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UN80: Promise or Paradox

At eighty years of age, the United Nations General Assembly stands at a moment of profound reckoning.

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The flag of the United Nations flying on the opening day of 65th general debate of the General Assembly in New York City on 23 September, 2010. [UN Photo/Mark Garten]

International law now grants rights to all human beings, not only to citizens. ~ Kofi Annan

International law? I better call my lawyer; he didn’t bring that up to me. ~ George W. Bush

What are the United Nations

The perceived misconception that the United Nations is a body set up to achieve global peace will undoubtedly be once again in the forefront of the convening of its General Assembly on 22 September 2025, when the Organization convenes its 193 member States at its headquarters in New York.

The United Nations, conceived in the ashes of a world ravaged by war, was formally established on 24 October 1945 as an intergovernmental organization dedicated to the solemn pursuit of maintaining peace and cooperation among nations. Headquartered in New York City, and sustained through the membership of 193 sovereign States, its institutional edifice rests upon six principal organs — the General Assembly, the Security Council, the Economic and Social Council, the Trusteeship Council, the International Court of Justice, and the Secretariat. Each of these bodies, distinct in their mandates, converges upon the shared purpose of preserving humanity from the scourge of conflict and fostering the well-being of peoples everywhere.

The gestation of this body was inextricably tied to wartime solidarity. At the Yalta Conference of 1945, Franklin Roosevelt, Winston Churchill, and Joseph Stalin laid the scaffolding of what would become the new order of collective security. Later that year, in San Francisco, representatives of 50 nations convened to draft the Charter of the United Nations — a document not merely of law but of aspiration, embodying both the tragedy of the past and the hope of renewal. The seeds of its philosophy had already been sown earlier, in 1941, through the Atlantic Charter in which Roosevelt and Churchill envisaged a world premised upon freedom, self-determination, and shared responsibility.

In the decades since its inception, the United Nations has undertaken peacekeeping operations of remarkable magnitude, deploying more than two million personnel from 125 countries in 71 missions. Its specialized agencies have been credited with achievements of enduring significance: the eradication of smallpox in 1980, and the halving of child mortality rates since the dawn of the new millennium. Yet the Organization has not escaped criticism. The veto power wielded by the five permanent members of the Security Council has frequently been seen as a structural infirmity, allowing paralysis in the face of grave crises and undermining the very legitimacy of the institution’s claim to universal guardianship of peace.

The United Nations proclaims as its mission the advancement of peace, the protection of human rights, and the mitigation of global challenges — poverty, hunger, disease, and climate change among them. Its Member States, now numbering 193, are listed and chronicled in the annals of the Organization, each inscribed with the date of its admission, each joining the collective endeavor to build a rules-based international order. The UN today is more than an assemblage of nations: it is a moral claim, however imperfect, that humanity can regulate its affairs through cooperation rather than conquest.

Its predecessor, the League of Nations, failed in this noble pursuit. Born in 1920 in the aftermath of the First World War, the League was undermined from inception by the refusal of the United States — paradoxically, its chief proponent through Woodrow Wilson — to join. The United Nations, by contrast, emerged from the embers of the Second World War with greater consensus, and with the United States firmly embedded at its core.

The physical home of this Organization is no less symbolic. Eleven architects, accustomed each to autonomy and mastery, collaborated — often in contestation, yet ultimately in unity — to construct the headquarters on an 18-acre site along Manhattan’s East River. This complex, equipped with its own postal administration, fire brigade, and security service, functions as an international zone belonging not to one State but to all. Within its walls resound the debates of nations, lofty in intent and often fraught in practice.

Thus, the United Nations stands as both promise and paradox: the most ambitious attempt yet undertaken to institutionalize peace, and at the same time a forum whose efficacy is circumscribed by the realities of power. Its existence reminds us of humanity’s perennial struggle — to reconcile sovereignty with solidarity, and to render law and cooperation instruments not of the strong alone, but of all peoples.

The Promise and Paradox: The Misfortunes of International Law

The promise of international cooperation and the paradox of polarizing politics across the world have never been as evident as in the current context, where breaches of sovereignty, digressions from the tenets of humanitarian law, and provocative State action against one another will abound at the discussions of the 80th anniversary of the United Nations. The only glue that holds these polar opposites has been international law based on the sovereignty of States, the identity of nations, and the dignity of the human being. That too is fading away because international law is increasingly losing its international nature, and States interpret, view, and practice the global tenets of international law from their own perspectives.

The metaphor of the “invisible college” has, for long years, captured the imagination of those who view international law as a rarefied collegium of minds transcending national boundaries—a brotherhood and sisterhood of jurists, scholars, and practitioners united by a shared devotion to the interpretation and application of norms with coherence and universality. It is an alluring conception, promising that international law, unlike its domestic counterparts, would stand above the fray of politics, harmonizing disparate sovereignties into a seamless legal order. Yet, like most romantic visions, it falters when measured against the realities of practice. International law does not exist in splendid detachment; it is mediated through the prisms of domestic institutions, jurisprudential inheritances, and the imperatives of national interest.

Anthea Roberts in her book Is International Law International, aptly observes that international lawyers may be better understood not as members of one invisible college but as constituents of a divisible one, hailing from varied states, regions, and geopolitical alignments, forming interpretive communities that overlap only intermittently. These communities, while conversant in a shared vocabulary of treaties and precedents, nevertheless carry into their work the imprint of their national traditions and institutional loyalties. Judges and lawyers, steeped in the jurisprudence of their homelands, inevitably transpose those commitments into international contexts. The consequence is not a seamless web of legal uniformity but a mosaic—patchworked, sometimes contradictory, and often contested.

The enduring myth of the “invisible college” therefore misrepresents the condition of international law. To conceive of it as a harmonious intellectual republic is to ignore the reality that it is, in fact, a divisible college, fractured by differences in legal training, institutional culture, and professional networks.  The challenge for the future is not to persist in the myth of invisibility, but to acknowledge divisibility and to find mechanisms—whether through harmonization, dialogue, or adaptive treaty-making—to manage, and where possible, reconcile these divergences.

International law, contrary to the image cultivated by its aspirational rhetoric, is not a seamless garment draped evenly across the globe. It is better described as a patchwork quilt, stitched together from the diverse backgrounds, cultural inheritances, and institutional contexts of those who interpret and apply it. Its practitioners do not emerge from a uniform mould. Some are shaped by the civil law traditions of continental Europe, others by the common law systems of the Anglo-American world, still others by hybrid systems born of colonial legacies, emancipation struggles, or present-day geopolitical realignments. Each lawyer’s professional trajectory is marked by local institutions and national priorities; their interpretive choices are framed by the political imperatives of their respective states and regions.

This plurality explains what is often labeled “fragmentation” in international law. Far from being a disorderly aberration, it is a structural reality. International law has not merely splintered into subfields—trade, public health, aviation, human rights—but has generated self-contained universes within those fields. Each comes with its own professional communities, incentives, and institutional loyalties. Yet these domains are not hermetically sealed. They bleed into each other, producing dilemmas that demand reconciliation.

To truly understand international law, one must look beyond the allure of universality and confront its dual existence. On the one hand, it thrives in a transnational epistemic community where ideas, precedents, and aspirations are shared across borders. On the other, it is grounded in domestic legal systems, where international norms must be translated into practice, reconciled with sovereignty, or resisted outright. It is in this liminal space—between the transnational and the domestic—that international law acquires its vitality. Its character is shaped not merely by treaties or resolutions, but by practitioners navigating the chasm between global commitment and national exigency.

Thus, what confronts the scholar or practitioner is not a monolithic edifice but a delta—an array of channels flowing from a common source, yet dispersing into multiple directions according to time, place, and circumstance. The discourse of fragmentation, explored extensively by the International Law Commission, reflects this reality. Some lament the incoherence it produces; others celebrate its pluralism as a necessary adaptation. Aviation law demonstrates the paradox acutely, for the skies constitute a crucible where trade, health, and rights collide, forcing reconciliation among competing regimes.

In the final analysis, international law is not the invisible college of myth but the divisible college of reality. Its diversity is both its challenge and its strength. The patchwork must be acknowledged, even as efforts are made to weave its disparate strands into patterns of coherence.

My Take

At eighty years of age, the United Nations General Assembly stands at a moment of profound reckoning. Conceived as the conscience of humanity, it was intended to serve as a forum where nations, large and small, might transcend the parochialism of power politics and speak to the higher ideals of peace, dignity, and the common good. Yet the contemporary landscape reveals an erosion of the universalist impulse that animated its birth. International law, once heralded as the great harmonizer of sovereign will, is now treated as optional or, worse still, disposable in the face of populist fervor, polarizing rhetoric, and the unabashed pursuit of national interest. In this setting, the Assembly must reclaim its moral authority by resisting irrelevance. It must remind nations that the protection of human life and dignity is not negotiable, and that sovereignty without responsibility is nothing more than an abdication of civilization itself.

To do so, the General Assembly must transcend ritualistic debate and assume the role of an active custodian of conscience. It must use its universal membership to galvanize collective action on issues where the Security Council is paralyzed, from humanitarian intervention to the climate crisis. It must affirm that law is not the servant of expedience but the architecture of order, and that dignity cannot be subordinated to the whims of populist leadership. By elevating the voices of the marginalized, forging coalitions that transcend blocs, and articulating principles rooted in our shared humanity, the Assembly can demonstrate that even in an era of fragmentation and disregard, the international community retains the capacity for solidarity. At eighty, the choice before the General Assembly is stark: to lapse into ceremonial obsolescence, or to rise anew as the indispensable forum of moral clarity and collective resolve.

Ruwantissa Abeyratne

Dr. Abeyratne teaches aerospace law at McGill University. Among the numerous books he has published are Air Navigation Law (2012) and Aviation Safety Law and Regulation (to be published in 2023). He is a former Senior Legal Counsel at the International Civil Aviation Organization.

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