By JJ. Baloch
This opinion piece posits that international law is no longer what state consent says it is, reflecting a profound transformation in the 21st century. Historically, international law was predominantly characterised by the principle of state sovereignty, where the consent of states was paramount in the creation and application of legal norms. However, recent developments indicate a shift towards a more pluralistic and inclusive legal framework that integrates diverse voices and actors, transcending the traditional confines of state-centric governance. This essay critically evaluates this evolution by examining key developments in international law, jurisprudence, and academic scholarship, ultimately arguing that this transformation is necessary and indicative of a more responsive and adaptable legal system that addresses contemporary global challenges.
One of the most significant developments in international law has been the increasing recognition of non-state actors, including international organisations, non-governmental organisations (NGOs), and multinational corporations. These entities have emerged as influential participants in the international legal system, shaping norms and influencing state behaviour. For instance, the rise of NGOs in human rights advocacy has led to the establishment of various international treaties and conventions that reflect the concerns and needs of marginalised groups. The involvement of these actors has challenged the traditional notion that state consent is the only legitimate basis for international legal obligations, paving the way for a more inclusive approach that considers the perspectives of diverse stakeholders.
A critical examination of the Universal Declaration of Human Rights (UDHR) illustrates this shift. Adopted in 1948, the UDHR was a product of a post-World War II consensus among states, reflecting a collective commitment to human dignity. However, non-state actors who advocate for human rights at local, national, and international levels have significantly influenced its implementation. The influence of organisations like Amnesty International and Human Rights Watch has pressured states to adhere to international human rights standards, often in the absence of their explicit consent. This dynamic illustrates that the legitimacy of international law increasingly derives from its ability to reflect the values and aspirations of a broader constituency rather than merely from the consent of states.
Moreover, the emergence of international criminal law represents a paradigm shift that challenges the principle of state sovereignty. The establishment of the International Criminal Court (ICC) and the prosecution of individuals for crimes such as genocide, war crimes, and crimes against humanity underscore the idea that individuals can be held accountable under international law, regardless of state consent. The principle of universal jurisdiction has further expanded the reach of international law, allowing states to prosecute individuals for heinous crimes committed outside their borders. This evolution signifies a departure from the traditional state-centric model, highlighting the increasing importance of individual accountability and the role of international institutions in enforcing legal norms.
The jurisprudence of international courts and tribunals has also evolved to reflect this pluralistic approach. Decisions from the International Court of Justice (ICJ) and regional human rights courts often incorporate perspectives from various stakeholders, including civil society and marginalised communities. The ICJ’s advisory opinions, for instance, have addressed issues such as the legality of the use of nuclear weapons and the consequences of the separation of the Chagos Archipelago from Mauritius, reflecting a broader understanding of international law that encompasses environmental, social, and economic concerns. Such rulings illustrate a shift from a purely state-centric interpretation of international law to one that acknowledges the interconnectedness of global challenges and the need for collective action.
Academic scholarship has played a crucial role in articulating and conceptualising these changes in international law. Scholars have increasingly emphasised the importance of a pluralistic approach that recognises the contributions of various actors in shaping legal norms. The works of theorists such as Anne-Marie Slaughter and Martti Koskenniemi highlight the need to move beyond the traditional state-centric paradigm and embrace a more inclusive understanding of international law. Slaughter’s notion of “transnational networks” exemplifies how non-state actors collaborate across borders to address global issues, challenging the notion that state consent is the sole basis for legal authority. Similarly, Koskenniemi’s critique of the fragmentation of international law underscores the necessity of integrating diverse perspectives to create a more coherent and effective legal framework.
Additionally, the increasing salience of global challenges such as climate change, migration, and pandemics necessitates a reevaluation of international law’s foundations. These issues transcend national borders and require collective action from many actors. For example, the Paris Agreement on climate change represents a collaborative effort that relies on the participation of states, subnational entities, businesses, and civil society. This multilevel governance approach challenges the traditional notion of state consent, as effective responses to global challenges often require flexibility and adaptability in legal frameworks that can accommodate diverse contributions.
The role of technology in shaping international law cannot be overlooked. The digital age has facilitated the emergence of new actors and platforms that influence legal norms and practices. Social media, for instance, has provided a space for advocacy and activism, enabling previously marginalised voices to participate in international discourse. Movements such as #MeToo and Black Lives Matter have mobilised global support, leading to calls for legal reforms that reflect the values of diversity and inclusion. This phenomenon illustrates that international law is increasingly shaped by public sentiment and grassroots movements, further diminishing the primacy of state consent in determining legal norms.
In conclusion, the assertion that “international law is no longer what state consent says it is” captures the essence of a transformative evolution in the 21st century. The integration of non-state actors, the emergence of international criminal law, the evolving jurisprudence of international courts, academic scholarship advocating for a pluralistic approach, and the pressing need to address global challenges all contribute to a more inclusive and responsive international legal system. This shift challenges the traditional notion of state sovereignty and consent, reflecting a legal framework that recognises the complexities of our interconnected world. As international law continues to evolve, it must remain adaptable, inclusive, and reflective of the diverse voices and experiences that shape our global community.
About the Author
Mr JJ Baloch is an eminent novelist, humanist poet, scholar, blogger, law enforcement educator and senior police officer. He has an LLM in Security and International Law from the University of Manchester, UK, and an MSc in Criminal Justice Policy from the London School of Economics and Political Science, London, UK. He also has an MA in international relations and an MA in sociology from the University of Sindh Jamshoro and is presently doing his PhD in crime sciences. Professionally, Mr JJ Baloch is a senior police officer (DIG) at the Police Service of Pakistan with 25 years of experience. He has written 14 fiction and non-fiction books. His famous books include “Reimagining Policing in Pakistan: Problems and Prospects for Reform, Innovation, and Change (2022)”, “Kashmir’s Right to Self-determination: A Legal and Normative Reappraisal (2023)”, “The Kingdom of Indifference: A Philosophical Probe into the Missing Soul of Society (2025)”, and “Raks-e-Kainat: A Timeless Mystic Urdu Poetry Collection (2025).”
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