THE UNIVERSITY OF DODOMA

SCHOOL OF LAW

DEPARTMENT OF PUBLIC LAW.

SUPERVISEE: LUTISIA YUSTUS MWAMBE.

TITLE: INTERNATIONAL LAW FOR THE WORLD PEACE EXAMINATION OF

CHALLENGES AND EFFECTIVENESS.

SUPERVISOR: DR. SHUGHURU

DATE……………………………

i|Page
 Table of Contents

1.0 GENERAL INTRODUCTION…………………………………………………………….1

1.1 Background to the Problem…………………………………………………………...……1

1.2 Statement of the Problem……………………………..........................................................3

1.3 Objectives of the Research…………………………………………………………………4

1.3.1 General Objectives……………………………………………………………………….4

1.3.2 Specific Objectives………………………………………………………………………4

1.4 Literature Review………………………………………………………………………….4

1.5 Research Hypothesis……………………………………………………………………….6

1.6 Significant of the Study…………………………………………………………………….7

1.7 Research Methodology…………………………………………………………………….7

1.7.1 Research Approach………………………………………………………………………7

1.7.2 Types of Data Collection……………………………………………………….………..8

1.7.2.1 Primary Methods of data Collection………………………………………………..….8

1.7.2.2 Interviews………………………………………………………………………….…..8

1.7.2.3 Questionnaire…………………………………..………………………………………8

1.7.2.2 Secondary Method of Data Collection………………………………………………....9

1.7.2.2.1 Library Research………………………………………….………………………….9

1.7.2.2.2 Documentary Research………………………………………………………………9

1.8 Scope of the Study………………………………………………………………………….9

1.9 Reference…………………………………………………………………………………10

ii | P a g e
1.0 GENERAL INTRODUCTION

1.1Background of the Problem

International law concerns the structure, conducts of the state and international organisation,
and even the individuals. Normally international law composed of international treaties,
international customary law rules and principles of general application that deal with the
relationship of the state and international organizations and even an individual1. The aim is to
regulate world peace through curbing their disputes, regulate the use of force in form threats.
The international and regional organizations have emerged in this era for the aim to regulate
and prevent use of force. This study aims to delve into the complexities, examining how
international law addresses contemporary challenges and evaluating its effectiveness in
fostering sustainable global peace.
The development of international law can be traced back during the first world war which
fought between 1914-1918, when the world witnessed the first and mostly dangerous war, the
war resulted the massive destruction of properties, infrastructure, massive death of civilians,
militants and enhanced famine, unemployment, and suffering of civilians of civilians remained
after the war.2 Due to the undesirable destructions caused by the war, there was a need to have
an institution which will be responsible for the world peace and enhanced the formation of the
League of Nations in 1919 as an organization responsible for the world peace, which came into
force in 1920.3 Following unwelcome of the league of nation by other nations which were
defeated in the war and other challenges thereof influenced for its demise, as it fail to supervise
the world peace and hence the occurrence of the second world war in 1939-1945 in which the
world experienced the massive destructions for the second time, the world experienced with
the massive death of civilians, destructions of properties and even the economic declined. The
effects of second world war influenced desire of the nations to have some principles and rules
which will be used in regulating the world peace, as the states need peace so as to conducts the
business in free which will be useful in strength the economic prosperity and hence the
establishment of the United Nations through United Nations Charter, of 1945 as the
international instrument responsible for regulating international relations among the states.4

1
Fearon J. the reforming international institution to promote peace and security (jan6 2005)27
2
Kato,A Kasimu Mastering Advanced Level History Book Two,2 nd ed,( MWEAS Publishers Tanzania 2014)
3
Ibid.
4
Ibid.

1|Page
The united nations charter stands as the international constitutional which provide and
regulating the relationship of the states and international organizations.
The second world war remarks the establishment of the international organization known as
united nations established under article of the united nation charter to replace the league of
nation, the united nations is mandated with the same functions of the league of nation of
supervising the world peace and security, United nations learned much through the weakness
of the league of nations and improved on its mandate as the world peace and security
institution.5 In order to ensure its goal of maintain the world peace and security is achieved, the
united nations works through various organs as provided under article 7 of the UN Charter like
United nations General Assembly, United Nations General Secretary, UN Security Council,
an Economic and Social Council, International court of Justice, all these United Nations Organs
carried out the united nations goals into reality6.
International law, plays a number of roles in maintaining the world peace, among other includes
the following; Promoting Rule of law, Settling the Cross boarders’ disputes through initiating
of mediation and Arbitration as provided under article 33 of the UN Charter, Prevention of
wars, Humanitarian Principles in which is done by setting out the rules for protecting human
rights during the Armed conflicts, Disarmament through promoting an agreement aimed at
limiting the proliferation of weapons. In order to ensure its goals as the modern international
law are achieved, international law neutralize even dispute that do not involve in military force
so that these dispute do not escalate into war but to be clear ,7 in 21th centuries the international
law did more than just to resolve dispute , the strong variant is to resolve conflict, for example
UN charter asses the organization function include fostering cooperation in solving
international problems, harmonizing action of nation in attainment of their common ends and
peaceful dispute settlement.8

In the current world, the increasing complexity of global conflicts coupled with the evolving
nature of transnational threats, as underscored the importance of international law in
maintaining world peace. The rules that countries follow to keep peace globally are facing big
problems, this is due to the fact that, the powerful countries are changing how things work, this
is a result of poor enforcement mechanism, state sovereignty tensions and emerging form of
warfare, in which pose the significant challenge and make hard for this rule to be effective. For

5
Sonnback, A, How Successful has the UN been in Maintaining International Peace and Security (2020)
6
Kutbay, E, Maintaining International Peace and Security.
7
marks S, the role of international law (2010)
8
Masoud D, the effectiveness of international law in resolving international armed conflicts (vol 2 2019)

2|Page
instance, when countries break international rules, it’s tough to make them follow the
consequences.
1.2 Statement of the Problem

It is undisputed facts that, the core function of the international law as undertaking by the UN
is to maintain the world peace and security as provided under article 1 of the UN Charter.9 In
order to achieve its goal of maintain the world peace and security, there is an establishment of
the United Nations, as international and intergovernmental institution responsible to maintain
the world peace and security. The UN performing its functions including peace keeping
through its organs by regulating the conducts of the states toward peace keeping and taking
effective and collectives measures for the nations which violates the international law, taking
measures is done in order to avoid threats to the world peace and security.

The international law provides a frame work in resolving conflict and ensure peace and security
in the world by promoting cooperation between the states.10 Herein the United Nations through
security council have performing a number of action for the purpose of maintain the peace and
security in the world, for instance in Iraq in 1990s the UNSC has implemented sanction and
resolutions in order to address the conflicts between Iraq and Kuwait in which the Iraq occupied
Kuwait, the conflict threat to the world peace.11 Also in North Korea the UNSC has imposed
sanctions so as to curb North Korea’s nuclear weapons program and maintain reginal stability,
all those are the effort of international laws in maintain the world peace and security.12

Despite of the remarkable role of international law in maintain the world peace, still there are
some sorts of challenges of international laws in ensuring the world peace and security as the
core function for its existence, there some instance the enforcement mechanism under the
international law undermine the power of international law also the enforcement mechanism
does not produce the effective result, since there are big nations in which there conduct are too
threats for the world peace however under the international law no strictly measures are taken,
international law is accused of having power imbalance since the powerful state are less
accountable for the violation of international law and enhance the low its credibility.

9
Charter of the United Nations, 1945
10
Raustiala K. international law, international relation compliance (2006
11
Issue of Iraq and Kuwait, http://britanica.com Accessed on 11th November 2023
12
Korea issue on armament, https://bitanica.com Accessed on 9th November 2023

3|Page
The conduct of Non state Actors, under international law there is struggle in maintain the
conducts of Non-member of the UN such as terrorist groups which currently became the source
and threats to the world peace, these my not adhere to the international laws principles since
the measures taken by the UN are always bound to the political dynamics among its member,
to them international law rules are nothing just a mere law and have no force to them, this hind
the effectiveness of the international law to perform its intended functions as provided under
the UN Charter.

1.3 Objective of the Research

This study will be guided by both general and specific objectives as follows

1.3.1 General Objective

The main objective of this study aimed at examining the effectiveness of international law in
promoting and maintaining world peace.

1.3.2 Specific Objectives

i To examine the international laws which govern the world peace

ii To identify the challenges and limitation that hinder the effectiveness of international law
in promoting world peace.
1.4 Literature Review

Nchekwube C13, considers peace through justice, institution including truth commission and
international court, there is challenges to respond the post conflict calls for accountability while
maintaining peace by balancing use of traditional prosecution of war crime and transitional
justice mechanism. the Rome status in international tribunals lack legitimacy because of
selective prosecution both victim and witness , state they lack security guarantee , the
international criminal court are dependent on cooperation with national institution for
collection of evidence , delivery of arrest warrant its difficult when domestic institution weak
in particular national court , may lack judicial independent , resources and personnel there may
be backlog of case and problem with efficiency and corruption , example case of Guatemala
the trial of general Riosmont 14 , on the charge of genocide in Guatemala resulted in suspension
of ICC itself may not have directly deterred war crimes but instead ,indirectly prompted

13
Ezenia C. international criminal law review(16:3 2016).
14
Guatemala the trial of general riosmont (2016)

4|Page
national prosecution which may have some deterrence effects. The hybrid institution example
Cambodian court suffer from corruption, delays, underfinance.

Watts15, address of nuclear disarmament and the regulation of arms trade as one primary pre-
condition for peace, activist through the age but resulting in contradictory standards within
international laws, on the advancement of technology beyond limits to present international
law example neither autonomous weapons nor incidence weapon are regulated the heavy use.

Andreasen A16, the argument that the main constraints on sustainable development may not be
a poverty trap, but rather traps of violence that constrains sustainable development by consider
lack of functioning legal structure and institution for right protection and public policy.

Couso J, state concern that their cultural shift in favour of increase resort to military force to
resolve conflict and weakening of non-violent dispute resolution mechanism, including
diplomacy and conciliation as well as lack of attention as urgent need to address structural
violence which lies at the foundation of persistence inequality within the world.

Goldsmith J17. International law has long been burdened with charges that not real law, this
misleading claim is premised on some undeniable but misunderstood facts about international
law that lacks a centralized or effective legislature, executive or judiciary that it favours
powerful over weak states , that is simply mirror extent international behaviour and its
sometime violate impunity , it seek to explain how international laws work by integrating the
study of international law with realities of international politics, the theory focus on two
element of international politics the state power and state interest , the theory is that
international law emerge from state acting rational to maximize their interest , give the
perception of the interest of other state and distribution of state power , also the international
law addressed itself to state and for the most part not to individuals or other entities such as
government .North American free trade agreement did not confer international legal obligation
on president Clinton but rather on united states, the united states remain bound by these
obligation until future government withdraw the united states from treaty, although states are
collectivising they arrange themselves like agent, the placement of the state at the centre of
analysis necessary limits the scope of international laws.

15
Watts. Autonomous weapons regulation tolerant, Temple international and comparative law journal (30.1
2016)
16
Bard A. The complexity of guarantee peace through normative process (chapter 8)
17
Goldsmith J. The limit of international law (oxford university press 2005)

5|Page
Wippman,D18, the international law plays important role in maintain relation between
nationals , on govern cooperation and peacefully conflict resolution , there a challenge on
enforcing international laws ,the writer analyse complexity involving in ensuring compliance
of international law include state sovereignty and non-interference , international law respects
the principles of state sovereignty which limits external interference in national internal affairs,
compliance and sanction of international laws because ensuring compliance with international
laws focus on diplomatic negotiation, economic sanction.

Wippman,D , argue on the humanitarian intervention that can likely understood as a use of
force to end grave human rights abuse , in most cases a single state has intervened in
neighbouring country , invoking a collective self-defence rational , such intervention have
caused on two response , either most state have condemned them as violation of international
law or most state have tacitly accepted the intervention without inquiring too deeply into their
legal basis , its legally challenged because on its face between law enforcement action regulated
by international human rights laws and hostile act controlled by international humanitarian law.

Hakim M19 ,the UN general assembly tied those functions of international law in the 1970
Declaration on principles of international law concerning friendly relation and cooperation ,
the declaration use word cooperation to mean voluntary coordinated action of two or more
states which takes place under a legal regime and serve a specific objective , the international
law has challenges in enforce the cooperation and relation between the states , illegitimate
because it promote objectives that are not shared but rather foisted by the powerful on the
weak , ineffective because even if it expressed a shared agenda , it does not actually advance
that agenda by deterring the contentious conduct that gets in the way , the international law
is a social phenomenon that interact with material world example economic restriction ,
deteriorated diplomatic relations , to say that international law enable conflict and contribute
to these happening in the world.

1.5 Research Hypothesis

This study will be guided by the assumption that, ineffectiveness of international law rules in
implement its goals is the threat to the world peace and security.

18
Wippman,D, dilemma of international law enforcement (LCAO 2001)
19
Hakim M. The work of international law (2017)4

6|Page
1.6 Significance of the Study
This study is of significances in that it provides promote cooperation between the nations,
international law governs the nations to cooperate and work together on the different common
issues such as human rights, international trade, whether and climate change.
Provide a method for resolving dispute, international law provide a mechanism for resolving
dispute between nations and emphasize a peace fully ways.
Encourage economic development, international law through maintain the world peace enable
the nations engage in productive activities without interaction which can led the destruction of
wealth like industries, also through international trade law s facilitate global economic growth.
Protect human right, international law in regulate the peace in the world it helps to protect
human right because people respect the human life, and there is no violation of human right,
freedom of movement, promote human dignity but if there is a conflict the human rights
violated at large context because their occurrences of mass killing of people, restriction of
movement.

1.7 Research Methodology

Research Methodology is the logical and systematic plan to solve the research problem, under
the research methodology researcher will be able to structure the whole research, it involves
the stage used in conducting research which includes, data collection methods, method of
analysing data collected, interpreting and evaluating information obtain in the process of
conducting this study.20

1.7.1 Research Approach

This study will employ both qualitative and quantitative methodology in the process of
collecting, interpreting, and analysing of the information necessary for this research, this is
because the data which ought to be collected in the field some will involves numerical and non-
numerical data so this attract the attention of both methods to be involves in the process of
collecting, interpreting, and analysing of the information necessary to support the study at
hand21.

20
Dr Myneni, S.R, legal research methodology, (Allahabad law agency, Asian offset press 2001)
21
Dr Myneni, S.R, legal research methodology, (Allahabad law agency, Asian offset press 2001)

7|Page
Qualitative is the method used collecting, analysing and interpreting non-numerical data, on
this method researcher would analyse case study of specific instance where international law
governs the world peace and prevention of conflicts. Quantitative Method in this method
normally the researcher applying when collecting, interpreting and analysing a numerical data,
a researcher would be examining the successfully rate of international court and tribunal in
prosecuting war crimes.

1.7.2 Types of Data Collection

This are the methods used by the researcher in data collection, under this study the researcher
will used both primary and secondary methods of data collecting as follows.

1.7.2.1 Primary Method of Data Collection

1.7.2.2 Interviews

This is the method of data collection in which involve a direct conversation between
interviewer and a respondent in order to obtain necessary information to support the study at
hand, under this study researcher is expecting to conduct an unstructured interview with the
UN legal department and other relevant department relevant to the study at hand. The
researcher choose an interview as the method of collecting data because this method will give
an opportunities researcher and respondent in exchange questions purpose to reveal the
necessary information which will be appropriate in solving the problem at hand, also the
methods is less costs and not time consuming as respondent will spend not much time with
research, it is easy to ask for clarification in the area which are not well understood by the
researcher.22

1.7.2.3 Questionnaire

Questionnaire is the method of data collection which comprises a set of questions purposely to
reveal information from respondents which are necessary in solving the problem at hand,
questionnaire under this study will consists some of closed-ended question and open-ended
questions in order to give room for the respondents to answer the questions freely. Under this
study the researcher will prepare questionnaire which is typically mixed with some open-ended
and closed-ended questions, which will be drafted in a such attract the respondent to deliver
the information which will support the study at hand.23

22
Dr Myneni, S.R, legal research methodology, Allahabad law agency, Asian offset press 2001
23
Research Questioner, https; www.questuinpro.com blog Accessed on 14th December 2023

8|Page
1.7.3 Secondary Methods of Data Collection

1.7.3.1 Library Research

The researcher obtained some information from the university of Dodoma particularly the
college of business and school of law library , in form published and unpublished materials
,also in form of textbooks, research paper and journals relating the research study , in addition
to library research , the study employed online research , which entails data collection through
the internet accessed from computer laboratory of the university of Dodoma , the researcher
accessed several online journal papers to the study via various online websites, including Hein
online website.24

1.7.3.2 Documentary Review

In this study involve a document analysis as method of data collection on reviewed the statutes,
text books, articles and case laws on related study and other relevant material available
concerned international laws.

1.8 Scope of the Study

The scope of this research would confine to examine the challenges and effectiveness of the
international law in promoting world peace and security, this would include the consider the
international laws and international conventions and their implementation.

24
Library research (https://home. Heinonline.iorg

9|Page
 REFERENCE

INSTRUMENT

The Charter of United Nations, 1945

BOOKS

Dr Myneni, S.R, legal research methodology, Allahabad law agency, (Asian offset press 2001)
Kato A Kasimu, Mastering Advanced Level History Book Two, 2nd ed, MWEAS (Publishers
Tanzania, 2014)

JOURNAL ARTICLES

Zolo D, international peace through international law (1998)

marks S, the role of international law (2010)
Masoud D, the effectiveness of international law in resolving international armed conflicts (vol
2 2019)
Denegre L. the issue of enforcement in international law (2023)
Fearon J. the reforming international institution to promote peace and security (jan6 2005)
Hakimi M. the work of international law (2017)
Baustiala K. international law, international relation compliance (2006)
Bailliet C. Promotion peace through international law
Ezenia C. international criminal law review (16.3 2016)
Guatemala the trial of general riosmont (2016)
Watts. Autonomous weapons regulation tolerant, Temple international and comparative law
journal (30.1 2016)
Bard A. The complexity of guarantee peace through normative process (chapter 8)
Goldsmith J. The limit of international law (oxford university press 2005)
Wipman D. dilemma of international law enforcement (LCAO 2001)
Hakim M. The work of international law (2017)
CASES.

Guatemala the trial of general riosmont (2016)

ONLINE RESOURCES

Issue of Iraq and Kuwait, http://britanica.com Accessed on 11th November 2023

Korea issue on armament, https://bitanica.com Accessed on 9th November 2023

10 | P a g e