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11 J. Pol. & L. 53 (2018)
Developing International Law in Challenging Times

handle is hein.journals/jpola11 and id is 278 raw text is: 





health crises, climate change, gender inequality, global terrorism, cyber insecurity (eg. the 2008 cyber-attacks on
Georgia, the alleged interference by Russia in the 2016 US elections, etc.) (Swaine, 2008), rising challenges to
intellectual property rights, questionable international trade practices, etc., goes a long way to test the adaptability.,
dynamism   and  robustness of international law. This has necessitated the need for academics,  scholars and
practitioners of international law to think of innovative ways by which international law could be framed or
reshaped to deal with all these challenges in a much effective manner (Chauvet, 2017).
This paper aside contributing to the existing literature on the subject of international humanitarian law (11-IL) and
international investment law (IIL) also proposes a different approach to handling issues. Thus, it recommends the
application of practical models for resolving pertinent issues that have gradually engulfed the effective practice,
implementation,  and development   of IHL,  IIL, and other aspects of international law. It must however  be
emphasised  that the paper does not purport to be a panacea to the numerous challenges that faces researchers and
practitioners alike in their attempt at developing and  strengthening coherent international laws, rules and
regulations; neither can it serve as an antidote to cure states of their sometimes genuine (and even ill-willed)
positions and national interests. It instead recommends that taking a closer look at the suggested approaches (as
elaborated below) could rather create a relatively win-win situation for all actors and make our world a more
peaceful and secured place for us and for posterity.
1.1 Methodology
The methodology   adopted for the study is the qualitative approach. This is due to the fact the approach is much
suitable for explanatory and descriptive studies (Babbie, 2004). Adopting this approach enabled the authors to
dwell on existing works in the field that have focused on researching on how to develop international law and
ensure compliance to meet the challenging circumstances of the world. The adoption of a qualitative approach of
analysis aid the researchers in obtaining relevant data on the topic under discussion which consequently resulted in
obtaining a rich and in-depth insight into the research questions (Patton, 2005). The approach also enabled the
researchers to begin the study with a philosophical assumption and offered the opportunity for the researchers to
bring on board their own perspective about the issue under discussion and finally created a platform for the use of
interpretive and theoretical frameworks to further shape the study in order to arrive at meaningful conclusions
(Creswell, 2012).
The  study primarily relied on secondary sources of information such as documents  from  the internet, journal
articles, policy documents as well as other important reading materials such as the dailies, press releases, news
items and official reports.
1.2 Outline o 'the Paper
The paper is divided into five major sections. The first section as can be seen above, gives an introduction to the
paper by drawing  attention to the fact that there are indeed a number of challenges facing international law in
contemporary  times. The section then throws light on the significance of the study and concludes by outlining the
methodology  ithat the authors adopted in undettaking this study.
The second  part of the paper identifies some of the key challenges related to the development of and compliance
with international law. This is then followed by the third section which proposes five thematic areas through which
international law can be developed  and its compliance enhanced.  Whereas  the authors give their concluding
remarks in the fourth section, the final section (section five) is dedicated to recommendations on the subject tinder
consideration.
2. Challenges to the Effectiveness of International Law in Challenging  Times
Studies have shown  that there has always been a connection between international trade and investment law, as
well as sovereign debt, the conduct of multinational corporations, human rights, and climate change, and that
these issues have not been effectively addressed by the existing international law instruments (Fitzgerald, 2015).
It has been argued that the existing international instruments and mechanisms actually tend to impede action to
address the most pressing issues of the day and that althouch the incremental improvements of the existing legal
instruments are useful, the current grave human rights violations calls for serious remedies and not merely
soft-law voluntary codes and mediation (Fitzgerald 2015, p. 2).
2.1 Politics and Power Struggle in the International System
The  interplay of politics in the international arena as well as the quest for power by States in the international
system is an undisputed phenomenon  that cannot be ruled out if one is making an analysis of factors that hinder the
effectiveness of international law in recent times. In other words, the differences in ideology between states,
especially, between the West  ard the East/North and  South, have  permeated the practice ard  applicatior of


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