Is International Law Dying? 

Rising tensions between the United States and Iran, alongside conflicts such as Russian invasion of Ukraine, have triggered debates about whether international law is collapsing.

Some scholars argue we are entering a “norm-free world.” But is international law really dying — or merely under stress?

For UPSC aspirants, this debate is crucial for GS Paper II (International Relations) and Essay.

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⚖️ The Core Norm: Prohibition on Use of Force

At the heart of modern international law lies Article 2(4) of the United Nations Charter.

It prohibits:

• Threat or use of force

• Territorial aggression

• Coercion against sovereign states

Yet this norm has been repeatedly violated.

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📜 Historical Breaches (But Not Collapse)

Even during the Cold War era, Article 2(4) faced repeated violations:

• Soviet–Afghan War

• Falklands War

• Gulf War

• Iraq War

Despite these conflicts, international law did not disappear.

Instead:

• States justified actions under self-defence

• Legal debates continued

• Normative frameworks remained intact

➡ Even powerful states felt the need to justify their actions legally.

That itself shows the power of norms.

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🧠 What’s Different Today?

Earlier:

• Powers used legal language

• Expanded interpretations of “self-defence”

• Claimed UN legitimacy

Today:

• Increasing brazenness

• Less effort to justify within legal frameworks

• Populist-authoritarian rhetoric

The danger is not just violation — but indifference to legal justification.

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🌐 International Law Is Bigger Than the UN Charter

Reducing international law to war and peace is misleading.

It governs:

• International trade

• Civil aviation

• Maritime law

• Climate change

• Human rights

• Space law

• Investment disputes

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🌊 The High Seas Treaty

United Nations member states recently concluded the High Seas Treaty to protect marine biodiversity beyond national jurisdiction.

This shows:

• Law-making continues

• Multilateral cooperation persists

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⚖️ Judicialisation of International Relations

International courts are expanding:

• International Criminal Court

• African Court on Human and Peoples’ Rights

These institutions:

• Resolve disputes

• Prosecute war crimes

• Strengthen accountability mechanisms

Quietly and steadily.

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🔍 Why International Law Still Matters

1️⃣ Legitimacy Framework

States still care about reputation.

Even when violating norms, they:

• Frame actions as self-defence

• Seek domestic and global legitimacy

2️⃣ Agency for the Weak

Small and developing states rely on international law to:

• Challenge powerful nations

• File cases

• Seek arbitration

Without law → only power politics.

3️⃣ Everyday Functioning

International law ensures:

• Flights operate smoothly

• Internet cables function

• Trade agreements work

• Vaccines are distributed

• Maritime routes remain regulated

It works silently.

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📚 UPSC Relevance

🧠 GS Paper II

• Role of international institutions

• UN reforms

• Global governance crisis

• India’s position on rule-based order

✍ Essay Themes

• “Is the Global Order in Rupture?”

• “Power vs Norms in International Politics”

• “Reforming, Not Replacing, International Law”

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🎯 Balanced Mains Conclusion

While international law is undoubtedly under strain due to geopolitical rivalries and populist authoritarianism, declaring its death ignores the continued legalisation of global relations. The framework governing trade, environment, human rights, and dispute resolution remains active and evolving. Rather than abandoning the liberal international order, the global community must strengthen and reform it to ensure accountability and stability in an increasingly multipolar world.