International Law
International law refers to the set of rules, agreements, and treaties that are binding between countries. It governs the conduct of states and international organizations and regulates issues such as diplomacy, war, trade, human rights, and the environment. International law aims to foster cooperation and peaceful relations among nations. In practice, it has led to a large international bureaucracy around multilateral institutions such as the United Nations, European Union, and various other bodies.
Contents
Sources
The sources of international law have been the subject of much dispute. International conventions (treaties) and customs are the traditional sources of international law, but the International Court of Justice now recognizes four sources:
a. international conventions, whether general or particular, establishing rules expressly recognized by the contesting states;
b. international custom, as evidence of a general practice accepted as law;
c. the general principles of law recognized by civilized nations;
d. subject to the provisions of Article 59, judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law.[1]
Types
Scope can be used to categorize international law into types. Particular international law applies to two, or very few, states. Regional international law applies across a region. Both particular and regional international law would typically be established through treaties. General international law applies to many states, and universal international law is held to be binding to all. These two may also be derived from multilateral treaties, but also from custom.
International Law vs. Municipal Law
International law may be characterized as a lateral system of actors freely entering into obligations with no agencies above them capable of compelling compliance. Each actor typically possesses the ability to use force and to appeal to other actors, individually or in international organizations, for legitimacy.
In successful states, the state has monopolized the legitimate use of force. Therefore, Municipal, or domestic, law is a hierarchical system; one may imagine a legislature at the top of the pyramid, followed by the court system, the law enforcement system, and the people. All are bound to the same law, but it is clear that laws are made and promulgated top-down.
There are numerous bodies that practice international governance, but they are not an international government. They do not make laws, they have only those powers exercised through them by states, and they do not hold a monopoly on the legitimate use of force. Compared to municipal law, there are few sure sanctions for violation of international law.
Key Terms and Concepts
- Treaty: A formal agreement between two or more states in written form and governed by international law.
- Customary international law: Practices and norms that have become binding through widespread and consistent practice over time.
- International human rights law: A body of law designed to promote and protect human rights at the international, regional, and domestic levels.
- International humanitarian law: Legal rules that protect individuals in times of armed conflict and limit the means and methods of warfare.
- International criminal law: A body of law that addresses international crimes such as genocide, war crimes, and crimes against humanity.
- Sovereignty: The principle that each state has exclusive authority over its territory and domestic affairs.
- Jurisdiction: The authority of a state to apply its laws to persons, property, and events within its territory.
- Extradition: The process by which one state surrenders a suspected or convicted criminal to another state.
- Diplomatic immunity: The privilege granted to diplomats that exempts them from certain laws and taxes in the host country.
- International Court of Justice (ICJ): The principal judicial body of the United Nations, which adjudicates disputes between states.
- United Nations Charter: The foundational treaty of the United Nations, establishing its purposes, functions, and structure.
- Law of the sea: A body of public international law governing the rights and responsibilities of states in maritime environments.
- Refugee law: Legal principles and standards for the protection of individuals fleeing persecution or conflict.
- Arbitration: A method of dispute resolution where a neutral third party renders a binding decision.
Key Cases
- The Paquete Habana (1900) - Established that customary international law is part of U.S. law.
- Corfu Channel case (1949) - Established principles of state responsibility and the duty to warn other states of danger.
- Nottebohm case (1955) - Addressed the issue of nationality in international law and the genuine link principle.
- Barcelona Traction case (1970) - Clarified the rights of states to protect their nationals against injuries caused by another state.
- Nicaragua v. United States (1986) - Affirmed the prohibition of the use of force and the principle of non-intervention.
- Lockerbie case (1992) - Addressed issues related to international terrorism and state responsibility.
- Case Concerning Pulp Mills on the River Uruguay (2010) - Established principles for environmental impact assessments under international law.
- Whaling in the Antarctic case (2014) - Ruled on Japan's whaling activities in relation to international conventions.
- South China Sea Arbitration (2016) - Clarified maritime entitlements and sovereign rights under the United Nations Convention on the Law of the Sea (UNCLOS).
History
Human beings have organized themselves into polities for thousands of years; as individuals developed norms for interaction with one another, so, too, did polities develop norms to regulate their own interactions. The modern form of international law did not begin until the Peace of Westphalia established the sovereign state and the realist international paradigm. It evolved with the succession of great powers, but in the early twentieth century underwent a revolution: The liberal school of international relations began to view certain non-state actors as international personalities and, at the same time, established international bodies to oversee the execution of international law. The modern paradigm is still primarily state-based, but the forces of globalization may continue to erode the prominence of the state.
Bibliography
- Brownlie, Ian. Principles of Public International Law. Oxford: Oxford University Press, 2008. ISBN 978-0199260713.
- Cassese, Antonio. International Law. Oxford: Oxford University Press, 2005. ISBN 978-0199259397.
- Crawford, James. Brownlie's Principles of Public International Law. Oxford: Oxford University Press, 2019. ISBN 978-0198737445.
- Dixon, Martin, and Robert McCorquodale. Cases and Materials on International Law. Oxford: Oxford University Press, 2016. ISBN 978-0198727644.
- Malanzczuk, Peter. Akehurst's Modern Introduction to International Law, 7th ed. New York: Routledge, 1997.
- Shaw, Malcolm N. International Law. Cambridge: Cambridge University Press, 2017. ISBN 978-1107188471.
- Sornarajah, M. The International Law on Foreign Investment. Cambridge: Cambridge University Press, 2021. ISBN 978-1107150218.
- Talmon, Stefan. Recognition of Governments in International Law. Oxford: Oxford University Press, 1998. ISBN 978-0198265733.
- Triggs, Gillian. International Law: Contemporary Principles and Practices. Cambridge: Cambridge University Press, 2006. ISBN 978-0521693151.
See Also
- Public international law
- Private international law
- International relations
- United Nations
- International law commission
- World Trade Organization
- International criminal court
- Humanitarian law
