STRENGTHENING OF INTERNATIONAL LAW

INTRODUCTION

International law simply refers to the body of rules and regulations which are applied globally. The states or nations are considered as subjects of international law even the international organisations such as the UN can be considered as subjects. In today’s societal scenario there is vast scope in this field. It is derived from various sources such as treaties,customs,general principle of laws etc. In other words, International law can also be termed as an agreement between two nations /states.

Whenever any dispute occurs between the nations the international law has acted as a mediator in order to solve the dispute. The international court of justice regulates international law.

CHALLENGES AND OVERCOMING FACTORS

International law faces various challenges in its own aspect. If we observe current political affairs such as russia – ukraine , iran – israel conflicts etc. It is necessary to strengthen international law . There are certain factors which can contribute to overcoming these challenges.

• There should be centralized police authority and recruitment of armed forces so to maintain peace and harmony among the states in order to avoid wars
• Monopoly should not be created over International Court Of Justice or indirectly influence international law
• International law should focus on diverse subjects apart from state to state relations such as climate change, influence of non-state actors such as terrorist groups.
• There is a lack of a worldwide regulatory system . For instance, a centralized board should be established to discuss such matters.
• Enhancing the transparency and accountability within the system of legal principles and procedures.
• No influence of politics on recruitment of judges of ICJ(International Court Of Justice).
• To create public awareness about core legal methodologies about international law.
• Promoting broader participation ensuring that more states to join treaties and conventions
• Reform the rules and regulation of international organisations if found necessary such as the UN General Assembly, UN Security Council.
• Analyze its own decisions whether how effectively it has been implemented.

CITATIONS

1. Corfu Channel Case (United Kingdom vs Albania) :- The key issue in this case was the damage to british warships into the albanian sea. The international court of justice in its judgement stated that the state is responsible for its harmful action conducted within its own territory. This was the first case brought up before the international court of justice.
2. North Sea Continental Shelf Cases (Federal Republic Of Germany/Denmark;Federal Republic Of Germany/Netherlands):-This case was between West Germany and Denmark/Netherlands regarding delimitation of the continental shelf in the north sea. The three countries were in disagreement about how to divide continental shelf. The ICJ directed parties to reach an agreement through equitable principles in its judgement.
3. Barcelona Traction,Light and Power Company,Limited ( Belgium vs Spain):-The company was incorporated in Canada and had certain non Spanish investors. For certain reasons, the government paid less to its shareholders. The shareholders persuaded Canada and other states to complain against Spain. However Canada backed out but the Belgium government insisted on complaining further. The ICJ stated that Belgium has no right in bringing up for the claim, the wrong was done to the company, the company’s rights have been infringed by the Spain actions.
4. Recent international law cases include the climate crisis, Mauritius and Maldives maritime boundary dispute, criminal cases issues involving human rights violations.International Court of Justice has lot of pending cases related treaty obligations,Alleged violations of International Conventions.
5. The International Court Of Justice has also given certain statements related to the Russia Ukraine war ordering Russia to stop the invasion. However in the case of the Israel and Iraq war, Iran has accepted the ICJ jurisdiction but Israel has not yet accepted. But ICJ can exercise jurisdiction if Genocide treaty is invoked.

MECHANISMS

The Educational Programmes or Institutions should engage the youth in the activities regarding human rights violations. Today’s most complex task for international organisations is to increase the level of different mechanisms and compliance such as monitoring,reporting and evaluating. The International Organisations should adopt a multi-faceted approach to strengthen international law. Moreover, Entities such as the United Nations, The International Criminal Court (ICC), European Union (EU) provide cooperation and conflict resolutions.

CONCLUSION

In conclusion, International Law should adapt various new approaches and technologies to deal with today’s global matters. By focusing on enhanced mechanisms and legal compliance, regulatory provisions the international community can boost more peace and harmony. To strengthen international law, collaborative work of different institutions is essential. The main aim of international law is to promote qualitative harmony among the nations and it should amend the legal rules as per current societal scenario. The task ahead is daunting but the commitment to strengthening international law is essential for global governance and collective security.