Problem sprawiedliwości międzynarodowej

Abstrakt

In party I of the article the author attempts to present the relationship between justice and other values; Part II deals with the subjects of universal community; Part III discusses planes and forms of dispensing social justice.

Nowadays international justice is mentioned besides traditional forms of justice, i. e. substitutional, distributional, social and legal. It seems to result from the birth of international community. All kinds of justice possess a common feature. Termed the principle of justice, it encourages granting what is lawfully due to other subjects as well as legalizing the right to achieve individual aims.

Justice may be understood as moral competence, moral principle, social order founded upon the principle, and action which follows from respecting the law and duties. The author is essentially interested in justice as action. Being the realization of natural law, justice is moral action by means of which what is rightfully suum, cuique reddendi his is given to the other. It is also an activity through which man attains his own aims to which he is entitled.

Justice is related to other values, such as truth, liberty and good (common). Just action must be founded upon the true knowledge of man, his dignity, equality, rights, duties, aims and tasks. It also implies liberty since any enforced action is not truly human and as such it can serve to realize neither action nor laws of both the individual and the community. Justice is also connected with good (common) which constitutes its subject, these are personal good i. e. integrated development, and instrumental one, i. e economic and cultural goods.

In Part II the author attempts to present the subjects of laws and duties in the international community. He analyses theological, philosophical and sociological aspects of the problem, and lays down moral and legal norms that should be in face in the community. If we consider the philosophical and theological aspect, then it is possible to discuss the existence of universal (international) community; the sociological aspect implies merely the framework of such a community, while its full realization is still the postulate of the common good. The attitude of many authors, including the Code of International Morality which treats particular states as subjects of this community, cannot be maintained according to the notins of natural law. Already F de Vittoria proved that individuals and states constitute the subjects of this community, and at present the same opinion is expressed by many sociologists interested in international relations. It is worth adding that also international organizations and nations (ethnic minorities) are its subjects. The same subjects are the subjects of rights and duties in the universal (international) community. One should look for the foundations of legal force of the norms valid in the universal community in the value of an individual. The same natural law which determines the norms of conduct between particular citizens should also rule the relationships within the universal community. Natural rights of every national (state) community and other social groups result from the very nature of man and the demands of social life. As there exist mutual rights and duties of particular countries, their mutual relations should be founded upon the principle of justice.

The author accepts J. Messner’s definition of international justice. He stresses the existence of two interrelated elements, suum cuique, and economic and cultural cooperation as in important factor of accomplishing the cuum. International justice is realized by means of varied cooperation rather, than sharing the their goods by the developed countries. The latter form can lead merely to the short- -lived satisfaction of the consumer’s needs. Although such equality is of a passive nature, it is necessary now. The teachings of bona superfluora formulated by Fathers of the Church, are extended by Populorum progressio from the individual plane to the international relations. Christian ethics always has stressed the universal appropriation of economic and cultural goods and the universal natural law entitling to their use. The idea of universal appropriation of mundane goods is of absolute and timeless value, independent of historical or social determinants and there is no need to verify it. Teachings of the Church concering the economic goods (ownership) and cultural are considered from the viewpoint of universal international community.

The author stresses that scientific and technological as well as economic and cultural cooperation constitute the proper form of dispensing international justice. It is cooperation rather than aid since poverty and illiteracy cannot be abolished without the participation and effort of the developing countries themselves. They have to change their social and economic structures as well as the mentality of social groups. Cooperation but not aid demands changes in the structure of world economy. This is not only a moral postulate but also one resulting from the interests of both developed and developing countries. Individual national interests and universal interests are identical as nowadays common good of a particular state cannot be separated from the good of the whole family of men. Development and welfare of one nation at the same time both follow from and prompt welfare and development of other nations. Peace constitutes the common interest of all peoples of the world.

The author thinks that to a certain extent the duty of developed countries to help the developing ones may follow the principle of restitution. It is a historical fact that the rich countries have achieved their present economic level by means of, among other things, colonial exploitation.

International justice should be realized through:

— respect of dignity of the human being, preservation of the rights of man as well as rights of nations and countries to existence and development;
— cooperation in the field of science, technology, economy and culture;
— proper and just, fixed prices of agricultural raw materials and products;
— participation of the developing countries in the decisions concerning economic problems of the international community.