10. The Erosion of Rules-Based International Order: From Law to Might

The post-1945 global architecture, designed to restrain raw power through international law, is currently facing an existential \'interregnum.\' As major powers pivot from multilateral cooperation to unilateral exceptionalism, the transition from a \'rules-based order\' to a \'might is right\' philosophy threatens to dissolve the foundational principles of sovereign equality and collective security. Key Summary Points • Collapse of Normative Restraint: The contemporary geopolitical mood has shifted from \'hypocrisy\' (violating norms while acknowledging them) to \'indifference,\' where international law is treated as an optional tool rather than a binding commitment. • The Sovereignty Domino Effect: Unilateral actions by great powers in regions like Ukraine or Venezuela set dangerous precedents, signaling to other nations that sovereignty is malleable and negotiable based on military or economic strength. • Retreat from Multilateralism: The withdrawal of leading powers from international frameworks (WHO, UNESCO, Paris Agreement) creates a governance vacuum, allowing emerging powers to reshape global standards to reflect their own authoritarian or parochial preferences. • Paradox of Institutional Design: The UN and associated bodies were built on a hierarchy where authority was concentrated in a few hands (P5) while responsibility was shared by all; this inherent inequality now undermines the legitimacy of the entire system. • Proliferation of \'Grinding\' Wars: The weakening of global guardrails risks a move away from one major conflagration toward a multitude of smaller, localized conflicts that collectively erode the foundations of global peace. • Problems Without Passports: Critical 21st-century challenges—including climate change, pandemics, and cyber threats—are increasingly immune to unilateral solutions, yet the capacity for collective action is at its lowest ebb. Definitions of Key Terms • Rules-Based International Order (RBIO): A set of shared beliefs, regulated by international law and institutions, that governs how states should behave and interact to maintain peace and stability. • Interregnum: A period when an old system or regime has collapsed or is fading, but a new one has not yet emerged to take its place, often characterized by chaos and uncertainty. • Exceptionalism: The perception or belief that a species, country, or era is \'exceptional\' and thus not bound by the same rules or norms that apply to others.• Sovereign Equality: The principle that all states, regardless of their size or power, possess the same legal rights and obligations under international law. Constitutional & Legal Provisions • Article 51 of the UN Charter: Recognizes the inherent right of individual or collective self-defense if an armed attack occurs, though often invoked selectively by great powers to justify unilateralism. • Article 2(4) of the UN Charter: Strictly prohibits the threat or use of force against the territorial integrity or political independence of any state—the cornerstone of the post-war order currently under siege. • Article 51 of the Indian Constitution (DPSP): Mandates that India shall strive to promote international peace, maintain just relations, and foster respect for international law and treaty obligations. • Principle of Non-Intervention: A customary international law, reinforced by the UN General Assembly Resolution 2625, which is increasingly violated in the current \'might is right\' era. Additional Important Keypoints • Middle Power Agency: Countries like India, Brazil, and South Africa are becoming the primary stakeholders in multilateralism, as they have the most to lose in a world governed by \'unmediated anarchy.\' • The \'Hell vs. Heaven\' Paradox: Following Dag Hammarskjöld’s view, the UN’s survival is necessary not to create a utopia, but to prevent a slide into a Hobbesian state of nature where life is \'nasty, brutish, and short.\' • Weaponization of Trade: The shift from open markets to using economic dependencies as geopolitical leverage (sanctions, decoupling) is hollowing out the \'open trade\' pillar of the liberal order. Conclusion The promise of 1945—that law could tame power—is being inverted as power once again seeks to tame law. We are not witnessing an overnight collapse but a slow decay of norms. The challenge for contemporary diplomacy, particularly for emerging leaders like India, is not merely to resurrect a flawed past but to construct a new synthesis that acknowledges current power realities without abandoning the essential guardrails of international law. UPSC Relevance • General Studies II: Important International institutions, agencies, and fora - their structure, mandate; Effect of policies and politics of developed and developing countries on India’s interests. • Ethics (GS IV): Ethical issues in international relations and funding; Corporate governance (moral dimensions of power). • Mains Perspective: \'The decline of multilateralism is not just a crisis of institutions but a crisis of faith in collective security.\' Critically analyze the statement in the context of recent global conflicts and India\'s role as a \'Vishwa Bandhu\'.