- Crises in International Law-> Judge Alvarez (former judge, International Court of Justice) has remarked that the fundamental principles of international law are passing through a serious crises, and this necessitates its reconstruction.
- A new International law is developing which embodies not only this reconstruction but also some entirely new elements.
- Factors responsible for the crisis include are-> Rapid scientific and technological progress, the rise of new ideologies (viz. militant, communism etc.), rising demands for social reforms, fear of war, the increase in the number and functions of International Organizations.
Note-> The present so called “crises” in the international law is nothing more than a tension between the needs of stability and the demands of change.
Example-> Increase in temperature due to green house effect (Environmental Treaties) leading to depletion of ozone layer poses a very serious problem to our very survival and thus international law must recalibrate.
- Problems to Adaptability-> International Law has aimed to stabilize rather than to provide for the growth of international society and to maintain existing values rather than to create new ones.
- It is to be noted that absence of a “World Legislative Body” makes adaptability more slow paced and thus treaty remains the most effective way to effect changes.
Conclusion-> Despite, Public International Law is not static and endeavours to mend itself to the needs of the day. Example- The 20th century witnessed the rapid development of “the doctrines of air sovereignty” and “the continental shelf”.
But the greatest problem for adaptability in context to international law will always be ” the concept of sovereignty”.
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