The Relevance of International Law Amidst Global Tensions
The ongoing tensions between the United States and Iran, and similar global conflicts, have sparked debates about the relevance of international law. Despite many suggesting a norm-free world, this viewpoint is considered intellectually lazy and misleading.
Historical Breaches and Persistence of International Norms
- Article 2(4) of the United Nations Charter, which prohibits the threat or use of force, has been breached multiple times throughout history.
- Examples of breaches include:
- Soviet-Afghan War (1979-89)
- Falklands War (1982)
- Gulf War (1990-91)
- Conflicts in Bosnia, Kosovo, Afghanistan (2001), Iraq (2003), Syria, and Libya in the 2010s
- Despite breaches, these norms persist as frameworks for accountability.
The Role of International Law in Accountability
- International law compels those in power to justify their actions within its framework.
- It provides a semblance of agency to the powerless to question authority.
Contemporary Challenges and Opportunities
- Today's breaches differ as states make scarce attempts to justify actions according to international law.
- The rising populist-authoritarianism poses a significant threat.
The Broader Scope of International Law
- International law is diverse, covering areas like:
- International trade and foreign investment
- Civil aviation and maritime resources
- Human rights and climate change
- Chemical and biological weapons
- Recent treaties, such as the High Seas Treaty and a Pandemic Agreement, indicate continuous international law-making.
Judicialisation of International Relations
- Numerous international courts, both global and regional, resolve disputes, demonstrating the judicialisation of international relations.
Conclusion
Despite media focus on breaches, international law silently facilitates global interactions, positively influencing lives. The call is to preserve the liberal international law order against global authoritarianism.
