The Impact of International Law

By Maya Rosebrugh-Galipeau

I’ve long been fascinated by the ideas of international law, however their effectiveness is questionable given that we do not have international police to enforce the orders and since it operates by consent rather than absolute enforcement.   

What is international law? 

In theory, international law governs relationships between states by creating sets of rules for them to follow. It outlines agreements that 193 United Nation member states have chosen to follow concerning topics like human rights, international peace and security, the law of war, climate change, and economic developments, among others. Most of the time, this form of law outlines principles and ideas that many already abide by, such as no slavery. Countries subscribe to international laws by signing and ratifying formal treaties or protocols which voluntarily bind them to specific obligations. 

How are countries held accountable via international law?

The main judicial body of the United Nations is known as the International Court of Justice (ICJ). As the world’s highest international court, it serves two primary purposes. Firstly, it settles contentious cases, which are legal disputes between states. For example it helps settle territorial disputes. A most recently resolved dispute was between the United Kingdom and Mauritius (a former UK colony that gained independence in 1968) claim on a cluster of islands located in the Indian Ocean known as the Chagos Archipelago. In 2019, the ICJ concluded that the United Kingdom should remove their stake from the area and stated that in 1968 the process of decolonization of Mauritius was not lawfully completed. Through the ICJ the two countries were able to start discussions to resolve their disputes. 

Secondly, they respond to legal questions submitted to it by various UN agencies such as the General Assembly or Security Council. Located in The Hague, in the Netherlands, the ICJ replaced the Permanent Court of International Justice which formerly operated under the League of Nations. 

All UN member states are required to recognize the existence of the court and call on its services when necessary. 

What happens when there is a breach?

Apart from the ICJ, the United Nations Security Council determines any threats to peace and can authorize the use of military force when a peaceful outcome is not effective or resort to coercive methods. However, potential issues arise as the five permanent members- notably the United States and Russia- have veto power which allows them to block any substantive resolution, even if it has 9+ votes. Russia is the most frequent user of the veto, having used it more than 130 times since 1946 and more recently, over 24 times specifically to block resolutions regarding Syria and its actions in Ukraine. 

Some experts question whether it is fair that only 15 member states are able to make decisions and block resolutions that impact 193 of the member states. To this day more than 50 UN member states have never been members of the Security Council. This however does not mean that they are not involved in the process, rather that they have no vote but are able to be involved in the discussions with parameters set out by the Council. 

The International Criminal Court conducts trials for serious breaches of International Criminal law, however they are typically focused on the leaders of groups who have committed these crimes. (Butchard 2020) 

The World Trade organization can furthermore establish panels to hear disputes and offer conciliation and mediation frameworks. 

The Bilateral Investment Treaties- a branch of the World Bank organization- also allows for arguments to be taken to the International Center for the Settlement of Investment Disputes for a final decision. This can be done by states, individuals and private companies, and serves to resolve investment disputes by offering a neutral and efficient legal framework.  

How are these laws decided? 

There are five main ways in which international laws are chosen, the most common being through treaties, which are written agreements between states or international organizations. For instance, in 1945 the UN charter was signed to establish the United Nations as an organization aimed at promoting international peace and encouraging global cooperation. Any agreements, conventions, protocols, charters, covenants, pacts also fall under this category. 

The next method is through customary international law, such as the principle of non-intervention which bans states from directly or indirectly interfering in affairs of another sovereign state. These unwritten sources of law are “based on customary practices and an accepted belief that the practice is binding”. (Butchard 2020) 

The third way is through following the general principles of law that are implemented by following common legal practices of nations. 

The fourth source of international law is Jus Cogens (Peremptory Norms) which are a fixed and unchanging status of rules. In the case of a treaty being incompatible with a peremptory norm, the rule becomes void. Namely, the prohibition of Genocide and the prohibition of Crimes Against Humanity. These are fundamental principles of international law that are binding on all states and therefore not be revoked. 

Lastly, the United Nations Security Council, run by 15 member states- the permanent members being the United Kingdom, United States, France, Russia and China- created binding Resolutions that have been adopted within international law. 

What are some shortcomings within international law?

Since there is no single central authority, international organizations can have a more limited impact and it becomes difficult to make convictions. If one powerful country does not agree with what is determined then there is not much that can be done. International law relies on cooperation and without it progress is stalled. 

If all countries worked together and abided by the rules of international law, regardless of the impact it may have on their rule or power as a state, then it would be much easier to achieve world peace. However, this is not always the case. 

Work Cited

Butchard, Patrick. “Principles of International Law: A Brief Guide.” House of Commons Library, 14 May 2021, commonslibrary.parliament.uk/research-briefings/cbp-9010/.

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Callahan, Molly. “The Shackles of the United Nations Security Council Veto, Explained.” Northeastern Global News, 14 Apr. 2022, news.northeastern.edu/2022/04/14/united-nations-security-council-veto/.

English, BBC Learning. “BBC Learning English - International Law Explainers / the Weakness of International Law.” BBC Learning English, 2019, www.bbc.co.uk/learningenglish/features/international_law_explainers/9_the_weakness_of_international_law.

Steven Barrett - Barrister. “What Is International Law?” YouTube, 6 Jan. 2026, www.youtube.com/watch?v=n5ir2qzyG-I. Accessed 23 Mar. 2026.

United Nations. “Current Members | Security Council.” Main.un.org, United Nations, 2024, main.un.org/securitycouncil/en/content/current-members.

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---. “What Is the International Court of Justice and Why Does It Matter? | UN News.” News.un.org, 10 Jan. 2024, news.un.org/en/story/2024/01/1145392.

---. “What Is the International Court of Justice? The Role and Activities of the ICJ.” YouTube, 24 Oct. 2017, www.youtube.com/watch?v=DME-wfbt08c.

Waitzman, Eren. “UK-Mauritius Treaty on the Chagos Archipelago.” House of Lords Library, 26 June 2025, lordslibrary.parliament.uk/uk-mauritius-treaty-on-the-chagos-archipelago/.

Wilkinson, Stephen. “Does International Law Still Matter?” International Humanitarian Law Centre, 2026, www.diakonia.se/ihl/news/does-international-law-still-matter/.