WHY INTERNATIONAL LAW MATTERS

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THE CONTEXT: Recent war situations across the world whether in Gaza or in Ukraine indicate the importance of the international law in maintaining world order and promoting peaceful relations between states.

MORE ON THE NEWS:

• Israel’s bloody war in Gaza has caused unprecedented death and destruction and this war started when the world was still reeling from the shock of Russia’s illegal invasion of Ukraine, which, too, has caused devastation.
• These two wars have raised questions on the existing international laws, especially the rule prohibiting the use of force in international relations the crown jewel of the United Nations Charter codified in Article 2(4).

ISSUES

• Lack of enforcement mechanism: One of the main challenges that the international laws are facing is the lack of enforcement mechanisms. Unlike municipal law, international law lacks a global police force to enforce it successfully. It limits the effectiveness of international law in addressing violations of its norms.
• Complexity of global issues: The increasing complexity of global issues and the diversity of actors involved in international relations make it challenging to develop and enforce a set of universally agreed-upon norms and principles.
• Failed in preventing conflicts: The international laws have failed in preventing or stopping the conflicts and the wars. It is happening because international law suffers from several structural deficiencies.
• Colonial character: Scholars trace that the origin and genealogy of international law is linked with imperial and colonial character.
• Poor compliance record: Scholars argue that international law is faced with poor compliance record which often left no significant consequences for the international community.

SIGNIFICANCE

• Prevention of Conflicts:The international law aims to prevent conflicts between nations. It establishes legal frameworks for resolving disputes and promoting peaceful solutions to conflicts.
• Protection of Human Rights:International law provides a legal framework for the protection of human rights. It helps to promote the rule of law and ensures that individuals and groups are protected from violations of their fundamental rights.
• Promotion of Economic Development:International law promotes economic development by creating a framework for international trade, investment, and intellectual property. It helps to promote economic cooperation and integration among nations.
• Cooperation on Global Issues:International law provides a framework for international cooperation on various issues, including global health, disarmament, and humanitarian assistance.

DIMENSIONS:

1. Compliance:

• A narrow focus on rule compliance curtails international law’s normative interaction with both State and non-state actors.
• For instance, national courts often use international law to interpret domestic law to enlarge its content, even if that international law has not been implemented through domestic legislation.
• Also, compliance cannot be the only criteria to determine the efficacy of law, a lot of domestic law would also have to be declared useless, given the innumerable violations in municipal legal systems.
• Even if there is no universal compliance with international law, especially international humanitarian law, there is a universal aspiration towards compliance.
• International law must be moulded to become an instrument that holds the powerful accountable in international relations.

2. Accountability:

• The international law matters because, through its argumentative practices, it has the potential to hold those who wield public power accountable for their conduct.
• For example, Israel would not have to explain its conduct to the larger world, and there would be no ICJ to hear a complaint against it.
• Accountability stems from several actors such as states and private individuals invoking international law to ask questions of those in power and make a case if their actions are illegitimate.
• While this system of holding those in power accountable is not ideal, it does push countries and actors to explain their conduct. For example, the Israel Defence Forces have tried to explain how their military offensive is consistent with international law.

THE WAY FORWARD

• Moving beyond compliance: The concept of compliance is inadequate to understand whether international law has normative effects. So, there is a need to move beyond compliance. Assessing the usefulness of international law requires shifting the benchmarks away from a general theory of compliance.
• Addressing the complex world situations: There is a need to develop international law as the need for international law arises from the complex and interconnected nature of the world today, where the interactions between nations have become more frequent and complicated.
• Need of fair laws: In the current situation of power relations, world needs more of fair international laws to constrain expansionist, imperial, and illiberal propensities.
• Role of international organisations: Various international organizations that work on international law, such as the United Nations and the International Court of Justice should be strengthened to continue their contributions in upholding international law.

THE CONCLUSION:

Though, international law and its structures are not ideal, but the significance of these laws cannot be ignored. As the world continues to evolve, international law will continue to play a crucial role in shaping the conduct of international relations and promoting global governance.

UPSC PREVIOUS YEAR QUESTIONS

Q.1 ‘Too little cash, too much politics, leave UNESCO fighting for life.’ Discuss the statement in the light of the US’ withdrawal and its accusation of the cultural body as being ‘anti-Israel bias’. (2019)

Q.2 What are the key areas of reform if the WTO has to survive in the present context of ‘Trade War’, especially keeping in mind the interest of India? (2018)

MAINS PRACTICE QUESTION

Q.1 Discuss the significance of international laws in today’s world as a tool for promoting peace and preventing conflicts between nations.

SOURCE: https://www.thehindu.com/opinion/op-ed/why-international-law-matters/article67722808.ece#:~:text=Hakimi%20argues%20that%20international%20law,power%20accountable%20for%20their%20conduct.