Developing

International Law in
Challenging Times
It is an undisputed fact that the world is currently confronted with numerous
challenges in different areas ranging from terrorism crises, justice, the massive
outflows of refugees, the need to protect the ecology, Brexit, as well as
economic and political challenges.

Though some scholars have argued that states do not have any moral obligations
to obey or comply with international law, it is the view of the authors that
international law, nevertheless has a greater responsibility in developing
effective and efficient measures in dealing with all these challenges.
It is therefore incumbent on scholars, professionals, and students of
international law to critically examine the current global challenges of both
public and private international law so as to come out with possible solutions to
develop international laws capable of effectively dealing with these challenges
as and when they arise.
International law over the years has provided the platform and framework for
dealing with global challenges with regards to international relations. It does
this through various means, among which includes the offering of legal
solutions to problems all over the world through the development of substantive
areas of law as well as the provision of court systems to adjudicate and settle
disputes and misunderstandings that arise when States, non-governmental
organizations (NGOs), and individuals relate among themselves.
International law however is constantly faced with new challenges due to the
rapidly changing circumstances, occurring in various parts of the world on daily
basis and goes a long way to test the adaptability, dynamism and robustness of
international law. This has necessitated the need for academics, scholars and
practitioners of international law to think of innovative ways by which
international law could be framed or reshaped to deal with all these challenges
in a much effective manner.
International law however is constantly faced with new challenges due to the
rapidly changing circumstances, occurring in various parts of the world on daily
basis and goes a long way to test the adaptability, dynamism and robustness of
international law. This has necessitated the need for academics, scholars and
practitioners of international law to think of innovative ways by which
international law could be framed or reshaped to deal with all these challenges
in a much effective manner.
Challenges to the Effectiveness of International Law in
Challenging Times

Studies have shown that there has always been a connection between
international trade and investment law, as well as sovereign debt, the conduct of
multinational corporations, human rights, and climate change, and that these
issues have not been effectively addressed by the existing international law
instruments.
Challenges to the Effectiveness of International Law in
Challenging Times

It has been argued that the existing international instruments and mechanisms
actually “tend to impede action to address the most pressing issues of the day”
and that although the incremental improvements of the existing legal
instruments are useful, the current “grave human rights violations” calls for
“serious remedies” and “not merely soft-law voluntary codes and mediation”
Politics and Power Struggle in the International System

The interplay of politics in the international arena as well as the quest for power by
States in the international system is an undisputed phenomenon that cannot be ruled
out if one is making an analysis of factors that hinder the effectiveness of international
law in recent times.

In other words, the differences in ideology between states, especially, between the West
and the East/North and South, have permeated the practice and application of
international law in recent times and as such it makes it difficult to reach a consensus
between the five permanent members of the United Nations Security Council (UNSC)
to respond to situations of emergency that will help implement international law,
especially international humanitarian and human rights laws.
Politics and Power Struggle in the International System

Closely related to this problem of North and South divide is the power of veto that is
accorded to the five permanent members of the UNSC. Although the power of veto
given to the five permanent members of the Council has its advantage, the ideological
difference between the Global developed North Countries (the USA, France, and UK)
and that of the Global developing South Countries (China and Russia) serves as an
obstacle for the effective performance of the UN Security Council.

Due to the fact that a veto from one permanent member implies that a resolution
cannot be adopted, matters of urgency are delayed in most cases before a consensus
will be reached among the five permanent members at which time lots of lives and
properties may have been lost already.
Double Standards and Unilateral Decisions

Another challenge to the effectiveness of international law could be attributed to the

seemingly double standards that international law engenders. Thus, whereas rich and
powerful States occasionally breach one international law or the other without being
held accountable for their actions, the presumably weak and poor States on the other
hand are made to face the consequences of their actions in the event that they go
contrary to established international laws and norms.

 creates a situation where weak and poor countries tend to believe that international
law does not exist to serve their common good and that international law is a tool
developed by the West or powerful countries to serve their own agenda and interest
and probably use it to exploit the weak and poor countries.
Double Standards and Unilateral Decisions

Another challenge to the effectiveness of international law could be attributed to the

seemingly double standards that international law engenders. Thus, whereas rich and
powerful States occasionally breach one international law or the other without being
held accountable for their actions, the presumably weak and poor States on the other
hand are made to face the consequences of their actions in the event that they go
contrary to established international laws and norms.

 creates a situation where weak and poor countries tend to believe that international
law does not exist to serve their common good and that international law is a tool
developed by the West or powerful countries to serve their own agenda and interest
and probably use it to exploit the weak and poor countries.