Strengths And Weaknesses Of International Law System
International law is a normative system in the global world because it’s playing a big role in shaping the directions where the world is heading to, it serve as a norm by which countries agree together in the form of signing treaties (aviation treaties, treaties by the United nation, customary treaties, courts) all these organs create a scenario by which binding laws are agreed upon to better govern the society. If international law was not set as a standard by which nations can agree upon, the world will be in global chaos and confusion. International law is regarded as a strong and a weak system in supporting the well-being of the global world. Most of the points extracted will come from the perspective of international law in international relations. This will be examined in the following paragraphs below.
Firstly, Liberal societies in the world are much more open to the role played by international law. Due to the existence of strong democratic institutions and constitutional structures, liberal states adhere to the standards of international law. For example a liberal democratic society like Sweden though its political system is based on a socialist structure, will always stand or advocate for the respect of international norms or laws. This is because the rule of law is highly valued and respected in its constitution and to set a good standard of governance in the world, it will stand to respect international law thus making international law as a strong system in supporting the well-being of the global world.
Secondly, Non-governmental organizations play an important role in Liberal states when it comes to enhancing the rule of international norms and standards. Liberal societies regard non-governmental organization like political institutions which play an important role to see that international law is respected. A good example of a non-governmental organization which has played a significant impact to promote international law is Amnesty international. The recent crises in Cameroon about the separatist movement advocating for an independent state from French Cameroon has been backed by Amnesty International, which has constantly pressured the Cameroon government to yield to a genuine dialogue with the separatist leaders without precondition agreements put forward.
Also, Institutionalism has played a great role to support the norms of international law thus regarding international law as a strong system in the globe. Institutionalism have developed an approach to international law by setting up a standard by which states can cooperate together base on rational interest. This goes inline to incorporate liberal and realist tenets. The various institutions created can later be independent organs. A good example of an institution which was created was the General Agreement on Tariffs and Trade (GATT), and it was later established as an independent organisation known as World Trade organization (WTO). These institutions created serve as a binding platform to promote some aspect of international law in the trade domain.
Furthermore, constructivism plays an important aspect to strengthen the norms of international law in the globe. Constructivism is viewed as that aspect of political theory where by the area of focus is based on norms, culture, ideas and how these perspective influence political decisions. For example human right lawyers see the state as a model where by it has to defend and protect the rights of its citizens, allowing freedom of expression. The procedure to achieve this objective should be more incorporated as a social process than a simply legal obligation. Constructivist point upholds that in the course of socialization, international norms will be respected.
The points expounded above support the claim that international law can be regarded as a strong system in the global world. Other facts also proves that international law can be regarded as a weak system in the international globe. This can be regarded in the following points below;
Firstly, realist perspective which emphasize on state power and national security as important aspect in world politics, has cause other powerful state to exert force on smaller states. This is viewed as a violation of international law. For example the invasion of Iraq by the USA in 2003 to crush the regime of Saddam Hussein was seen as a gross violation of international law, such repeated occurrence has been very common in other areas of the world whereby powerful states use a show of force to exert their military might or punish a weaker state thus regarding international law as a week system in the global world.
Also the Marxist ideology which emphasizes on class structures has created the world into two separate camps which the stronger economies are seen to become much stronger and richer at the expense of other economies. This has affected weaker states due to the exploitative nature of the stronger states thus leading to a violation of international laws which is seen as all states are equal and sovereign. But in reality weaker states always have less to say or influenced when it comes to decision making at the international scene.
Again international law is considered weak in the globe because it’s difficult to use it to bring order to a country which it is regarded as a threat to peace and national security. For example the USA held an urgent meeting on several occasions to see how it can impose sanctions on different states involve in nuclear development programs such as North Korea. Despite the sanctions imposed on North Korea, she has not compromised its nuclear capability program.
In conclusion, international law can be considered as a strong system in the international globe to a greater extend though it still faces some limitations for it to be fully implemented.
