Crisis of International Law: Challenges to Global Governance and Rules-Based Order

Drawing inspiration from the philosopher Voltaire, the article argues that modern international law is increasingly ineffective because powerful countries often follow rules selectively.

Why is International Law Losing Relevance?

• Lack of Enforcement: Unlike domestic laws, which are enforced through police, courts, and administrative agencies, international law lacks a central enforcement authority, making compliance largely dependent on the willingness of states.

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Examples of Violations of International Law

• Russia–Ukraine War: Russia’s use of military force against Ukraine is widely viewed as a violation of the UN Charter’s principle prohibiting aggression and the use of force against sovereign states.
• South China Sea Dispute: China rejected the 2016 ruling of the Permanent Court of Arbitration, which invalidated its Nine-Dash Line claims in the South China Sea.
• Internal Human Rights Violations: Alleged chemical weapon use in Syria, the Rohingya crisis in Myanmar, and human rights concerns in Xinjiang highlight the limited ability of international institutions to prevent or punish serious violations
• Weakening of International Treaties: Several important arms-control and confidence-building agreements have weakened or collapsed, including:
  • Intermediate-Range Nuclear Forces Treaty
  • Open Skies Treaty
  • New START
• This trend reflects the growing erosion of trust and cooperation among major powers.

Reasons for the Crisis of International Law

• UNSC Veto Power: The five permanent members of the United Nations Security Council can use their veto power to block resolutions, often preventing action against themselves or their allies.
• Weakness of the ICC: The International Criminal Court faces limitations because several major powers are not parties to the court, reducing its jurisdiction and effectiveness
• Voluntary Compliance: International law largely relies on state consent and voluntary compliance, leading many countries to follow rules only when doing so aligns with their national interests.

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Key Terms for UPSC Mains

• Rules-Based International Order: A global system where states conduct their affairs according to agreed international laws, norms, and institutions rather than raw power.
• Impunity: A situation in which states or leaders avoid accountability or punishment for violating international law.
• Accountability Deficit: The absence of effective mechanisms to hold states responsible for breaches of international obligations.
• Erosion of Norms: The gradual weakening of accepted international rules, standards, and legal principles.
• Multilateralism: Cooperation among multiple countries through international institutions to address common challenges.

Suggested Reforms

• Strengthen Multilateral Institutions: Enhance the effectiveness and legitimacy of institutions such as the United Nations and the International Criminal Court.
• Improve Accountability Mechanisms: Develop stronger legal and institutional tools to investigate and penalise violations of international law.
• Enhance Monitoring and Transparency: Increase international monitoring, reporting, and verification mechanisms to ensure compliance.
• Reform Global Governance Institutions: Reform bodies such as the United Nations Security Council to make them more representative and effective.
• Promote Diplomatic Restraint: Encourage states to resolve disputes through dialogue, negotiation, and peaceful settlement mechanisms rather than coercion or force.

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Conclusion

The growing disregard for international law reflects an emerging gap between global norms and geopolitical realities. Preserving a rules-based international order requires stronger institutions, greater accountability, and renewed commitment to multilateralism and peaceful dispute resolution.

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