International Law Applicability: Who Falls Under Its Jurisdiction?

International law applies to sovereign states and other entities that are recognised as international actors, such as international organisations and individuals. It is a set of rules, agreements, and treaties that are binding between countries. Countries come together to make binding rules that they believe benefit their citizens, promoting peace, justice, common interests, and trade.

International law and state sovereignty

International law is a set of rules, norms, and standards that sovereign states and other entities are obliged to obey in their mutual relations. It establishes norms for states across a broad range of domains, including war and diplomacy, economic relations, and human rights.

International law differs from state-based domestic legal systems in that it operates largely through consent, since there is no universally accepted authority to enforce it upon sovereign states. States and non-state actors may choose not to abide by international law, but such violations can be met with disapproval and, in some cases, coercive action ranging from diplomatic and economic sanctions to war.

The concept of sovereignty in international law refers to the basic international legal status of a state that is not subject, within its territorial jurisdiction, to the governmental, executive, legislative, or judicial jurisdiction of a foreign state or to foreign law other than public international law. In other words, sovereignty is the ultimate power, authority, and/or jurisdiction over a people and a territory. A sovereign entity can decide and administer its own laws and determine the use of its land, free of external influence (within the limitations of international law).

The doctrine of sovereignty has had a significant impact on the relations between states. The difficulties in this regard can be traced to Bodin's statement that sovereigns who make the laws cannot be bound by them. This statement has often been interpreted as meaning that a sovereign is not responsible to anybody and is not bound by any laws. However, a closer reading of Bodin's writings suggests that even with respect to their own citizens, sovereigns are bound to observe certain basic rules derived from divine law, the law of nature or reason, and the law that is common to all nations.

During the 20th century, important restrictions were placed on the freedom of action of states. For example, the Hague conventions of 1899 and 1907 established detailed rules governing the conduct of wars on land and at sea, and the Covenant of the League of Nations restricted the right to wage war. The UN Charter imposed a duty on member states to "settle their international disputes by peaceful means" and supplemented it with the injunction that all members "shall refrain in their international relations from the threat or use of force".

In conclusion, sovereignty and international law have a complex and dynamic relationship. While states retain ultimate authority over their internal affairs, they are also bound by certain rules and principles of international law, particularly in their relations with other sovereign entities. The evolution of international law has led to a balance between the needs of the international community and the desire of states to protect their sovereignty.

International law and municipal law

The Relationship Between International Law and Municipal Law

The relationship between international law and municipal law is complex and variable. While international law operates primarily at the international level, it can become part of domestic law in certain situations. There are several theories that attempt to explain the relationship between the two:

• Dualism Theory: This theory considers international law and municipal law as two separate and independent branches of law. It asserts that these laws should act independently based on their distinct sources, principles, and subjects. According to dualism, international law cannot affect an individual in a state until it has been transformed into state or domestic law.
• Monism Theory: In contrast, the monist approach views international and municipal laws as a single entity, rejecting the separation of the two branches. Based on Kantian philosophy, this theory posits that laws derive from a single source, and any municipal law contradicting international law is invalid. It considers international law superior and believes that in case of conflict, international law prevails.
• Specific Adoption Theory: This theory is related to dualism and claims that international laws can be applied in domestic laws only when explicitly adopted by them. It gives states the power to decide which international laws to apply to internal matters.
• Harmonisation Theory: Proposed by Rousseau and Fitzmaurice, this theory suggests that each law is supreme in its sphere. It aims to minimise the differences between international and municipal laws through a harmonisation process, ultimately leading to equivalent positions for both.

The Interaction of International and Municipal Law

The rise of international law and the increasing interdependence among states due to globalisation have led to an interpenetration of international and municipal law in various fields, including human rights, environmental law, and international investment law. This interaction is particularly evident in the enforcement of international treaties, where states face the challenge of complying with international agreements while also maintaining their municipal laws.

International law and non-state actors

International law applies to states and other actors that feel an obligation to obey it in their mutual relations. These actors include individuals and collective entities such as states, international organisations, and non-state groups. While international law is largely based on consent, states and non-state actors may choose not to abide by it. However, violations of international law, particularly peremptory norms, can lead to coercive actions ranging from diplomatic and economic sanctions to war.

Non-state actors, including armed groups and multinational business companies, play a significant role in contemporary international relations. Most armed conflicts today are of a non-international character, involving numerous armed groups that control territories or populations. This raises questions about the suitability of the existing protection framework provided by international human rights law and international humanitarian law. Similarly, the activities of businesses or transnational companies, especially in conflict zones or situations of armed violence, present challenges.

Research in this area explores the extent to which non-state actors are bound by international law and whether the existing legal framework provides adequate protection. It also proposes concrete solutions to address these contemporary challenges. For example, the contribution and relevance of non-state actors in the creation and implementation of international obligations are examined, despite their traditional marginalisation within international law. Chapters from academics and practitioners investigate different aspects of this relationship, including the sources of obligations, their implementation, human rights aspects, dispute settlement, responsibility, and legal accountability.

In conclusion, while the precise role of non-state actors in international law remains ambiguous, they have become increasingly important in legal regimes as participants in their implementation and enforcement and as potential duty-bearers.

International law and international organisations

International law applies to international organisations, which are now considered to be among the most dynamic and vital elements of modern international law. International organisations are legally recognised as international actors and are therefore liable for breaches of international legal obligations.

International organisations can be intergovernmental organisations (IGOs), international non-governmental organisations (INGOs), or supranational organisations. IGOs are predominantly composed of states, established by a treaty or other instrument of international law, and possess autonomous organs with a will separate from their individual members. INGOs are generally private, voluntary organisations whose members are individuals or associations that come together to achieve a common purpose. Supranational organisations are international organisations with "supranational powers", meaning they can bind member states to their decisions and laws. This means they have more governmental authority and law-making power than traditional international organisations.

International organisations have rights and duties under international law. They can enter into treaties, incur international responsibility, and pursue claims against member and non-member states for violations of international law. International organisations can also play a direct role in the creation of customary international law. For example, through its activities related to peacekeeping, the United Nations can contribute to international humanitarian law.

The leading international organisation since the end of World War II has been the United Nations (UN). The UN Security Council can authorise the use of force if there is a threat to or breach of international peace and security, or an act of aggression. Since the end of the Cold War, the Council has extended the definition of a threat to include not only international conflicts but also internal conflicts and the overthrow of democratic governments.

Other international organisations with significant roles in international relations include the World Bank, the International Monetary Fund, and the World Trade Organization (WTO). Regional organisations and agreements, such as the European Union (EU) and the North American Free Trade Agreement, govern areas that traditionally fall within the domestic jurisdiction of states, such as trade, the environment, and labour standards.

The proliferation of regional and global international organisations demonstrates how globalisation has modified the doctrine of state sovereignty in practice. In an increasing number of cases, certain sovereign powers of states have been delegated to international institutions.

International law and individuals

International law applies to individuals, though historically, the focus was on the relationship between states. The emergence of human rights as a key global issue has empowered individuals to defend their rights before judicial bodies.

International law is a set of rules and principles governing the relations and conduct of sovereign states with each other, as well as with international organisations and individuals. It includes concepts such as statutes, property law, and tort law, and covers issues such as trade, human rights, diplomacy, environmental preservation, and war crimes.

International law operates largely through the consent of participating nations, as there is no governing body to enforce international agreements. Treaties and the possibility of economic sanctions incentivise nations to abide by international law.

Public international law governs the relations between nations, while private international law deals with conflicts between private actors where the laws of more than one nation may apply. In recent years, the distinction between the two has become less clear, as disputes between private actors often implicate matters of public international law, and public international law increasingly impacts private actors, particularly multinational corporations.

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