This article is written by Ishita Nair of MNLU Mumbai, an intern under Legal VIdhiya.

Abstract

International law is a complex and evolving field that encompasses a wide range of legal principles, standards, treaties, and conventions. Contemporary international law is evolving into a more complicated and multifaceted discipline as a result of the process of expansion via the introduction of new countries representing non-western civilization. In light of the various crisis happening in the world, it is imperative to understand the relevance of international law, through standards, treaties, and conventions to promote a more just, peaceful, and prosperous world. In this article, an attempt is made to explore the key concepts, principles, and institutions of international law, and examine their relevance to some of the most pressing issues facing the global community.

Keywords: International Law, Treaty, Convention, United Nations, Human Rights

Introduction

International law is a body of laws and rules that regulates how individuals and governments behave with one another, as well as how international institutions interact with one another. [1] In the field of international law, it is important to have a set of guiding principles and standards to better protect national interests. There exist many types of international law, such as international humanitarian law, law of treatise,  maritime and mercantile law, environmental law, international law of crimes, laws of war and refugee law. It has an impact on almost every facet of international relations and is essential in advancing world peace, collaboration, and human rights. To understand this, it is important to elaborate upon the standards, treaties and conventions which form the foundation of international law.

Standards of International Law

The standards of international law are the precepts and guidelines that direct how nations and other international actors should behave while engaging with each other. These norms are established by a number of sources, such as international treaties, common law, judicial rulings, and fundamental legal principles accepted by all nations. These standards are set by all nations, as well as international organisations such as The United Nations, The World Trade Organisation, The World Health Organisation and many more. Some of the most widely accepted standards internationally include, but are not limited to:

1. Acceptance of Sovereignty: According to the theory of Austin, each state has sole control over its own territory and is immune from intervention from other states or outside parties. [2] It can be said that one of the founding tenets of the United Nations is sovereignty, as it advocates for equality in the sovereignty of all of its member nations.
2. Principle of Non-Intervention: The principle of non-intervention consists of the right of every independent state to conduct its own affairs without any sort of outside or external interference of any other nation, except in certain limited circumstances, such as in cases of humanitarian intervention or self-defence. Although examples of trespass against this principle can be seen frequently.
3. Principle of Non-Alignment: Propounded by India, the Non-Aligned Movement consists of 120 nations, none of which are explicitly affiliated with or against any major power bloc.
4. Human Rights: This is the most fundamental principle driving the contemporary international law. Human rights are a primary issue of international law, and there are several treaties and conventions that create guidelines for defending and advancing these rights, which will be covered in more detail later in this blog.
5. Protection of Environment: International environmental law seeks to protect the natural environment and promote sustainable development, and there are numerous treaties and conventions such as the Stockholm Convention, Paris Protocol, and the numerous editions of COP.
6. Equal Trading Rights: International trade law establishes rules and standards for the conduct of trade between nations, and is governed by organizations such as the World Trade Organization. The concept of ‘Most-Favoured Nation’ by the WTO also follows this standard to promote fair trade practices between nations.

Treaties in International Law

Treaties are agreements governed by international law between two or more nations (or other international entities). They serve as a key foundational source of international law and regulate interactions between nations and other international players. They are of two kinds:  Bilateral treaties include two states, whereas multilateral agreements involve three or more states.  When two or more states concur on a treaty, they join as parties and are obligated by its provisions. Trade, human rights, the environment, and disarmament are just some of the many topics that may be covered by treaties. To understand International law thoroughly, it is important to have a look at some treaties which had a profound global impact.

The United Nations Charter, 1945.

1. The United Nations Charter is a document that serves as the foundational treaty of the United Nations (UN). On June 26, 1945, it was signed by 50 countries at the San Francisco Conference, and came into effect on October 24, 1945.
2. The Charter states the purposes, principles, and functions of the UN, as well as the structure and powers of its principal organs. It also establishes the International Court of Justice and sets out the rights and responsibilities of member states.
3. Some of the key principles of the UN Charter include the peaceful settlement of disputes between countries, consideration of human rights and fundamental freedoms and rights, and the promotion of social progress and better standards of living for all.
4. The Charter has been amended several times since its adoption, most notably to expand the number of member states and to grant more power to the General Assembly. Today, it remains the foundational document of the United Nations and serves as the basis for international law and cooperation among nations.
5. Sir Arcot Ramaswamy Mudaliar signed the UN Charter on behalf of India on June 26, 1945, in San Francisco, California, at the UN Conference on International Organization.[3]

The United Declaration on Human Rights, 1948.

• The Universal Declaration of Human Rights (UDHR) is a significant document that was espoused by the United Nations General Assembly (UNGA) on December 10, 1948. It was the first international agreement to set out the basic principles of human rights that should be universally protected.
• It consists of 30 articles that set out a range of civil, political, socio-economic, and cultural rights that are inherent and important to every human being, regardless of their race, gender, nationality, religion or any other status.
• Some of the key rights protected by the UDHR include the right to life, the right to personal liberty and security of person, the right to freedom of thought, conscience and religion, the right to work and education, and the right to participate in cultural and political life.
• The UDHR was a response to the atrocities of World War II and the recognition that human rights abuses could occur in any country. It has been instrumental in shaping international human rights law and has served as a source of inspiration for numerous national and regional human rights instruments.
• Today, the UDHR remains a cornerstone of international human rights law and is widely recognized as a statement of basic human rights that should be upheld by all countries.[4]
• The Universal Declaration of Human Rights, which was adopted in 1948, had a significant impact on the Indian constitution too, which can be particularly seen in the Directive Principles of State Policy.

Agenda 21, 1992.

• Agenda 21 is a comprehensive action plan that was adopted by the United Nations (UN) at the Earth Summit in Rio de Janeiro in 1992. It is a non-binding, voluntary agreement among UN member states aimed at promoting sustainable development globally. The plan is titled Agenda 21 as it was originally intended to address the 21st century’s environmental and developmental issues.[5]
• Agenda 21 outlines a range of strategies for achieving sustainable development in the 21st century, including improving access to clean water and sanitation, promoting sustainable agriculture and forestry, and conserving biodiversity. It also recognizes the importance of empowering women, reducing poverty, and promoting public participation in decision-making.
• The plan aims to foster collaboration between governments, international organizations, civil society, and the private sector in achieving sustainable development goals. Although Agenda 21 is a non-binding agreement, many countries have implemented its recommendations and goals in their national policies and development plans.
• Since its adoption, Agenda 21 has been the subject of controversy, with some critics characterizing it as an effort to undermine national sovereignty and promote a global government. However, the plan has also been widely recognized as an important framework for promoting sustainable development and addressing environmental and developmental challenges.

Rome Statute of the International Criminal Court, 1998.

• The Rome Statute of the International Criminal Court (ICC) is a multilateral treaty that was adopted on July 17, 1998, in Rome, Italy. It also established the International Criminal Court, which is the first permanent international tribunal with the mandate to investigate and prosecute people accused of genocide, crimes against humanity, war crimes, etc. Recently, the ICC has also issued an arrest warrant against Vladimir Putin, for the atrocities conducted in Ukraine.
• The ICC is an independent international organization that is based in The Hague, Netherlands, and operates under the principle of complementarity, which means that it can only investigate as well as prosecute cases when national courts are unable or unwilling to do so.
• The ICC has jurisdiction over crimes and offences committed after July 1, 2002, when the Rome Statute came into force.
• The Rome Statute defines the crimes within the ICC’s jurisdiction, establishes the procedures for conducting investigations and trials, and sets out the rights of victims and the accused. It also outlines the organization’s governance structure and financing.
• The Rome Statute has been ratified by 123 countries, with the notable exceptions of the United States, Russia, and China and India.[6]
• The ICC has been involved in several high-profile cases, including the trials of former Congolese rebel leader Thomas Lubanga and former Ivory Coast president Laurent Gbagbo, as well as the case of Kulbhushan Jadhav.
• The ICC’s work has been praised for promoting accountability for serious crimes, but it has also faced criticism for its limited jurisdiction and uneven enforcement.

Conventions of International Law

An international convention can be said to be a written agreement between two or more nations, which states their duties and rights in a particular domain. It has one crucial caveat: the terms of a convention cannot conflict with the jus cogens, or override the rules that apply to all States.[7] National governments pick the nature of conventions because they decide whether or not to embrace them. The system of “hard law” includes the rules and regulations created and accepted with the express assent of the States is what is referred to as international conventions. It contrasts with “soft law,” which includes agreements between nations that go by the names of declarations or resolutions. One of the primary distinctions between hard law and soft law is that the former requires ratification by States in order to become obligatory on those States, whilst the latter does not

The Geneva Conventions

1. The Geneva Conventions are a series of international agreements which establish the standards of international humanitarian law for the treatment of victims of armed conflicts. They were first adopted in 1864 in response to the suffering of wounded soldiers in the battlefields of Europe, and have since been updated and expanded to cover all aspects of armed conflict.[8]
2. The four Geneva Conventions of 1949 apply to four categories of individuals: wounded and sick armed forces on land, prisoners of war, and civilians in time of war. The conventions set out the rights and protections that must be granted to these individuals, including the prohibition of torture, inhumane treatment, and collective punishment.
3. The conventions also establish the obligations of the parties to the conflict, including the duty to provide medical care and humanitarian assistance to those in need, and the duty to respect and protect cultural and religious property.
4. The Geneva Conventions have been ratified by 196 countries, making them widely recognized as a cornerstone of international humanitarian law. The conventions are enforced by the International Committee of the Red Cross, which monitors compliance with the conventions and aims to provide assistance to victims of armed conflict.

Montreal Protocol

1. The Montreal Protocol is an international environmental agreement that was designed to preserve the Earth’s ozone layer by phasing out the production and the consumption of substances that deplete it. The protocol was signed on September 16, 1987, in Montreal, Canada, and has since been ratified by 197 countries.
2. The Montreal Protocol is widely considered to be as one of the most successful international agreements, as it has led to a significant reduction in the production and consumption of ozone-depleting substances, such as chlorofluorocarbons (CFCs) and hydrochlorofluorocarbons (HCFCs). These substances were commonly used in refrigeration devices and air conditioning systems, as well as in the production of foam insulation and aerosol sprays.
3. The protocol established a timetable for the phasing out of ozone-depleting substances, with developed countries required to phase out CFCs by 1996 and HCFCs by 2020. Developing countries were given longer to phase out these substances, with a deadline of 2010 for CFCs and 2030 for HCFCs.[9]
4. Since the adoption of the Montreal Protocol, the ozone layer has slowly recovered, and it is expected to return to pre-1980 levels by mid-century. In addition to protecting the ozone layer, the Montreal Protocol has also had significant co-benefits for climate change mitigation, as many of the ozone-depleting substances are also potent greenhouse gases.
5. Overall, the Montreal Protocol has been widely praised for its success in addressing a major environmental issue, and it serves as a model for other international environmental agreements

Kyoto Protocol

1. The Kyoto Protocol is an international protocol that was designed to combat global climate change by reducing greenhouse gas emissions. The protocol was espoused on December 11, 1997, in Kyoto, Japan, and came into force from February 16, 2005.
2. Under the Kyoto Protocol, developed countries pledged to be committed to reducing their emissions of greenhouse gases by an average of 5.2% below their 1990 levels over the period of 2008 to 2012.[10] The protocol established a market-based mechanism called carbon trading, which allowed countries to buy and sell carbon credits to meet their emissions reduction targets.
3. The Kyoto Protocol has faced significant challenges in implementation, with many countries failing to meet their emissions reduction targets. The United States, which is one of the largest emitters of greenhouse gases, refused to ratify the protocol, citing concerns about its potential impact on the economy.
4. Despite its limitations, the Kyoto Protocol is widely considered to be an important milestone in the global effort to address climate change. It paved the way for subsequent international agreements, such as the Paris Agreement, and has raised awareness about the acute need to reduce greenhouse gas emissions and alleviate the ramifications of climate change.

Paris Agreement

1. The Paris Agreement is an international treaty on environment that was signed on December 12, 2015, at the United Nations Framework Convention on Climate Change Conference of the Parties in Paris, France. The agreement was created to strengthen the global response to climate change and to limit global warming to well below 2 degrees Celsius above pre-industrial levels, with the aim of limiting it to 1.5 degrees Celsius.[11]
2. Under the Paris Agreement, each participating country must submit a nationally determined contribution (NDC) to reduce the emissions of greenhouse gas and adapt to the impacts of climate change.
3. The NDCs are updated after every five years, with each subsequent NDC expected to be more ambitious than the previous one. The agreement also established a framework for monitoring, reporting, and verifying each country’s progress in meeting their targets.
4. The Paris Agreement has been widely hailed as a significant milestone in the global effort to combat climate change, as it represents a consensus among countries to work together to address this critical issue. As of April 2023, the agreement has been ratified by 195 parties, including the European Union, China, the United States and India.
5. While the Paris Agreement has been successful in bringing countries together to address climate change, some critics argue that it is not ambitious enough to achieve its goals, and that more aggressive action is needed to reduce emissions and reduce the impacts of climate change.
6. Despite these challenges, the Paris Agreement remains a critical framework for international cooperation on climate change, and a symbol of the global community’s commitment to addressing this urgent challenge.

Important cases in International Law

The Nuremburg Trials, 1945

1. The Allied Countries held the Nuremberg trials against Nazi Germany’s officials, who were accused of atrocities during World War II. These were held between November 1945 and October 1946, in Nuremburg. [12]
2. The trials were significant because they established the principle of individual criminal responsibility for international crimes, regardless of whether the crimes were committed in the name of a government.
3. The trials also introduced the concept of crimes against humanity, which had not previously been recognized as a separate category of international crime.
4. The Nuremberg Trials set an important precedent for subsequent international criminal trials. They also marked a significant step in the development of international law, as they established the idea that individuals, not just states, could be held accountable for violations of international law.

Portugal v. India, 1954

1. The Portugal vs India case, also known as the Goa Case, was a significant event in the history of international law and decolonization.
2. Portugal had held the territories of Goa, Daman, and Diu in India for over four centuries. India had been demanding the return of these territories, arguing that Portugal had no right to hold on to them. Portugal refused to give up its colonies, and the matter was referred to the United Nations.
3. In 1961, India launched a military operation to take control of the territories, and after a brief conflict, Portugal surrendered.[13] The case was then resolved through diplomatic means, and Portugal recognized India’s sovereignty over the territories in 1974.
4. The case was significant because it established the principle that colonialism was incompatible with the principles of the United Nations Charter, which calls for the right to self-determination of peoples. The case also set a precedent for decolonization in other parts of the world.

France v. Turkey, 1927

1. It is also called as the S.S. Lotus Case. It was a dispute between France and Turkey that took place in 1927 before the Permanent Court of International Justice, which was the predecessor of the International Court of Justice.[14] The case arose out of a collision between the French steamship S.S. Lotus and the Turkish vessel Boz-Kourt in the high seas.
2. The Turkish captain of the Boz-Kourt was killed in the collision, and the French captain of the S.S. Lotus was charged with manslaughter by the Turkish authorities. The French government protested against the Turkish action, arguing that the collision occurred on the high seas, and therefore, Turkey had no jurisdiction to prosecute the French captain.
3. The Permanent Court of International Justice ruled in favour of France, holding that Turkey had no jurisdiction to prosecute the French captain. The court held that the high seas were subject to the principle of freedom of the seas, and therefore, no state could exercise jurisdiction over ships on the high seas.
4. The S.S. Lotus case is significant because it established the principle of territorial sovereignty and jurisdiction in international law.

Analysing recent developments in International Law through current world events

Russia and Ukraine

The conflict between Russia and Ukraine is a complex issue with several legal implications under international law. Here are some of the main legal aspects of the conflict:

• Annexation of Crimea: In 2014, Russia annexed Crimea, which had previously been part of Ukraine. This annexation has been widely criticized as a violation of international law, including the United Nations Charter and the Helsinki Final Act, which prohibits the acquisition of territory by force.
• Territorial Integrity: The conflict has raised questions about the principle of territorial integrity, which is a fundamental principle of international law. Ukraine asserts its right to the territorial integrity of its borders, while Russia argues that it has a duty to protect the rights of Russian speakers in Crimea and eastern Ukraine.
• Human Rights: The conflict has also raised concerns about human rights violations, including reports of torture, disappearances, and other abuses committed Russian forces, such as the Bucha massacre. Both Ukraine and Russia are parties to various human rights treaties and conventions, including the European Convention on Human Rights, and are therefore bound by their obligations under these agreements.
• International Humanitarian Law: The conflict has also raised issues under international humanitarian law, which governs the conduct of armed conflicts. There have been allegations of violations of the laws of war, including attacks on civilians, use of indiscriminate weapons, and restrictions on access to humanitarian aid.
• Sanctions: In response to Russia’s annexation of Crimea and involvement in the conflict in eastern Ukraine, the United States and the European Union have imposed economic sanctions on Russia. The legality of these sanctions has been debated, with some arguing that they violate international trade law.

Overall, the conflict between Russia and Ukraine raises a range of legal issues under international law, including questions about territorial integrity, human rights, international humanitarian law, and the use of sanctions. Resolving the conflict will require a complex and nuanced approach that takes into account the legal, political, and social dimensions of the issue.

Israel and Palestine

The conflict between Israel and Palestine is a long-standing and complex issue that has been ongoing for decades. It involves competing claims to land and resources, as well as questions about human rights and international law. Here are some of its legal aspects:

• Occupied Territories: Israel has occupied the Palestinian territories of the West Bank and Gaza Strip since 1967. This occupation is considered illegal under international law, specifically the Fourth Geneva Convention, which prohibits the transfer of an occupying power’s population to the territory it occupies.
• Settlements: Israel has established settlements in the occupied territories, which are also considered illegal under international law. The establishment of settlements violates the Fourth Geneva Convention and the Hague Convention, which prohibit an occupying power from transferring its own civilian population into the territory it occupies.
• Human Rights: The conflict has also raised concerns about human rights violations, including reports of discrimination, restrictions on movement, and excessive use of force against Palestinians by Israeli forces. Both Israel and Palestine are parties to various human rights treaties and conventions, including the International Covenant on Civil and Political Rights, and are therefore bound by their obligations under these agreements.
• International Criminal Law: There have been allegations of war crimes and crimes against humanity committed by both Israeli forces and Palestinian armed groups during the conflict. The International Criminal Court (ICC) is currently conducting an investigation into these allegations, although Israel does not recognize the ICC’s jurisdiction and has refused to cooperate with the investigation.
• UN Resolutions: The United Nations has passed numerous resolutions calling for a peaceful resolution to the conflict and the establishment of a two-state solution, with Israel and Palestine living side by side in peace and security. These resolutions, including UN Security Council Resolution 242 and 338, provide a framework for a negotiated settlement to the conflict

The conflict has significant implications for international law, including questions about occupied territories, settlements, and human rights. Resolving the conflict will require a multi-faceted approach that addresses both the legal and political dimensions of the issue.

Enforcement in India

The Constitution of India, which acknowledges international treaties and conventions as a component of the nation’s internal law, governs the execution of treaties in India. The Indian Parliament has the authority to enact laws to carry out foreign conventions, treaties, and agreements under Articles 253 and 51 of the Indian Constitution. The Indian judicial system is crucial to the implementation of treaties. The Indian Supreme Court has ruled that international agreements are legally enforceable and the enforcement must be carried out in a sincere effort. 

However, the process of enforcing treaties in India can be complicated, and there are often delays and challenges in implementing treaty obligations. India also has a dualist legal system. This means that treaties must be incorporated into domestic law through the process of legislation before they can be enforced in Indian courts. In addition, there are often political and administrative challenges in implementing treaty obligations, particularly in cases where there is resistance from state governments or other stakeholders. These challenges can make it difficult for India to meet its obligations under international treaties and conventions.

Despite these challenges, India has demonstrated a commitment to upholding its treaty obligations, and has ratified a number of important international agreements in areas such as human rights, environmental protection, and trade. The Indian government has also taken steps to strengthen its legal and institutional frameworks for implementing international treaties, in order to improve compliance and enforcement.

Conclusion

In conclusion, international law is essential in regulating how nations and other international players behave in the global community. It offers a structure for settling conflicts, defending human rights, and fostering international collaboration on problems like climate change, commerce, and security. Nonetheless, it may be difficult to put international law into practise and enforce it, and there are frequently political, legal, and institutional obstacles in the way of doing so. To overcome these obstacles and improve the mechanisms for enforcing international law, the international community must come together.

Despite these challenges, international law remains a crucial tool for promoting peace, justice, and the rule of law in the global community. As the world becomes increasingly interconnected and interdependent, especially after the 1991 trade liberalisation, the importance of international law will only continue to grow, making it essential for all countries to work together to uphold and strengthen the international legal system.

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[1] International Law, Cornell Law, available at https://www.law.cornell.edu/wex/international_law, last seen on 03/04/2023.

[2] Theories of Sovereignty, Devanshu Bhadauria, Research J. Humanities and Social Sciences, available at https://rjhssonline.com/HTMLPaper.aspx?Journal=Research%20Journal%20of%20Humanities%20and%20Social%20Sciences;PID=2012-3-1-9, last seen on 03/04/2023.

[3] United Nations Charter, United Nations, available at https://www.un.org/en/about-us/un-charter, last seen on 04/04/2023.

[4] United Declaration of Human Rights, OHCHR, available at https://www.ohchr.org/sites/default/files/UDHR/Documents/UDHR_Translations/eng.pdf, last seen on 04/04/2023.

[5] Core Publications Agenda 21, United Nations, available at https://www.un.org/esa/dsd/agenda21/#:~:text=Agenda%2021%20is%20a%20comprehensive,human%20impacts%20on%20the%20environment., last seen on 04/04/2023.

[6] Rome Statute, International Criminal Court, available at https://www.icc-cpi.int/sites/default/files/RS-Eng.pdf, last seen on 04/04/2023.

[7] International Conventions, The Practical Guide to Humanitarian Law, available at https://guide-humanitarian-law.org/content/article/3/international-conventions/, last seen on 05/04/2023.

[8] Geneva Conventions and their Commentaries, Red Cross, available at https://www.icrc.org/en/war-and-law/treaties-customary-law/geneva-conventions, last seen on 05/04/2023.

[9] About Montreal Protocol, UNEP, available at https://www.unep.org/ozonaction/who-we-are/about-montreal-protocol, last seen on 06/04/2023.

[10] What is the Kyoto Protocol?, UNFCC, available at https://unfccc.int/kyoto_protocol, last seen on 06/04/2023.

[11] The Paris Agreement, UNFCC, available at https://unfccc.int/process-and-meetings/the-paris-agreement, last seen on 06/04/2023.

[12] The Nuremberg Trial and the Tokyo War Crimes Trials, U.S. Department of State, Available at: https://history.state.gov/milestones/1945-1952/nuremberg, last seen on 06/04/2023

[13] The day India freed Goa from Portuguese rule (2017) BBC News, BBC, Available at: https://www.bbc.com/news/world-asia-india-42390008, last seen on 09/04/2023

[14] The case of the S.S. “Lotus” (France v. Turkey) Int Law. Available at: https://intlaw.co.uk/lotus,  last seen on 10/04/2023