The Crisis in International Law.

NEWS HIGHLIGHT 

Theme :  Bilateral, regional and global grouping and agreements involving India or affecting India’s interests, Important international institutions etc
Paper:GS-2

Hilary Charlesworth(judge at the International Court of Justice): described international law as “a discipline of crisis”.Securitisation, populism, and protectionism threaten on the core universal values enshrined in international law.

TABLE OF CONTENT

1. Context
2. UN Charter
3. Challenges with the Charter
4. Situation of the World Post World War-2
5. Threats due to Multipolar World
6. How does the World Powers perceive the International Law
7. Challenges in International Economic Law
8. Road Ahead

Context : Hilary Charlesworth(judge at the International Court of Justice): described international law as “a discipline of crisis”.Securitisation, populism, and protectionism threaten on the core universal values enshrined in international law.

UN Charter : 

• The Charter of the United Nations is the founding document of the United Nations.
• It was signed on 26 June 1945, and came into force on 24 October 1945.
• The UN Charter is an instrument of international law, and UN Member States are bound by it.
• The UN Charter codifies the major principles of international relations, from sovereign equality of States to the prohibition of the use of force in international relations.

Challenges with the Charter : 

• The U.N. Charter has succeeded in ensuring that the world does not fight another world war, it has failed in stopping inter-state wars.Example : Russia’s invasion of Ukraine.

Situation of the World Post World War-2 : 

• Bipolar world with great power competition between a ‘capitalist’ America and a ‘communist’ Soviet Union.
• The end of the Cold War led to the disintegration of the Soviet Union and the collapse of communism.
• Relative harmony: This ‘unipolar’ moment gave a leg-up to multilateralism and led to “relative harmony” among the major powers.

Threats due to Multipolar World : 

• Securitisation of international law.
• The major powers are at each other’s throats.
• Dwindling of the ‘liberal’ and ‘capitalist’ West
• Rise of an ‘autocratic’ China and ‘expansionist’ Russia.

How does the World Powers perceive the International Law : 

• China views law as an instrument in the service of the state.
• Rule of law theory in liberal democracies: law’s function is to constrain unbridled state power.
• Chinese and Russian versions: believe in gaming international law for national interests.
• Under the Chinese and Russian versions, the territorial integrity of nations and the sovereignty of states doesn’t quite matter.
• The Russian approach towards international law believes that the basis of international law is not universal but cultural and civilisational distinctness.
• The Russian vision of international law, in complete violation of the UN Charter

Challenges in International Economic Law : 

• Protectionism: Concomitant spread of economic protectionism.
• The rise of China and its desperation to ensure its continued hegemony.
• Washington is fast backtracking on the neoliberal consensus of interdependence and non-discrimination in international economic law
• Adoption of the Inflation Reduction Act in the U.S: It aims to transition to clean energy by providing massive industrial subsidies to domestic American companies.
• The U.S. rejected the World Trade Organization (WTO) panel reports that held the U.S.’s protectionist industrial policies as national security objectives illegal.
• The U.S. has strangled the WTO’s effective dispute settlement mechanism by blocking the appointment of the Appellate Body members.

Road Ahead : 

• International law in 2023: It will continue to face challenges from populist and ethno-nationalist regimes in several countries such as Hungary, Turkey, Poland, and Israel.
• S. Chimni: A crisis in international law will exist if the phenomenon of imperialism is not addressed.
• James Crawford: crises occur in international law because of “the absence of any constitutional order, other than constitutional order of States”.

FAQs : 

1. What are the threats due to the Multipolar World?

ANS. 

• Securitisation of international law.
• The major powers are at each other’s throats.
• Dwindling of the ‘liberal’ and ‘capitalist’ West
• Rise of an ‘autocratic’ China and ‘expansionist’ Russia.

2. Briefly discuss the UN Charter.

ANS. 

• The Charter of the United Nations is the founding document of the United Nations.
• It was signed on 26 June 1945, and came into force on 24 October 1945.
• The UN Charter is an instrument of international law, and UN Member States are bound by it.
• The UN Charter codifies the major principles of international relations, from sovereign equality of States to the prohibition of the use of force in international relations.