary-General’s functions include: 1- Bringing any problem that threatens world peace to the attention of the Security Council; 2- Proposing issues to be discussed by the General Assembly or any other organ of the United Nations; 3- Acting as a “referee” in disputes between Member States; 4- Each Secretary-General also defines his role within the context of his particular time in office. (iv) Challenges and criticism of the UN International peacekeeping Outdated structure Challenges to the UN Criticism of UN Veto power by Security Protecting Human Rights Council Democratic character of UN International Disputes – gives all power to Security Council Removing poverty Effectiveness of UN 34 | P a g e (v) The Sustainable Development Goals (SDGs) 17 Sustainable Development Goals (SDGs) (Source: https://sdgs.un.org/goals) - The phrase “sustainable development” was adopted and popularized in 1987, in the report of the United Nations Commission on Environment and Development, known widely by the name of its chairwoman, Norwegian Prime Minister Gro Harlem Brundtland. - The Brundtland Commission defined sustainable development that was used for the next 25 years: “development that meets the needs of the present without compromising the ability of future generations to meet their own needs.” - This intergenerational concept of sustainable development was adopted at the 1992 UN Conference on Environment and Development in Rio de Janeiro. Over time, the definition of sustainable development has evolved to capture a more holistic approach, linking the three dimensions of sustainable development: economic development, social inclusion, and environmental sustainability. - What are Sustainable Development Goals? The 2030 Agenda for Sustainable Development, adopted by all United Nations Member States in 2015, provides a shared blueprint for peace and prosperity for people and the planet, now and into the future. 35 | P a g e - At its heart are the 17 SDGs, which are an urgent call for action by all countries - developed and developing - in a global partnership. - They recognise that ending poverty and other deprivations must go hand-in-hand with strategies that improve health and education, reduce inequality, and spur economic growth – all while tackling climate change and working to preserve our oceans and forests. 2.5.2 Association of Southeast Asian Nations (ASEAN) - The Association of Southeast Asian Nations (more commonly known as “ASEAN”) is a political and economic organisation aimed primarily at promoting economic growth and regional stability among its members. (i) Historical background - ASEAN was founded on 8 August 1967 in Bangkok, Thailand. The signing of the ASEAN Declaration (Bangkok Declaration) by the Founding Fathers of ASEAN, namely Indonesia, Malaysia, Philippines, Singapore and Thailand. Brunei Darussalam then joined on 7 January 1984, Vietnam on 28 July 1995, Laos and Myanmar on 23 July 1997, and Cambodia on 30 April 1999, making up what is today the ten Member States of ASEAN. (ii) ASEAN Charter - The ASEAN Charter, recognized as the constitution of the organization, was formally implemented on December 15, 2008, in Jakarta. Serving as a solid foundation, it provides the necessary legal status and institutional framework for the realization of the ASEAN Community. - It also codifies ASEAN norms, rules and values; sets clear targets for ASEAN; and presents accountability and compliance. With the entry into force of the ASEAN Charter, ASEAN will operate under a new legal framework and establish several new organs to boost its community-building process. 36 | P a g e - In effect, the ASEAN Charter has become a legally binding agreement among the 10 ASEAN Member States. It will also be registered with the Secretariat of the United Nations, under Article 102, Paragraph 1 of the Charter of the United Nations. (iii) Aims and objectives of ASEAN - In brief, the aims and purposes of ASEAN were about cooperation in the economic, social, cultural, technical, educational and other fields, and in the promotion of regional peace and stability through abiding respect for justice and the rule of law. - As set out in the ASEAN Declaration, the aims and purposes of ASEAN are: 1) To accelerate the economic growth, social progress and cultural development in the region through joint endeavours in the spirit of equality and partnership to strengthen the foundation for a prosperous and peaceful community of Southeast Asian Nations; 2) To promote regional peace and stability through abiding respect for justice and the rule of law in the relationship among countries of the region and adherence to the principles of the United Nations Charter; 3) To promote active collaboration and mutual assistance on matters of common interest in the economic, social, cultural, technical, scientific and administrative fields; 4) To provide assistance to each other in the form of training and research facilities in the educational, professional, technical and administrative spheres; 5) To collaborate more effectively for the greater utilisation of their agriculture and industries, the expansion of their trade, including the study of the problems of international commodity trade, the improvement of their transportation and communications facilities and the raising of the living standards of their peoples; 6) To promote Southeast Asian studies; and 7) To maintain close and beneficial cooperation with existing international and regional organisations with similar aims and purposes, and explore all avenues for even closer cooperation among themselves. 37 | P a g e 2.5.3 European Union (“EU”) (i) History of EU - The European Union is a unique economic and political union between 28 EU countries that together cover much of the continent. The United Kingdom voted to leave the EU in 2016 and officially left the trading bloc on 31 January 2020. The current members of the European Union consist of 27 member states. - The predecessor of the EU was created in the aftermath of the Second World War. The first step was to foster economic cooperation: the idea being that countries that trade with one another become economically interdependent and so more likely to avoid conflict. - The result was the European Economic Community (EEC), created in 1958, and initially increasing economic cooperation between six countries: Belgium, Germany, France, Italy, Luxembourg and the Netherlands. - Since then, 22 other members joined and a huge single market (also known as the 'internal' market) has been created and continues to develop towards its full potential. - Originally conceived as a purely economic union, the organization has transformed into an entity that encompasses a wide range of policy domains, including climate, environment, health, external relations, security, justice, and migration. The shift from the European Economic Community (EEC) to the European Union (EU) in 1993 was a symbolic reflection of this evolution. - The EU is the largest trade block in the world. It is the world's biggest exporter of manufactured goods and services, and the biggest import market for over 100 countries. (ii) Goals of EU - The goals of the European Union are; 1) promote peace, its values and the well-being of its citizens; 2) offer freedom, security and justice without internal borders; 38 | P a g e  3) sustainable development based on balanced economic growth and price stability; a highly competitive market economy with full employment and social progress and environmental protection; 4) combat social exclusion and discrimination; 5) promote scientific and technological progress; 6) enhance economic, social and territorial cohesion and solidarity among EU countries; 7) respect its rich cultural and linguistic diversity; 8) establish an economic and monetary union whose currency is the euro. 2.6 Globalisation 2.6.1 Definition of Globalisation - Globalisation is a process of interaction and integration among the people, companies, and governments of different nations, a process driven by international trade and investment and aided by information technology. This process has effects on the environment, on culture, on political systems, on economic development and prosperity, and human physical well-being in societies around the world. - Globalisation has caused shrinking distance among the continents, a wider geographic sense of vulnerability, and worldwide interconnectedness of important aspects of human life, including religion, migration, war, finance, trade, diseases and art. - Globalisation is the increasing interaction of people, states, or countries through the growth of the international flow of money, ideas, and culture. Globalisation is primarily an economic process of integration that has social and cultural aspects. It involves goods and services, and the economic resources of capital, technology, and data. - Globalisation is not new, though. Over thousands of years, individuals and, subsequently, corporations, engaged in trade across vast distances. An illustrative example is the renowned Silk Road, which spanned Central Asia and facilitated commerce between China and Europe during the Middle Ages. Similarly, throughout history, individuals and corporations have been involved in cross-border investments and ventures. 39 | P a g e 2.6.2 Types of globalisation (1) Political globalisation - It refers to the growth of international organisations composed of states as well as the spread of non-state actors. These organisations pursue common objectives, ultimately for the well-being of the country. - Many policies that were once considered to be local concerns are now global, resulting in the strengthening of policy interdependence (national policies of one country are intertwined with those of other countries). Many national problems can be solved only through global cooperation. - To handle the issues, states form international institutions to assist them in managing and addressing the issues. For instance, the United Nations is entrusted with the vital role of upholding global peace and harmony. To fulfil this mandate, the UN, particularly through the Security Council, is empowered to adopt necessary measures to address significant global challenges, including but not limited to terrorism. (2) Economic globalisation - Globalisation is closely connected to economic development. This is evidenced through open markets and free trade. - Economic globalisation is the intercontinental exchange of products, services and labour. Consumers worldwide use the same products made by corporations. - Economics around the world develop greater capability to produce and export goods as they obtain capital, technology and access to wider markets. - As trade increases, competition intensifies, leading to lower prices and the elimination of companies that cannot effectively compete in the global market. 40 | P a g e (3) Cultural globalisation - Cultural globalisation refers to the spread of one culture across national borders. It involves the exchange of food, music, people, products, ideas and technology across national boundaries. - An example is sports. It is generally associated with nationalism- however, it has become one aspect of cultural globalisation where football demonstrates the global passion for sport. Billions of people around the world share their interest in this sport. 2.6.3 Causes and effects of globalisation (1) The development of technology (2) Financial market expansion (reduction Information technology – transmit and store in trade and investment barriers information that could speed up the The existence of many trade agreements – technological innovation. reduce the unnecessary and artificial trade E-commerce - far-flung operations of global barriers – as a result it the quotas and other enterprises controls limiting foreign trade were gradually Advance transportation system – increase dismantled. mobility CAUSES (3) Human desire to explore (to move (4) Global communication from one place to another) The spread of English language around the The movement of large number of people world. Universal language. from one part of the world to another over a The centrality of English in all aspect of short period of time. human life. Development of navigational equipment, stable ocean going vessel, improvement of land transportation system. Causes of globalisation 41 | P a g e  Lessens the possibilities of Encourage global warfare among developed connectivity – exchange of countries to considerable ADVANTAGES thought and ideas – extents – because of the exchange of information. mutual cooperation between the nations. Encourage the sharing of Encourage employment knowledge and technology Promotes economic well opportunities. between nations. being. Effects of globalization (Advantages) Unemployment - firms move their factories to Religions and cultures DISADVANTAGES places where they can get clash. cheaper workers. Obvious blurring of Industrial piracy - product distinctions between the Environmental issues – will be easily imitated and internal and external affairs extreme pollution. then promoted by low cost of the countries – effect the competitors. sovereignty of a state. Effects of globalization (Disadvantages) 2.6.4 Globalisation and COVID-19 - The first official report of COVID-19 originated in Wuhan, China, in December 2019, but the virus itself dates back thousands or even millions of years. The World Health Organization (WHO) named the virus COVID-19 (SARS-CoV-2) due to its mutations. - The rapid spread of COVID-19, facilitated by globalization through trade and travel, initially slowed down economic globalization, especially affecting industries like tourism. Countries heavily reliant on tourism are struggling economically, leading to bankruptcies in some airlines and necessitating strategic adjustments for survival. 42 | P a g e - On the other hand, companies like telcos, and couriers flourish. There were more demands for inexpensive consumer products such as clothing and electronic things. A lot of business went online. - From a political globalisation perspective, COVID-19 has caused some strain in policies across countries in the world. Starting from the blame game played by the superpower countries in the world to the closing of borders and xenophobic accusations. - By mid-2022, evidence has shown that COVID-19 has affected everyone in negative or positive ways. Negatively, it has caused global economic recession, disruption and challenges in education especially for the younger population, and physical and mental health issues in the old and young. - Positively, COVID-19 has accelerated digital access which opens doors to innovative ways of doing learning and business. The whole world scrambled to get things done online and it gets done out of necessity. Training and upskilling of personnel were done quickly and regularly to keep things going smoothly with the least hiccups. In the long run, it creates stronger and tougher people who have to improvise and move on in the face of adversaries. Consequently, this may create a better and more mature society. The effects and the solutions utilised may differ from one country to another with varying results. Only history will tell what the exact outcome is and how this would end. 43 | P a g e