The struggle to preserve a fair international law

Source: The post “The struggle to preserve a fair international law” has been created based on “The struggle to preserve a fair international law” published in “The Hindu” on 22nd October 2026.

UPSC Syllabus: GS 2: International Relations

Context: The liberal international legal order emerged after the Second World War and is based on respect for international law, multilateralism, human rights, peaceful dispute resolution, and international cooperation. However, rising authoritarianism, armed conflicts, and the selective application of international norms have increasingly challenged this order.

About Liberal International Legal Order (LILO)

1. The Liberal International Legal Order refers to a system of international rules, laws, institutions, and norms designed to promote peace, cooperation, human rights, democracy, and the peaceful resolution of disputes among states.
2. It developed primarily after the Second World War to prevent another global conflict and establish a rules-based international system.

Major challenges to the liberal international legal order

1. Erosion of international law: Powerful states increasingly use force and pursue national interests at the expense of international legal principles, weakening the credibility of the rules-based order.
2. Rise of authoritarianism: Authoritarian leaders are reshaping international norms and institutions to protect their regimes and consolidate power rather than uphold democratic values.
3. Declining respect for human rights: Civil, political, and human rights are being undermined, while accountability for war crimes and crimes against humanity remains inadequate.
4. Weakening of multilateralism: States are showing declining commitment to universally accepted international norms and increasingly favouring unilateral actions over collective decision-making.
5. Institutional weakening: Some governments seek to influence international organisations while restricting their independence and ability to scrutinise state actions.
6. Resistance to international adjudication: Preference for negotiations and quasi-judicial mechanisms over independent third-party adjudication can weaken impartial dispute resolution and accountability.
7. Selective application of international law: Political considerations often influence responses to human rights violations, undermining the principles of equality and fairness.
8. Misuse of sovereignty: The principle of state sovereignty is sometimes invoked to reject international scrutiny, even in cases involving serious human rights violations.

Measures to strengthen the international legal order

1. Strengthen international institutions: International organisations and courts should enjoy greater independence and possess effective mechanisms to ensure compliance with international law.
2. Ensure universal accountability: States must be held accountable for violations of international law, irrespective of their political or economic power.
3. Reinforce multilateralism: Countries should prioritise international cooperation, peaceful negotiations, and established legal mechanisms for resolving disputes.
4. Protect human rights: International institutions should consistently defend civil liberties, human dignity, and fundamental rights without political bias.
5. Promote collective resistance: Courts, civil society, academia, and the United Nations should work together to challenge authoritarian practices and defend the rule of law.
6. Ensure consistent application of norms: International law must be applied fairly and uniformly to all states to prevent double standards and restore institutional credibility.

Conclusion: A fair international legal order requires independent institutions, universal accountability, and consistent respect for international norms. Collective efforts to strengthen multilateralism and resist authoritarianism are essential to preserving global peace, justice, and the credibility of international law.

Question: “The rise of authoritarianism is undermining international law and weakening the institutions established to uphold it.” Discuss the challenges to the liberal international legal order and suggest measures to strengthen it.

Source: The Hindu