This article is written by Vedant Singla of 1st Semester of Punjab School of Law, Punjabi University, Patiala of an intern under Legal Vidhiya
Abstract
Global law also knows as International law governs the rules and regulations between the nations. It is also known as public international law which is different from domestic law. It also governs relations between the individual parties and the government within a particular country. We can also see that the lack of an international legal system would leave the countries behavior unpredictable and careless. International laws are being followed for various reasons for both domestic and internationally. Reasons could vary for each case but possibility could be either moral conviction or fear of punishment or discipline. But in the end, nations and individuals may comply with international law due to its inherent benefits. We always think that the international law is crucial for human existence, as it serves as the foundation of world diplomatic order. This article seeks to give an insight on the conditions under which individuals can use the international legislation and also shedding light on its function in protecting basic human lives and how it engages with domestic laws. Next, we will explore why nations must follow the international norms, including the belief of state autonomy and mutual agreement, alongside the quest for world peace order. After this we will also explore why nations must follow international law and we will look into the existing factors for compliance of the law which could be the maintenance of positive foreign relations, preservation of global environment or preventing another war.
Keywords: International law, Citizens, International cooperation, Global governance, International relations
Introduction
International law which is usually known as public international law or law of nations consists of the collection of legal principles, guidelines, and standards that govern regulations between recognized international personnel including sovereign states. Global law determines how countries interact and coordinate their actions regarding foreign trade, diplomacy, human rights and dispute-resolution procedures. The legal framework of international relations relies upon a variety of sources such as treaties, codified international norms, fundamental legal concepts embraced by cultured societies and the publications of accomplished international lawyers.
There exists no widely adopted and standardized interpretation of global legal norms. Despite some discrepancies, the general consensus amongst legal minds is that international law refers to a set of norms that states are mandatory to follow. A range of sources including treaties, precedents, and common law have these rules[1]. International legislation holds immense significance within the larger global framework. The rules governing international relations serve as a foundation, empowering nations to live harmoniously across borders. Without a world government, international laws step in to fill the void and maintain stability.
As connectivity between nations intensifies, the significance of global rules has grown. Global cooperation is crucial when tackling challenges that affect multiple nations including climate change, terrorism, outbreaks and international commerce. Furthermore, international law acts as a powerful tool for enforcing justice across the globe. The underlying principle enables criminals to be held liable, while simultaneously offering restoration to victims of horrific acts including war crimes, ethnic cleansing and gross human rights violations. This highlights the crucial need for legal frameworks to uphold global peace and the esteem given to human rights.
In addition, these laws influence how officials engage in discussions involving multiple countries. Foreign policy formation is significantly impacted by this consideration. The absence of universal legal standards would likely leave international relations susceptible to unforeseeability. The application of international law has become essential to managing the complex interactions among nations. Its primary function is to manage diplomatic affairs, handle pressing global concerns, secure peace and tranquillity and protect human rights and moral values. With increasing globalization, the relevance of international law increases[2].
When can citizens use international laws?
International laws are the body of laws binding international actors and regulating their conduct. Additionally, people are responsible for upholding global legal standards. In some cases, individuals can directly use international law to protect their rights. Certain conditions allow citizens to use international laws directly when someone’s legal rights are disregarded as per global standards. Considering the scenario where an individual’s right to free speech is disregarded, they might take recourse via a human rights commission or if they are harmed as a result of a state’s violation of global standards. Considering an example, if an individual is hurt while fighting for their country, they may hold the state responsible accountable for their losses.
International legislation safeguards personal freedom across a wide area with the landmark Universal Declaration of Human Rights serving as a prime illustration. The UDHR details the fundamental rights that every person is entitled to, such as the right to life, freedom, and personal safety (Article 3), along with the right to seek asylum from oppression (Article 14). Interestingly, these conventions ensure the safety and security of non-combatants, prisoners of war, and civilians during times of war. There are many instances of individual rights that are protected under international law such as right to life, right to liberty, right to security of person, right to freedom of speech, right to freedom of religion, right to education, right to work and right to health care, etc.
Various case histories demonstrate how people have utilized global legal frameworks to their benefit. Considering Aung San Suu Kyi, an individual who gained international acclaim for her work in promoting democracy in Myanmar which sustained international pressure, Suu Kyi was granted her release from captivity. Another such example is the Filartiga v. Pena-Irala case (1980) in the United States, where the Alien Tort Statute was used to allow a Paraguayan family to sue another Paraguayan for torturing their son, an act committed entirely outside the U.S. This case essentially confirmed that U.S. courts can adjudicate violations of international law committed outside the U.S, opening a new avenue for individuals to claim their rights under international law[3].
These are just two examples and is not the end of the list of how citizens have used international law to their advantage. Numerous cases show how individuals have used international law to shield their fundamental rights and fight for moral justice. As global issues become more pressing, the responsibility of civilians in foreign legal frameworks is growing. Greater knowledge of legal protections under global norms can empower individuals to defend their rights and advocate for equality.
Why must countries respect International Law?
The foundation of international jurisprudence lies in the principle of pacta sunt servanda which means agreements must be kept. This principle, enshrined in Article 26 of the Vienna Convention on the Law of Treaties 1969, mandates that every treaty in force is binding upon the parties and must be performed by them in good faith. Respecting treaties supports the rule of law in global affairs, providing a ground for cooperation and peaceful resolution. Failure to comply with global norms can have terrible consequences that extend beyond immediate boundaries. Defiance can lead to a wide range of punishments, from gentle to more drastic measures. In situations where nations disregard global rules, the United Nations Security Council might apply monetary or political penalties, like those imposed against North Korea and Iran concerning their nuclear ventures. Disregard for global norms can lead to a decrease in foreign recognition and prestige, thereby limiting a nation’s influence over world affairs.
Non-compliance of International law can result in diminished recognition from the global community. This difficulty could prevent them from securing financial aid, conducting business across borders or joining international bodies. Like, Russia’s invasion on Ukraine in 2022 led to the Russia being removed from the G8 and facing additional sanctions. Several case studies highlight the consequences of violating international law. The 1990 invasion of Kuwait constituted an evident disregard for the UN Charter’s basic principle, which gave the UN Security Council to impose extensive economic measures. The outcome was a combined military effort that inflicted considerable destruction within Iraq[4].
Russia’s actions in annexing Crimea in 2014 were broadly seen as a contravention of international law, particularly the norm of territorial autonomy. Russia faced a series of economic restrictions from the EU, US and other countries, which impacted various industries. The Yugoslavian experience from the 1990s shows another instance of grievous human rights offenses. The global community created the International Criminal Tribunal for the Balkans (ICTY) to investigate and punish those accountable for severe transgressions of international humanitarian norms.
So, the principle of Pacta sunt servanda shows the repercussions of not respecting international law including sanctions and loss of global standing, and various case studies clearly demonstrate why countries must respect international law. Not only adhering to international law promotes peaceful co-existence and cooperation among nations, but failure to do so can also lead to punitive measures that can have devastating consequences.
Why do nations and citizens obey international law?
Abiding by international laws can provide various benefits to the nations. First, international legislation serves as a foundation for countries to engage peacefully and friendly and nations can minimize the likelihood of confrontations and promote unity. Second, these organizations can impose consequences upon nations violating universal laws. These penalties can give considerable influence over a country’s economy and political landscape, hence providing a strong inclination among nations to adhere to international standards. Third, violations of global laws can remove the goodwill between foreign nations. These circumstances may obstruct their ability to attain their foreign policy objectives, including acquiring market access or securing global financing. Fourth, international norms offer a structured approach to maintain peace by mitigating violent confrontations. For instance, the Geneva Conventions outline guidelines for treating soldiers with dignity, thereby minimizing unnecessary distress and promoting harmony[5].
International compliance offers many benefits for residents. First, international legal frameworks safeguard a diverse variety of inherent human rights such as the right to life, freedom and personal security. Established laws and regulations can shield nations from accusations of abuse. Second, international legislation serves as a foundation for settling conflicts between private parties and governments. By offering this, those who cannot access justice within their countries can still pursue legal remedies. Third, international legal frameworks can promote economic growth by establishing a secure and reliable foundation for commerce and capital flows. For example, the WTO has established regulations governing international trade, thus preventing any bias towards particular goods or services among nations.
Concept of soft power, as defined by Joseph Nye, refers to a country’s capacity to inspire others through appeal and attraction, rather than through manipulation or force. Abiding by international standards can increase a country’s diplomatic appeal. Credibility, reliability, and moral integrity are commonly given to nations that maintain these principles. For example, the EU has successfully used its commitment to global law and ethical considerations to shape the actions of other countries via its policies and practices.
The reason behind nations and citizens obey international law lies in multiple factors. International relations are strengthened and sanctions are prevented when countries cooperate. Domestic law implementation helps protect residents’ rights, thereby contributing to economic progress. Following with international standards grants nations more effectiveness in shaping global affairs through cooperation rather than force.
Conclusion
International legal framework defines how nations interact with one another and deeply influences global society. It also plays a vital part in promoting harmonious living, collaboration, and conflict resolution and the United Nations’ functions are necessary. This article showed the dual functions of citizens and countries within this domain, highlighting how international law can serve as a shield for personal rights and a place for recourse. Our article explores fundamental principle of Pacta sunt servanda that agreements must be upheld by nations and how ignoring these agreements can lead to severe consequences. The experiences of Iraq, Russia and the former Yugoslavia show the undesirable results of neglecting to obey the rules, including trade restrictions and loss of international status. Additionally, nations should follow international law out of self-interest. Compliance with agreements is essential for countries to secure favourable treatment from abroad. By complying with global accords, countries can grant blessings upon their population comprising stronger legal protection and better living standards. As global integration expands, the importance of international legal frameworks will increase. Nations must work together with their citizens to observe and support these rules, thereby fostering a worldwide community that nurtures tranquillity, morality, and human dignity. The promise to uphold legal standards across nations promises a brighter future.
[1] Nature and Definition of International Law: A Comprehensive Exploration for UPSC Aspirants, Testbook, https://testbook.com/ias-preparation/nature-and-definition-of-international-law, last seen on 04/08/2023
[2] International Law notes, IPleaders, https://blog.ipleaders.in/international-law/, last seen on 05/08/2023
[3] D. Windsor, Alien Tort Claims Act, Encyclopedia Britannica, https://www.britannica.com/topic/Alien-Tort-Claims-Act, last seen on 05/08/2023
[4] R.G.C. Thomas, NATO, the UN, and International Law, 10(3) Mediterranean Quarterly 25,50 (1999), https://muse.jhu.edu/article/20771, last seen on 05/08/2023
[5] H. Pickering, Why Do States Mostly Obey International Law?, E-INTERNATIONAL RELATIONS, https://www.e-ir.info/2014/02/04/why-do-states-mostly-obey-international-law/#:~:text=Essentially%2C%20states%20calculate%20their%20interests,states%20are%20likely%20to%20comply.&text=These%20theories%20offer%20useful%20explanations%20for%20how%20states%20behave., last seen on 05/08/2023
