{"id":221496,"date":"2023-01-07T20:08:44","date_gmt":"2023-01-07T14:38:44","guid":{"rendered":"https:\/\/blog.forumias.com\/?p=221496"},"modified":"2023-01-07T20:08:44","modified_gmt":"2023-01-07T14:38:44","slug":"the-crisis-in-international-law","status":"publish","type":"post","link":"https:\/\/forumias.com\/blog\/the-crisis-in-international-law\/","title":{"rendered":"The crisis in international law"},"content":{"rendered":"\n

Source<\/strong>– The post is based on the article \u201cThe crisis in international law\u201d <\/strong>published in The Hindu <\/strong>on 6th January 2023<\/strong>.<\/p>\n

Syllabus: <\/strong>GS2- International relations<\/p>\n

Relevance<\/strong>– Impacts of emerging world order<\/p>\n

News<\/strong>– The article explains the challenges created by emerging global order and rising populism for international law<\/p>\n

What has been the shape of global order after the 2nd world war?<\/strong><\/h5>\n

After the second world war, the world order was bipolar<\/strong>. There was great power competition <\/strong>between a \u2018capitalist\u2019 America<\/strong> and a \u2018communist\u2019 Soviet Union<\/strong>.<\/p>\n

The end of the Cold War led to the disintegration of the Soviet Union<\/strong> and the collapse of communism<\/strong>. This \u2018unipolar\u2019 moment <\/strong>promoted multilateralism<\/strong> and led to \u201crelative harmony\u201d <\/strong>among the major powers for almost three decades.<\/p>\n

However, during this period, NATO bombed Kosovo and the Western forces invaded Iraq in complete disregard to the UN Charter.<\/p>\n

This phase saw the spread of democracy, <\/strong>greater acceptance of universal human rights, and a global consensus<\/strong> for maintaining international rule of law<\/strong>.<\/p>\n

How has the changing global order in recent times impacted international law?<\/strong><\/h5>\n

We have entered a multipolar world<\/strong>. These universal values<\/strong> are under threat.It involves the securitisation of international law. There is increasing rivalry between major powers. There is the decline of \u2018liberal\u2019 Wes<\/strong>t and the rise of an \u2018autocratic\u2019 China<\/strong> and \u2018expansionist\u2019 Russia<\/strong>.<\/p>\n

China is now flexing its muscles. It is weaponizing international law<\/strong>. China views law as an instrument in the service of the state. This is diametrically opposed to the rule of law theor<\/strong>y in liberal democracies<\/strong> where the law\u2019s function is to constrain uncontrolled state power.<\/p>\n

Under the Chinese and Russian versions, the territorial integrity<\/strong> of nations and the sovereignty<\/strong> of states doesn\u2019t quite matter.<\/p>\n

The Russian approach<\/strong> towards international law believes that the basis of international law is not universal but cultural and civilisational distinctness<\/strong>. It distinguishes between countries that are truly sovereign and countries that possess nominal or limited sovereignty<\/strong>, such as Ukraine.<\/p>\n

The geo-economic order<\/strong> has been impacted by economic protectionism<\/strong>. The U.S. is desperate to ensure its continued hegemony<\/strong>. It is backtracking on the neoliberal consensus of interdependence<\/strong> and non-discrimination in international economic law<\/strong>.<\/p>\n

The U.S. has rejected the recent WTO panel reports that held the U.S.\u2019s protectionist industrial policies<\/strong> masquerading as national security objectives<\/strong> illegal.<\/p>\n

The U.S. has also weakened the WTO\u2019s effective dispute settlement mechanism<\/strong> by continuously blocking the appointment of the Appellate Body<\/strong> members.<\/p>\n

How the rise of populism is impacting international law?<\/strong><\/h5>\n

2023 will continue to face challenges from populist and ethno-nationalist regimes<\/strong> in several countries such as Hungary, Turkey, Poland, and Israel. Populists’ leaders attack the legitimacy of international law<\/strong>. They refer to it as foreign law,<\/strong> which is inimical to their national interests. It is often reduced to a mere law of coordination<\/strong>.<\/p>\n

Populists also attack international institutions and international courts for preventing them from pursuing the interests of the \u2018pure\u2019 people<\/strong> they claim to represent. They enact domestic laws to protect the ethnic identity of the \u2018pure\u2019 people<\/strong> even if these laws undermine international.<\/p>\n

 <\/p>\n","protected":false},"excerpt":{"rendered":"

Source– The post is based on the article \u201cThe crisis in international law\u201d published in The Hindu on 6th January 2023. Syllabus: GS2- International relations Relevance– Impacts of emerging world order News– The article explains the challenges created by emerging global order and rising populism for international law What has been the shape of global… Continue reading The crisis in international law<\/span><\/a><\/p>\n","protected":false},"author":10320,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"footnotes":""},"categories":[1230,9],"tags":[212,10498],"class_list":["post-221496","post","type-post","status-publish","format-standard","hentry","category-9-pm-daily-articles","category-public","tag-gs-paper-2","tag-the-hindu","entry"],"jetpack_featured_media_url":"","views":"","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/221496","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/users\/10320"}],"replies":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/comments?post=221496"}],"version-history":[{"count":0,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/221496\/revisions"}],"wp:attachment":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media?parent=221496"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/categories?post=221496"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/tags?post=221496"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}