Erosion of International Law and Its Consequences
Voltaire's critique of the Holy Roman Empire's nature is used as an analogy for the current state of public international law, which often fails to be truly public, international, or law-like due to its dependence on state consent and enforcement challenges.
Historical Context and Current Challenges
- Over a century, norms, treaties, and institutions like the Hague Conventions, Geneva Conventions, and UNCLOS have been created to maintain a rules-based global order.
- Recent violations, such as Russia's invasion of Ukraine in 2022 and the U.S.-Israeli war on Iran in 2026, exemplify breaches of the UN Charter's prohibition on the use of force.
- Other examples include the U.S.'s 2003 Iraq invasion and targeted actions against Iran, raising questions about the erosion of norms against unilateral force.
- Smaller countries like Türkiye and Azerbaijan have also breached international norms with military actions.
Violations Beyond Military Conflicts
- The UNCLOS treaty has seen violations, especially in the South China Sea, where China's "nine-dash line" claim contradicts international rulings.
- In the Strait of Hormuz, both Iran and the U.S. have conducted maritime blockades without clear legal justifications.
- International humanitarian law violations are prevalent in Syria, Yemen, Ethiopia, and by non-state actors like ISIS.
- Human rights treaties are frequently flouted; for example, China's treatment of Uyghurs, Myanmar's actions against Rohingya, and democratic states' controversial policies.
Impact on Arms-Control and Environmental Law
- Arms-control measures are weakening, with the collapse of treaties like the INF and challenges to the JCPOA affecting nuclear non-proliferation efforts.
- Environmental agreements like the Paris Agreement are failing to meet targets, and activities like illegal deforestation and unregulated deep-sea mining threaten ecosystems.
Impunity and the Role of Power
- International law's reliance on state consent and collective enforcement is compromised by geopolitical rivalries and weak institutional mechanisms.
- The lack of consequences for powerful states violating international law leads to a perception that norms are optional and reinforces a "might is right" philosophy.
Call to Action
Reaffirming international law's value requires strengthening multilateral institutions, enhancing accountability, and fostering a culture of restraint. International law provides a framework for shared expectations, and without it, the world risks chaos where power dominates. This concern is not just philosophical; it has real-world repercussions for global stability and security.
Shashi Tharoor, a Member of Parliament and author, underscores the importance of international law as humanity's defense against global disorder, urging reforms to prevent further erosion.
