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Preface: A Personal Note

Is the Westphalian logic of national sovereignty old-fashioned? In this book, I aim to examine its demise by way of explaining the limits of political power in a globalized world, without the utopian idealism found in many academic treatments of international law. I believe that obituaries of the classical theory of nation-state have been written too soon: the demise of the Westphalian concept has been premature and a ‘‘responsible sovereignty’’—incorporating the developing international law of crimes against humanity—is a better way to account for the extent to which nations today accept (or at least pay lip service to accepting) the imperative of complying with human rights norms. It is also a better way to hold them to their humanitarian promises. Political theory has not caught up with the developments that over the past decade have surprised and even astounded Westphalian traditionalists as they hear the daily news: General Pinochet arrested in London; Milošević on trial; Charles Taylor sentenced to lengthy imprisonment; indictments from an International Criminal Court (ICC) against Colonel Gaddafi and charges against the former Ivorian president Laurent Gbagbo; President Ben Ali of Tunisia convicted in absentia and President Mubarak of Egypt convicted in person. The question has now become: can heads of state keep their heads? The ‘‘Arab Spring’’ which not long ago would have been a few local insurgencies crushed by state violence, now garners international support, with the events in the region widely viewed as popular campaigns against tyranny. Domestic laws in many parts of the world are trumped by International Court rulings or over-ruled when they conflict with international treaties, while even national security policies must take into consideration regional security arrangements, international actions against terrorism, multilateral actions against piracy, international efforts to combat global warming, and multilateral efforts to stop human trafficking and other transnational crimes. No longer can a state act exclusively, on the advice of Machiavelli or Dr. Kissinger, in what its government conceives to be its national interests: there are global conventions and constraints to be considered. Once upon a not-very-long time ago, students of political theory and international affairs were taught the three verities of the nation state: territorial