UPSC MainsGeneral Studies Paper IInternational RelationsPractice question

Relevance of International Law Amid Global Challenges

Despite several odds, the international laws are still relevant and required for the world. Critically discuss.

Critically discuss~250 words2 min readmedium
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How to approach

Begin by acknowledging the current crises challenging international law. Then, examine the structural 'odds' such as lack of enforcement and veto politics. Next, analyze why international law remains indispensable for accountability, humanitarian protection, and managing the global commons. Conclude with pathways to reform multilateral institutions.

Model answer

311 words

Introduction

Despite major geopolitical crises exposing its fragility, international law remains the indispensable normative baseline of the global order. While power politics and compliance deficits constantly challenge its authority, it serves as the essential institutional bulwark against unrestrained anarchy among sovereign states.

The 'Odds': Structural Challenges to International Law

  • Enforcement Deficit: Lacking a standing global executive or universal enforcement mechanism, adherence to international legal norms relies primarily on state consent and reciprocity, frequently resulting in unpunished breaches by powerful actors.
  • Paralysis via Veto Abuse: The permanent five (P5) members of the United Nations Security Council (UNSC) frequently exploit their veto power to protect strategic interests, stalling collective action during severe humanitarian emergencies and cross-border aggressions.
  • Rising Unilateralism: Major powers increasingly bypass established multilateral institutions and bilateral treaty mechanisms, eroding the foundational UN Charter principle of sovereign equality.

Continued Relevance and Necessity

  • Legal Accountability Framework: International law equips the world with a universally accepted normative vocabulary to counter impunity. Proceedings before the International Court of Justice (ICJ), including provisional measures in inter-state disputes, subject sovereign actions to legal scrutiny.
  • Governance of the Global Commons: Critical treaties such as the United Nations Convention on the Law of the Sea (UNCLOS) for maritime passage and resources, alongside the Paris Agreement for climate change, establish collective rules essential for planetary stability.
  • Humanitarian and Wartime Baselines: Instruments like the Geneva Conventions establish non-negotiable minimum thresholds for civilian protection, treatment of prisoners, and limits on means of warfare.
  • Predictability in Transnational Transactions: International commercial law, civil aviation treaties, and postal agreements run silently in the background, making global trade, communication, and transportation functional.

Conclusion

Abandoning international law would reduce global affairs to a doctrine of 'might makes right'. Reinvigorating its efficacy requires urgent multilateral structural reforms—such as voluntary restraint on the UNSC veto during mass atrocities—and updating regulatory frameworks to address emerging domains like autonomous weaponry and cyber warfare.

Key facts to remember

case study
South Africa v. Israel (2024)

South Africa instituted proceedings at the International Court of Justice alleging violations of the 1948 Genocide Convention, illustrating how states utilize international legal forums to demand judicial scrutiny and provisional measures during armed conflicts.

definition
Sovereign Equality

A cornerstone principle under Article 2(1) of the UN Charter, holding that all member states possess identical legal standing within the international legal order, irrespective of physical size, economic wealth, or military power.

scheme
Geneva Conventions (1949)

A set of four international treaties that form the core of international humanitarian law, establishing legal protections for non-combatants, wounded soldiers, and prisoners of war during armed conflicts.

Frequently asked questions

Why is international law difficult to enforce compared to domestic law?

International law operates in an anarchic global structure without a single supranational government or standing police force. Compliance depends predominantly on state consent, treaty obligations, diplomatic pressure, and collective action through bodies like the UNSC, which is prone to political deadlocks.