Think international law is pointless? Here's why we need it more than ever |
Here's a controversial opinion: international law is neither weak nor irrelevant. In fact, it's more important than ever.
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This might sound weird given recent events.
Trump's invasion of Venezuela, the abduction of its President, and the plan to trial him in New York represent at least several breaches of international law, according to legal experts.
Trump's tariffs are almost certainly a violation of international trade law, as were China's tariffs against Australia and others.
Russia's invasion of Ukraine is widely regarded as a violation of the UN Charter, which prohibits the use of force except under certain circumstances (think: self-defence or actions endorsed by the UN Security Council - none of which apply in this situation).
Myanmar's violence against civilians and so many of the countless atrocities we've seen in the Middle East in recent years are all violations of international law on human rights.
What have been the consequences?
Barely any.
Countries have often looked the other way. Arrest warrants issued by the International Criminal Court have been ignored. Resolutions from international bodies like the UN General Assembly have gone unnoticed.
Given all this, how can it be argued that international law is anything other than weak and ineffective?
This is indeed the view held by most people. But it's wrong.
It's wrong because it fundamentally misunderstands the nature of international law and how it works.
The main problem is that people compare international law to domestic laws. This is a false comparison.
You can think of domestic laws as being "vertical": there's a sovereign at the top (i.e. the government) which creates and enforces laws on its subjects (i.e.........