International Law As “Law” - An Analysis Of Veto Politics And Weak Enforcement Mechanisms

Abstract

International Law has historically been given prime importance. Many jurists have discussed and criticized international law in their works, especially the works like Al - Siyar al - Saghir and Al - Siyar al - Kabir by Imam al-Shaybani. This paper does not primarily concern or deal with the historical evolution of international law, rather it examines the contemporary crisis of enforcement in the realm of modern international legal order. It has been tried to prove that contemporary international law, in its practical operation, fails to be recognized as a law in the true sense, and is against the spirit of law. The reason being so is that international law does not meet the essential characteristics of a law. This study critically examines how the structure of the United Nations, specifically the veto powers exercised by the five permanent members of the Security Council under Article 27 of the UN Charter, undermines the principle of sovereign equality as embodied under Article 2(1) of the Charter, and weakens the impartial enforcement of international law. The paper seeks to critically evaluates the true nature of international law in jurisprudential sense, vis a vis the crisis of enforcement in international law.