With the end of World War II, the world adopted the liberal order through the formation of the United Nations (UN) and the establishment of international legal frameworks, such as the International Court of Justice (ICJ) and the International Criminal Court (ICC). Through these developments, states refrained from opting for a third major war, and the world has been a somewhat more peaceful place. However, in the present times, several new challenges have emerged, causing issues in the functionality of international law and also creating a grey zone in the field.

One such challenge is climate change, which is a prominent threat to human survival. In the post-industrial era, a significant rise has been witnessed due to the increased frequency of carbon, chlorofluorocarbons (CFCs), and other hazardous gases released due to human activities. Based on these, rapid and unpredictable weather changes, such as heavy rains, floods, droughts, and others, happen, which pose a threat to human lives and well-being. Research shows that if the same situation continues, then island countries, such as Tuvalu, might sink into the water in the coming years. In the case of climate change, no one is accountable in the international courts, as the major industrialist states cannot be blamed through any formal legal procedures. Hence, it is an emerging legal gap in international law.

Similarly, another challenge is the emerging technologies, mainly Artificial Intelligence (AI) and lethal autonomous weapons (LAWs). The integration of AI and LAWs in the defense and military technologies of states raises certain questions regarding morality and humanitarian concerns. The International Humanitarian Law (IHL) regards several laws, mainly distinction, proportionality, and others, which a state, while attacking its adversary, needs to maintain. However, the use of LAWs or AI in military postures doesn’t follow these laws, which violates international law. Nonetheless, there are no codified international conventions in this area; therefore, it exists as a legal vacuum in modern international law.

In a similar way, cyberwarfare exists as a grey zone in international law because there are no rules regarding this matter in international law. Cyberwarfare has emerged as a tool of warfare in the fifth generation of warfare. However, this domain doesn’t take into consideration the principles of IHL. For instance, while attacking a power grid of its adversary, a state also harms the civilian population of that state, which violates the principle of distinction. Thus, today, there are no rules in international law to deal with matters related to cyberwarfare between two states.

The non-state actors, mainly the terrorists and extremist groups, have become powerful in today’s political affairs. For instance, in the Middle East, groups such as ISIS, Al-Qaida, Hezbollah, and Houthis have for years been disrupting peace in the region. These groups are not regulated through any regulatory framework in international law because they are not international legal personalities. Similarly, the IHL has no provision regarding such non-state actors. So, such groups threaten the operation of international law and pose a challenge to its functionality.

Lastly, the most harmful challenge is the weak enforcement mechanism of international law. For example, in the case of any dispute to be referred to the ICC or ICJ, the consent of the involved states is crucial. Likewise, in the UN, the veto power can never be denied, as the five veto states have the right to veto any decision, which constrains the implementation of international law. Several extraterritorial disputes, such as the South China Sea dispute, Kashmir dispute, and others, have existed around the globe for decades, but the UN is unable to resolve them due to its structural issues. Therefore, the weak enforcement mechanism is another challenge to international law that needs to be tackled.

In a nutshell, international law has existed as a code of conduct and legal framework for decades. Still, with the new developments in the international political and legal arena, international law needs to be reformed and adapted as per the changed realities. For explanation, to tackle the challenge of climate change, a legal climate regulatory authority should be framed which would formulate policies regarding climate for the states and look after the national climate policies and activities of each member states. Similarly, for the emerging technologies and cyberwarfare, an international code of conduct needs to be developed with the aim to regulate these matters, allowing the states to use certain types of weapons and cyber tools.

Further, the IHL needs to be updated and new provisions need to be included in it regarding non-state actors, cyberwarfare, and emerging technologies. Moreover, to strengthen the enforcement mechanisms, the structure of the UN Security Council should be transformed. Thus, through these ways, international law can be compatible with modern challenges, advancements, and realities.