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226
Middle East has two important borders (mainly because of
history): Central Asia — where the Russian influence is the main
actor for the last almost 200 years — and the Chain Mountains
Pamir — Himalaya;
India is separated by big rivers and big chain mountains to
Pakistan (Indus), South East of Asia (yellow race) and China;
China is the Middle Empire, with one hand related to the south
and with the other one to the north. Today we are not sure where
Beijing looks straight: to Pacific Ocean or to Middle East, Russia
and India
1
in the same time. Last years show us that both directions
are possible; in our opinion, always the middle position obliged the
state claiming this position to watch more carefully inside;
South East of Asia is related more with Australia, where an
important position is kept by the United Kingdom (the same chief of
state In Australia and New Zealand);
Japan represents — somehow — a padlock for almost all Asian
powers with interests of Pacific Ocean: here, the key belong to
Washington sea power (on Mahan admiral doctrine).
Thus, we cannot consider that the actual dimension of Eurasia
is correct, related with the geography and mainly to the history.
Despite all innovative technology, the desert is still a desert, a big
chain mountain remain on the same position.
It is true: maritime ships can transport a lot of products (it is very
interesting to observe the Chinese offensive in weak Europe’s ports
2
)
and pipe-lines create a faster way to transport energy resources, but
we must understand another limits:
Pipe-lines represent land states, land powers cooperating or in
a perpetual competition (the differences between two attitudes is
not always clear). In this case, we must note few moments when
1
India is an »obstacle for a perfect seeing» to the South African rivers and
mineral resources.
2
In a famous report: Global trends 2025 — A transformed world made by
National Intelligence Office (Washington, 2008), there are few observations
about Chinese limit of economic development related to export of goods (p.
29 — 31).
Геополитика многополярного мира. Доклады и тезисы
227
tensions can create bigger problems, as blocking of oil transport
in Ukraine or terrorist attacks on pipe-lines. In the same time, it is
very easy to control a pipe-line, because it is stable on the land for
kilometers, and no one can pay guards for every 100 meters to have
a perfect safety of them;
Maritime transport means to control the straits, and for Eurasia
there are four very important ones: Skagerrack, Gibraltar, Malacca
and the sea in the front of Arabian Peninsula, to control Red Sea and
the Persian Gulf. We see here a strong position of United Kingdom,
USA and to the sea powers by excellence. Inside this perimeter,
there is Bosporus, Suez channel and a lack of military fleet for the
«land powers of Eurasia».
As conclusion: the author believe that Eurasia is a small concept,
we need to add here Africa too — minimum the northern part, from
French part of Senegal to Bab-el-Mandeb strait near the Ethiopia
and Somalia; today Chinese politics introduce in the geopolitical
equation whole Africa … and, in our opinion, soon we must be
extend with Australia.
In this case, every state must understand its political dimension
and its role on the Eur-Asi-African (our tri-continental proposal),
named EAA, and to play well its card.
Following this idea, we must note the words of Professor J.L.
Granatstein, on April 2011, at the reunion of Canadian Forces
College1: «can a small or middle power have a Grand Strategy?
Former diplomat Daryl Copeland defined Grand Strategy as a
unifying, long-term vision of a country’s global values and interests;
an expression of where the country is, and where it wants to go in
the world; and an analysis of its potential and capacity to achieve its
objective. I consider it a core element of statecraft.
That sounds difficult to derive for most nation-states, but to me it
does not sound like Grand Strategy, at least not for smaller powers.
Smaller countries can fight wars against other smaller powers or
1
J.L. Granatstein: Can Canada Have a Grand Strategy?, Canadian Defence
& Foreign Affairs Institute, p. 2 — 3.
Vacarelu Marius
To build a real Eurasia: few juridical ideas
228
maneuvers to avoid them. They can join Great Power alliances or
not. They can follow particular economic policies or decide not to.
But they do not have Grand Strategies because they lack the human,
industrial, and military resources to sustain them. In other words, the
God of Grand Strategy is only found on the side of the big battalions.
But small countries do have, like every other state, national interests,
and their policies are (or should be) focused on advancing or
protecting these interests and on their national survival.»
4.
If we analyze Eurasia in this dimension, we must express
another idea about the legal concept of Eurasia.
Legal concepts exist as it is written. In this scientific branch,
words are words, and they cannot be understood in different senses.
For any word it is a clear definition and a complex base for any
different sense regarding any legal institution
1
.
Eurasian is not a concept for legal sciences; we need international
treaties to proclaim the existence of this new legal institution. Thus,
the author will analyze briefly only few ideas, because the potential
for this scientific debate is huge and we don’t have here enough
space for it.
First of all, we must underline that inside Eurasia there are many
legal systems, with many traditions — to create a real, single and
unite Eurasia as concept and political entity, we need to harmonize
these differences. For that, we can use only the legal principles, but
«Although confirmed by Article 38 of the Statute of the
International Court of Justice, the idea that there exist general
principles of law that are recognized by civilized nations has lost
ground in recent years. This fact raises the question of whether
such general principles have any order-providing meaning or value
beyond the State. If compared to the apparently «natural» systematic
structure of state legal orders, the global legal space appears to
lack a body of general rules and seems dominated by sectionalism
and fragmentation. Indeed, it resembles the medieval legal order,
1
E. Balan: Institutii administrative (Administrative institutions), CH Beck,
Bucharest, 2008, p. 8
Геополитика многополярного мира. Доклады и тезисы
229
characterized as that was by the simultaneous presence of various
legal orders competing with each other. In reality, studies of legal
history have led to a different understanding. We now know that
that systematic structure was not natural. It was an integral part of a
general pattern of morphological transformations undergone by the
legal orders of states.»
1
In this case, we don’t know which legal principles must be
fulfilled, because there are many differences between European
continental law and religious Islamic law; between Chinese system
law and the Britain law. For this debate we can write books, but,
of course, in national parliaments it will be a complicate debate,
because no one wants to renounce to the history (at least).
Second question: if we want a single Eurasia, where it might be
the capital of the state? Any political entity without a center (capital)
collapse in less than 5 years: thus, where it must be!
Logics speak: at the middle of the distance, because it is necessary
to offer equal access to all persons to all services which are ruled
from this big center. So, we can look to Caucasus, maybe to the
Near East: Damascus — or Baghdad? … Islamic capital means a
different kind of administration of it, because here it was in the last
two decades the most important military conflicts — it is need to a
new urban architecture, for a capital of almost 4 billion inhabitants!
A lot of new institutions must be settled in this new capital: a
Eurasian parliament, which must be able to adopt important, ethic
laws, with a great availability for flexible interpretation, because:
a) These laws cannot be applied from the first moments,
because it will be a great problem with internal constitution of the
states, and with all secondary (administrative) legislation;
b) Looking to European Union constitutional treaty of 2006
and to the Lisbon Treaty of 2007, we can see the huge dimension
of the texts
2
: if this it was possible for a group of 27 states with
1
E. Chitti, B.G. Matarella: Global administrative law and EU administrative
law, Springer, London, 2011, p. 89
2
300 pages or more, it depends by the editor.
Vacarelu Marius
To build a real Eurasia: few juridical ideas
230
common legal tradition (Roman Empire, in fact), can we predict the
legal dimension of a Constitution for Eurasia?
c) In that moment it must be start a global educational change,
not only in Law faculties, to understand and to apply new law, but
also in every state, because the complexity of changes cannot be
seen in one day.
In this context, we have a single question: the loyalty of every
person of Eurasia will belong to whom? Because the history never
must be forgotten
1
!
Another question is related about the administrative organization
of the territory — now, only one big state, but what kind of internal
autonomy inside every small part of every state who compose the
Eurasian state, because without a strong centralization is impossible
to build a functioning state.
The last question is about the justice — where it must be The
Supreme Court of Justice? Where it must be The Constitutional
Court?
Regarding this; we must note that:
How many procedural steps (appeal, recourse and more) a person
must do to be judged by the Supreme Court of Justice?
How it must be invoked the control from The Constitutional
Court?
Who are the administrative institutions who shall fulfill the
decision of the Eurasian justice? Only one example: in one state a
person is affected by the behavior of another state. He claims the
state, but this state is too strong to be punishing easily … ca we have
equality between states?
Conclusion
In this case, Eurasia is a seductive idea. However, it can be tried
to create such a state, but, in our opinion, legal problems are the
«big stone», in front of any political ideas. In fact, we must note the
1
Title of a famous book about World War II.
Геополитика многополярного мира. Доклады и тезисы