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The international regulation of whaling has been a tremendous success. It has reduced whale hunting dramatically from its peak in the 1960s and brought almost all species of whales out of danger of extinction. Today, whaling conservation stands as a—or perhaps the—paradigm of a successful international regime. Yet the international organization responsible for this success is itself in such crisis that it may not survive.

The paper asks whether humanitarian intervention is legal and reviews contemporary legal arguments on both sides. It finds that both views are sustainable by conventional accounts of the sources of international law; humanitarian intervention is at once legal and illegal. The paper then considers the implications of this for the idea of the rule of law in world politics. The power of international law in this case comes from its utility as a resource for justifying state policies, not as a means for distinguishing compliance from non-compliance. Law remains important to world politics, but in a different way than usually understood.