Authored By: Ayushman Bhatt
IMS UNISON UNIVERSITY, Dehradun
International law is often introduced as a system of rules governing relations between states, but this definition only captures part of its purpose. More fundamentally, international law represents an attempt to place limits on power in a world without a central authority. Through treaties, customary norms, and international institutions such as the United Nations and the International Court of Justice, states have sought to create a framework that promotes stability, cooperation, and restraint. Since the end of the Second World War, this framework has shaped expectations about sovereignty, the use of force, and the protection of human rights, even in the absence of a global government.
Despite these ambitions, international law has always been fragile. Its effectiveness depends not on enforcement through force, but on consent, political will, and the belief that rules serve shared interests. When that belief weakens—especially among powerful states—the authority of international law is placed under strain. This fragility became particularly visible during the presidency of Donald Trump, when international legal obligations were increasingly portrayed as obstacles to national interests rather than as binding commitments.
Trump frequently questioned the relevance of international law to U.S. foreign policy. In public statements and interviews, he suggested that formal legal rules were unnecessary because his personal moral judgment was sufficient to guide decision-making. While such remarks may have been intended to project confidence, they reflected a deeper misunderstanding of the role of law in international affairs. International law does not exist because leaders lack moral instincts; it exists because personal morality is inconsistent, power is unevenly distributed, and restraint must be institutional rather than individual.
This attitude toward legal constraints was reflected in a series of foreign policy choices that challenged established international norms. One of the clearest examples concerns the prohibition on the threat or use of force, which lies at the heart of the United Nations Charter. Adopted in response to the devastation of global war, this rule was designed to make military force the exception rather than the norm. Yet during Trump’s presidency, senior U.S. officials repeatedly raised the possibility of military action against states such as Venezuela and Iran without clearly grounding such threats in self-defence or Security Council authorization.
Even when military force was not ultimately used, the repeated articulation of such threats had important legal and political consequences. International law does not only regulate acts of violence after they occur; it also seeks to prevent coercion by discouraging threats that undermine political independence. Public discussions of regime change in Venezuela, including suggestions that the United States might exert control over the country’s political future or natural resources, sat uneasily with principles of sovereignty and non-intervention. These statements conveyed the impression that legal limits were flexible and could be set aside when politically inconvenient.
At the same time, the Trump administration embraced an expansive view of executive power in foreign affairs. The president asserted broad discretion to withdraw from international agreements, reinterpret treaty obligations, and act unilaterally in areas traditionally governed by multilateral cooperation. This approach was evident in decisions to withdraw from the Paris Climate Agreement, suspend funding to the World Health Organization, and disengage from various international oversight mechanisms. While each of these actions could be defended as lawful when considered individually, together they revealed how easily international commitments can be weakened when domestic executive authority faces few constraints.
The law of treaties itself highlights this vulnerability. Under the Vienna Convention on the Law of Treaties, states are permitted to withdraw from agreements in accordance with their terms or, in some cases, unilaterally. This flexibility is intended to respect sovereignty, but it also creates instability. During Trump’s presidency, withdrawal from international agreements became a routine policy tool rather than an exceptional response to extraordinary circumstances. For other states, this unpredictability undermined confidence in the durability of U.S. commitments and weakened the foundations of multilateral cooperation.
Another area where international law proved vulnerable was the broad invocation of national security. The Trump administration relied heavily on national security exceptions in international trade law and domestic emergency legislation to justify tariffs, sanctions, and other unilateral measures. Traditionally, such exceptions were understood as narrow safeguards designed for exceptional situations. Their frequent use risked turning them into a general escape clause, allowing states to bypass legal obligations while maintaining the appearance of compliance. This practice blurred the line between legitimate security concerns and political expediency.
Weak enforcement mechanisms further limited the ability of international law to respond effectively. The International Court of Justice does not have compulsory jurisdiction over all states, and compliance with its judgments depends largely on political will. During Trump’s presidency, the United States withdrew from optional protocols that allowed legal claims to be brought against it and imposed sanctions on officials of the International Criminal Court. These actions went beyond disagreement with specific investigations and instead challenged the broader principle that international legal institutions should be able to hold powerful states accountable.
The erosion of legal constraints was also evident in the increasing blurring of boundaries between law enforcement and military operations. Attempts to characterize certain cross-border operations as law enforcement actions rather than uses of force exploited gaps in existing legal frameworks. By stretching these distinctions, states can avoid the stricter limits imposed by the law governing the use of force, further weakening the clarity and coherence of international law.
Despite these developments, it would be misleading to suggest that international law has become irrelevant. International human rights norms continue to influence global expectations, and violations often provoke diplomatic pressure and public condemnation. Legal rules still provide a shared language through which abuses are identified and criticised. However, when powerful states repeatedly violate or sidestep these rules without facing meaningful consequences, the credibility of the system gradually erodes. Over time, selective compliance risks turning international law into a set of aspirations rather than binding obligations.
Looking beyond any single leader, the problems facing international law point to a wider crisis in global cooperation. As competition between powerful countries grows, many states are more willing to ignore legal rules when those rules do not serve their interests. This creates a dangerous pattern where laws are followed only when convenient. Weaker countries are especially affected, because international law often protects them from pressure or interference by stronger nations. If legal rules are no longer treated as fair and reliable, international law risks losing its role as a stabilising force in world politics. To prevent this, countries must rebuild trust in legal systems and show a genuine commitment to fairness, responsibility, and respect for global rules. At its core, international law depends on trust. When countries believe that rules will be applied fairly, they are more willing to follow them. But when powerful states ignore legal obligations without facing consequences, it weakens confidence in the entire system. Over time, this can encourage other states to break rules as well, creating instability and reducing cooperation in global affairs.
The Trump presidency therefore revealed more than a series of controversial policy decisions. It exposed deeper structural weaknesses within international law itself. A system built on consent, flexible exceptions, and limited enforcement struggles when confronted with leadership that is openly sceptical of legal restraint. The personalization of foreign policy and the expansion of executive discretion threaten the foundational idea that international relations should be governed by rules rather than by power alone.
Nevertheless, the erosion of international law is not inevitable. Legal systems have historically adapted to periods of crisis, and the post-1945 international legal order itself emerged from profound global instability. Rebuilding confidence in international law will require renewed commitment to multilateral institutions, clearer limits on the use of force, and stronger safeguards against abrupt treaty withdrawal. Scholars, courts, and international organisations all have a role to play in reinforcing the principle that legal obligations matter most when compliance is politically inconvenient.
Trump’s return to political prominence has made this challenge more urgent. If international law is to remain credible, it must be defended not only in theory but in practice. Without sustained collective effort, the international system risks drifting toward a world in which rules continue to exist on paper but increasingly give way to the exercise of unchecked power.
International law was created to restrain power, encourage cooperation, and prevent global politics from becoming a struggle dominated solely by force. However, recent events particularly during the Trump presidency have revealed how vulnerable this system can be when powerful states treat legal commitments as optional rather than binding. Actions such as withdrawing from treaties, broadening national security claims, undermining international institutions, and threatening the use of force without clear legal justification have weakened confidence in the reliability of international legal norms.
These trends do not mean that international law has failed or become meaningless. Legal rules still shape global expectations, guide diplomatic pressure, and provide a framework for accountability. Yet their strength depends on consistent respect, especially by influential nations. When rules are ignored or selectively applied, they risk becoming symbolic rather than effective.
The future of international law depends on renewed political commitment, stronger multilateral cooperation, and a shared understanding that legal restraint protects global stability. Preserving a rules-based international order is essential to preventing a world where power outweighs principle and law gives way to unchecked authority.
Reference(S)
U.N. Charter arts. 1–2.
U.N. Charter art. 2, para. 4.
Statute of the International Court of Justice art. 1, June 26, 1945, 59 Stat. 1055.
Christine Gray, International Law and the Use of Force 29–45 (4th ed. 2018).
Military and Paramilitary Activities in and Against Nicaragua (Nicar. v. U.S.), Judgment, 1986 I.C.J. 14, ¶¶ 202–05 (June 27).
Vienna Convention on the Law of Treaties arts. 54–56, May 23, 1969, 1155 U.N.T.S. 331.
Panel Report, Russia — Measures Concerning Traffic in Transit, WTO Doc. WT/DS512/R (Apr. 5, 2019).
Statute of the International Court of Justice art. 36, June 26, 1945, 59 Stat. 1055.
Exec. Order No. 13,928, 85 Fed. Reg. 36,139 (June 11, 2020).
Anthea Roberts, Is International Law International? 58–90 (2017).
John Ikenberry, The End of Liberal International Order, 94 Int’l Aff. 7 (2018).





