Paper: GS-II, Subject: International Relations, Topic: International institutions, agencies and fora, Issue: International Law under Pressure: Relevant despite Repeated Violations
Context:
Recent conflicts in Ukraine, Gaza and West Asia, attacks on civilians and institutional deadlock have raised doubts about the effectiveness of international law. However, violations do not necessarily make law irrelevant; they reveal the gap between accepted legal standards and their enforcement.
Explanation
Why International Law Appears Weak
- Wars, civilian suffering and non-compliance expose the absence of a global police force capable of uniformly enforcing legal rules.
- The UN Security Council veto, selective application of rules and unequal power among States weaken institutional credibility.
- International courts frequently depend upon State consent for jurisdiction and cooperation for implementing decisions.
Why It Remains Relevant
- Even States accused of violations generally justify their conduct using concepts such as self-defence, sovereignty and territorial integrity. This continued reliance demonstrates the authority of legal language.
- Compliance is encouraged by reciprocity, reputation, economic interdependence, domestic law and fear of diplomatic or commercial consequences.
- International aviation, shipping, trade, telecommunications, diplomatic relations, refugee protection and cross-border travel function daily through accepted legal rules.
- Treaties provide predictable expectations, mechanisms for negotiation and peaceful dispute settlement, even between adversarial States.
Continuing Development
- The BBNJ or High Seas Treaty, which entered into force on January 17, 2026, demonstrates cooperation for protecting biodiversity beyond national jurisdiction.
- The UN Convention against Cybercrime illustrates attempts to create common rules for emerging transnational threats.
- International law is evolving to address climate change, pandemics, cyberattacks, sea-level rise and artificial intelligence.
Significance for India and the Global South
- India requires predictable rules for maritime security, trade, energy supplies, technology flows and protection of its overseas citizens.
- International institutions provide developing countries platforms to negotiate, form coalitions and restrain domination by stronger powers.
- India should support multilateral reform, equitable representation, consistent compliance and peaceful dispute resolution while safeguarding strategic autonomy.
Conclusion
International law has never guaranteed perfect compliance, but it remains essential for regulating conduct, facilitating cooperation and judging violations. Its present crisis calls for institutional reform and consistent enforcement, not abandonment of the legal order.
Source: (The Hindu)
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