This article is written by Abhinav Anand, a student pursuing B.A.LL.B(Hons.) from DSNLU, Visakhapatnam. This article deals with the Scope of International Law. It traces the origins of international law and also discusses the subsequent development. It suggests reforms that need to be done to make the International law more dynamic.

Introduction

International law has become a prominent area in today’s legal field. It has become an area of interest for many law students. The scope of international studies has covered a wide variety of topics. There is exponential growth in different branches of international law. The development of technologies in different countries has made International Trade and other development more frequent. International law helps as a guiding principle in any kind of dispute between states. 

International Law

The International Law consists of the rules and principles governing the relations of the nations with each other as well as the relation between state and individual, and the relation between international organizations. It also covers global common issues such as international waters, sustainable development, environmental problems.  

Need for International Law

In today’s interdependent world, International Law is the least expensive and most efficient way of dealing with international problems. International Law is important because it covers the most important areas such as the refugee crisis, migration, sustainable development, and environmental problems. The traditional international law had limited boundaries wherein it covered the Treaties, Conventions and Covenants. But, gradually the International Law developed and it has addressed the issues of people who are facing discrimination, migration problems, and terrorism. The recent development in international law is Space Law and Drone Law. In the recent Kulbhushan Jadhav case wherein the Pakistan court has awarded him the death sentence on grounds of being a spy. The matter was taken by India to the  International Court of Justice where the court allowed him to have consular access and his death penalty has been halted. The approach by the  Indian Authority was hailed by the world at large. The Court also ordered that Kulbhushan Jadhav must be allowed to meet his family members. This is an example of how the International Court of Justice has protected the Interest of Justice. The reason we need International Law in modern days is that we have seen tussle among superpowers of the World. The superpower adopts different kinds of stealthy and aggressive techniques. So, the International Law will protect from such arbitrary exercise of the superpowers.

Scope of International Law

Interstate relations and their regulation

The International Law has state subjects. When civilized states came into existence then interrelation was natural. A mutual understanding and natural interrelation became necessary. They have framed their own rules, regulations, and treaties for further transactions. The rules and regulations are laid down categorically in these relations because it facilitates the amicable working of the functions between the states. The rules and regulations broadly provide opportunities for different programs to be carried out by different states. The customs followed by the countries have culminated into laws. The same path of evolution is taken by the International Criminal Law that has been codified. The wide variety of subject matter has been covered under International Criminal Law such as extradition treaty, refugees, human rights, and sustainable development.

International organizations

A major development in the 19th and 20th century in International Law is the prominent position of the International Organisations. The operations of these organisations is on the global, regional, and sub-regional level. These organizations seek to achieve the objective of the welfare of people. These organizations are funded majorly by the developed countries and they are actively supporting the developing countries for the betterment of the lives of the people. These organizations have multi-dimensional areas of operations. These are the major International Organisations:

1. World Bank– The World Bank provides economic support to the countries for different kinds of infrastructural development, and also the availability of basic facilities in the developing countries.
2. International Monetary Fund– The IMF helps the countries to manage their balance of payments. The Sovereign Debt Restructuring Mechanism of IMF aims to preserve asset value and preserve the creditor’s rights and also paves the way with the “help agreement” for debtors to grow.
3. World Trade Organisation–  The WTO  supervise and regulate International Trade. This is the largest economic organization in the world. It deals with trade of goods, services and intellectual property among the countries. It provides a framework for negotiation and dispute resolution to countries for efficient trade.  
4. European Union– The objective of the European Union is to promote scientific and technological development, promotion of the internal trade among the European Countries, and solidarity during the time of War.
5. SAARC– The South Asian Association of Regional Corporation is created with the objective of securing peace, and regional harmony among the South Asian Nations. It currently has 8 members. It aims to achieve scientific and technological development.
6. ASEAN– The Association of Southeast Asian Nations is a regional intergovernmental organization comprising 10 countries, which facilitates the economic, social, political, military, educational, and socio-cultural integration among its nation.
7. SCO– The Shanghai Cooperation Organisation is the intergovernmental international organization that aims to promote effective cooperation in politics, trade, economy, technology, and culture. The joint efforts will be made to maintain peace and security in the region. 

Issues of non-state entities and individuals

The non-state actors have played a significant role in maneuvering different important tasks that fall within the ambit of International Law. The non-state actor is a newly emerged concept in the recent past. They are struggling to get legal recognition under International Law. They are economically, financially, and strategically capable of doing things on the ground level. The traditional International Law has not allowed the activities of the non-state actors and also not predicted their existence, but with the sharp rise in the number of people who faced discrimination and oppression in the hands of sovereign governments or the ethnic cleansing of a race from a country, these factors led to the rise of these non-state actors.

According to one definition suggested by Andrew Caplan:

The non-state actors, generally understood as, including any entity that is not a state, often referred to as a terrorist group, religious group, civil society, and corporations.

One of the pivotal reasons for not endowing the NSA with legal powers and giving them legal recognition was that the states in traditional International Law were reluctant to share their powers. The second reason being, when the International law will legitimize the actions of the non-state actors then they also legitimize the unlawful actions of the non-state actors.

The strength of this argument depends upon the nature of the non-state actors it is concerned with. The Civil Society is one of those non-state actors that complained against, President of Congo, for violating human rights on the International Forum. The President was summoned and enquired about the same and the appropriate action was taken against him. The intent and objective of the non-state actors by their activities becomes apparent, and it helps to figure out whether they are helpful or not. There are instances where many multinational corporations, non-governmental organizations, and non-state actors have economic, financial and institutional power, and also can dominate the politics of a country, or change the political symmetry of a country. The regulation through checks and balances must be done to stop the arbitrary actions of these non-state actors. The non-state actors are both a boon and a bane for the emerging economies.

Negative role of the Non-State Actors

1. The state where authoritarianism prevails understood that on the International Forum, the legal responsibility of the non-state actor is not recognized and so they won’t be held liable for any of their deeds. The state uses them as the fig leaves to evade any kind of accountability.
2. This relationship between state and non-state actors is evident when the state turns callous of their acts. The state uses the non-state actors with their contacts and agencies. The non-state actors having the similar ideologies with the state help them in their elections and remove any kind of hindrances in their campaigning.
3. In some cases, the state may not be able to manipulate the non-state actors, but the non-state actors have robust establishment, with institutional and financial dominance in the state. They abuse their position and there are incessant violations of human rights.

Positive Roles of the Non-State Actors

1. In the present scenario, the non-state actors have played an active role in the fields of human rights and the protection of the environment. The organization with the sole objective of advocating human rights has ensured and uplifted the condition of poor people in many countries. The active role played by these organizations has helped the people with disabilities too, as one of these organizations participated in the drafting process of the UN Convention on Rights of Persons with Disabilities. 
2. The non-state actors are allowed to participate in the drafting of conventions on special legal issues. The most effective change brought by the non-state actors is in the field of environmental law. The development of concepts like Sustainable Development and environmental protection got prominence when the non-state actors started campaigning against environmental degradation.
3. The Non-State Actor is concerned with the enforcement of International Law and its norms. The non-state actors and non-government organizations have a positive impact on the national legal systems as they are aware of the International Laws and the non-state actors are also taking part in formulation of plans, and also draft different types of rules and regulations for protection of different entities in the world.
4. The non-state actors play a vital role in supervising the states following international norms and standards. They actively participate in supervising tasks. They also monitor the conduct of the state as to whether they follow the international norms and standards or not.

Role of the Individual in International Law

The individual has been considered as an entity in international law after many decades. The individual has the least participation in international law during the inception stage. The term individual has a wide legal connotation, it is not something limited to a person, it may be an entity, an enterprise or big business conglomerate. The term individual may be a legal person whose job is to secure the rights of people across the globe. The individual is the basis on which the entire international law works because the objective of international law is to protect the interest of the individuals. All the treaties, regulations and customs have benefitted the individual in many capacities. The objective of the International Law is to achieve global justice and resolve the dispute amicably, that ultimately helps individuals. 

The development of many areas in the International Law such as International Human Rights Law with the objective to protect the interest of the individual. The end of World War II led to the establishment of the  United Nations Organisation, after which the concept of International Law flourished and went on to cover many areas. The International Law under the head of International Refugee Laws, seeks to achieve the freedom and rights of the refugees from all countries. The United Nations had signed various conventions for the protection of the environment and sustainable development goals. The individuals also play an important role in international law in various capacities.

Conclusion

The International Law has thrived in many aspects. It has dynamic applicability in the current scenario. The objective of securing global justice for society is the sole aim that should be focused on by the interested entities on the international arena. International Organisations should work more effectively for refugees, hapless victims of wars and terrorism. The pivotal concern of environmental degradation and sustainable development should be addressed on a priority basis. The depleting environment is a bane for the future generations.

LawSikho has created a telegram group for exchanging legal knowledge, referrals and various opportunities. You can click on this link and join: