International Politics and the Regulatory Capability of International Law: A Critical Analysis

Abstract

This study critically examined the regulatory capability of international law in contemporary international politics, investigating the structural and political factors that constrain its effectiveness in regulating state and non-state behaviour. The research was motivated by the growing tendency of states to disengage from binding international commitments and the proliferation of non-state actors operating beyond traditional legal frameworks. The study was grounded in two theoretical frameworks, realism and constructivism, which provided complementary lenses for understanding the structural constraints on international law and the normative influences that shape state behaviour. The study adopted a qualitative research methodology with an explanatory research design, utilizing secondary sources including academic journals, official documents, UN reports, and media sources. Content analysis was employed to systematically identify and interpret patterns, themes, and concepts within the collected data. The findings revealed three significant conclusions. First, international law's regulatory capability was fundamentally contingent upon geopolitical power and political will, with powerful states able to disregard legal obligations without meaningful consequences, as demonstrated by the Russian invasion of Ukraine, the Gaza conflict, and the United States' withdrawal from 66 international organizations in January 2026. Second, the proliferation of non-state actors, including private military companies, armed groups, and multinational corporations, created significant regulatory gaps that traditional state-centric legal frameworks could not adequately address. Third, the fragmentation of international law into specialized regimes undermined regulatory coherence and effectiveness, creating conflicts and inconsistencies that enabled strategic forum selection by states and non-state actors. The study concluded that while international law possessed significant normative authority and could shape state behaviour, delegitimize violations, and mobilize political responses, its regulatory capability remained fundamentally constrained by structural deficiencies and geopolitical realities. The study recommended the strengthening of enforcement mechanisms through coordinated multilateral action, the development of a comprehensive regulatory framework for non-state actors, and the establishment of a framework for regime coordination and coherence to address fragmentation challenges.