Benjamin Dürr lives in The Hague, where he works as an international law expert, political scientist and journalist. He has written for publications including “Foreign Affairs“, “Der Spiegel”, “Die Zeit”, “Süddeutsche Zeitung” and “Al Jazeera English”.
Tizian Stocker is a German political scientist and expert on EU and European policies and politics. His work focuses primarily on democracy within the EU. He works as a media editor and briefing analyst for the European Relations Association.
Info Box provided by Tizian Stocker:
International Law: International Law is the body of rules, principles, and agreements that govern relations between states, international organizations, and, in some cases, individuals. It aims to regulate international cooperation, maintain peace and security, protect human rights, and provide legal frameworks for issues such as trade, diplomacy, and armed conflict.
Tizian Stocker: How do you assess the current state of international law, and what do you see as its future?
Benjamin Dürr: It’s a complex picture. The international legal order consists of many different treaties, rules, norms, courts, and tribunals. Some of them work well, others don’t. The observation that most states comply with most of their obligations most of the time is still true. For example, the laws that govern aviation, finance, or telecommunication are respected and effective.
This does not, however, mean that all is well. In crucial fields, primarily on peace and security, we see that the current system is inadequate and eroding. International law is not dead, but it needs reform to fulfil its crucial role in international affairs in the future.
Tizian Stocker: Europe is often accused from abroad of applying double standards in international law. Do you agree with this criticism, and how should the European Union position itself regarding international law?
Benjamin Dürr: It’s hard not to see the different legal and moral standards that European countries have applied in different situations in recent years. To some extent, this is, unfortunately, an inevitable feature of international relations, as the interests of states differ from context to context.
Info Box provided by Tizian Stocker:
Europe’s double standards: Europe is frequently accused of applying double standards in international law, while the EU has unequivocally condemned Russia’s invasion of Ukraine as a blatant violation of international law, critics argue that it has failed to respond with the same unity and determination to alleged violations of international humanitarian law by Israel in Gaza or to other controversial actions by the USA considering Venezuela.
Benjamin Dürr: It is absolutely clear, however, that it is in Europe’s own interest to have a functioning legal order. International law is indispensable for peace, stability, prosperity, and progress. For example, it protects smaller states against the military threat of bigger ones, enables global trade, and guarantees human rights. European countries should therefore invest in the strengthening of international law.
Tizian Stocker: What concrete steps are needed to preserve and strengthen international law in the long term against an increasingly power-driven global order?
Benjamin Dürr: Most institutions and concepts have their origins in the years after the end of the Second World War, more than 80 years ago. The world has changed since, and international law needs to be adapted: first, the system needs to be reformed to be able to respond to issues such as climate change, pandemics, and great power conflict.
Second, it needs to become much more inclusive. The legal order should become truly international and include the perspectives and needs of non-Western societies. Concrete practical steps could include inviting more scholars and representatives from Latin America, Africa, and Asia to policy discussions, and increasing the representation and voting rights of non-Western states in international organisations. Many of them share the same interest with Europe: a global order based on law and justice, not power.
We thank Benjamin Dürr for his insightful contribution and for his fantastic cooperation with the European Relations Association (ERA).
