The Character of Inter-State Relations - Case Study Example

It has been propounded that customary international law is nevertheless significant as a source of law particularly in the international human rights arena (Cassese, 2005: p.389).  For example, the codification of conventions, and case law of the International Court of Justice (IJC) have been cited as contributing to the “resurrection” of customary international law (Cassese, 2005: p.65).  However, notwithstanding the theoretical importance of international law-making in areas such as human rights and as a check on autocratic state power, these measures are only as effective as their practical enforceability, which some commentators have challenged in light of competing for political interests the international level, arguing that customary law has effectively been replaced by national concerns in inter-state relations (Dixon, 2007: p.17). Directly correlated to this is the concept of “state” and “inter-state relations”, which in terms of individual human rights protections at the international level has become a central issue, particularly in the context of rapid globalization (Baylis & Smith, 2001).

Indeed, Benvenisti and Hirsch comment that globalization is a multifaceted concept that encompasses technological, political, economic, and social trends (Benvenisti & Hirsch, 2004 p.167). Moreover, Baylis et al highlight that the term globalization refers to “the widening, deepening, and speeding up of worldwide interconnectedness in all aspects of contemporary social life”.As such, the rapid pace of this process in the previous two decades along with the digital revolution has meant that “cross-border flows (of trade, investment, migrants, cultural artifacts, environmental factors, etc) have reached unprecedented levels”.

(Benvenisti & Hirsch, 2004, p.168). Directly related to this is the increase in international immigration.