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Wallace and Martin-Ortega (2020, p.395) state “international law encounters two contrasting criticisms. Some perceive it as intrusive, interfering in state sovereignty, whereas others regard it as protracting and preserving state sovereignty rather than setting common global standards, to be shared, respected and mutually supported”. With these criticisms in mind, suggest how international law can be leveraged to address a range of the current cascading issues facing the global community (e.g., war, inequality, and the climate crisis).

In your answer, illustrate your understanding of international law and the work of international organizations by using the course material to draw on the sources of international law, the actors of international law, the changing nature and influence of international law, the current challenges of international law, the influence of globalization and the cross-cutting themes discussed in the course (e.g. international human rights, international environment, humanitarian law, refugee law, international criminal law, and international economic law). Use at least three specific examples to clarify your argument(s).

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Sample Answer

 

Leveraging International Law to Address Global Challenges

International law plays a pivotal role in shaping the interactions between states and addressing pressing global issues. Despite facing criticisms regarding sovereignty, international law can serve as a powerful tool for promoting peace, equality, and sustainability on a global scale. By drawing on the diverse sources and actors of international law, as well as examining its changing nature and influence, we can explore how it can effectively tackle current cascading issues facing the global community.

Sources and Actors of International Law

International law derives from various sources, including treaties, customary practices, general principles of law, and judicial decisions. International organizations, such as the United Nations (UN), International Court of Justice (ICJ), and World Trade Organization (WTO), are crucial actors in upholding and enforcing international legal norms. These entities play a key role in facilitating cooperation among states and promoting adherence to international agreements.

Addressing War Through International Humanitarian Law

One area where international law can make a significant impact is in addressing armed conflicts and promoting peace. International humanitarian law (IHL), a branch of international law that governs the conduct of armed conflicts, aims to protect civilians and combatants during times of war. By enforcing IHL through mechanisms like the Geneva Conventions, states can uphold human rights standards even in times of conflict, mitigating the impact of war on vulnerable populations.

Tackling Inequality with International Economic Law

International economic law encompasses rules and regulations that govern economic relations between states, including trade agreements and investment treaties. By promoting fair trade practices, reducing barriers to market access, and fostering economic cooperation, international economic law can help address global inequalities. For instance, initiatives like the Sustainable Development Goals (SDGs) endorsed by the UN highlight the importance of leveraging economic law to promote inclusive growth and reduce disparities between nations.

Combating Climate Crisis through International Environmental Law

The climate crisis represents one of the most urgent challenges facing the global community today. International environmental law, which includes agreements like the Paris Agreement, provides a framework for collective action to mitigate climate change and protect the environment. By setting binding targets for greenhouse gas emissions reductions and promoting sustainable practices, international environmental law can drive global efforts to combat climate change and safeguard the planet for future generations.

Influence of Globalization and Cross-Cutting Themes

Globalization has transformed the landscape of international law by increasing interconnectedness and interdependence among states. This interconnectedness underscores the need for collaborative approaches to address transnational issues like human rights violations, refugee crises, and cross-border crimes. By integrating cross-cutting themes such as international human rights, humanitarian law, refugee law, and economic law into legal frameworks, international law can provide comprehensive solutions to complex global challenges.

In conclusion, while international law may face criticisms regarding sovereignty, its potential to address current global issues cannot be understated. By leveraging the diverse sources, actors, and mechanisms of international law, states can work together to tackle pressing challenges such as war, inequality, and the climate crisis. Through a concerted effort to uphold international legal norms and promote cooperation on a global scale, international law can serve as a cornerstone for building a more just, peaceful, and sustainable world.

Reference

Wallace, D., & Martin-Ortega, O. (2020). International Law. Publisher.

 

 

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