Chapter 11. Law-Abiding Spirit and DPCW
Section 1. The
Necessity of Law
Social
norms are needed for members of society to live in harmony. Social norms
include customs, morality, and law. Among them, the law is a norm that must be
applied in a mandatory way. What does a society without law look like? Let’s
predict what a society without law and order will look like through the life of
a fictional tribe called “Troglodytes” in the novel Persian Letters by
Montesquieu, Charles Secondat. The Troglodytes did not follow anyone’s words
after killing both the king and the administrator. They only cared about their
own happiness and agreed that it was none of their business if others were
unhappy. These tribesmen who were freed from all regulations lived a free life.
However, they soon realize that living without law and order does not benefit
them. For example, there was A, who had fertile land, but B and C worked
together to kick A out of the house and stole the land. However, C wanted to
have the land to himself and killed B. But that did not last long. C was also
attacked by D. The Troglodytes had to constantly live a life of anxiety to
protect their lives and property. If there is no law in the society, it is
obvious that such chaos will occur. If there is no law, how do we resolve when
car accidents occur? The same applies when one works hard, but does not receive
any wages. These kinds of situations cause conflict. As such, the law is
necessary to solve specific problems in society, protect the rights of the
members of society, and maintain order.
Section 2. Law-Abiding Spirit
If
all members of society know and abide by the law, they can safely protect each
other's lives and property. But even if there is a law, what is the use if no
one complies with the law? Therefore, the value of existence and usefulness of
the law are in law-abidingness. A “peace citizen” is a person who actively
abides by the law based on the law-abiding spirit. They are like a “walking
law” that they themselves strictly obey the law and set an example for others.
With the rapid development of transportation and communication in the 21st
century, the modern people’s area of activity has expanded from their own
country to overseas and even to online spaces. The law-abiding spirit is
essential for people of different races, religions, and values to coexist
peacefully in all these spaces. Currently, the ministries of education and many
schools in developed countries are aware that sustainable development is no
longer possible only with education focused on knowledge transfer and
technology acquisition. Schools are increasing the proportion of civic education,
order education, personality education, environmental education, and more. In
order for the state and society to achieve sustainable development in the trend
of globalization in the 21st century, fostering citizens with a law-abiding
spirit is an important and urgent task.
Section 3. Peace
Agreement
Salmon
Oliver Levinson, an American lawyer who lived through World War I, said that it
was mankind's worst mistake to legalize the war. In any country, murder is
universally defined as the worst crime and there are laws that prohibit it. But
why is there no law prohibiting war? Salmon Levinson believed that the most
fundamental way to eliminate war was to outlaw war itself. At that time, his
idea of outlawing war was revolutionary. Levinson's efforts paid off on August
27, 1928 with the Kellogg-Briand Pact. It was signed by 15 nations outlawing
war as an instrument of national policy. Article 1 of the Kellogg-Briand Pact
states, “The High Contracting Parties solemnly declare in the names of their
respective peoples that they condemn recourse to war for the solution of
international controversies, and renounce it, as an instrument of national
policy in their relations with one another.” This agreement made war illegal
for the first time in history. However, this agreement, which was not binding,
failed to prevent World War II. For this reason, there is also criticism that
the document does not actually serve its purpose. However, this agreement
changed the international community’s view of war. War was viewed legal until
the World War I, but after defining war as illegal, a view of war as a criminal
act emerged from the World War II. The agreement without coercion is difficult
to ensure lasting peace. For sustainable peace, a binding international law
suitable for rapid changes in the world is urgently needed.
Section 4.
“Declaration
of Peace and Cessation of War (DPCW)”
The UN
Charter has long been referred to as the starting point of a new international
legal system in that it has established a regulation banning war but for two
exceptions. It is clear that the UN Charter system has made outstanding
achievements so far, but 75 years have passed since it took effect in 1945, and
various forms of disputes are still taking place throughout the world. And in
recent years, those in academia has agreed that the UN charter system is still
significant, but it is not enough to maintain international peace.
The DPCW is
the first step toward supplementing these issues. The DPCW aims
to supplement and improve existing international law to suit the current
situation through a fundamental approach to war and peace. Accordingly, the
DPCW was drafted to pursue progress in international law based on norms already
agreed by state actors. The DPCW comprised of 10 articles and 38 clauses
with the preamble suggests ways to prevent and resolve disputes and achieve
lasting peace. Articles 1 to 7 deal with the role of the states in creating
peace in the international community such as refraining use of force, promoting
friendly relations, and more. Articles 8 to 10
suggest that building world peace is a task given to everyone in the global
community by emphasizing the participation of not only the states, but also all
civil societies such as freedom of religion, strengthening education and
welfare,
spreading a
culture of peace, and more.
After the
World War I and II, the UN was launched to maintain world peace and
international order, but wars continued due to various reasons such as security
dilemmas in the international community and the beginning of the Cold War among
other things. Also, lethal weapons have continued to develop for decades. If
the world does not want to suffer the same horrors like World War I and II
again, then a binding international law is needed. The DPCW drafted as a
supplement to the UN Charter system can be an alternative. What the DPCW
fundamentally needs in order for it to be effective is the law-abiding spirit
of the people around the world. It is difficult to realize world peace and end
wars only with the support of leaders from one or two countries or support from
some levels of society. From state leaders to citizens, they all have to
recognize the need for international law for peace;
and when working together to comply with international law, peace can become
not just a dream, but a reality that can be held in our hands.
#HWPL #IPYG
#IWPG #UN #COVID_19 #WARP_OFFICE #PEACE #PEACE_WORLD
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