Editorial #47: Escaping Realities

In our June editorial, Isabel Lischewski took us to the world of fiction, inviting us to channel our imagination when thinking about international law. In this last editorial before Völkerrechtsblog’s summer break, I want to build on Isabel’s thoughts by drawing on the concepts of utopia and dystopia in international law.

Thinking about international law nowadays strongly evokes the ideas of utopia and dystopia in my head. In a world poised to become dystopia, progressive imaginations about international law seem more utopian than ever. This leads me to the question I asked myself for this editorial: What place is there for the ideas of utopia and dystopia in international legal scholarship?

One might argue that, perhaps, international lawyers have always been drawn to utopianism. Universal human rights and world peace are utopian ideas, after all. Indeed, several scholars have used the notion of utopia and argued in favor of using it in analyzing the international legal order of today. Martti Koskenniemi famously describes the oscillating character of international law as always swinging between a mere apology of state power and normative ideals described as utopian. Anne Peters and Antonio Cassese argue in favor of looking for a “realistic utopia” that remains firmly embedded in the realm of science. This (convincing) approach ensures a greater degree of “realizing utopia”, but it limits the role of truly futuristic visions. Especially in times of backlash against international law, constructing utopian images is an exercise of optimism. Positive reform may not be very likely at the moment, but as scholars, we should be prepared for a “swing of the pendulum”.

Now, while international law might have always been connected to utopian thinking, the concept of dystopia (roughly translating to “bad place”) remains confined to speculative fiction. I propose that this world is moving closer to dystopian imageries, and that dystopian thinking might be just as sensible for international legal scholarship as its utopian opposite.

Dystopian views of the future are prominent in Science Fiction, with the Cyberpunk genre (think Blade Runner) and (debatably) Dune being good examples. Dystopian worlds are often characterized by a complete absence of universal fundamental rights, by violence, unfettered corporate power, total surveillance, and authoritarianism. Let us look at our world today: The proliferation of terrible armed conflicts, of authoritarian governments, climate change and biodiversity crisis, economic inequality, and a digitization of the world controlled by seemingly unaccountable corporations, all evoke dystopian visions in my head.

What value is there for international lawyers to escape reality, to indulge in utopian and dystopian thinking? For utopianism, the point might be to generate positive ideas for the future, unrestricted by doctrinal thinking. Dystopianism, I argue, might be helpful in getting a sense of what might happen if the project of international law fails. The creative ability of humans to imagine grim futures shows us why defending international law is important, particularly against the mightiest actors – be it powerful states or giant corporations. By contrasting utopian and dystopian visions, we can discern the role international law plays in shaping the future. The International Court of Justice’s recent landmark advisory opinion on climate change is a case in point. International law is no paradise, and one’s utopian vision of the future might be one without international law at all. For me however, and I guess for many of our readers, the project of international law remains one of hope in humanity to build a better future through global cooperation.

Thus, I invite you to think about international law during your summer reading, and – more compatible with vacation – to think about your summer reading while working on your next publication. Escaping realities is not just a soothing free-time experience. It spurs imagination about what could be, and that is valuable for any forward-looking research.

Anyway, I am looking forward to escape reality by reading Dune Messiah and Neuromancer during my summer break. In the name of Völkerrechtsblog’s editorial team, I wish all of our readers a relaxing and energizing summer.

I thank Georg Fritz for his thoughts on the topic.