In Defence of International Law

About the Author: Lucia Williams, incoming LVF Stewardship Committee member, doctoral student at University College London, specialising in sustainability and insurance law, and Consultant in the Environmental Sustainability & Biodiversity team at global law firm Clyde & Co LLP.

Tears swell in my eyes while I listen to commentary about the demise of international law, as we go back to a world where “might is right”, following recent events in Venezuela. I try to console myself by thinking that neither I nor my family have anything to fear – I am a white woman from a privileged background, with a US passport, living in a European capital, as do my nearest and dearest. I also heard about Venezuelans in the US celebrating in the streets the fall of a despotic leader and looking forward to a brighter future for the country (though what happens in the next days and weeks will be telling). As to Greenland – it will surely be up to its people to decide its fate. So why should I dread, or even care about what is happening to the international legal order?

Yes, I am a lawyer. But as any lawyer knows, law can be a pretty malleable thing. Lawyers seem to have uncanny survival instincts and have been beavering away through history’s thick and thin – if anything, often profiting from geopolitical turmoil. I’m sure plenty of my fellow practitioners wouldn’t have been that displeased if their phones rang off the hook over the past few days, as clients panicked about how unfolding events might impact their business interests, or raced to make the most of the opportunities. Chevron’s share price increased by 7%, just saying. 

So why the tears? I think it’s down to the intimate convictions I have developed through a life blessed with learning, travel, debate, friendship and love, which has shaped my belief in the ultimate goodness of human beings, regardless of their nationality, ethnicity, gender, religion or socioeconomic background, and the attendant need to protect humanity as a whole. Is this naive? Perhaps. Are there plenty of obtuse, selfish and even evil people around? Sure. Some say greed and violence are just part of human nature. But the needle on the scale of humanity, in my view, tends to good, or, at the least, neutral. As members of a species, we all have broadly the same basic physiological needs: food, shelter, safety. And I’ve seen valiant efforts made, throughout my lifetime, to protect humans living on our finite planet – through international collaboration and some enlightened leadership too. The worst conflict the world had seen, in the last century, gave rise to the best examples of this, embodied in the international legal order. The prediction of its end pains and worries me profoundly.

This explains my tears, but not why the collapse of international law would be an utter tragedy, nor why humanity needs an international legal order in the first place. After all, as I’ve admitted, my beliefs are rooted in my life experience, which will be very different from someone else’s. What if my faith in human goodness is just plain stupid? And caring about fellow humans, particularly far away strangers, is arguably a personal moral choice. Why wouldn’t it be right, or desirable, that every nation do its utmost to advance itself at the expense of others? Why should it be constrained by some rules of play? 

Say we shelve for a minute the understanding of intrinsic human dignity and importance of self-determination and keeping one’s word (pacta sunt servanda), articulated in some of humanity’s greatest intellectual, political and moral achievements to date – the UN Charter, the Universal Declaration of Human Rights, the Vienna Convention on the Law of Treaties among other milestones of international law. And let’s ignore what made them possible – all the efforts from great thinkers and leaders, civil society and normal people who worked, fought, argued, voted and sacrificed, in order to bring peace, affirm inalienable rights and advance human progress, from the enlightenment to the civil rights movement and beyond.

Even setting all that aside, there is a direct correlation between long term peace and prosperity. We no longer live in a world where it takes months to cross an ocean and land is conquered with muskets and cannonballs. Incredible scientific and technological advances have brought humans closer together, but also afforded them the power to wreak greater havoc than ever before. Why not put valuable human and technical resources into curing diseases, protecting our environment, watching out for errant asteroids and beings in other galaxies, and making life more beautiful and pleasant, rather than in defending borders from enemies and grabbing territory while chasing the dream of domination in the endless fear of mutual annihilation? Greed begets envy, violence begets revenge, war begets destruction. 

To keep peace, you need rules, and rules need to be respected and upheld, not breached and denigrated. Those rules can’t be based on short-term transactional interests either, or some idea of “zones of influence” – because what happens, then, when the interests change or the resources in another zone become irresistibly appealing? No, they must be based on long-term aims, common understanding and constant commitment. The main aim of the UN as articulated in its Charter is maintaining global peace. Surely everyone can get on board with that.

Yet it may be tempting to wonder “what’s the international legal order ever done for me or for the world, when so much is going wrong?” in the same way a person with a broken leg  (or even several limbs) might focus on their ailment and take for granted all the circumstances that support their otherwise healthy body. Let’s not throw the baby out with the bathwater and wait until it’s too late to regret what has been lost. Cynicism, fear, greed, the fading collective memory of past struggles and disinterest in conflicts that feel too distant seem to be imperilling the international legal order. The greatest dangers may arise when the most privileged and powerful fail to set the right example. 

The likely outcome of collapsing multilateralism would be, as ever, that the poorest and weakest bear most of the brunt – be it through the consequences of conflict, worsening natural catastrophes or mass unemployment. Though it’s also a good time to remember that the seemingly poor and weak can shape the course of history. A lone wolf terrorist can cause destruction. But an Indian ascetic, a black pastor from Atlanta or a Swedish schoolgirl can spur movements that guide millions. Let’s put some faith in human agency, as we are, at least for now, in the privileged position where some decisions are in our hands. The international legal order is not perfect; far from it. But let’s believe in international law, engage with it, reform it if necessary, and abide by it.

All is not lost, and many powerful, knowledgeable and experienced people are doing their level best to protect the international legal order, engage in diplomacy and foster peace. I want to add, here, my modest voice – not as some eminent scholar or leader or philanthropist, but rather as one of many thinking, feeling humans – to what I hope will be a great cry in recognition of our common humanity and in defence of international law; in the conviction that collaboration is the only way that we, as humans, can prepare for the present and future challenges we face.