International Law : Redundant or Effective

Authored By: Ketokei Sarah Samanta

IP University

Introduction

On 22^nd August 2026, former French and British diplomats wrote an open letter to their governments urging them to sanction Israel. They are pushing for equal rights for Israelis and Palestinians. They fear that Israeli policy in occupied Palestinian Territory threatens to permanently erase the possibility of Palestinian state. But the question is where is the international law which should regulate all these.

International law is based on the mutual understanding between nations. The respect for each other’s boundaries and sovereignty is the primary focus of the international law. The need to avoid war and manslaughter was the main target. In today’s world with one country invading the other or threatening to invade it, the international law stands at a quiet precarious position.

This article analyses the international law from its origin to present day. It will look into the ever changing roles of international law and whether it is still effective till today.

Origin

The term ‘International Law’ was coined by Jeremy Bentham in 1780. International law is the body of legal rules, norms and standards that apply between sovereign states and other entities that are legally recognised as international actors. The treaty of Westphalia in 1648 laid the cornerstone for modern international law by laying down the concept of Territorial sovereignty. The Westphelian treaty allowed rulers to gain Supreme Authority over their own territory & population. It prohibited foreign powers from interfering in another state’s domestic affairs. This principle is enshrined in Article 2 of the UN.

Functions of International Law

International organisations like United Nations, World Bank , International Monetary fund etc., play a huge role in negotiating ,mediating and helping the countries across the globe. International law helps establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained. This work is carried out in many ways by courts, tribunals, multilateral treaties and by the security council of UN which can approve peacekeeping missions, impose sanctions or authorize the use of force when there is a threat to International peace & security. The International law operating through international organisations provide a predictable framework for diplomacy, protecting territorial sovereignty and defining state responsibilities. It prevents conflicts by balancing the conflict of interest. It sets rules for shared spaces that belong to no single nation, including international waters airspace, outerspace and global communications.

International Law in the 20^th Century

International law gained great prominence after the World war 2. From negotiating between countries for sharing river water to making countries sign pact for environmental protection. Given below are some of the events of 20^th century where international organisations have played a crucial role.

Indus Water Treaty : Indus Water Treaty was signed on September 19, 1960 between India and Pakistan and was brokered by the World Bank . The treaty fixed the rights and obligations of both the countries concerning the use of water of Indus River. The negotiations were the initiative of former World Bank President Eugene Black. Seen as one of the most successful international treaties, it has survived frequent tensions, including conflict and has provided a framework for irrigation and hydropower development for more than half a century. Former US President Dwight Eisenhower described it as “one bright spot … in a very depressing world picture that we see so often”.
Marrakesh Agreement : The Marrakesh Agreement, manifested by the Marrakesh Declaration, was an agreement signed in Marrakesh, Morocco by 123 nations on 15^th April 1994. It established the World Trade Organisation, which officially came into being on 1^st January 1995. The Agreement developed out of the General Agreement on Tariffs and Trade (GATT) , supplemented by a number of other agreements on issues including trade in services, sanitary and phytosanitary measures, trade related aspects of intellectual property and technical barriers to trade. It also established a new , more efficient and legally binding means of dispute resolution.

International Law in the 21^st Century

Even though international law faced criticism for lack of a centralized enforcement authority, its reliance on voluntary state compliance. But this is not true . Given below are some of the instances where the international law has played pivotal role.

Paris Agreement (2015) : The Paris Agreement is an international treaty on climate change that was signed in 2016. The treaty aims to help countries adapt to effects of climate change. Under the agreement, each country must determine plans and regularly report on its contributions. No mechanisms are there which can force a country to set specific emission targets but each target should go beyond previous targets.
The High Seas Treaty (2026) : The High Seas Treaty is a legally binding instrument for the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction. Greenpeace a global campaigning network for environmental called it “the biggest conservation victory every”. The main achievement is the new possibility to create marine protected areas in international waters. By doing so the agreement now makes it possible to protect 30% of the oceans by 2030. It serves as a step towards protecting the ecosystem.

Conclusion

Even though sometimes it seems that international law is not at work but it is always there in the background. It acts as guiding light for the nations. It is still very effective till today. Like when Russia unfairly invaded Ukraine, the UN General Assembly passed a resolution demanding that Russia immediately, completely and unconditionally withdraw all military forces from Ukraine. The European Union has imposed sanctions due to which Russia has faced significant financial losses. International law is embedded in the very functioning of almost every country in the world.

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