Is International Law Dying, or Just Changing Its Skin?
In recent years, the repeated violation of global norms by major powers has led many to proclaim the "death" of international law. From the conflicts in Ukraine and Gaza to the increasing unilateralism of global superpowers, the post-WWII legal order seems to be fracturing. However, a closer look suggests that while the system is under extreme pressure, its obituary is premature.
The Paradox of the UN Charter
The most visible failures of international law occur within the framework of the UN Charter, specifically Article 2(4), which prohibits the threat or use of force. When permanent members of the Security Council bypass these rules, it creates a crisis of credibility. However, as legal scholar Oona A. Hathaway argues, international law has become a "social phenomenon." Even when states violate these norms, they feel compelled to justify their actions using legal language—expanding the definition of "self-defense" or "humanitarian intervention"—thereby inadvertently acknowledging the framework's authority.
The "Silent" Successes
Beyond the headlines of war, international law operates as the invisible scaffolding of modern civilization. This "silent" international law governs:
* Global Commerce: Facilitating trillions of dollars in trade through WTO and maritime regulations.
* Civil Aviation: Ensuring safe passage for thousands of flights daily across sovereign airspaces.
* Common Heritage: Managing the resources of the deep seabed and the exploration of outer space.
* Human Rights: Providing a normative standard that domestic activists use to pressure their own governments.
The Rise of Judicialisation
One of the strongest proofs of resilience is the "judicialisation" of international relations. Today, there are hundreds of international and regional courts, such as the International Criminal Court (ICC) and the African Court on Human and Peoples’ Rights. Nations are increasingly turning to these tribunals to resolve disputes over borders, environment, and trade, signaling a shift from "might makes right" to a rules-based resolution.
The True Threat: Populist-Authoritarianism
The real danger to international law is not just military strikes, but the rise of populist-authoritarian regimes. Unlike traditional states that might break a rule but respect the system, these regimes often show a total disregard for the need to justify their actions legally. This erosion of "legal accountability" threatens to turn the global order back into a jungle where only the strong survive.
Conclusion
International law remains the only shield for the powerless against the whims of the powerful. It is currently in a "dark phase," but its survival is not just a legal necessity—it is a civilizational one. Proclaiming its end is an act of intellectual laziness; the challenge instead is to reform and strengthen its enforcement to meet the demands of a multipolar world.
How this article helps your UPSC Prep:
* GS Paper 2 (International Relations): Use the "Silent Successes" argument to show how IR is broader than just security.
* Essay Paper: The "Paradox of the UN Charter" is a great hook for essays on global peace or ethics in international relations.