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
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.
[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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