A Crisis of International Law: A Diagnosis

The question of the crisis of law presupposes not only the question of the regularity and seriousness of its violations, but a much broader problem affecting the issues of legitimation and goal-setting of law, its development, the state of a professional corporation, and so on. The diagnostics of these dimensions gives grounds for stating: yes, international law is in crisis. The symptoms of the crisis can be reduced to the following main manifestations. First, the prohibition on the use of force enshrined in the UN Charter is not backed by the necessary guarantees. Secondly, the order created by the UN Charter contributes to the observance of international law to a lesser extent than previous regimes. Third, the existing foundations of the international order have been devalued; the new foundation seems to be destruction and division. Fourthly, the idea of state (sovereign) will remains the foundation of the theory of international law, but is being squeezed out of international legal practice, which is increasingly oriented towards the use of non-consensual mechanisms (technologies).Fifth, the discourse of international law looks exhausted and incapable of generating new meanings. Sixthly, the judicial (adversarial) dimension of international law, which is currently dominant, presupposes a disregard for the broader social context; ignoring historical, cultural and other dynamics makes many decisions ineffective. Seventh, the scientific corporation (the community of international lawyers) is gradually removed from decision-making and abandons its claim to independence and intellectual depth. The crisis of international law is not accidental and spontaneous, but is a natural result of the historical process — the next, but perhaps the last stage in the development of international law. Critical studies in international law are developed to a much greater extent than in national law: this allows us to hope, if not for overcoming the crisis, then for its explanation.