Many people find international law abstract or diffuse. Topics such as war and peace or relationships between countries are considered by some to be not so much questions of law, but of power and influence. Some go so far as to argue that there is no such thing as international law.
International Law: 100 Ways It Shapes Our Lives was conceived from the proposition that international law not only exists, but also penetrates much more deeply and broadly into everyday life than the people it affects may generally appreciate. We therefore decided it would be educational and useful to identify some of those very concrete and specific ways, particularly relevant to a U.S.-based audience, and disseminate them.
The project was occasioned by this year’s celebration of the 100th anniversary of the American Society of International Law's founding. A committee was formed to take the project forward, and the decision to identify 100 ways was an outgrowth of the centennial. More than 200 ways were considered through an extensive selection and vetting process involving broad outreach to Society members and international law experts (and which is described on page iv).
The result is the selection of ways that are reprinted here. These are not necessarily the “best” 100 ways that could be found, either today or in the future. In fact, the dynamic nature of international law and institutions makes it inevitable that new ways will be constantly emerging. Nor is 100 Ways meant to be fully illustrative of all the myriad areas where international law and institutions operate. The project’s search for concrete and specific ways of relevance to individuals in the United States led us to focus on some areas to the exclusion or minimization of others. Nor should anything be read into their order of presentation here.
We did endeavor to identify ways in a range of contexts, from daily life, to leisure and travel, to commerce, to health and the environment, personal liberty, and public safety and situations of armed conflict. Some ways are of relatively recent vintage, while others are long-standing.
We sought to emphasize less those areas where international law, while important, may be predominately aspirational, or where the U.S. connection is more attenuated. We did not, however, feel the list should be limited to treaties to which the U.S. is a party; in fact, because of the individual dimension of several issues, such as climate change and anti-personnel land mines, relevant ways were included where the U.S. has not joined the principal international treaty regime to date.
There were surprises as we went through the selection process. We learned that some prominent features of daily and commercial life today, despite their global character, are not the result of or directly affected by international law—a notable example of this being the Internet.
Readers may disagree with our selections, or feel that we have overlooked important areas. But part of our goal is to stimulate thinking and provoke dialogue. We welcome submission of additional proposed ways; please see page iii for details.
100 Ways: The Process and the Future
At the Spring 2004 Executive Council meeting, outgoing ASIL President and Centennial Committee Chair Anne-Marie Slaughter called for ideas of ways the Society could observe its 2006 Centennial. Lucinda Low suggested that there should be 100 of them – ways, that is, in the form of a list that would demonstrate just how much of an impact international law has on people in their daily lives.
In November 2004, Low formed the 100 Ways Committee to develop such a list. In addition to producing the list for public education purposes, the committee sought to involve the Society membership in the project as much as possible. The list was created using committee member suggestions, expert replies to inquiries, and suggestions from ASIL members solicited at the 99 th Annual Meeting, on the ASIL web site, through the ASIL Newsletter, and via e-mail requests. ASIL staff and interns also provided or researched suggestions. Some 80 people provided more than 200 suggestions for the committee’s consideration; an extensive review process yielded the 100 Ways presented here.
In addition to the individual experts and members who suggested ways, sources used to find or confirm ways included: EISIL, the Society’s Electronic Information System for International Law (www.eisil.org); the Encyclopedia of Public International Law, by the Max Planck Institute for Comparative Public Law and International Law, under the direction of Rudolf Bernhardt; the UN publication, “Sixty Ways the United Nations Makes a Difference,” and the respective UN, international, or government institutions with responsibility for the international law, agreement, or activity described.
100 Ways is a dynamic project, and we invite readers to suggest new, better, or alternative ways to be included in future versions of the list, which will be updated periodically on the ASIL web site and, as warranted, in print. If you have recommendations for new ways, or questions or comments about any of the existing ways, we encourage your input. Please go to the Comments and Suggestions page – where you can submit your ideas or reactions.
