What is the purpose of International Law?

A book that is a compilation of essays of diverse scope and content, including the one that gives the work its title and others, such as El derecho y la política de seguridad colectiva o Los límites y posibilidades del derecho internacional, which is very topical not only because of the armed confrontation of Estados Unidos e Israel with Iránbut also by its legal, political, or economic consequences. Among others, in the first case, the breakdown of the rule of law in the international arena; in the second, the emergence of Ormuz as a strategic center of gravity; and, in the third, the de-dollarization, with the acceleration of energy transactions in yuan.

 

 

Reference Analyzed	Identified Impact
Conflict Estados Unidos/Israel e Irán	Breakdown of the rule of international law
Strait of Ormuz	Emergency as a strategic center of gravity
Transactions in yuan	Acceleration of energy dedollarization

 

In the present case, the breakdown of the rule of law in the international sphere, and specifically of the two basic principles on which it is based collective security system collected in the Carta de las Naciones Unidas, such as the prohibition of the threat or use of force - with the well-known exceptions of self-defense or authorization of Consejo de Seguridad– and the latter's primary responsibility in the maintenance of international peace and securityThis has once again led to questioning the validity, and even the existence, of international law, in a context where a certain skepticism about the instrumental nature of law and its capacity to provide security is gaining prominence.

 

This crisis and this doubt seem to overlook, as we shall see later, that international law, in a state-centric system, is the product of an adjustment between conflicting national interests and that its application is a fundamentally political act.

 

Doubt about the validity or existence of international law persists, despite the efforts made by its founder. Francisco de Vitoria, its systematizer Hugo Grocio And the efforts of both their successors to establish their legitimacy and reality have grown since then, especially since Hobbes, with the objection of the binding legal force of its rulesbecause it lacks an external power to enforce compliance. This weakness, which is real, especially when compared to domestic law, does not mean that, as noted Oppenheiminternational law, however weak, ceases to be law. Moreover, in cases like the armed conflict I'm discussing, the parties to the conflict, by violating international law, They not only do not deny its existence, but they affirm it.They attempt to interpret it in a way that justifies their conduct. Even though this and other violations diminish the legal force of international law and reduce its effectiveness, the resounding, sometimes cynical, assertion of its binding force is significant.

 

In this context, it is striking that some States have not hesitated to denounce the violation of international law by Estados Unidos e Israel and in selling the public an image of staunch defenders of it, ignoring their own violations, particularly in the area of human rights.

 

Some rapes that led to Consejo de Seguridad de las Naciones, at a meeting of heads of state and government held in 1992, to broaden the scope of threats to international peace and security, considering these threats as something that can arise from internal conflicts.

 

Y a KoskenniemiRecalling them in one of her essays, she asked herself what happens if the advancement of human rights implies the destruction of an unjust peace, arguing that when there is oppression instead of autonomy, it does not seem essential that the Formal sovereignty constitutes a barrier against intervention in favor of the populationbecause a state, by oppressing it, undermines its own sovereignty.

 

Despite the undeniable interest of the demonstration of ConsejoIt does not seem likely that it will use its powers in matters of collective security to intervene in these issues, given the limitations that the very Carta imposes on its collective action, or the interest of some permanent members, as is the case of China, in emptying of content any concept related to human rights, or even to the purposes and principles of the Carta, reinterpreting treaties, creating like-minded blocs or promoting alternative structures, based on Cinco Principios de Coexistencia Pacífica which are nothing more than a clear rejection of current international law while at the same time a unlimited instrumentalization of the same.

 

Nevertheless, between problematic consolidation and opportunistic questioning, international law continues to demonstrate its usefulness, since, as it says Henkin"almost all nations observe almost all the principles of international law and almost all their obligations almost all the time."

 

Antonio Viñal
Avco Legal

 

Key points and frequently asked questions about this analysis

 

Why is the existence of international law being questioned in current conflicts?

Skepticism arises mainly from the lack of an external power to enforce compliance with the rules and from the breakdown of basic principles of collective security, such as the prohibition of the use of force without authorization from the Security Council.

 

How do states use international law when they violate it?

Paradoxically, states in conflict do not usually deny the existence of international law; on the contrary, they affirm it through self-serving interpretations to try to legally justify their own actions and conduct.

 

What is the relationship between state sovereignty and human rights according to the analysis?

It is argued that formal sovereignty should not be an absolute barrier against intervention if oppression exists. According to Koskenniemi's view, a state that oppresses its own population undermines its own legitimacy and sovereignty.