The international legal system sometimes seems like a giant fishing net in the ocean; it encompasses everything, yet the fish escape the net. As a legal studies major, this problem has become increasingly evident in my courses and through recent global events. Determined not to give up so easily, and intrigued by this fishnet, I sat down with Professor Rosemary Byrne to talk about the importance of international law despite all its failures, how it has transformed in recent decades, and what we can expect from it in the future.

The international legal system, although it may seem rusty in some parts of its practice, is not as ancient as one would imagine. There was a time without the net in the sea when all the fish would massacre each other (since I’ve started this analogy now, I might as well go with it). After the Second World War ended in 1945, the international community (or at least the part that still stood upright and was independent) decided things had to change and order had to be put in place. Easier said than done. The United Nations became a vulnerable baby nation-alliance-for-peace for a while. The core structure, power distributions, and principles have been sustained since then and little has changed, but after the Berlin Wall fell in 1989 the international legal system transformed into what we know today.

Professor Rosemary Byrne, who graduated from Barnard College with a Bachelor’s degree in 1986, recalls how before 1989, international law was a marginal subject. With the collapse of the Soviet Union came a time of collaborative engagement in international human rights law: “The divide of the Cold War, at least temporarily, became a thing of the past.” The Security Council, the main power-holding body of the United Nations, experienced unofficial reform through an increased collaboration that enabled it to exercise its international peacekeeping measures under collective security. Byrne describes that this was a time “which embedded a form of accountability that was, and remains, radical for the international legal system.” After the end of the Cold War, it was not all rainbows. In some ways, one may even argue that the time of transformative power and peaceful collaboration within the Security Council was relatively short-lived. Today, we read of international law violations in the headlines, and the more we dig, the more we find. It is easy, given the circumstances of today, to become demotivated, hopeless, and even desensitized. That makes it easier for us to forget all the unlikely and sustainable ways in which the international legal system has been effective.

I asked Professor Byrne during the interview about how international law impacts all our lives without us noticing. In response, she holds up the coffee cup on the table in front of us: “Look at the coffee cup I’m holding right now: How did the coffee beans get here? What international legal arrangements are in place that allow for the importation of the coffee beans?” What she is saying is that international law is everywhere, and especially as students within an international context, we reap the harvest (eat the fish?). There are fundamental, all-encompassing ways in which international law affects our lives, and there are high-impact ways in which international law works to solve specific problems. Professor Byrne mentions for example the Red Cross and the International Red Crescent which were created by international treaties and do important, life-saving work that we sometimes fail to acknowledge. Whilst of course, many lives remain endangered and rights continue to be violated, “there’s international organizations that have a mandate to fulfill certain treaties, and they have an impact. Their work may not grab headlines, but their work has an impact on a daily basis, whether it is getting people unlawfully detained out of jail, or reuniting separated families.” These are only some of the ways in which international law, systematically, dramatically, and routinely improves (our) lives.

A second great impact of international law that we often overlook or fail to notice (unless we are lawyers or aspiring to be) is the language it created and its immense implications on international relations. Professor Byrne calls international law, the “vernacular” of international relations for this reason: international law language is everywhere, in statements by politicians, news agencies, civil society, and international organizations. “Customary law, the “inherent right to self-defense” or “prohibition of the use of force” and “crimes against humanity” are only a few examples of how all international actors, whether complicit in violations or accusing others (or both), talk in the terms of international law. In a way, it is like all the fish stay within the bounds of the giant net, even if they enjoy their right to swoop out occasionally. Professor Byrne mentions how politicians use these keywords for legitimacy, showing that “international legal standards become a legitimizing language, even if it is used cynically”. It shows that even the more adventurous ones, at the end of the day, do not want to be outsiders to the International Community. As humans, we tend to be quite sensationalistic. This means we often tend to remember singular events more, compared to patterns and legal instruments (especially if that is not our field of interest).

Professor Rosemary Byrne was a Human Rights Commissioner in Ireland after the Good Friday Agreement in 1998 and informed me of the ways this experience shaped her understanding of international law, its achievements, and its shortcomings. She shared that she was impressed and encouraged by the strength of cooperation and effort she witnessed in Ireland, but also reminded me several times of the uniqueness of all events like those, especially that the EU made the Good Friday Agreement much more rigid, and not all conflicts have access to that. Working as a Human Rights Commissioner, Byrne implemented treaties of the international community and the European Union like the European Convention and the International Covenant for Civil and Political Rights to construct mandates. I ask her if this experience made her more faithful in the international legal system, and she replies that witnessing this success was impressive, but she knows the many ways in which it is incredibly unique. What made this peace mission so successful was the implementation of international law into domestic law, as Professor Byrne believes that “the integration of international human rights norms made a big difference, and […] really empowered the commission.” The example of the Good Friday Agreement in Ireland shows how international law not only created transnational respect for the same rights but also established a sense of solidarity amongst states through consensus on what is right and wrong.

I wanted to write this article to inquire about the role of international law, whether we can put faith in it if it can be called “law” if it fails to persecute the repetitive offenders, and why we must engage in this system. I realized through my research and my conversation with Professor Byrne, that there are indeed plenty of shortcomings and failures of international law that make it hard to believe in it. However, I believe Professor Byrne made a very crucial point in our conversation, and since it changed my sense of appreciation for the global network we are a part of, I find it necessary to share. This fishing net, as I have been referring to it, definitely has its holes. Its ropes, however, are tough, and it protects us, more often than not without our conscious noticing. Without the international legal system and its regulations, its outlining of common values, goals, and priorities, and its active pursuit of justice, the world would be an even more dangerous place: “We don’t know what the situation would be without it, do we?”

The times we are in are often hurtful, overwhelming, and dystopian, in more ways than one. But I want to end this small article on a good note, and I sincerely mean what I write. My conversation with Professor Byrne ended with her contextualizing the changes that the international legal system has undergone after the Cold War and the reform that may be approaching. Whether or not the Security Council's permanent members will change to adapt to the changing global power dynamics is merely a subject of speculation. However, Professor Byrne makes the point that “although [...] it is hard to see how the world will transform, we’re clearly at a point of transformation. Crises of this scale are transformative moments and we just hope that it results in an international legal and governing system that's more effective.” There is a storm right now, but the force of something as powerful as that might end up nourishing the ecosystem in our fishing net.

Finally, I want to address our role, you and I, in all this. Why are you reading this article and why did I think it was important to write it? A change that has been gradually occurring over a long time is the impact the individual has: participation has been constantly increasing since the formation of the international community, and nowadays civil society has a voice, has a say. Human rights reporting, human rights monitoring, digital access, think tanks, NGOs, and big global events like the COP28 assigning a whole program to civil society engagement are just a few of the examples mentioned by Professor Byrne: “It's no longer solely a state system. The actors have changed and that means there’s more access to this system. And I even think in parts of the world where civil society is more constrained, there's always a space. I think that is what I’m always impressed and touched by, that the people in very difficult circumstances manage to still have a voice and impact.”

We can tug the net, pull it, push it, and mend it in the direction we want, in the direction that will make us feel safe, protected, and equipped for a just and flourishing future. Thank you Professor Byrne for your dedication to education, your time and patience for this interview, and your meaningful words.