International law is a normative system in theglobal world because it’s playing a big role in shaping the directions wherethe world is heading to, it serve as a norm by which countries agree togetherin the form of signing treaties (aviation treaties, treaties by the Unitednation, customary treaties, courts) all these organs create a scenario by whichbinding laws are agreed upon to better govern the society.
If international lawwas not set as a standard by which nations can agree upon, the world will be inglobal chaos and confusion. International law is regarded as a strong and aweak system in supporting the well-being of the global world. Most of thepoints extracted will come from the perspective of international law ininternational relations. This will be examine in the following paragraphsbelow; Firstly, Liberal societies in the worldare much more open to the role played by international law. Due to theexistence of strong democratic institutions and constitutional structures,liberal states adhere to the standards of international law. For example aliberal democratic society like Sweden though its political system is based ona socialist structure, will always stand or advocate for the respect ofinternational norms or laws.
This is because the rule of law is highly valuedand respected in its constitution and to set a good standard of governance inthe world, it will stand to respect international law thus making internationallaw as a strong system in supporting the well-being of the global world. Secondly, Non-governmental organizationsplay an important role in Liberal states when it comes to enhancing the rule ofinternational norms and standards. Liberal societies regard non-governmentalorganization like political institutions which play an important role to seethat international law is respected.
A good example of a non-governmentalorganization which has played a significant impact to promote international lawis Amnesty international. The recent crises in Cameroon about the separatistmovement advocating for an independent state from French Cameroon has beenbacked by Amnesty International, which has constantly pressured the Cameroon (Osai, 2018) government to yieldto a genuine dialogue with the separatist leaders without preconditionagreements put forward. Also,Institutionalism has played a great role to support the norms of internationallaw thus regarding international law as a strong system in the globe.
Institutionalism have developed an approach to international law by setting upa standard by which states can cooperate together base on rational interest. Thisgoes inline to incorporate liberal and realist tenets. The various institutionscreated can later be independent organs. A good example of an institution whichwas created was the General Agreement on Tariffs and Trade (GATT), and it waslater established as an independent organisation known as World Tradeorganization (WTO). These institutions created serve as a binding platform topromote some aspect of international law in the trade domain.
Furthermore, constructivism plays animportant aspect to strengthen the norms of international law in the globe.Constructivism is viewed as that aspect of political theory where by the areaof focus is based on norms, culture, ideas and how these perspective influencepolitical decisions. For example human right lawyers see the state as a modelwhere by it has to defend and protect the rights of its citizens, allowingfreedom of expression. The procedure to achieve this objective should be moreincorporated as a social process than a simply legal obligation. Constructivistpoint upholds that in the course of socialization, international norms will berespected (Basak, INTERNATIONAL LAW for INTERNATIONAL RELATIONS, 1974). The points expounded above support theclaim that international law can be regarded as a strong system in the globalworld. Other facts also proves that international law can be regarded as a weaksystem in the international globe.
This can be regarded in the following pointsbelow; Firstly, realist perspective whichemphasize on state power and national security as important aspect in worldpolitics, has cause other powerful state to exert force on smaller states. Thisis viewed as a violation of international law. For example the invasion of Iraqby the USA in 2003 to crush the regime of Saddam Hussein was seen as a grossviolation of international law, such repeated occurrence has been very commonin other areas of the world whereby powerful states use a show of force toexert their military might or punish a weaker state thus regardinginternational law as a week system in the global world. Also the Marxist ideology which emphasizes onclass structures has created the world into two separate camps which thestronger economies are seen to become much stronger and richer at the expenseof other economies.
This has affected weaker states due to the exploitativenature of the stronger states thus leading to a violation of international lawswhich is seen as all states are equal and sovereign. But in reality weakerstates always have less to say or influenced when it comes to decision makingat the international scene. Again international law is consideredweak in the globe because it’s difficult to use it to bring order to a countrywhich it is regarded as a threat to peace and national security. For examplethe USA held an urgent meeting on several occasions to see how it can imposesanctions on different states involve in nuclear development programs such asNorth Korea. Despite the sanctions imposed on North Korea, she has not compromisedits nuclear capability program.
In conclusion, international law can beconsidered as a strong system in the international globe to a greater extend though it still faces some limitations for itto be fully implemented.