Content
- International law, ‘optional’ for powerful states
- Concrete fever
International law, ‘optional’ for powerful states
Why in News?
- Recent conflicts involving Russia–Ukraine, Israel–Iran, South China Sea disputes, and repeated violations of humanitarian norms have revived debate regarding the weakening credibility of the rules-based international order and the declining effectiveness of public international law.
- The article invokes Voltaire’s famous criticism of the Holy Roman Empire to argue that contemporary international law is increasingly neither genuinely “international”, nor consistently “law”, because enforcement ultimately depends upon geopolitical power rather than universal compliance.
Relevance
- GS-II: International Relations, Global Governance, United Nations, International Institutions.
- GS-III: Security, Maritime Security, Cyber Governance, Nuclear Stability.
Practice Question
Q1.“The contemporary rules-based international order is increasingly becoming power-driven rather than law-driven.” Critically examine. (250 words)
Understanding Public International Law
- Public International Law refers to the body of legal principles, treaties, conventions, customs, and judicial norms governing relations among sovereign states, international organisations, and increasingly non-state actors within the global system.
- Modern international law evolved to regulate:
- Use of force
- Maritime conduct
- Human rights
- Armed conflicts
- Environmental protection
- Trade and diplomacy
thereby attempting to replace anarchy with rule-based global governance.
- Contemporary international law rests upon:
- State consent
- Treaty obligations
- Reciprocity
- Multilateral institutions
rather than a centralised global sovereign authority capable of coercive enforcement.
Evolution of Rules-Based International Order
- Over the last century, humanity gradually constructed an institutional architecture involving:
- UN Charter
- Geneva Conventions
- UNCLOS
- Human rights treaties
- Arms-control agreements
aimed at restraining unregulated exercise of state power.
- The post-1945 international order sought to prevent recurrence of world wars by institutionalising:
- Sovereign equality
- Territorial integrity
- Peaceful dispute resolution
- Collective security
through multilateral cooperation and legal obligations.
- Institutions such as:
- United Nations
- International Criminal Court
- International Court of Justice
emerged as guardians of the international legal order.
Core Argument: Erosion of International Law
- The article argues that international law is increasingly losing credibility because powerful states repeatedly violate fundamental norms without facing meaningful legal, diplomatic, or military consequences.
- This erosion reflects a transition from:
- Rule-based order
toward
- Power-based order
where geopolitical strength increasingly determines legality, accountability, and global responses.
- Rule-based order
- The weakening of international law has generated fears of a return to the “law of the jungle”, where military capability rather than legal legitimacy shapes international outcomes.
Violation of UN Charter Principles
Prohibition on Use of Force
- The UN Charter prohibits aggressive use of force except:
- In self-defence under Article 51
- Through Security Council authorisation
making sovereignty and territorial integrity foundational principles of international order.
- Russia’s invasion of Ukraine in 2022 represented one of the clearest violations of the post-1945 prohibition on aggressive war, severely undermining confidence in collective security mechanisms.
- The article also criticises the U.S.-Israeli military actions against Iran, arguing that unilateral military operations without broad international legitimacy weaken the norm against aggressive use of force.
- Earlier precedents such as the 2003 Iraq invasion damaged international law because military intervention occurred without explicit UN Security Council authorisation and was justified using disputed claims regarding weapons of mass destruction.
Selective Application of International Norms
- The article highlights that powerful states often selectively interpret international law, applying legal principles inconsistently depending upon strategic interests rather than universal moral standards.
- Such selective enforcement weakens legitimacy because smaller states perceive international law as an instrument of powerful countries rather than an impartial system of global justice.
- The resulting credibility crisis encourages other regional powers to disregard norms relating to sovereignty, territorial integrity, and peaceful dispute resolution.
Maritime Law & UNCLOS Violations
South China Sea Disputes
- The United Nations Convention on the Law of the Sea (UNCLOS) forms the foundation of modern maritime governance by regulating:
- Territorial waters
- Exclusive Economic Zones
- Navigation rights
- Resource exploitation.
- China’s assertion of the “nine-dash line” claim in the South China Sea, despite rejection by the Permanent Court of Arbitration in 2016, is cited as a major challenge to maritime international law.
- Militarisation of artificial islands, coercive coast-guard tactics, and incursions into the EEZs of countries such as the Philippines and Vietnam undermine freedom of navigation and maritime stability.
Strait of Hormuz Crisis
- Repeated tanker seizures, maritime interdictions, and threats of blockade in the Strait of Hormuz have weakened global confidence in legal protections governing international shipping and freedom of navigation.
- Since a significant proportion of global energy trade passes through the Strait, instability in the region carries major implications for:
- Energy security
- Global trade
- Maritime law
- Strategic stability.
Crisis in International Humanitarian Law (IHL)
- International Humanitarian Law, especially the Geneva Conventions, seeks to protect civilians, prisoners of war, and non-combatants during armed conflicts by limiting methods and means of warfare.
- The Syrian civil war witnessed severe violations involving:
- Chemical weapons
- Indiscriminate bombing
- Siege warfare
- Targeting civilian infrastructure
thereby exposing limitations of humanitarian enforcement mechanisms.
- In Yemen, both the Saudi-led coalition and Houthi rebels have faced allegations involving attacks on civilians, hospitals, and critical infrastructure, violating principles of distinction and proportionality.
- Reports from Ethiopia’s Tigray conflict involving starvation tactics, sexual violence, and mass killings further demonstrate the declining effectiveness of humanitarian legal norms during internal conflicts.
Human Rights Violations
- The article argues that human rights treaties increasingly suffer from selective implementation and weak enforcement despite universal rhetoric regarding dignity, equality, and civil liberties.
- China’s treatment of Uyghur Muslims in Xinjiang, involving allegations of mass detention, forced labour, and cultural suppression, has been described by several governments and scholars as potential crimes against humanity.
- Israel’s military operations in Gaza have generated allegations of disproportionate force and indiscriminate civilian casualties, reviving debates regarding accountability under international humanitarian and human rights law.
- Myanmar’s military crackdown against the Rohingya population generated genocide allegations, demonstrating how ethnic persecution continues despite decades of international human rights institutionalisation.
- Even democratic states have faced criticism regarding:
- Torture during the “war on terror”
- Offshore detention of refugees
- Migrant pushbacks
revealing that liberal democracies also violate international legal obligations when security concerns dominate policy.
Collapse of Arms-Control Architecture
- The weakening of major arms-control treaties has revived fears of strategic instability and renewed nuclear competition among major powers.
- The collapse of the INF Treaty, erosion of the Open Skies Treaty, and uncertainty regarding the future of New START indicate weakening trust among nuclear powers.
- North Korea’s continued missile and nuclear programmes despite UN sanctions reveal the limited deterrent capacity of existing non-proliferation frameworks.
- The breakdown of the Joint Comprehensive Plan of Action (JCPOA) accelerated tensions surrounding Iran’s nuclear programme and weakened diplomatic confidence in negotiated arms-control mechanisms.
Environmental Law Under Stress
- International environmental law increasingly suffers from weak compliance, insufficient financing, and lack of enforceable accountability despite growing climate-related threats.
- Many countries continue missing commitments under the Paris Climate Agreement, while global emissions remain inconsistent with pathways necessary to limit dangerous climate change.
- Illegal deforestation in the Amazon, often enabled by weak state enforcement, undermines international biodiversity obligations and accelerates ecological degradation.
- Emerging activities such as deep-sea mining highlight regulatory gaps in governing global commons and protecting fragile marine ecosystems from irreversible environmental damage.
Structural Weaknesses of International Law
Dependence on State Consent
- International law fundamentally depends upon sovereign consent because there is no global government capable of imposing universal compliance through coercive enforcement mechanisms.
- States frequently comply with international law only when compliance aligns with national interest, strategic calculations, or reputational concerns.
Weak Enforcement Mechanisms
- The United Nations Security Council often becomes paralysed due to veto politics and geopolitical rivalry among permanent members.
- The International Criminal Court faces accusations of bias and lacks jurisdictional authority over several major powers, limiting its effectiveness in ensuring accountability.
- Treaty-monitoring bodies largely depend upon voluntary compliance and moral persuasion rather than binding enforcement powers.
Theoretical Perspective
Realist Interpretation
- The article strongly reflects the Realist school of International Relations, which argues that states ultimately prioritise power, security, and survival over legal or moral obligations.
- The reference to Thucydides’ statement — “the strong do what they can and the weak suffer what they must” — highlights the enduring relevance of power politics in global affairs.
Liberal Institutionalism Counterview
- Liberal theorists argue that despite violations, international law still shapes expectations, constrains behaviour, facilitates cooperation, and reduces uncertainty in international relations.
- Even imperfect compliance is considered preferable to complete absence of institutional norms because international law provides frameworks for diplomacy, conflict resolution, and accountability.
Implications of Eroding International Law
- Weakening international law increases the probability of:
- Armed conflicts
- Arms races
- Humanitarian crises
- Refugee flows
- Maritime instability
thereby threatening global peace and economic stability.
- Small and developing countries suffer disproportionately because they depend more heavily on legal protections and multilateral institutions than on military or economic power.
- Erosion of global trust reduces prospects for collective action on transnational issues such as:
- Climate change
- Cybersecurity
- Terrorism
- Pandemics
which require coordinated international cooperation.
India’s Perspective & Relevance
- India consistently supports:
- Strategic autonomy
- Rule-based international order
- Respect for sovereignty
- Peaceful dispute resolution
especially in forums such as the UN and G20.
- India strongly supports UNCLOS, freedom of navigation, and territorial integrity because maritime stability and sovereign equality are crucial for India’s security and economic interests.
- Simultaneously, India remains cautious regarding excessive external intervention in domestic affairs, reflecting the balance between sovereignty and universal humanitarian principles.
- India’s aspiration for permanent membership in the UN Security Council is partly linked to demands for more representative and effective global governance institutions.
Way Forward
- Strengthening international law requires reforming multilateral institutions, particularly the UN Security Council, to improve legitimacy, representation, and responsiveness to contemporary geopolitical realities.
- Greater emphasis must be placed on:
- Accountability mechanisms
- Independent investigations
- International judicial cooperation
- Enforcement consistency
to restore confidence in global legal institutions.
- International law should increasingly adapt to emerging domains such as:
- Cyber warfare
- Artificial intelligence
- Climate security
- Space governance
which remain inadequately regulated.
- Sustainable restoration of the rules-based order requires cultivating global political culture prioritising:
- Restraint
- Diplomacy
- Multilateralism
- Cooperative security
over unilateral adventurism and militarised nationalism.
Prelims Pointers
- UNCLOS governs maritime zones and navigation rights.
- Article 51 of UN Charter deals with self-defence.
- Permanent Court of Arbitration (2016) rejected China’s “nine-dash line” claim.
- INF Treaty related to intermediate-range nuclear missiles.
- JCPOA concerned Iran’s nuclear programme.
- Geneva Conventions regulate humanitarian conduct during war.
- ICC prosecutes genocide, war crimes, and crimes against humanity.
Concrete fever
Why in News?
- Severe heatwave conditions across India, with Sri Ganganagar in Rajasthan touching 48°C, have revived concerns regarding the intensifying interaction between climate change, urban heat islands, unplanned urbanisation, and labour vulnerability.
- The article argues that India’s deadly urban heat is not caused by atmospheric warming alone but also by “concrete fever” — excessive concretisation, declining green cover, sealed urban surfaces, and waste heat from energy-intensive cooling systems.
Relevance
- GS-I: Urbanisation, vulnerable populations, climate-linked migration.
- GS-II: Urban governance, public health, labour welfare, disaster management.
- GS-III: Climate change, environment, sustainable cities, infrastructure, energy security.
Practice Question
Q1.Rapid urbanisation without ecological planning has intensified India’s vulnerability to heatwaves. Discuss. (250 words)
Understanding “Concrete Fever”
- “Concrete fever” refers to excessive dependence on:
- Concrete
- Asphalt
- Glass structures
- Sealed surfaces
during urbanisation, which absorb and retain heat, dramatically increasing urban temperatures relative to surrounding rural areas.
- Urban landscapes dominated by roads, buildings, parking areas, and reduced vegetation disrupt natural cooling processes such as evapotranspiration and shade generation, intensifying heat accumulation within cities.
- The phenomenon produces Urban Heat Islands (UHIs), where metropolitan temperatures become significantly higher than nearby rural regions due to anthropogenic modifications of land surfaces and energy consumption patterns.
Urban Heat Island (UHI) Effect
Definition
- An Urban Heat Island is a metropolitan area experiencing substantially higher temperatures than surrounding rural areas because of:
- Dense infrastructure
- Low vegetation
- Heat-absorbing materials
- Vehicular emissions
- Waste heat from appliances and industries.
Indian Scenario
- Urban heat islands across Indian cities now reportedly remain 2°C–10°C hotter than adjacent rural areas, making heatwaves significantly more dangerous for urban populations.
- Delhi’s average humidity reportedly increased by nearly eight percentage points between 2015–19 and 2020–24, partly due to sealed urban surfaces disrupting natural water absorption and local climatic balance.
- Indian cities are especially vulnerable because rapid urbanisation often occurs without:
- Climate-sensitive planning
- Adequate green cover
- Heat-resilient infrastructure
thereby magnifying climate risks.
Climate Change & Heatwaves
- Climate change has increased the frequency, duration, and intensity of heatwaves globally through rising greenhouse-gas concentrations and altered atmospheric circulation patterns.
- According to the India Meteorological Department (IMD), heatwave frequency over India’s Core Heatwave Zone has increased by approximately 0.1 days per decade since 1961.
- Heatwave duration has increased by around 0.55 days per decade, indicating prolonged exposure to extreme heat and growing risks to public health, labour productivity, and urban infrastructure.
- The World Meteorological Organization (WMO) identifies the period between 2015–2025 as the warmest eleven-year interval recorded globally, highlighting accelerating planetary warming trends.
Why Heat in India Becomes More Lethal
Interaction of Climate & Urbanisation
- India’s heat becomes uniquely dangerous because climate change interacts with:
- High population density
- Informal employment
- Poor housing
- Urban concretisation
thereby amplifying physiological stress and mortality risks.
- Large sections of India’s workforce, particularly:
- Construction workers
- Street vendors
- Delivery personnel
- Agricultural labourers
work directly under extreme sunlight without protective infrastructure or adequate labour safeguards.
- Informal settlements and low-income housing clusters often lack:
- Ventilation
- Tree cover
- Cooling systems
- Reliable electricity
making vulnerable populations disproportionately exposed to heat stress.
Air-Conditioners: Technological Fix or Climate Trap?
- The article critiques excessive reliance on air-conditioners (ACs) as a technological solution because ACs transfer indoor heat outdoors, thereby increasing ambient urban temperatures through waste heat emission.
- Rapid AC adoption can produce a vicious cycle:
- Rising temperatures increase cooling demand
- Cooling systems release more waste heat
- Urban temperatures rise further
thereby intensifying long-term heat vulnerability.
- Expanding AC usage also increases:
- Electricity demand
- Fossil-fuel consumption
- Carbon emissions
unless energy systems rapidly transition toward renewable and energy-efficient infrastructure.
- Dependence on cooling technologies often benefits privileged urban populations while outdoor workers and poorer communities continue suffering direct exposure to dangerous heat conditions.
Governance & Urban Planning Failures
- Indian urbanisation has historically prioritised:
- Real-estate expansion
- Road infrastructure
- Commercial construction
over ecological planning, resulting in shrinking urban forests, disappearing water bodies, and reduced climate resilience.
- Building regulations in many Indian cities remain poorly aligned with contemporary climate realities, permitting:
- Heat-retaining materials
- Excessive glass facades
- Dense concretisation
that intensify heat absorption and energy consumption.
- Urban local bodies frequently lack:
- Technical expertise
- Climate financing
- Integrated planning mechanisms
required for long-term heat mitigation strategies.
- Encroachment and destruction of wetlands, lakes, and urban commons have weakened cities’ natural cooling systems and hydrological balance.
Labour Rights & Heat Justice
- Existing labour laws already mandate restrictions on outdoor work under dangerous heat conditions, but enforcement remains weak, especially within the informal economy.
- Outdoor workers often continue labouring during extreme heat because:
- Income insecurity
- Lack of social protection
- Weak inspections
- Informal employment structures
prevent effective implementation of occupational safety standards.
- Heatwaves increasingly represent a question of climate justice, because the populations contributing least to emissions often suffer the greatest physiological and economic consequences.
- Women workers, elderly populations, migrants, and urban poor face compounded vulnerability due to:
- Poor housing
- Water scarcity
- Healthcare inaccessibility
- Informal employment conditions.
Public Health Implications
- Extreme heat can trigger:
- Heatstroke
- Dehydration
- Kidney stress
- Cardiovascular complications
particularly among elderly individuals, children, and physically exposed workers.
- Rising night-time temperatures in cities reduce physiological recovery from daytime heat, increasing chronic stress and cumulative mortality risks.
- Heatwaves also affect:
- Mental health
- Sleep quality
- Productivity
- Learning outcomes
especially in poorly ventilated schools and overcrowded urban settlements.
- India’s healthcare system remains inadequately prepared for large-scale climate-health emergencies involving simultaneous heat exposure across multiple urban centres.
Economic Consequences
- Heat stress reduces labour productivity, especially in sectors dependent upon outdoor physical work such as:
- Construction
- Agriculture
- Transport
- Logistics
thereby affecting economic growth.
- Increasing cooling demand raises electricity consumption, straining already stressed power grids and increasing risks of blackouts during peak summer periods.
- Urban heat also damages:
- Roads
- Rail tracks
- Water systems
- Energy infrastructure
increasing maintenance expenditure and reducing infrastructure longevity.
- According to global climate studies, extreme heat may substantially reduce India’s future GDP through productivity loss, healthcare burdens, and climate adaptation costs.
Environmental Dimensions
- Reduction in urban tree cover weakens:
- Carbon sequestration
- Air purification
- Groundwater recharge
- Natural cooling
thereby intensifying both heat and pollution crises simultaneously.
- Excessive concretisation reduces rainwater absorption, increasing:
- Urban flooding
- Surface runoff
- Water scarcity
particularly during delayed or erratic monsoon periods.
- Heat islands interact with air pollution by accelerating formation of ground-level ozone and worsening respiratory illnesses in densely populated cities.
Existing Initiatives
- Several Indian cities have introduced Heat Action Plans (HAPs) aimed at:
- Early warning systems
- Public advisories
- Cooling shelters
- Emergency healthcare coordination.
- Ahmedabad’s Heat Action Plan is often cited as an important example of climate adaptation involving:
- Inter-agency coordination
- Public awareness campaigns
- Health-sector preparedness.
- National initiatives such as:
- Smart Cities Mission
- AMRUT
- National Clean Air Programme
possess potential to integrate urban climate resilience measures more systematically.
What India Needs: Structural Urban Transformation
Climate-Sensitive Urban Design
- Indian cities require mandatory use of:
- Reflective roofing materials
- Cool pavements
- Permeable surfaces
- Climate-sensitive building designs
to reduce heat absorption and improve urban thermal balance.
- Urban planning regulations should mandate minimum:
- Green cover
- Urban forests
- Biodiversity corridors
- Open spaces
ensuring ecological resilience against extreme heat.
- Building codes must be redesigned according to contemporary climatic realities rather than outdated thermal assumptions developed before accelerated climate change.
Heat Governance
- India requires a dedicated national framework for heat governance, including:
- Budgetary allocations
- Urban heat mapping
- Occupational safety protocols
- Heat-health surveillance systems.
- Heatwaves should increasingly be treated as recurring public-health disasters rather than temporary seasonal inconveniences requiring only emergency responses.
- Urban local bodies should integrate:
- Climate adaptation
- Water management
- Land-use planning
- Public transport
into unified resilience-oriented governance strategies.
International Perspective
- Global cities increasingly use:
- Cool roofs
- Green roofs
- Urban tree canopies
- Water-sensitive urban planning
to mitigate urban heat island effects.
- International climate discussions now increasingly recognise extreme heat as one of the most underestimated consequences of climate change, especially for tropical developing countries.
- India’s urban heat challenge is globally significant because the country will host one of the world’s largest urban populations during the coming decades.
Constitutional & Governance Dimensions
- Article 21 guarantees the Right to Life, which judicial interpretation increasingly links with:
- Safe environment
- Public health
- Climate resilience
- Dignified working conditions.
- Directive Principles, especially Article 47, obligate the State to improve public health and living conditions, making heat mitigation a constitutional governance responsibility.
- Heat adaptation also connects with:
- SDG 11 → Sustainable Cities
- SDG 13 → Climate Action
- SDG 3 → Good Health and Well-being.
Way Forward
- India must move beyond short-term technological fixes toward long-term climate-sensitive urban transformation emphasising ecological restoration, sustainable construction, and heat-resilient planning.
- Labour protections during heatwaves should become legally enforceable through:
- Mandatory work stoppages
- Hydration facilities
- Cooling shelters
- Heat insurance mechanisms
for vulnerable workers.
- Cities should expand:
- Urban forests
- Water bodies
- Reflective infrastructure
- Public transport
reducing both urban heat and carbon emissions simultaneously.
- Heat management should become a permanent budgetary and governance priority at:
- Municipal
- State
- National
levels rather than an ad hoc emergency response mechanism.
Prelims Pointers
- Urban Heat Island (UHI) → Urban areas significantly hotter than surrounding rural areas.
- Core Heatwave Zone covers central, northwestern, and eastern coastal India.
- Reflective materials increase albedo and reduce heat absorption.
- Heat Action Plans focus on preparedness and early warning systems.
- WMO identifies 2015–2025 as the warmest eleven-year period globally.
