Iran and the fairy tale of international law

International law is a failed system of law by rule, an initiative that has contributed to anarchy which characterises foreign affairs. Indeed, it is far too generous to give international law the label of “law”. In practice, international law is nothing more than a convoluted form of politics.

As Professor Mirko Bagaric writes in his book, Critical Perspectives of International Law (2006): “International law is value laden and highly politicised. In fact it can be tenably argued that it is more about politics than law.”

Even if we were to be generous and characterise international law as law, rather than just politics with a nice tie, international law would not be saved. International law is grossly inefficient. These days, the hard rules of international law are rarely complied with or enforced, despite tonnes of money thrown at the system to keep these rules in place. The cost exceeds the benefit - if there is a benefit.

There is no formal alternative to international law. Nor can international law be fixed. It is time to call a spade a spade, and start again. In starting again, it is important that we realise that “international” and “law” do not fit together. You cannot have efficient and effective international rules. The force of domestic politics is just too strong. You also cannot have efficient and effective international organisations (leaving aside corporations). The UN is a case in point.

International peace and security will always come second fiddle to domestic political considerations. While at times this may not be the most desirable situation, it is reality. As philosopher John Ralston Saul argues in his recent book, The Collapse of Globalism and the Reinvention of the World (2005): ‘Many people may want to have an international side to their lives, but they want to live in their communities.’

Any effort to try and change this involves buying into a fairy tale. Only the cost is much, much higher than the cover price of Harry Potter.

Iran may one day face sanctions or military strike. Iran may blow up Israel, or the entire world. Whatever happens, international law will play no role.