| Abstract:Great Powers(GPs) issue is an old issue in international law. The fact that democratization of international relations and international rule of law have become more and more important international agendas, and that a handful of new GPs are rising in recent years, has created a new historical opportunity to reconsider this issue.
The GPs issue in international law first and foremost refers to the equality of sovereignty, which to date remains the foundation of international law. ()n the one hand, the equality of sovereignty provides an important, albeit not always effective, legal instrument for the small powers to defend themselves against GPs. Therefore, it remains and should be maintained in international law. On the other hand, in the era of international organizations, in consideration of interest and
function, it is legitimate to grant some legal privileges to GPs in international organizations, which somewhat deviates from the principle of equality of sovereignty. However, it is not always legitimate for GPs to argue for legal privileges. Whether and how GPs will be granted with legal privileges should be decided upon various factors including the aims and purposes of international organizations. This rule should be applied not only to future international legal practice but also to the reconsideration of current international legal arrangements. It should be mentioned that Defacto privileges that GPs have in international law and activities conducted by GPs in accordance with the principle of sovereign equality may also significantly affect the interest of other states. Therefore, they should also be regulated.
Legal obligations should be imposed upon GPs. This would not only legitimatize the legal privileges of GPS, but also make them exercise legal privileges in a good faith manner. Meanwhile, in the context where GPs have not been granted legal privileges, it is also legitimate for GPs to bear special obligations including those of a legal nature to other states.
A substantive approach to privileges and special obligations is not enough to effectively make
GPs exercise privileges and honor obligations in a legal and good faith manner. A procedural approach is thus needed. Such procedural arrangements can be designed in two ways. On the one hand, check and balance among GPs should be established. On the other hand, non-GPs states and non-state actors including inter-governmental organizations and non-governmental organizadons have an important role to play. |
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