The North and South Divide in the Practice and Application of International Law: A Humanitarian and Human Right Law Perspective


  •  Abdul Hamid Kwarteng    
  •  Thomas Prehi Botchway    

Abstract

The North and South divide in the practice and application of international laws have been previously perceived to be evident in international environmental law where the Global developed North countries on the one hand advocate for a collective action to protect the environment while the Global developing Southern countries, on the other hand, argue for social and economic justice in practice. However, in recent times the North and South divide has permeated other aspects of international law such as International Human right and International Humanitarian law (IHL), hence the essence of this article. Thus, this article contributes to the existing literature by providing evidence to the existence of the North and South divide in the application of IHL and human right law.

The article is divided into four main parts. The first part gives an introduction to the North and South divide in the application of international law. The second part reviews the literature on the existence of North and South divide in the application of international environmental laws. The third part gives a new dimension to the North and South divide in the application of international humanitarian and human right laws with the Syrian Crisis, Malaysian Airline flight MH17 and the 2007 draft resolution on the peace and security of Myanmar as the case studies. The last part concludes by giving an overview of how this phenomenon threatens world peace and consequently offers some recommendations.


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