Dynamics of International Law: The Interaction of Normative and Operating Systems

Ancy P Anto

Abstract

In order to analyse and comprehend international law, this article provides a conceptual framework by outlining the fundamental elements of the operative and normative systems. The framework that represents an operational and normative system raises a lot of theoretical difficulties. In this essay, we will just quickly touch on one of such, namely operating system updates. By doing this, we want to solve the conundrum of why modifications to the operating system don't necessarily correspond to changes in the normative domain. An overarching theoretical case focuses on four circumstances. We contend that the operating system only reacts to normative changes when doing so is "necessary" resulting from incompatibility, ineffectiveness, or insufficiency for producing the intended effect of the norm, and when the change roughly coincides with a significant shift in the political landscape also known as "political shock". However, we also contend that resistance from powerful governments and domestic political forces may help to thwart or restrict such an operating system shift. As they relate to the prohibition against genocide, these arguments are shown by making three operating system references.