International Conventions: Do They Still Hold Any Value?
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When one surveys the landscape of humanity today, one sees mankind and womankind groaning under pain and suffering. Children in abject poverty are denied the opportunity for education, women still in this 21st century fight for a voice to be effectively enfranchised, and economic disparity is to the extent that 99% of the world’s wealth is owned by 1% of the population - and all this is despite the burgeoning number of International Conventions being agreed upon year after year. So are International Conventions really not worth the paper they are written on? My thesis is, far from it.
International Conventions provide a framework for countries to come together and agree on important issues working towards a collective interest. Moreover, they afford a platform for dialogue and cooperation amongst countries, increasingly relevant in this day and age where diplomacy is the principal instrument of foreign policy. The 2015 Paris Agreement is a stellar example of cooperation between 194 parties to tackle the negative impacts of climate change. The agreement has already had a significant impact with many countries setting ambitious targets for reducing emissions and increasing their renewable energy sources. More recently, despite reservations regarding its legal enforceability, the Windsor Framework agreed between the EU and the UK shows how international agreements can help to repair fractured relationships between parties and reach mutually beneficial agreements.
Perhaps the most significant role that International Conventions play is to establish common standards and practices to preserve the rights of individuals across the world. The Geneva Conventions, which establish the standards of International Humanitarian Law during times of war, have been instrumental in protecting the rights of civilians, allowing separated families to be reunited and alleviating the distress of POWs.
There is always a time in the affairs of men, when humanity for whatever reason needs to stop and reacquaint itself with its bearings, to consider what course it is undertaking. It is at those moments that the learning of the ages, such as these conventions, comes to the fore. For example, the Refugee Convention was a reaction to the lessons learned in the 1930s, when refugees to the UK were turned away if they didn’t have the correct paperwork. The precedent was then set that what matters is not how a refugee arrived in the country, but why. History is littered with these pivotal moments which put humankind back on track and International Conventions play a vital role as part of the legacy of civilisation of which we are all part.
Naturally however, International Conventions are hamstrung by some issues. International obligations can be manipulated for short-term political gain. For example, President Trump withdrew the USA, the world’s second-largest emitter, from the Paris Agreement in 2020, arresting the global efforts already underway. Moreover, the notable absence of prominent countries in International Conventions can also restrict their success globally. China is yet to ratify the International Covenant on Civil and Political Rights, limiting the ability to protect fundamental civil and political rights in China. Finally, in many countries including the UK and USA, International Conventions do not automatically become domestic law resulting in a lack of effective mechanisms to enforce standards which have been set.
When the Universal Declaration of Human Rights was promulgated in 1948, people criticised it by rightly observing that it had no force of law; it was merely a declaration, an aspiration. The reality is that yes International Law is an idea, yet history has shown us that this idea can be more powerful than governments, boundaries or dogma. Through International Conventions, ideas, standards and expectations of rights become part of the lexicon of the general public, and not just of academics in their ivory towers or learned Jurists in palaces of justice. Thus the conduct of individual countries is rendered ever starker against the standard that these International Conventions set. In conclusion, whilst International Conventions are not a panacea and face challenges in enforcement and implementation, they remain an essential tool for addressing global issues and promoting international cooperation. The tapestry of International Law is weaved with various International Conventions which pepper the International Legal Order, and for good reason. International Conventions do still hold significant value and have a positive effect upon the progress of humanity.
Malik Fraz Ahmad