While some may question whether international law is dead, the reality is more nuanced. International law continues to evolve, despite facing significant challenges. Global issues such as climate change, human rights abuses, armed conflicts, and economic inequalities reveal both the strengths and limitations of current legal frameworks. The growing tension between state sovereignty and international obligations, especially in a world of shifting power dynamics, often raises doubts about the effectiveness of international law in enforcing accountability and maintaining order. However, international law remains a vital tool for diplomacy, peacekeeping, and establishing norms for global cooperation. Its institutions, such as the United Nations and the International Criminal Court, continue to play important roles, even if they sometimes fall short of their intended goals. The increasing emphasis on human rights, the protection of the environment, and transnational justice systems signals that international law is not stagnant, but adapting to contemporary challenges. Rather than being "dead," international law is in a phase of transformation. Its relevance depends on how it is reformed to better reflect the realities of global interconnectedness and power imbalances. For international law to thrive, it must evolve beyond outdated norms, strengthen enforcement mechanisms, and ensure that it is inclusive and responsive to the needs of all nations, particularly those most vulnerable to global injustices.
International law practitioner here: international law is only as alive as the parties to it abide by their obligations. Despite international law's impact in the past, since 2022-23, we saw an never-before-seen assaults on the UN Charter, IHL and human rights law, precisely because more and more leaders do not want peace, but actively foment war, hatred and disunity for their own gain - and many people support them all the more for it. The question is whether we let international law die entirely with false reassurances, complacency and double standards as we descend into a kind of global civil war, or whether we can find the resolve to unite and turn things around. The responsibility is on us and our governments. I have to say, the odds look grimmer with every passing day, over time I've been putting my trust in God and the human capacity for justice more than in international law and institutions.
While some may question whether international law is dead, the reality is more nuanced. International law continues to evolve, despite facing significant challenges. Global issues such as climate change, human rights abuses, armed conflicts, and economic inequalities reveal both the strengths and limitations of current legal frameworks. The growing tension between state sovereignty and international obligations, especially in a world of shifting power dynamics, often raises doubts about the effectiveness of international law in enforcing accountability and maintaining order.
However, international law remains a vital tool for diplomacy, peacekeeping, and establishing norms for global cooperation. Its institutions, such as the United Nations and the International Criminal Court, continue to play important roles, even if they sometimes fall short of their intended goals. The increasing emphasis on human rights, the protection of the environment, and transnational justice systems signals that international law is not stagnant, but adapting to contemporary challenges.
Rather than being "dead," international law is in a phase of transformation. Its relevance depends on how it is reformed to better reflect the realities of global interconnectedness and power imbalances. For international law to thrive, it must evolve beyond outdated norms, strengthen enforcement mechanisms, and ensure that it is inclusive and responsive to the needs of all nations, particularly those most vulnerable to global injustices.
It’s my belief that Andrew Clapham contributed greatly to this episode. 👍
International law practitioner here: international law is only as alive as the parties to it abide by their obligations.
Despite international law's impact in the past, since 2022-23, we saw an never-before-seen assaults on the UN Charter, IHL and human rights law, precisely because more and more leaders do not want peace, but actively foment war, hatred and disunity for their own gain - and many people support them all the more for it.
The question is whether we let international law die entirely with false reassurances, complacency and double standards as we descend into a kind of global civil war, or whether we can find the resolve to unite and turn things around. The responsibility is on us and our governments. I have to say, the odds look grimmer with every passing day, over time I've been putting my trust in God and the human capacity for justice more than in international law and institutions.