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6.2 Key Elements of International Governance
Governance of our societies has its roots in small, localized groups of people who
had their own rules, customs and norms. Over time, larger governance structures at
higher scales emerged, creating more stable and formalized social arrangements
within areas where they were in effect: this ultimately also lead to the establishment
of different nations and their governance. While such larger social arrangements
helped to reduce conflicts between localized groups of people, they could remain
biased toward some groups and individuals. Further, such nation-wide governance
structures could not prevent conflicts between nations, with the two World Wars of
the first half of the twentieth century representing the most destructive examples.
As a result, considerable efforts have been made globally to establish international institutions (namely, international norms of behavior, codified into rules and
laws) and related international organizations that seek to minimize the main sources
of conflict while maximizing the benefits of peaceful cooperation and exchange of
goods and services. The League of Nations (1920–1946) can be seen as the first
major effort for such a global governance initiative. Yet, its failure to achieve wide
acceptance, meaningful influence and, ultimately, to prevent World War II led to a
renewed effort to create both organizations and institutions that would be more successful. Since the World War II, an extensive set of international arrangements have
reduced (though far from eliminated) conflict and facilitated rapid increase in production of FEW commodities and their trade between nations (Chap. 7). While the
United Nations system created in 1945 is the most visible representation of international governance, it is only a part of myriad treaties, institutions, and other arrangements that seek to establish a generally accepted approach for international
governance.
6.2.1 Concepts of International Law
Governance encompasses more than formal laws created and enforced by formal
governments (hard law). This is also reflected to the core concepts of international
law. International law refers to the “rules and principles governing the relations and
dealings of nations with each other, as well as the relations between states and individuals, and relations between international organizations” (Legal Information
Institute). As such, international law recognizes:
1. International treaties, conventions and agreements which have legal binding
obligations which are considered “hard law” because there are specific or “hard”
consequences if breached.
2. Agreements without legally binding components to them which are considered
“soft law.” One example of soft law is the use of voluntary commitments called
Nationally Determined Contributions under the 2015 Paris Agreement on
Climate Change (see Sect. 11.3). In addition to non-legally binding treaties and
6 International Governance
6.2 Key Elements of International Governance
Governance of our societies has its roots in small, localized groups of people who
had their own rules, customs and norms. Over time, larger governance structures at
higher scales emerged, creating more stable and formalized social arrangements
within areas where they were in effect: this ultimately also lead to the establishment
of different nations and their governance. While such larger social arrangements
helped to reduce conflicts between localized groups of people, they could remain
biased toward some groups and individuals. Further, such nation-wide governance
structures could not prevent conflicts between nations, with the two World Wars of
the first half of the twentieth century representing the most destructive examples.
As a result, considerable efforts have been made globally to establish international institutions (namely, international norms of behavior, codified into rules and
laws) and related international organizations that seek to minimize the main sources
of conflict while maximizing the benefits of peaceful cooperation and exchange of
goods and services. The League of Nations (1920–1946) can be seen as the first
major effort for such a global governance initiative. Yet, its failure to achieve wide
acceptance, meaningful influence and, ultimately, to prevent World War II led to a
renewed effort to create both organizations and institutions that would be more successful. Since the World War II, an extensive set of international arrangements have
reduced (though far from eliminated) conflict and facilitated rapid increase in production of FEW commodities and their trade between nations (Chap. 7). While the
United Nations system created in 1945 is the most visible representation of international governance, it is only a part of myriad treaties, institutions, and other arrangements that seek to establish a generally accepted approach for international
governance.
6.2.1 Concepts of International Law
Governance encompasses more than formal laws created and enforced by formal
governments (hard law). This is also reflected to the core concepts of international
law. International law refers to the “rules and principles governing the relations and
dealings of nations with each other, as well as the relations between states and individuals, and relations between international organizations” (Legal Information
Institute). As such, international law recognizes:
1. International treaties, conventions and agreements which have legal binding
obligations which are considered “hard law” because there are specific or “hard”
consequences if breached.
2. Agreements without legally binding components to them which are considered
“soft law.” One example of soft law is the use of voluntary commitments called
Nationally Determined Contributions under the 2015 Paris Agreement on
Climate Change (see Sect. 11.3). In addition to non-legally binding treaties and
6 International Governance