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Other possible issues and future outlook

Ian Brownlie points to the question that under what conditions would the 'obligations of the United Nations Charter cease to bind all members'? This is because he actually sees this as a weakness within the legal regime. [33] The very credibility and functioning of the UN legal regime depends upon existence of widespread membership. So what will the legal situation be like in the case on of non-members freely resorting to force? That would ultimately lead to the collapse of the organisation. Brownlie also states that these provisions should be read in isolation from customary law. [34] This would ensure that even in complete non-conformation of UN provisions, there will be customary law relating to use of force, so the law in itself will not collapse completely. But the unclear position as to the limits of UN provisions' general acceptance does lend more credence to the assertion that the law is 'illusory'.

We will rely on the 2010 US National Security Strategy commonly known as the Obama Doctrine of 'Necessary Force' to evaluate the kind of framework we can expect for the future. As noted earlier, it is ultimately state practice which dictates the trends in international legal enforcement. Christian Henderson notes that President Obama feels that the current framework is 'buckling' under threat from new kinds of threats to world peace in form of non-state entities. [35] President Obama, while criticising the Bush Doctrine holds that the US has always had a right to pre-emptive defence and sometimes this kind of defence would be 'necessary'. Worryingly, he gave no indications as to type of scenarios where the action would be 'necessary'. Henderson feels that President Obama's doctrine tilts towards the customary legal position emerging out of Caroline affair [36] but by not actually defining what would constitute as 'necessary' or 'proportional', the doctrine is relying on a 'sophisticated evasion'.

On a concluding note, it is hereby submitted that the law around use of force still has an intact structure and ability to adapt to changing situations. Importantly, it also is has the ability to withstand serious breaches and maintain its position. But one facet which consistently makes the law seem as 'illusory' is its lack of enforcement and inconsistent state practice.
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