| dc.description.abstract | This paper takes part in the contemporary discussion around the notion of sovereignty and its viability in the increasingly globalized world. Whereas the question of persistence of sovereignty sets the overall frame for the thesis, the actual research is done by looking at a specific international treaty, the Rome Treaty, which is often looked upon as a factor restricting national sovereignty. The goal of the thesis is, in particular, to find reasons for the diverging outlook of two western nations, Germany and the United States, on the same question. This was done by looking at historical developments of the two nations, as well as developments in contemporary domestic politics of Germany and the United States. The research is draws on sources such as various books, articles, documents and treaties.
The purpose of the Rome Treaty and the International Criminal Court created in it is to convict the worst criminals of the world, those responsible for crimes such as genocide, crimes against humanity, and war crimes. Its aspirations are, therefore, in accordance with western values. The two nations of Germany and the United States are great promoters of such values. For this reason, the entire analysis will be based on a western perspective. In other words a perspective according to which both nations are expected to participate in an important treaty such as the ICC treaty due to the values they both share.
Although another outcome might have been expected considering the historical developments of the two nations, it is Germany that now appears as a nation willing to participate in international cooperation with relatively few restrictions. The United States, on the other hand, often chooses a deviating position from its allies. The United States argumentation for staying outside of the ICC is that the Court establishes a threat to American national sovereignty, and is therefore not compatible with the American Constitution. Other reasons provided by Washington are USA s fear of not being able to protect its soldiers under the Court s jurisdiction, as well as problems USA believes will appear as a result of the Court s structural weaknesses.
Central to the thesis is finding out how various political, historical and ethical aspects have influenced the decisions made by Germany and the United States toward the ICC. The paper concludes that the German decision in particular, was made based on traditions that have mainly been shaped by the legacy of the Second World War. The reasons for the American rejection of the ICC, on the other hand, can be found partly in the sphere of foreign policy principles created by geographical as well as power political factors. However, the American hostility toward the Rome Treaty is also in part a result of the increasing Republican influence on American politics.
As for the broader question of the viability of sovereignty in our contemporary world, no signs of weakening of the concept were found because of developments in international law. In the Rome Treaty, as in international treaties in general, the concept of national sovereignty is well preserved, not to mention safeguarded to a high degree. | nor |