Context:
Despite growing violations and geopolitical tensions, international law continues to function as a framework for regulating relations between states, enabling dispute resolution, global cooperation, and accountability.
Key Highlights:
Debate on Relevance of International Law
- Rising tensions involving major powers such as the United States and Iran have revived debates about the effectiveness of international law.
- Concerns arise from repeated violations of norms governing the use of force.
UN Charter and Use of Force
- Article 2(4) of the UN Charter prohibits threat or use of force against the territorial integrity or political independence of states.
- Despite breaches, the provision remains a fundamental norm of international relations.
Expansion of International Legal Framework
International law governs diverse domains including:
- International trade
- Human rights protection
- Maritime law and ocean governance
- Climate change cooperation
- Civil aviation regulations
Continuing Treaty Development
- Ongoing negotiations and agreements indicate active international law-making, such as:
- High Seas Treaty (Biodiversity Beyond National Jurisdiction – BBNJ Agreement)
- Proposed Global Pandemic Agreement
Role of International Courts
- Institutions like the International Court of Justice (ICJ) and arbitration tribunals help resolve disputes.
- These mechanisms support peaceful settlement of conflicts and rule-based global order.
Relevant Prelims Points:
- International Law
- Set of rules and principles governing relations among states and international actors.
- UN Charter (1945)
- Foundational treaty of the United Nations.
- Establishes principles of sovereign equality, peaceful dispute settlement, and prohibition of force.
- Article 2(4) of the UN Charter
- Prohibits threat or use of force in international relations.
- International Court of Justice (ICJ)
- Principal judicial organ of the United Nations.
- Settles disputes between states according to international law.
- BBNJ Agreement (High Seas Treaty)
- Aims to conserve marine biodiversity beyond national jurisdiction.
Relevant Mains Points:
Importance of International Law
- Provides a rules-based framework for global governance.
- Facilitates cooperation on global commons such as oceans, climate, and space.
- Promotes peaceful dispute resolution mechanisms.
Challenges to International Law
- Increasing great power competition and unilateral actions.
- Rise of populist and authoritarian regimes undermining multilateral norms.
- Selective compliance by powerful states weakens institutional authority.
Resilience of the International Legal System
- Even when violated, international law creates normative pressure and accountability mechanisms.
- Most global transactions—trade, aviation, maritime navigation—still rely on legal frameworks.
Way Forward
- Strengthen multilateral institutions and dispute settlement mechanisms.
- Encourage greater compliance and enforcement mechanisms.
- Promote global consensus on emerging challenges such as cyber warfare and climate governance.
UPSC Relevance:
- Prelims: UN Charter, Article 2(4), ICJ, High Seas Treaty.
- Mains: GS II – International Relations, Global Governance, Multilateralism and Rule-Based Order.