[Answered] Discuss the challenges and limitations of international law in enforcing compliance among nations, with reference to the recent violations of international treaties and agreements.

International law is the set of rules governing the conduct of global countries and other actors in the international arena. It is a body of law that is created and enforced by countries. Nations face various challenges in enforcing compliance with international laws which can be seen during the Israel-Gaza war, Ukraine- the Ukraine-Russia war which has led to scholars calling “death of international law” due to massive devastation to life and property.

Key challenges and limitations

• Sovereignty Concerns: Nations often prioritize their sovereignty and may be reluctant to cede authority to international bodies. This can hinder the enforcement of international law, as countries may resist external interference in their domestic affairs.
• Weak International Institutions: One major drawback is the absence of a strong international enforcement framework. International organizations like the United Nations may lack the power or funding necessary to successfully enforce adherence to international law.
• Emerging Threats: Conventional legal frameworks face difficulties from issues like cyberwarfare, environmental degradation, and global health catastrophes like COVID-19, as they may not have fully foreseen or addressed these quickly changing issues.
• Power dynamics: Stronger countries, especially the P5, might be able to influence or sidestep international legal repercussions, which would lead to an imbalance in enforcement. This has the potential to erode the legitimacy and efficacy of international law.
• Security Council Dynamics: The veto power possessed by its permanent members presents difficulties for the United Nations Security Council, the principal international organization in charge of preserving peace and security. This frequently results in political considerations impacting enforcement operations.
• Absence of Universal Ratification: Certain countries may not be bound by certain accords since not all countries have the authority to ratify or accede to international treaties. This results in a fragmented legal landscape. Eg, many nations have not ratified crucial treaties like the Treaty on the Non-Proliferation of Nuclear Weapons, Kyoto Protocol, or Convention on the Prevention and Punishment of the Crime of Genocide.

Conclusion

International law and the institutions that support it are not perfect. However, in their absence, the world would be a terrible place. International law, particularly international humanitarian law, is not universally followed, although there is a universal desire to do so. To become a tool that keeps the powerful in international relations accountable, international law needs to be shaped and highlighted. Improving international collaboration, bolstering international institutions, encouraging a compliance culture, and resolving power disparities are essential steps in tackling these issues and advancing the implementation of international law.