International Law and Global Justice

International law refers to the set of rules, norms, and standards that govern relations between states and other subjects of international law such as international organizations. It is a unique legal system that operates independently of national legal systems yet interacts with them in many ways. International law is essential for promoting order, peace and justice in the international community. However, achieving true global justice through international law remains an ongoing challenge due to disagreements over norms, limited enforcement mechanisms, and tensions between state sovereignty and international cooperation. This article provides an overview of the key concepts, principles and institutions of international law, its role in global governance, relationship with national law, and ability to promote global justice. It also discusses some of the contemporary challenges facing international law.

Sources of International Law

The primary sources of international law are international treaties or conventions, customary international law, and general principles of law. International treaties are binding agreements between states that establish rules to govern their relations. They can cover a wide range of issues such as human rights, disarmament, environment, trade, investment, transportation, and communication. Key examples include the Vienna Convention on Diplomatic Relations and the United Nations Convention on the Law of the Sea. Customary international law refers to international obligations arising from established practices of states that are accepted as law. General principles of law refer to fundamental legal principles common across major legal systems. Judicial decisions of international tribunals like the International Court of Justice (ICJ) and scholarly writings of experts also provide subsidiary means for determining rules of international law.[1]

Key Principles

Some of the fundamental principles of international law include pacta sunt servanda (agreements must be kept), good faith, non-intervention in domestic affairs, and peaceful settlement of disputes. The pacta sunt servanda principle requires states to honor their treaty commitments in good faith. States cannot unilaterally withdraw from treaties or violate obligations. The good faith principle requires states to exercise their rights and duties in good faith in international relations. The non-intervention principle prohibits states from interfering in the internal or external affairs of other states. States must respect each other’s political independence and territorial integrity. The peaceful settlement of disputes principle encourages states to settle disputes through peaceful means like negotiation, inquiry, mediation, conciliation, arbitration and judicial settlement.[2]

Subjects of International Law

The primary subjects of international law are sovereign states. States have rights, duties and responsibilities under international law. Other subjects include international organizations like the United Nations (UN) and the World Trade Organization (WTO), individuals, multinational corporations, liberation movements, indigenous groups, and terrorist groups (to a limited extent). International organizations can enter into treaties, establish international responsibilities, claim privileges and immunities, and influence international lawmaking. Individuals have limited international legal personality and can only make international claims through states. However, individuals are increasingly recognized as holding rights and duties under international human rights and international criminal law.[3]

Sources of International Law

There are four main sources of international law:

1. Treaties: Bindings agreements between states that establish legal rights and duties. Major examples include the Vienna Convention on Diplomatic Relations and UN Convention on the Law of the Sea.
2. Customary International Law: International obligations arising from long-standing state practice and opinio juris – a sense of legal obligation.
3. General Principles of Law: Fundamental legal principles common across major legal systems.
4. Judicial Decisions and Scholarly Writings: Help determine rules and application of international law. Decisions of the ICJ are particularly authoritative.[4]

Key Principles

• Pacta sunt servanda: Treaties must be observed in good faith
• Good Faith: States must exercise rights and duties in good faith
• Non-Intervention: Prohibits states from interfering in others’ internal/external affairs
• Peaceful Dispute Settlement: States should aim to settle disputes peacefully

Subjects

• States: Primary subjects with legal rights, duties and responsibilities
• International Organizations: Can enter into treaties, influence lawmaking
• Individuals: Increasing recognition under human rights and criminal law
• Multinational Corporations, Indigenous Groups: Limited international legal personality

The Role of International Law in Global Governance

International law plays an indispensable role in contemporary global governance along with international organizations. Global governance refers to the complex of formal and informal institutions, rules, norms, and processes that work together to provide order, stability and solve problems on a global scale.[5] International law facilitates global governance by providing the broader legal and normative framework within which international institutions can operate and cooperate.

For instance, the UN Charter is an international treaty that serves as the legal and political foundation of the UN system. Various UN agencies like the World Health Organization (WHO) depend on powers and responsibilities delegated to them through treaties. International organizations like the WTO administer specific issue areas through binding agreements and a dispute settlement system based on international trade law. International environmental treaties enable cooperation on issues like climate change and biodiversity protection. Human rights treaties establish global standards and monitoring mechanisms for rights protection. Arms control treaties impose mutual obligations to limit weapons proliferation. Overall, international law establishes shared norms and procedures that enable global governance across security, economic, environmental and social sectors.[6]

At the same time, tensions occasionally arise between state sovereignty and binding international rules and institutions. Some states resent limitations on their policy autonomy imposed by international regimes. Global governance through international law remains a continuous negotiation between state interests, rights and responsibilities. Enforcement also remains a challenge due to the decentralization of the international legal system. But on the whole, states comply with international law obligations most of the time since violations can jeopardize their interests and reputations.[7] Continued cooperation through international law remains essential for managing global challenges and promoting common goods in an interdependent world.

Relationship between International Law and Municipal Law

Municipal law refers to the domestic law of states whereas international law operates at the interstate level. The relationship between municipal and international law is complex since they exist in parallel and may intersect in multiple ways. In principle, states must comply with their obligations under both spheres of law. However, tensions can arise when international commitments require changes in domestic law that states resist due to sovereignty concerns or legislative constraints.

International law and municipal law interact through:

• Incorporation: States may expressly incorporate international treaty provisions into municipal legislation to enable direct application in domestic law. This strengthens compliance.
• Transformation: Dualist states require international treaty obligations to be ‘transformed’ into municipal legislation through domestic ratification procedures before direct application. This can create lags in compliance.
• Conflict Resolution Clauses: These provide guidance on how conflicts between international and municipal obligations should be resolved. They generally give priority to international law per the pacta sunt servanda principle but allow some discretion to states.
• Supremacy Clauses: Explicitly establish the primacy of international law over municipal law to maximize compliance, although municipal courts do not always defer.
• Comity: Municipal courts may voluntarily decide to give effect to rules of international law out of courtesy and mutual respect, absent formal supremacy.

Overall, managing the interplay between the national and international remains an ongoing challenge. But states have developed legal doctrines and mechanisms to harmonize commitments across the two spheres to support compliance and rule of law.[8]

Promoting Global Justice through International Law

The idea of global justice rests on the belief that all human beings have basic rights and deserve to live under just institutions. Promoting greater global justice is a core purpose of international law. Key ways in which international law seeks to advance global justice include:

• Codifying Human Rights: Major human rights treaties like the International Covenant on Civil and Political Rights establish universal standards for protecting human dignity and preventing abuses. These treaties enable monitoring and advocacy.
• International Criminal Law: Treaties like the Rome Statute of the International Criminal Court impose individual criminal liability for grave human rights violations like war crimes, genocide and crimes against humanity. This upholds accountability.
• Laws of War: The Geneva Conventions and international humanitarian law limit brutality in armed conflict and protect civilians and combatants from inhumane treatment. This promotes justice amid violence.
• Environmental Protection: Treaties like the Paris Agreement establish collective responsibilities to protect global environmental resources and public goods for current and future generations. This advances climate justice.
• Global Health Law: The WHO International Health Regulations help coordinate state action and cooperation to contain public health emergencies and prevent harms across borders. This upholds health justice.
• Development Aid: Institutions like World Bank and IMF aim to promote economic growth and poverty reduction in poor countries through development financing based on rule of law. This seeks to enable greater socioeconomic justice globally.

However, the capacity of international law to remedy global injustices remains constrained due to limited enforcement capabilities, resource disparities between states, governance gaps in some regions, and the non-participation of some states in certain regimes. But overall, international law provides an indispensable framework for progressively realizing ideals of justice globally.[9]

Contemporary Challenges Facing International Law

Some of the major contemporary challenges facing international law include:

• Ensuring Compliance: Securing state compliance with international obligations absent coercive enforcement remains difficult. Violations erode the international rule of law. Creative compliance mechanisms are needed.
• Adapting Institutions: Internationalization of new issue areas such as internet governance, AI and robotics requires adapting existing institutions or building new ones based on effective multilateralism.
• Balancing Sovereignty: Upholding state consent and sovereignty while promoting greater legalization in international relations remains an enduring challenge.
• Enhancing Equity: Calls persist for restructuring elements of international economic law and reforming institutions like the UN Security Council to reflect greater sovereign equality between states.
• Managing Fragmentation: Proliferation of rules and tribunals has led to overlaps and inconsistencies across regimes. Stronger coherence mechanisms are required.
• Advancing Human Security: Evolving the state-centric system to better protect individual rights and human security, not just national security, is an ongoing imperative.
• Building Solidarism: Overcoming self-interest and building greater cosmopolitan solidarity within the international community remains an ideal, if elusive.

Reforming and updating elements of international law while retaining the stability of the system as a whole will be critical for addressing contemporary challenges and strengthening the rule of law.[10]

Conclusion

International law provides the essential common framework of rules and institutions that underpin global order and cooperation on issues of security, justice, development, environment and health. It facilitates global governance and mediates power relations among states. However, international law has inherent limitations and its capacity to achieve global justice depends significantly on state consent and compliance. Contemporary international law remains a work in progress towards building a rules-based global community. But strengthening international rule of law through continued multilateral engagement provides hope for incrementally improving prospects for peace and justice globally.

References

[1] Shaw, Malcolm N. International law. Cambridge University Press, 2008.

[2] Arend, Anthony Clark, and Robert J. Beck. International law and the use of force: beyond the UN charter paradigm. Routledge, 2014.

[3] Cassese, Antonio. International law. Oxford University Press, 2005.

[4] Dixon, Martin. Textbook on international law. Oxford University Press, 2013.

[5] Weiss, Thomas G., and Ramesh Thakur. Global governance and the UN: an unfinished journey. Indiana University Press, 2010.

[6] Fassbender, Bardo. The United Nations charter as constitution of the international community. Brill Nijhoff, 2009.

[7] Chayes, Abram, and Antonia Handler Chayes. The new sovereignty: compliance with international regulatory agreements. Harvard University Press, 1998.

[8] Sloss, David. Domestic application of treaties. Santa Clara J. Int’l L. 11 (2013): 201.

[9] Buchanan, Allen. Justice, legitimacy, and self-determination: Moral foundations for international law. Oxford University Press, 2007.

[10] Dunoff, Jeffrey L., and Mark A. Pollack, eds. Interdisciplinary perspectives on international law and international relations: the state of the art. Cambridge University Press, 2013.