The legitimacy of international law: challenges and the emerging issues

Abstract

Within academic conversations surrounding traditional international relations inquiry exists an ongoing debate around whether or not we can consider international law legitimate given certain challenges it faces as an operational system. Despite playing vital roles in promoting cooperative relationships between states while also providing frameworks for dispute resolution strategies which sustain global stability over time, issues surrounding authority often call into question its capacity as a legit kindred institution. Enforcement mechanisms simply aren't as centralized or standardized as it is in other legal systems, while other arguments deal with state sovereignty limitations. Supporters argue that legitimacy stems from state consent and supportive treaty obligations, combined with legal precedent set by former decisions. This reliance on factors such as "opinio juris" (shared belief both within and outside of state power circles) is considered an important part of creating enforceable norms on equal footing. The paper aims at understanding the legitimacy of international laws especially considering the emerging issues in the international relations. With this objective, the paper adopts the theory of liberal institutionalism, where it states that the international system requires the existence of a system that will governs its affairs. With states as the main actors in the international system, international law is seen as a product of collective decision-making, where states voluntarily agree to abide by certain rules and obligations. The paper concludes that apart from the challenges to the legitimacy of international law, there are emerging issues like cybersecurity, climate change, evolving nature of the international law which are seeing as factors that pose difficulties to the legitimacy of international law.