About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

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 54 plceenetOr g Journal of PolAics and Law 'Vol. 1L. No. 3:; 20 18

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 3,000 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline with pricing starting as low as $29.95

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Login

profiles profiles most