International Law and Its Impact on National Policies .

 International Law and Its

Impact on National Policies .

 This Article is written by :- Supriya Punj, 1st year (2nd semester), C.M.P. Degree College, Prayagraj

 Abstract

In today’s interconnected world, international law plays a quiet yet powerful role in shaping how countries develop their internal policies. It may not function like national laws enforced by a central authority, but it strongly influences how governments make decisions on issues like trade, climate change, terrorism, human rights, and digital privacy.[1] This article explores how international law works, its growing relevance, and its practical impact on India’s legal and political systems.

International law provides a shared framework that encourages countries to cooperate and follow global standards. For India, this means regularly aligning national laws with international agreements, whether it’s through court decisions or new legislation. While this relationship brings benefits like better human rights protections and global recognition, it also raises concerns about national sovereignty and fairness—especially when powerful countries dominate the rule-making process.

Through real examples and key legal developments, this article highlights how international law both supports and challenges India’s policy choices. As India becomes more influential on the global stage, understanding and shaping international law will be critical for building a more just and balanced future.

 

Introduction

When we think about laws, we mostly think of our Constitution, Parliament, or the courts. But today, laws are not limited to just one country. Many times, countries follow global rules, called international laws, to solve common problems or work together.

International law is made through agreements between countries. These are used for many things—like protecting the environment, stopping terrorism, or making trade fair. India also signs these agreements. After that, we often change or create laws inside the country to match what we agreed globally.

For example, if India signs a global climate deal, it will make new rules to reduce pollution. Or if there’s an international law about women’s safety, our courts may use it to give justice even if we don’t have a law for that yet.[2]

But this can be tricky. Sometimes international laws help us, like when fighting global warming or crime. But sometimes they don’t suit our country’s needs. They might also feel unfair—especially when made by rich countries without asking developing ones like India.

 

So, India has to be careful. It must be part of the world system but also protect its people and their needs. This article shows how international law is changing India’s laws and how India is trying to make those global rules more fair.

What is International Law?

International law refers to a set of legal norms, treaties, customs, and judicial decisions that govern the relations between sovereign states and international entities. It is divided into:

•Public International Law–Deals with how countries and international organizations interact with each other.

•Private International Law – Deals with cross-border disputes between individuals and private entities.

The major sources of international law include:

Treaties and Conventions – formal agreements like the Paris Agreement or the Geneva Conventions.

Customary International Law – long-established practices accepted as legal obligations.

General Principles of Law –Include basic ideas like fairness, justice, and honesty in dealing with others.

Judicial decisions–especially from international courts like the International Court of Justice (ICJ), also help shape international law.

While not all international law is binding, its influence on national legal systems is undeniable—especially in democracies like India.

 

How International Law Shapes National Policy

 

1. Human Rights Law

International human rights law has had a strong influence on India’s Constitution and legal policies. For example, documents like the Universal Declaration of Human Rights (UDHR) and treaties such as the International Covenant on Civil and Political Rights (ICCPR) have influenced the growth and inclusion of fundamental rights in India.[3]

The Supreme Court of India has regularly interpreted Article 21 (Right to Life and Personal Liberty) in light of international norms, extending it to cover environmental protection, health, and even the right to privacy.

Case Example:

In Vaisakha v. State of Rajasthan, the Supreme Court referred to the CEDAW (Convention on the Elimination of All Forms of Discrimination Against Women) to lay down guidelines for preventing workplace harassment, even before India had a specific law on the issue.

 

2. Environmental Law

Global environmental agreements like the Paris Agreement have directly shaped India’s national environmental policies. As part of its international commitments, India introduced:

•National Action Plan on Climate Change (NAPCC)

•Subsidies for solar energy and electric vehicles

•Laws regulating industrial emissions and forest conservation

The judiciary has also invoked international environmental principles such as “sustainabledevelopment” and “polluter pays” in its judgments.[4]

 

3. Trade and Intellectual Property

Being part of the World Trade Organization (WTO), India is bound by international agreements such as TRIPS, which focus on protecting intellectual property rights.This led to a major reform in the Indian Patent Act, including the re-introduction of product patents in 2005.[5]

This brought a big shift, especially in how the pharmaceutical sector operated.On the one hand, it aligned India with global patent standards. On the other hand, it drew criticism for making essential drugs less affordable.

This shows a classic tension—international pressure vs. national interest—a recurring theme in India’s response to global trade norms.

 

4. Refugee and Migration Policy

India is not a party to the 1951 Refugee Convention, yet it has hosted millions of refugees from Tibet, Sri Lanka, Afghanistan, and Myanmar. Indian courts, while lacking a domestic refugee law, have referred to international human rights principles when deciding on refugee matters.

Critics argue that the lack of a formal law opens the door to inconsistent policies and political influence, as seen in the differential treatment of Rohingyas versus Tibetan refugees.

 

5. Anti-Terrorism and War

India is a signatory to several UN conventions against terrorism, which have influenced domestic laws like the Unlawful Activities (Prevention) Act (UAPA) and the National Investigation Agency Act. These laws are meant to align India’s domestic security apparatus with international norms on combating terrorism.[6]

However, these laws have also drawn criticism for alleged misuse and human rights violations. Critics argue that India, in the name of complying with global counterterrorism efforts, sometimes compromises civil liberties.

 

Judicial Reception of International Law in India

Indian courts use international law wisely. Even though global agreements are not automatically laws in India, courts often look at them for guidance.

If international law doesn’t clash with Indian law, judges can use it in their decisions. This helps fill gaps when our law is silent or unclear.

Example:

In the Vaisakha case (about workplace harassment), the court used an international treaty because there was no Indian law at that time.[7]

In the PUCL case, the court used international human rights ideas to support the right to privacy.

The Indian Constitution, especially Article 51, says we should respect international law. Courts follow this by using global rules that match our values.

So, international law helps our courts give better justice, even when Parliament has not passed a new law.

 

Critical Perspective: Limitations and Concerns

Despite its wide influence, international law’s impact on national policies is not without problems:

 

1. Selective Compliance

Nations often comply with international law selectively—mainly when it benefits or supports their national interests.For example, powerful nations have ignored rulings of international tribunals, setting poor examples. This undermines the idea of universal legal standards.

India too has selectively engaged with international obligations—opting out of the Rome Statute (International Criminal Court) and refusing to sign the 1951 Refugee Convention, even though it adheres to many of their principles in practice.

 

2. National Sovereignty vs. Global Norms

One of the strongest criticisms of international law is that it may erode national sovereignty. When external pressure forces a country to change its internal laws, it raises questions: Who controls policy—the people’s representatives or foreign institutions?

This is especially sensitive in democratic countries where laws reflect the will of the electorate. Critics argue that too much international influence can bypass democratic debate.

 

3. Imbalance in Power

International law is supposed to be equal for all, but in practice, developed nations often shape the rules. For example, intellectual property rights favour corporations in the West, while developing nations like India struggle to maintain access to affordable medicine.

This structural imbalance makes many international laws seem biased or unfair, leading to friction in global negotiations.

 

India’s Evolving Role in Shaping International Law

India is no longer just following international law—it is helping shape it. As a growing power, India wants to make sure global rules are fair to all countries.

India is demanding a permanent seat at the UN Security Council. This shows India wants to be part of big global decisions.

India is also leading global action on climate change. The International Solar Alliance started by India helps many countries use clean energy. India talks about “climate justice”—meaning rich countries should fix the most pollution, as they caused most of it.

In technology, India supports “data sovereignty,” meaning Indian data should be controlled by Indian laws, not foreign companies.

India also works with groups like BRICS and the G20 to create fair rules for trade, economy, and development.

All this shows that India wants global laws to be more equal and helpful for developing countries—not just the rich ones.[8]

 

Conclusion

International law may not be something we see every day, but it is always working in the background. It affects how we live, what our government can do, and how our courts deliver justice. From protecting human rights to making sure we breathe clean air and have access to affordable medicines, international law quietly shapes many areas of our daily lives.

In India, we can clearly see this connection. Our laws and policies are often influenced by treaties, global agreements, and decisions made in international forums. Our judges refer to international standards to fill legal gaps, and our government updates laws to stay in line with global expectations. This brings a lot of benefits—it helps India earn global respect, keeps us prepared for global challenges, and brings new ideas into our legal system.

But we also cannot ignore the challenges. Not all global rules are fair. Some are made by powerful countries without thinking about what developing nations like India need. These rules can sometimes hurt our economy, limit our freedom to make laws, or make it harder for poor people to access basic things like food, medicine, or data privacy.

That’s why India must walk a middle path. We cannot fully depend on international rules, nor can we completely ignore them. We must choose what works best for our people. At the same time, India should take an active role in writing new global rules—rules that are not only made by rich countries, but by everyone.

India’s increasing global influence gives it a chance to make international law more equal and inclusive. Whether it's leading the way in solar energy, promoting fair internet laws, or fighting for climate justice, India is already showing the world how to create laws that care for both people and the planet.

In the future, as global problems become even more connected—like cybercrime, pandemics, or environmental disasters—international law will become even more important. India must be ready not only to follow such laws but also to guide how they are made.

True progress will come when international law becomes a tool for fairness, not pressure. And India, with its strong democratic values and growing leadership, has both the right and the responsibility to help make that happen.

 

Reference

1. Vaisakha v. State of Rajasthan, AIR 1997 SC 3011 (India).

2. Paris Agreement, Dec. 12, 2015, T.I.A.S. No. 16-1104.

3. Agreement on Trade-Related Aspects of Intellectual Property Rights, Apr. 15, 1994, 1869 U.N.T.S. 299.

4. Universal Declaration of Human Rights, G.A. Res. 217A (III), U.N. Doc. A/RES/3/217A (Dec. 10, 1948).

5. INDIA CONST. Art. 21.

6. Convention on the Elimination of All Forms of Discrimination Against Women, Dec. 18, 1979, 1249 U.N.T.S. 13.

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[1] Malcolm N. Shaw, International Law 6–7 (9th ed. 2021)

[2]Vishaka v. State of Rajasthan, (1997) 6 SCC 241.

[3]International Covenant on Civil and Political Rights, Dec. 16, 1966, 999 U.N.T.S. 171.

[4]Vellore Citizens Welfare Forum v. Union of India, (1996) 5 SCC 647.

[5]The Patents (Amendment) Act, 2005, No. 15, Acts of Parliament, 2005 (India).

[6]The Unlawful Activities (Prevention) Act, 1967, No. 37, Acts of Parliament, 1967 (India).

[7]Vishaka, supra note 2.

[8]International Solar Alliance, About Us, https://isolaralliance.org.

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#internationalLaw #GlobalGovernance #NationalPolicy #LegalStudies #PublicInternationalLaw #PolicyImpact #LawAndDiplomacy #SovereigntyVsGlobalLaw #InternationalRelations #LegalFrameworks