Resilience of International Law Amidst Global Power Shifts: Relevance for UPSC GS2

The Hindu - Opinion · 27 Feb 2026 · 2 min read
Prelims · International relations Mains · GS2 International relations High relevance

Despite recent breaches like Russia-Ukraine war and Israel-Gaza conflict, international law remains resilient as evidenced by ongoing treaty negotiations and judicial mechanisms, crucial for maintaining global order and accountability.

Key points

Article 2(4) of UN Charter prohibits threat or use of force in international relations, facing challenges from recent conflicts but maintaining normative authority over state behavior.

[GS2-International Relations] The US withdrawal from international organizations and unilateral actions in Venezuela demonstrate rising populist-authoritarianism as the primary threat to international legal order.

International law's silent functioning continues through trade agreements like India-EU FTA, High Seas Treaty, and pandemic agreements, showing its operational vitality beyond headline violations.

[GS3-Economy] The judicialization of international relations through bodies like ICC and regional courts provides peaceful dispute resolution mechanisms, connecting to India's engagement with WTO dispute settlement.

Monica Hakimi's legalization theory explains how international law compels powerful states to justify actions legally, even when interpretations are contested, maintaining framework relevance.

Historical context shows Cold War-era breaches didn't kill international law, suggesting current crises may similarly test but not destroy the system.

The expansion of international law into trade, climate, and human rights demonstrates its adaptability beyond traditional security concerns.

Way Forward: Strengthen multilateral institutions like UN with reformed decision-making, enhance compliance mechanisms for treaties, and promote Global South leadership in norm-setting to counter authoritarian challenges.

Key terms

Article 2(4) of UN Charter

Fundamental principle prohibiting threat or use of force in international relations, with exceptions for self-defense (Article 51) and UNSC authorization. Its repeated violation by powerful states tests international order but its normative force persists as the legal benchmark for state conduct.

Judicialization of International Relations

Process where international disputes increasingly get resolved through legal mechanisms like ICC, ICJ, and regional courts rather than power politics. Represents institutionalization of rule-based order, though limited by non-participation of major powers like US, China, Russia in some tribunals.

Populist-Authoritarianism

Governance style combining majoritarian rhetoric with executive overreach, manifesting in disdain for international legal constraints. Threatens liberal international order by rejecting multilateralism and legal accountability mechanisms that protect smaller states.

High Seas Treaty

2023 UN agreement conserving marine biodiversity beyond national jurisdictions, exemplifying progressive development of international environmental law. Establishes marine protected areas and benefit-sharing mechanisms, relevant for India's blue economy aspirations.