A retired Nigerian ambassador, Ayoola Olukanni, has warned against the growing disregard for international treaties and institutions by some powerful states. He expressed worries that such actions undermine the efficacy of international law and threaten the global rules-based order.
Olukanni gave the warning in Lagos at the 47th Conference of the Nigerian Society of International Law (NSIL), with a theme, ‘From Obligation to Implementation: Re-assessing the Efficacy of International Law in Contemporary International Relations.’
The former ambassador said the effectiveness of international law is increasingly being tested by refusal of states to honour earlier agreed obligations, stressing that while international legal instruments abound, enforcement has remained a serious challenge.
Since the Second World War, there have been existence of laws regulating conduct of wars, trade and commerce, illicit drug trafficking and nuclear proliferation. Others are the law of the sea, outer space, environment, women and development, global commons and emerging issues such as Artificial Intelligence. Olukanni, however, expressed worries that the existence of treaties and declarations has not automatically guaranteed compliance.
He cited several conflicts and international disputes to illustrate the limitations of the rules-based order.
According to him, the Genocide Convention did not prevent the Rwandan Genocide or the ongoing conflict in Gaza, while the United Nations (UN) Charter did not prevent the “invasion of Venezuela and the seizure and incorporation of territories in Ukraine.”
Olukanni also pointed to the attacks and disregard for international institutions, including the International Court of Justice (ICJ) and the International Criminal Court (ICC), noting that the situation has contributed to the perception that international law was weak and often more respected in its breach.
Despite the challenges, Olukanni argued that international law remains relevant and could serve as a moral guide for international action.
“If the UN Security Council speaks with one voice, the UN can act swiftly and effectively in dealing with serious international situations, he said.
He identified international cooperation during the COVID-19 pandemic as one example of the continuing relevance of international rules and institutions, noting the role of the World Health Organisation (WHO) and the adoption of measures that facilitated resumption of international travel.
Olukanni also cited the development of international frameworks on AI as evidence of adaptation to emerging global challenges.
He further pointed to the success of the international agreement on the ozone layer as an indication that international agreements could be effective.
He also highlighted the increasing role of non-governmental organisations and multinational corporations in the development and implementation of international law, citing environmental activism as an example.
On Nigeria, Olukanni said the country had played an important role in the development and promotion of a rules-based international legal order, particularly through its participation in U.N peacekeeping operations and the struggle against apartheid, describing Nigeria as a major troop-contributing country to UN peacekeeping operations and the fight against apartheid.
He, however, insists that Nigeria strengthens its knowledge and application of international law, particularly with regard to increasing international trade and foreign investment.
He recommended that Public International Law, International Economic Law and the work of the UN Commission on International Trade Law (UNCITRAL), including electronic commerce and arbitration rules, be made compulsory in the country’s legal education due to increasing involvement of subnational governments with foreign investors.
He said stronger knowledge of international law will prevent seizure of assets due to failures to honour agreements.
In her welcome address, the President, NSIL, Professor Yinka Omorogbe (SAN), admitted that the existence of treaties and conventions does not necessarily translate into compliance, accountability or justice.
She said the international legal order was tested by armed conflicts, challenges to state sovereignty, human rights violations, climate change, technological developments and growing geopolitical tensions.
“We have developed an impressive body of international treaties, conventions, principles and institutions. Yet, reality has shown that the existence of legal obligations does not necessarily translate into compliance, accountability or justice,” she said.
According to her, the effectiveness of international law should be measured by the extent to which states respect and implement their obligations, particularly powerful countries, and translate them into meaningful improvements in people’s lives.
Omorogbe added that international law must remain a credible instrument for maintaining peace, protecting human dignity, promoting justice and advancing sustainable development, rather than existing merely as a collection of noble aspirations.
The NSIL President also called for renewed commitment to the growth and relevance of the society, noting that it must build on its history while responding to emerging international legal challenges.
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