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The Assault on Multilateralism and the Relevance of International Law
Context:
Rising anti-internationalist sentiment, particularly in the United States under the Trump administration, has challenged the efficacy of Multilateralism and international law which form the backbone of the global rules-based order. This trend presents both challenges and opportunities, particularly for emerging global powers like India.
Recent Cases of Challenges to Multilateralism
- The DEFUND Act and the Legitimacy of the United Nations (UN)
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- The Disengaging Entirely from the United Nations Debacle (DEFUND) Act, proposed by U.S. Senator Mike Lee, seeks to withdraw the U.S. from the UN.
- Key implications:
- Repeal of UN Participation Act (1945) and UN Headquarters Agreement (1947).
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- Severing financial contributions to the UN.
- Halting U.S. participation in UN peacekeeping missions.
- Revoking functional immunity of UN officials in the U.S.
- Consequences:
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- Weakening of the UN’s role in peacekeeping, human rights, and global cooperation.
- Reduction in the UN’s capacity to mediate conflicts and enforce international norms.
- U.S. Sanctions on the International Criminal Court (ICC)
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- The Trump administration imposed sanctions on the ICC on February 6.
- The ICC, headquartered in The Hague, prosecutes genocide, crimes against humanity, and war crimes.
- U.S. allegations against the ICC:
- Biased actions targeting U.S. interests and allies (e.g., Israel).
- Lack of legitimacy in prosecuting non-signatory states.
- Contradiction: The U.S. historically led post-WWII tribunals (e.g., Nuremberg Trials), yet now undermines international accountability.
- Global impact:
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- Weakens the principle of universal justice.
- Undermines efforts to hold war criminals and authoritarian regimes accountable.
- Economic Nationalism and the WTO Crisis
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- The U.S. has adopted protectionist policies reminiscent of the Smoot-Hawley Tariff Act (1930), which contributed to the Great Depression.
- Key actions affecting WTO:
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- Blocking appointments to the WTO Appellate Body, paralysing the dispute resolution mechanism.
- Potential withdrawal from WTO, challenging the multilateral trade order.
- Consequences:
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- Economic instability due to trade disruptions.
- Legal uncertainty in enforcing trade agreements.
- Weakening of the rules-based economic order.
Consequences of U.S. Unilateralism
- Weakened global governance: International institutions lose credibility and effectiveness.
- Economic instability: Disruptions in trade and commerce.
- Legal uncertainty: Undermines enforcement of human rights, war crimes, and international treaties.
- Environmental setbacks: U.S. withdrawal from agreements like the Paris Climate Accord hinders climate action.
- Public health risks: Reduced U.S. support for the WHO affects global health responses.
- Geopolitical backlash: U.S. influence declines as other nations retaliate or form alternative alliances.
Opportunities for Non-Western Leadership
- India’s Commitment to Multilateralism
- India has consistently advocated multilateral cooperation and international law.
- At the G-20 Foreign Ministers’ Meeting (2025) in Johannesburg, S. Jaishankar emphasised:
- The need for peaceful conflict resolution.
- The importance of international law.
- Strengthening multilateral institutions.
- India is emerging as a key player in global governance.
- India’s Push for UNSC Reforms
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- India seeks permanent membership in the UN Security Council (UNSC).
- Justifications:
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- World’s largest democracy with 1.4 billion people.
- Strong record in UN peacekeeping operations.
- Leading voice for Global South cooperation.
- UNGA President Dennis Francis acknowledged India’s potential leadership role.
- India’s Role in the Global Digital Order
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- India has pioneered Digital Public Infrastructure (DPI).
- The UNGA President recognised India’s digital model for:
- Poverty alleviation.
- Financial inclusion.
- Economic development.
- India’s digital advancements serve as a blueprint for the Global South.
The Relevance of International Law in Global Conflicts
- International Law as a Safeguard
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- The UN Charter (Article 2(4)) prohibits force in international relations.
- Despite violations, the legal framework provides moral and legal legitimacy.
- International legal mechanisms:
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- ICJ case: South Africa vs. Israel for alleged genocide in Gaza.
- Sanctions against Russia for violating Ukraine’s sovereignty.
- The Normative Power of International Law
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- Critics argue international law is ineffective due to frequent violations.
- However, scholars argue that:
- It influences state behaviour beyond compliance.
- Domestic courts use international law principles.
- Transnational legal processes foster engagement.
Challenges to International Law
- Multipolar Challenges: Rising powers like China and Russia promote alternative legal interpretations.
- Economic Lawlessness: U.S. policies (e.g., Inflation Reduction Act, 2022) undermine WTO rules.
- Populism and Nationalism: Countries like Hungary, Turkey, Poland prioritise national over international laws.
The Path Forward: Strengthening Multilateralism
- Reinforcing global institutions (UN, WTO, ICC) against unilateralism.
- South-South cooperation for economic and political resilience.
- UNSC reforms to reflect contemporary geopolitics.
- Alternative multilateral trade platforms for fair global trade.
- Advancing digital governance through India’s DPI model.
