POWER, POLITICS, AND THE INTERNATIONAL LEGAL ORDER: BRIDGING THE GAP BETWEEN LAW AND STATE PRACTICE

Abstract

This paper explores the continued distance between the international legal norms and the practice in states within the modern international legal system. Although there are established legal systems of governing state actions, these have been ignored, especially when it comes to issues pertaining to security, use of force, and management of international affairs. The study is a critical look on how political authority, strategic interests and domestic political factors influence the decisions of states to either adhere to or not comply with international law. The paper has used an interdisciplinary approach based on International Relations and International Law to examine how the existence of power imbalances, geopolitical rivalry, and institutional limits undermine legal enforcement arrangements. The research proves that the international law does not tend to work outside political constraints but instead within them through the analysis of selected case studies in international security and global governance. The research is beneficial to the current literature because it provides a unified account of the reasons behind the bias in application of the law and evaluates the consequences of such a lapse on global stability, the legitimacy of the international institutions, and the future viability of the international legal order.