Why international law matters

Syllabus
GS Paper 2 – Important International institutions, agencies and fora- their structure, mandate

Context
Recent war situations, from the ongoing Israel-Palestine conflict to the invasion of Ukraine, demonstrate the crucial importance of international law in maintaining world order and promoting global peace.

Source
The Hindu | Editorial dated 10- January 2024

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International Law and its relevance

International laws like Article 2(4) [prohibits the threat or use of force and calls on all Members to respect the sovereignty, territorial integrity and political independence of other States] of United Nations Charter is indispensable in maintaining global order. Its significance in the global context are given below:

• Normative Influence:
  • International law shapes state behavior even beyond formal compliance.
  • National courts increasingly use it to interpret domestic laws, expanding its reach.
• Transnational Legal Process:
  • Engagement with international law triggers a complex process of global debate, interpretation, and internalization within domestic systems.
• Accountability Mechanism:
  • International law provides a platform for questioning state conduct and holding powerful actors accountable through legal avenues like the ICJ.
  • Eg. , South Africa moved the International Court of Justice (ICJ) alleging that Israel’s conduct in Gaza violates the Convention on the Prevention and Punishment of the Crime of Genocide
  • Eg.  Israel Defence Forces have tried to explain how their military offensive is consistent with international law
• Preventing Conflict:
  • Instead of brute force, international law offers a toolbox for nations to peacefully settle disputes and avoid the scourge of war.
  • Through treaties and legal principles, international law lays the groundwork for diplomacy and negotiation, keeping borders secure and peace prevailing.
• Protecting Human Rights:
  • International law acts as a shield for individuals and groups, safeguarding their fundamental rights from any form of abuse or violation.
  • By establishing universal standards and holding states accountable, international law champions the dignity and well-being of all.
• Promoting Economic Development:
  • International law fosters a stable and predictable environment for global trade and investment, paving the way for economic growth and prosperity for all nations.
  • By establishing fair rules and ensuring intellectual property protection, international law facilitates a dynamic and interconnected global economy.
• Cooperation on Global Issues:
  • From climate change to pandemics, international law provides a platform for nations to join forces and tackle shared challenges that transcend borders.
  • Through treaties and international organizations, international law fosters collaboration and collective action, ensuring a safer and healthier world for generations to come.

Issues with International law

• Toothless Tiger:
  •  Unlike national laws backed by police, international law lacks a global enforcement arm, making it vulnerable to violation and limiting its effectiveness in holding violators accountable.
• Global cooperation a distant dream:
  • The ever-growing complexity of global issues and the diverse array of players involved make it a daunting task to create and enforce universally accepted norms and principles.
  • Thomas Franck argued that Article 2(4) was “dead because it worked on the flawed assumption that the permanent members of the UN Security Council would continue to cooperate after World War­2”.
• Broken Shield:
  • Despite its noble intentions, international law has often failed to prevent or stop conflicts, leaving the world vulnerable to the horrors of war. This raises questions about its effectiveness in maintaining peace and security.
• Colonial Legacy:
  • Critics argue that international law’s roots in colonial and imperial structures compromise its legitimacy and fairness, making it difficult to apply universally and effectively.
• Compliance Conundrum:
  • The uneven and often poor compliance with international law, often with little consequence for violators, raises concerns about its true power and impact. It’s like having laws everyone knows but nobody follows.

Way Ahead

• Moving beyond compliance:
  • Instead of just measuring how often states follow the rules, we need to consider how international law shapes their behavior and expectations, even if they don’t always comply perfectly.
  • Compliance is just one piece of the puzzle. We need to look at the broader influence of international law on global norms, attitudes, and actions.
• Adapting to a complex world:
  • The world is interconnected, and national problems often require international solutions. International law needs to evolve to address these complex challenges.
  • In a globalized world, relying on outdated laws or fragmented approaches won’t work. We need a more robust and adaptable legal framework.
• Fairness and restraint:
  • International law should be a shield against the abuse of power by strong nations. We need fair and effective rules to curb expansionism, imperialism, and illiberalism.
  • The current system isn’t always equal. We need to work towards international laws that protect the rights and interests of all nations, not just the powerful few.
• Strengthening international institutions:
  • Organizations like the UN and the ICJ play a crucial role in upholding international law and resolving disputes. We need to invest in their resources and authority.
  • International cooperation is essential for making international law work. We need strong institutions to facilitate dialogue, enforce norms, and hold violators accountable

Conclusion

While not perfect, international law lays a crucial foundation for navigating the complexities of global relations and building a more stable future.

RELATED TOPICS

United Nations Charter

• TheCharter of the United Nations is the founding document of the United Nations.
• It was signed on 26 June 1945, in San Francisco, at the conclusion of the United Nations Conference on International Organization, and came into force on 24 October 1945.
• The UN Charter codifies the major principles of international relations, from sovereign equality of States to the prohibition of the use of force in international relations.

Article 2 of UN Charter

The Organization and its Members, in pursuit of the Purposes stated in Article 1, shall act in accordance with the following Principles.

• The Organization is based on the principle of the sovereign equality of all its Members.
• All Members, in order to ensure to all of them the rights and benefits resulting from membership, shall fulfill in good faith the obligations assumed by them in accordance with the present Charter.
• All Members shall settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered.
• All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations.
• All Members shall give the United Nations every assistance in any action it takes in accordance with the present Charter, and shall refrain from giving assistance to any state against which the United Nations is taking preventive or enforcement action.
• The Organization shall ensure that states which are not Members of the United Nations act in accordance with these Principles so far as may be necessary for the maintenance of international peace and security.
• Nothing contained in the present Charter shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state or shall require the Members to submit such matters to settlement under the present Charter; but this principle shall not prejudice the application of enforcement measures under Chapter Vll.

The permanent members of the United Nations Security Council

Also known as the Permanent Five, Big Five, or P5 are the five sovereign states to whom the UN Charter of 1945 grants a permanent seat on the UN Security Council:

• China, France, Russia, the United Kingdom, and the United States
• The permanent members were all Allies in World War II (and the victors of that war), and are the five states with the first and most nuclear weapons
• All have the power of veto which enables any one of them to prevent the adoption of any “substantive” draft Council resolution, regardless of its level of international support.
• The remaining 10 members of the UN Security Council are elected by the General Assembly, giving a total of 15 UN member states on the Security Council.

References

https://www.un.org/en/about-us/un-charter

https://www.cfr.org/backgrounder/un-security-council

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Practice Question

In light of recent conflicts and criticisms of its effectiveness, critically analyze the current state of international law. [250 words]