Therefore, the consideration of international law ratification should be based by the government on balancing the sovereignty of a state with the welfare of its people.

Prof. Rahmad emphasized that international law has impacts on the domestic community as ratification of international law binds the community within a state. Therefore, the government’s consideration of international law ratification should be based on the balance between the sovereignty of the state and the welfare of its people.

“How far the international law may accommodate the direction of a state. For instance, we don’t want people’s consumption of the local products to be dependent on the global products as the result of the free market. Besides, the law may bring justice to the state. For example, universal vaccination mandate may be easy to enforce in developed countries, but will be difficult in developing or less developed countries,” said the former Secretary-General of the Asian-African Legal Consultative Organization.

One thing to understand is that international law is a Eurocentric legal regime. Prof. Rahmad said that the regulations are formulated by developed countries with a political law to benefit them. Therefore, the landscape to ratify international law must be considered by developing countries.

“A state has to understand that the ratification of international law will change the domestic law. Therefore, politics and influential social identities should be carefully considered. If it is futile or not linear with the people of that country, why ratify it?” said the Jurist.

In the end, Prof. Rahmad explained several important components in the ratification of international law. Firstly, the legal interpretation, as the international legal norms are sometimes interpreted as they please to align them with national interests. Secondly, the importance of expert capability in implementing laws that contain many technical rules. Thirdly, the importance of public participation in the ratification of international law. Lastly, the need for good negotiation capabilities on an international scale.

Author: Pradnya Wicaksana

Editor: Nuri Hermawan