Although portrayed as a liberal law of co-existence of and
co-operation between states, international law has always been a
welfarist law, too. Emerging in eighteenth-century Europe, it soon
won favour globally. Not only did it minister to the interests of
states and their concern for stability, but it was also an
interventionist law designed to ensure the happiness and well-being
of peoples. Hence international law initially served as a
secularised eschatological model, replacing the role of religion in
ensuring the proper ordering of mankind, which was held to be both
one and divided. That initial vision still drives our post-Cold War
globalised world. Contemporary international law is neither a
strictly welfarist law nor a strictly liberal law, but is in fact a
liberal-welfarist law. In the conjunction of these two purposes
lies one of the keys to its meaning and a partial explanation for
its continuing ambivalence.
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