Anaya Nolan
International law is a set of rules, agreements, and treaties that are binding between countries. International law is distinct from the domestic law of individual nations, and there is no international body that can enforce it. Treaties are a key source of international law, and they are express agreements that countries enter into voluntarily. Sovereign states use treaties to cooperate on various issues such as military defence, environmental conservation, and trade. International law also includes concepts of law that are common in many Western domestic legal systems, such as substantive law, procedural law, due process, and remedies. International law establishes norms for states across a broad range of domains, including war and diplomacy, economic relations, and human rights.
| Characteristics | Values |
|---|---|
| Actors | Individuals, states, international organisations, and non-state groups |
| Sovereignty | Independent and sovereign |
| Recognition | Recognition by other states |
| Treaties | Binding agreements between nations |
| Customary law | Patterns of behaviour that develop into law |
| General principles of law | Aspects of common law shared by most countries |
| Judicial decisions | Decisions of the nations in question |
| Scholarly articles | Articles that influence law |
| Enforcement | No governing body to enforce agreements |
| Incentives | Treaties and economic sanctions |
| Norms | Informal, often unwritten guidelines about appropriate behaviour |
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What You'll Learn
Sovereign states
International law plays a significant role in shaping the relations between sovereign states. It establishes norms and standards that states feel an obligation to obey in their mutual interactions. These norms cover a range of domains, including war and diplomacy, economic relations, and human rights. Treaties, such as the Geneva Conventions, are a key source of international law, creating binding agreements between nations that govern their rights and obligations. Treaties enable sovereign states to cooperate on issues such as military defence, environmental conservation, and trade.
The United Nations, as an international organisation, plays a pivotal role in international law. The UN Charter, its founding document, outlines rules that countries agree to uphold, including respecting human rights, upholding borders, and settling disputes through negotiation rather than conflict. However, it's important to note that international law operates largely on the consent of participating nations, as there is no governing body to enforce these laws directly.
The concept of sovereignty has evolved with the emergence of self-determination and the prohibition against the threat or use of force as jus cogens norms of modern international law. Political science defines sovereignty as the essential attribute of a state, encompassing its self-sufficiency in domestic policy and independence in foreign affairs. The declarative theory of statehood defines a state as a person in international law if it meets specific criteria: a defined territory, a permanent population, a government, and the capacity to enter into relations with other states. On the other hand, the constitutive theory of statehood asserts that a state is a person of international law only if recognised as sovereign by at least one other state.
While international law guides the interactions of sovereign states, it's important to acknowledge that its enforcement against nations remains a complex issue. Critics argue that many governments openly violate their international legal commitments without consequences. However, proponents of international law highlight its role in setting standards and influencing global politics. The debate surrounding the effectiveness of international law in governing nations remains ongoing.
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International organisations
International law is a set of rules, norms, legal customs, and standards that states and other actors obey in their mutual relations. International organisations are among the actors that can enter into international law. These include the UN, the WTO, the World Bank, and the IMF. International organisations consist of a plenary organ, an executive organ, and an administrative organ. The plenary organ allows member states to be represented and heard. The executive organ decides on matters within the competence of the organisation, and the administrative organ executes the decisions of the other organs and handles secretarial duties.
The United Nations (UN) is an international organisation that has taken a leading role in efforts to advance international humanitarian law. The UN's founding document, the UN Charter, lays out rules whereby countries agree to uphold human rights, respect borders, and settle disputes through negotiation and arbitration rather than conflict. The UN promotes justice and international law across its three pillars of work: international peace and security, economic and social progress and development, and respect for human rights and fundamental freedoms. The UN's primary organ for the settlement of disputes is the International Court of Justice, also known as the World Court.
The International Labour Organisation (ILO) is another example of an international organisation that has created labour standards set out in conventions and recommendations. Member states can choose whether or not to ratify and implement these standards. The UN's treaties also cover topics such as human rights, disarmament, and protection of the environment. The UN Environmental Programme is the only specific international organisation with a focus on international environmental protection.
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Treaties
In the United States, the president has the power to make treaties with the advice and consent of the Senate, provided two-thirds of the Senators present concur. Treaties to which the US is a party have the force of federal legislation, forming part of the supreme law of the land. The US enters into more than 200 treaties and other international agreements each year, covering a wide range of subjects, including peace, trade, defence, territorial boundaries, human rights, and environmental matters.
After their adoption, treaties must follow official legal procedures, including signature, ratification, and entry into force. Treaties generally enter into force when they have been signed and ratified by a certain number of parties. A treaty is void if it conflicts with a peremptory norm of general international law, and a party's consent to a treaty is invalid if it was given by an agent or body without the power to do so under that state's domestic laws.
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Customary law
International law is a set of rules, norms, legal customs, and standards that states and other actors feel an obligation to obey in their mutual relations. It is important to note that international law is not strictly enforceable upon nations or other international actors, but treaties and the possibility of economic sanctions incentivize abiding by international law.
Customary international law is a subset of international law that consists of rules of law derived from the consistent conduct of states acting out of the belief that the law required them to act that way. It is a general practice accepted as law and is determined through two factors: the general practice of states and what states have accepted as law (opinio juris sive necessitatis). This means that many states need to engage in the practice, and that they do so out of a sense of legal obligation rather than custom or habit.
Customary international law arises from established international practices and is less formal than written conventions and treaties. It results from a general and consistent practice of states that they follow from a sense of legal obligation. For example, the doctrine of non-refoulement and the granting of immunity for visiting heads of state are considered customary international laws.
Customary international law becomes established when two requirements are met. Firstly, there must be a state practice that is sufficiently widespread, representative, and consistent, showing that a significant number of states have used and relied on the rule. Secondly, states must be motivated by the belief that they are legally compelled to accept the legitimacy of the rule in question (opinio juris).
Customary international law is one of the primary sources of international law, alongside treaties, general principles of law, and judicial decisions/scholarly articles. It is recognized by the International Court of Justice, jurists, the United Nations, and its member states. While some customary international laws have been codified through treaties and domestic laws, others are recognized solely as customary law.
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International courts
International law operates based on the consent of participating nations, as there is no governing body to enforce international agreements. Treaties and the possibility of economic sanctions incentivize nations to abide by international law. International law governs relations between nations and sets forth mandates for nations to follow.
International law includes concepts of law, such as statutes, property law, and tort law, that are common in many Western domestic legal systems. Substantive law, procedural law, due process, and remedies are also key facets of international law. International law also establishes norms for states in areas such as war and diplomacy, economic relations, and human rights.
International law can become national law when treaties permit national jurisdiction to supranational tribunals, such as the European Court of Human Rights or the International Criminal Court. Treaties like the Geneva Conventions require national law to conform to treaty provisions.
Examples of international courts include the Nuremberg and Tokyo tribunals established after World War II, the International Court of Justice (ICJ), and the International Criminal Court (ICC). The ICJ, located in The Hague, is the principal judicial organ of the United Nations. The ICC is an independent judicial body that may exercise jurisdiction over persons charged with genocide, crimes against humanity, war crimes, and crimes of aggression.
Other international courts include the International Criminal Tribunal for the Former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR), which address crimes committed during genocides and civil wars. There are also "hybrid tribunals" that combine international and domestic strategies, such as the Special Court for Sierra Leone and the Special Tribunal for Lebanon.
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Frequently asked questions
International law is a set of rules, agreements, and treaties that are binding between countries. International law includes concepts of law such as statutes, property law, and tort law.
Sovereign states can enter into international law. International organisations, such as the UN, WTO, World Bank, and IMF, can also enter into treaties.
International law comes from three sources: treaties, customs, and general principles of law. Treaties are express agreements that countries enter into voluntarily.
International law operates based on the consent of participating nations. Treaties and the possibility of economic sanctions incentivise nations to abide by international law.
