Erosion of International Law and Rule Based Architecture by Powerful States | Current Affairs | Vision IAS

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In Summary

  • Modern international law is often disregarded by superpowers, serving their interests rather than being consistently enforced.
  • Key violations include the UN Charter, UNCLOS, human rights law, arms control, and environmental commitments, weakened by institutions like the UNSC and ICC.
  • The way forward involves strengthening multilateral institutions, revitalizing arms control, ensuring compliance with norms, and fostering rule-based conduct through diplomacy.

In Summary

Modern international law is neither truly public, reliably international, nor consistently enforceable; it largely serves the convenience of superpowers, who follow rules only when they align with their strategic interests.

Erosion of International Law in Recent Years

  • Violation of the UN Charter's Prohibition on the Use of Force: E.g. Russia’s invasion of Ukraine (2022), U.S.-Israeli war on Iran (2026).
  • Disregard for UNCLOS: E.g. China’s refusal to accept the Permanent Court of Arbitration ruling on the South China Sea; maritime blockade of Strait of Hormuz by US and Iran.
  • Violations of International Humanitarian and Human Rights Law: E.g. Indiscriminate civilian casualties in Gaza and China’s treatment of Uyghurs in Xinjiang.
  • Weakening of Arms-Control Regimes:  E.g. the termination of the Intermediate-Range Nuclear Forces Treaty between the US and Russia, acceleration of Iran's nuclear program, etc.
  • Failure to Enforce Environmental Commitments: E.g. Illegal deforestation in the Amazon despite global climate commitments.
  • Weak Institutions: E.g. UN Security Council deadlocks and the International Criminal Court's inability to prosecute major powers.

Way Forward

  • Strengthen Multilateral Institutions: Make them more representative, effective, accountable and capable of enforcing norms, including stronger judicial and monitoring bodies.
  • Revitalize Arms Control: Update key agreements and promote compliance.
  • Ensure Compliance with Global Norms: Strengthen monitoring, financing, and enforcement for environmental obligations, human rights, and humanitarian law.
  • Foster Rule-Based Conduct: Encourage diplomacy, restraint, and peaceful dispute resolution.

What is International Law?

International law serves as the foundation of the rules-based international order, regulating relations among states, protecting human rights, preserving global commons, and promoting peace and security.

  • Foundational Frameworks and Treaties: UN Charter (1945), Vienna Convention on the Law of Treaties (1969), etc.
  • Human Rights and Humanitarian Law: Geneva Conventions (1949), Universal Declaration of Human Rights (UDHR), 1948, etc.
  • Environmental Law: Montreal Protocol (1987), Paris Agreement (2016), etc.
  • Global Commons (Sea & Space): UNCLOS (1982), Outer Space Treaty (1967), etc.
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