On the Apolitical Character of International Law (or Lack Thereof)

Abstract

International law has an innate and seemingly unquestionable claim on its allegedly apolitical character. However, international law is far from being an apolitical domain. On the contrary, due to systemic influences or by way of politically-informed or other personal interpretations of law, international law proves to be a very political construct. Under the light of this revelation, one feels compelled to probe deeper into the political features of international law by way of theory and to debunk its mythological self-portrait of an apolitical benefactor of humanity. Doing this will enable the opening up of new perspectives for the much needed improvement of international law.

International law has an innate and seemingly unquestionable claim on its allegedly apolitical character. However, international law is far from being an apolitical domain. On the contrary, due to systemic influences or by way of politically-informed or other personal interpretations of law, international law proves to be a very political construct. Under the light of this revelation, one feels compelled to probe deeper into the political features of international law by way of theory and to debunk its mythological self-portrait of an apolitical benefactor of humanity. Doing this will enable the opening up of new perspectives for the much needed improvement of international law.