The Quest for Perpetual Peace: Possibilities for international law reform based on Philip Allott's theory of social idealism

Abstract

This thesis takes up Philip Allott's challenge to think beyond the confines of academic and professional disciplines, to formulate new ideas that will transcend the current international order and create a better human future. Part I offers a theoretical exploration of past endeavours to secure perpetual peace and a map of the contemporary theoretical landscape in international law and international relations within which Allott's theory of social idealism is situated. Part II is an explication and evaluation of Allott's theory. The evaluation confirms that while the theory prescribes an international constitutionalism for a "true" international society, it does not provide practical guidance for improving the current system of international law. Allott is well aware of this. When referring to his own contribution to the discourse on the nature and function of law in humanity's integrated future, he declares that the geometer's work is complete, but that there is a need for more detailed carpenter's plans. His hope is that (younger) scholars and intellectuals will be inspired to reconnect with their intellectual inheritance, to explore new and better lines of thought, and to seek better connections between ideas – even ancient ones. Consequently, in Part III, Allott's theory is used as a springboard to construct three practical proposals intended to contribute to those detailed plans. The proposals have been developed to enable humanity to move in the direction of Allott's "true" international society specifically by transcending the recurrence of mass slaughter that is both condemned and condoned by the current regime of international law. The first proposal of an ethical obligation, and the second of an eventual legal code, concern the holding to account of all capable members of humanity for the protection of vulnerable members from atrocity. The proposals are submitted in the hope that the contemplation – if not the realisation – of these ideas might accelerate the socialisation and democratisation of international society by "the people". This would also accelerate the infiltration of international law by individuals as both subjects and objects, and redirect the central task of international law away from the protection of naked reason of state towards the reconciliation of capability and vulnerability of individual members. The third political proposal suggests how these ideas might be promulgated within the current legal and political milieux. It is anticipated that these proposals would enhance the development of a "true" international law – one that is a product of the total social process of international society, of all people and subordinate societies. With the actualisation of such an international law, perpetual peace might be realised.