Power and its distribution have always been the central themes of international law, yet international lawyers have paid limited attention to the correlation between power shifts and legal change. Notably, international law effectively operates when balance of power is sustained. With this qualification, this paper examines the relationship of international law with the change in power distribution, arguing that international law should proactively attend to power in order to contribute to the peaceful reconfiguration of the international system. Furthermore, this paper explores the mechanism of power shift being transmitted to law shift and specifically adduces the process and effectiveness of hegemonic international law change centered on UNCLOS.
The Shift in Power Distribution and its Influence on the Law of the Sea,
U. Pa. J. Int’l L.
Available at: https://scholarship.law.upenn.edu/jil/vol45/iss1/2