IRGS2

International Law Remains Relevant Despite Ongoing Conflicts and Institutional Failures

The Hindu·2026-08-11· Read original

"International Law Remains Relevant Despite Ongoing Conflicts and Institutional Failures"

Prelims Facts

  • •The UN Charter was adopted in 1945 and remains the foundational treaty of the contemporary international legal order.
  • •The International Law Commission (ILC) was established in 1947 to codify and progressively develop international law.
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Key Terms

Compliance Pull

the normative force that draws states toward observing international law even without coercive enforcement mechanisms.

Rules-Based International Order

the system of multilateral norms, treaties, and institutions governing state conduct since 1945.

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Study Note

BackgroundCore Concept

Background

International law is the body of rules, norms, and standards that govern relations between sovereign states and other international actors. Its modern foundations rest on the UN Charter (1945), which codified principles of sovereign equality, non-interference, prohibition on the use of force, and peaceful dispute resolution. The Charter was itself built on centuries of treaty-making and customary international law, from the Peace of Westphalia to the League of Nations. The post-World War II order institutionalised international law through a network of bodies — the International Court of Justice (ICJ) for inter-state disputes, the International Criminal Court (ICC) for individual criminal accountability, and specialised agencies governing aviation, maritime trade, communications, and health.

The legitimacy of international law has always been contested. Unlike domestic legal systems, it lacks a centralised enforcement authority. Compliance depends on a combination of reciprocity, reputational costs, treaty obligations, and the normative pull of legal rules themselves. Scholars Abram Chayes and Antonia Handler Chayes influentially argued that states comply with international law primarily because of the managerial dynamics within treaty regimes — not because of coercive sanctions. This insight remains foundational: compliance is the norm, violation the exception, even if violations dominate public discourse.

The Topic Explained

The article's central argument is that international law's relevance cannot be measured solely by instances of violation. Three conceptual pillars support this claim. First, states that violate international law still invoke it — they cite the UN Charter, self-defence provisions, sovereignty, and international humanitarian law (IHL) to justify their conduct. This rhetorical deference itself demonstrates that the normative framework retains authority; a truly dead legal system would not be worth invoking.

Second, international law operates quietly and pervasively in domains that rarely make headlines. International aviation regulations (under the International Civil Aviation Organization, ICAO), maritime law (under UNCLOS), diplomatic immunity, passport recognition, consular assistance, refugee protection, and the entire architecture of international trade and communications — all function because states routinely honour thousands of legal obligations. …

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Related PYQs

2022GS1 Prelims

With reference to the United Nations General Assembly, consider the following statements:

1.The UN General Assembly can grant observer status to the non-member States.

2.Inter-governmental organisations can seek observer status in the UN General Assembly.

3.Permanent Observers in the UN General Assembly can maintain missions at the UN headquarters.

Which of the statements given above are correct?

A1 and 2 only
B2 and 3 only
C1 and 3 only
D1, 2 and 3
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2020GS1 Prelims

Other than the Fundamental Rights, which of the following parts of the Constitution of India reflect/reflects the principles and provisions of the Universal Declaration of Human Rights (1948)?

1.Preamble

2.Directive Principles of State Policy

3.Fundamental Duties

Select the correct answer using the code given below:

A1 and 2 only
B2 only
C1 and 3 only
D1, 2 and 3
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2018GS1 Prelims

Which one of the following reflects the most appropriate relationship between law and liberty ?

AIf there are more laws, there is less liberty.
BIf there are no laws, there is no liberty.
CIf there is liberty, laws have to be made by the people.
DIf laws are changed too often, liberty is in danger.
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Practice MCQs

Politymedium

With reference to the compliance with international law, consider the following statements:

1.Scholars Abram Chayes and Antonia Handler Chayes argued that states comply with international law primarily because of the threat of coercive sanctions.

2.The significance of international law lies not only in instances of compliance but also in providing a framework through which state conduct is assessed.

3.States that violate international law typically argue that the law itself is irrelevant.

Which of the statements given above is/are correct?

A1 and 2 only
B2 only
C1 and 3 only
D1, 2 and 3
Sign up to check your answer & see the explanation
Polityeasy

Which of the following best illustrates the principle that international law continues to function effectively even during periods of political discord between states?

AThe UN Security Council's veto power blocking enforcement resolutions
BThe Indus Waters Treaty sustaining water-sharing arrangements between India and Pakistan
CThe International Criminal Court's jurisdiction over non-member states
DThe UN General Assembly's power to impose binding sanctions on member states
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Politymedium

Consider the following international instruments and the domains they govern:

1.ICAO regulations — International aviation

2.UNCLOS — Maritime zones and navigation

3.BBNJ Agreement — Marine biodiversity beyond national jurisdiction

4.UN Convention against Cybercrime — Cyber-related offences

Which of the pairs given above are correctly matched?

A1, 2 and 3 only
B2, 3 and 4 only
C1 and 4 only
D1, 2, 3 and 4
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Politymedium

Assertion (A): Even states accused of violating international law rarely argue that the law itself is meaningless.

Reason (R): States invoke the UN Charter, sovereignty, and international humanitarian law to justify their conduct, demonstrating the continued normative authority of the international legal framework.

Which one of the following is correct?

ABoth A and R are true, and R is the correct explanation of A
BBoth A and R are true, but R is not the correct explanation of A
CA is true, but R is false
DA is false, but R is true
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Polityhard

With reference to the United Nations Security Council, which of the following statements is/are correct?

1.All five permanent members hold veto power over substantive resolutions.

2.The Security Council can refer situations to the International Criminal Court even involving non-member states of the Rome Statute.

3.The Security Council can impose legally binding obligations on all UN member states.

Select the correct answer using the code given below:

A1 only
B1 and 2 only
C2 and 3 only
D1, 2 and 3
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