LWSO 203: Topics 10-12 - International Law

International Relations

concentrates on relations between countries, such as foreign law, war, trade, and aid.

Anarchy

foundational organizing principle of the international system, Idea of no global world government (Governance, not government)

States

Sovereign states are the ultimate authority in the system, No state can be forced to follow international law

Non-State Actors

Important but secondary actors; consist of NGOs and

Corporations; Influence global politics but states still dominate

Post-World War II international system

has a considerable degree of stability and order

Is International Law real law?

Part contract, part belief system ("covenant")

International system

regularized (mechanical) patterns of interactions (shared fundamental institutions) between states

International Society

regularized (mechanical and social) patterns of interactions between states with shared interests and manufactured institutions

International System vs International Society

System = interaction

Society = interaction + shared rules/values

Components of International Society

Intergovernmental Organizations (IGOs), Diplomacy and Shared Ideas, Economic interdependence:

Intergovernmental organizations (IGOs)

organizations formed between 3 or more states with international activities

Examples of IGOs

North Atlantic Treaty Organization (NATO), World Trade Organization (WTO), European Union(EU), United Nations

Diplomacy and shared ideas

regularized diplomatic relations between states; includes shared norms and ideas

Economic interdependence

Countries rely on each other economically due to globalization and trade; No country is fully self-sufficient

Contending State Interests

States have competing goals and conflicting priorities

Balance of Power

the tendency of states to (internally or externally) balance the power of other states

Examples of Balance of Power

Nuclear weapons and mutually assured destruction, security alliances

Power imbalances

major inequal material (military, economic) capabilities and international influence

Power imbalances in global context

Great power, middle power and small power states

ex. Global North and Global South relations

International civil society

set of voluntary associations, independent of the state and the market, geared toward some form of political or economic change internationally. ex. international non-governmental organizations (INGOs)

The United Nations

Intergovernmental organization with universal membership; a microcosm of international relations

Functions of The United Nations

Central to international peace and security with various global governance mandates (ex. development, sustainability, human rights, humanitarian assistance, etc.)

Limitation of The United Nations

The UN cannot force states to act and depends on state cooperation, making it limited in effectiveness.

UN Charter

A legally-binding treaty signed in 1945 by 51 states; a foundation of international law

importance of UN Charter

A basis of the post-World War II international order, Created the United Nations, Acts as 'constitution' of international law, Codified basic principles of international society

Principles of UN Charter

legal sovereign equality amongst states, the prohibition on the use of force, self- defense, respect for human rights, etc.

Use of Force in UN Charter

Self-defence and UN Security Council authorization are the only lawful uses of force.

The UN General Assembly

includes all states, the universal multilateral body of the UN

Function of UN General Assembly

sets international agenda and passes non-binding resolutions

Soft Law in UN General Assembly

Non-binding rules or resolutions passed by the UN General Assembly.

The Security Council (UN)

The body responsible for maintaining international peace and security.

Features of UN Security Council

Composed of 15 members: 5 permanent with veto power (P5) and 10 non-permanent members

P5

The five permanent members of the UN Security Council: USA, UK, France, China, and Russia.

Veto Power in the UN

The ability of any P5 member to block Security Council decisions.

Importance of The Security Council

can authorize force through peacekeeping missions and economic sanctions; they enforce international law

Sanctions

key enforcement tool used to pressure states to comply with international law. must be based on violations of international law to be considered legitimate.

Peacekeeping missions

deployed by the UN security council to maintain peace and require the consent of the host state. operations are defensive and cannot be imposed without agreement.

The International Court of Justice (ICJ)

the judicial wing of the UN which settles inter-state disputes and offers legal opinions to the UN and member states

Validity of Case in ICJ

Both countries have to consent to the ICJ's jurisdiction otherwise there is no case.

ICJ Importance

The ICJ can issue advisory opinions that are often treated as binding in international law.

The Republic of Nicaragua v. The United States of America (1986)

ICJ case in which the Court ruled that the United States violated international law by engaging in military actions against Nicaragua, thereby breaching the principles of state sovereignty, non-intervention, and the prohibition on the use of force.

Theories of International society

Realism. Liberalism, Constructivism, Marxist-inspired theories, The English School

Realism

emphasis on states being self-interested and in a condition of self-help due to anarchy and the distribution of material capabilities amongst states

Liberalism

emphasis on shared institutions and interdependence amongst states with shared interests

Constructivism

emphasis on the role of ideas in shaping state behavior

Marxist-inspired theories

emphasis on the global political economy, global relations of production and trade and the inherent class-based structure of the system

The English School

emphasis on fundamental institutions as'international society'

International Law

system of rules, norms and principles that govern relations between sovereign states and other international actors; states are primary subjects in international

Legal Personality

Rights and responsibilities of States, IGOs, INGOs and multinational corporations (MNCs), with states as the primary subject.

Sovereignty

absolute authority and self-determination of the state, the foundational legal principle of international law

Sovereignty & International Law

traditionally meant to facilitate orderly relations between states; becoming increasingly regulative of internal state conduct

Consent-Based System

International law is consent-based, meaning states must agree to be bound by it.

International law vs. Domestic Law

International law: lacks a centralized government (anarchy), lacks a centralized legislature, judiciary, executive and police force, difficulty in enforcement (consent-based), comes from various sources

Sources of International law

Treaties, customary law, soft law, and judicial decisions.

Treaties

Written, legally binding contracts between states that are governed by international law; Include reservations and derogations

Reservations of treaties

formal statements made upon signing or ratifying a treaty to exclude or modify specific provisions.

Derogations of treaties

temporary suspensions of treaty obligations during public emergencies, typically in human rights contexts.

Ratification of treaties

Formal approval of treaties required for full state membership

1969 Vienna Convention on the Laws of Treaties

Governs treaties and outlines principles such as bindingness, consent, and good faith.

Customary International law

binding law based on customary practice and state opinion, includes jus cogens norms

Jus cogens norms

Fundamental customary norms that cannot be violated or derogated from under any circumstances

Hard Law in context of Customary International Law

Binding on all states; With the exception of the persistent objector doctrine

Components of Customary International Law

state practice and state opinion (opinio juris)

State Practice

The Objective Component: general, consistent, and widespread repetition of similar acts by states over time

State Opinion

The Subjective Component: the requirement that the practice is carried out out of a sense of legal obligation.

Opinio juris

Latin for "acceptance as law"; second component of customary international law: states must accept that a rule is legally binding

Examples of Customary International Law

law of aggression, diplomacy, international criminal laws, non-refoulement for refugees

'Soft' law

non-legally binding principles, Include UN General Assembly resolutions

Why do countries follow Soft law?

Reputation and sometimes it suits their interests

Advantage of Soft Law

easier and faster to create and is much more flexible

Examples of Soft Law

Includes UN-based declarations and resolutions, codes of conduct, guidelines, standards of conduct, recommendations, etc.

'Hard' Law

Treaty law and customary law are legally-binding 'hard law'

Judicial decisions

international case law; Decisions may or may not transfer between different international courts

Unilateral declaration

a unilateral statement that creates a legal obligation; must be public and demonstrate a state intention to be bound

Law of State Jurisdiction

The rules governing when states can exercise legal authority.

Prescriptive Jurisdiction

State authority to make laws based on principles such as territoriality, nationality, universality, passive personality, and special state interests

Territoriality Jurisdiction

State jurisdiction over acts within its territory, including land, air, and territorial sea.

Nationality Jurisdiction

State jurisdiction over a its citizens regardless of location.

Universality Jurisdiction

State jurisdiction over serious crimes regardless of where they occur.

Passive Personality Jurisdiction

Jurisdiction over cases stemming from crimes committed against their own citizens by non-citizens outside of their own territories

Enforcement Jurisdiction

State's authority to ensure compliance with its laws (Territoriality)

Concurrent Jurisdiction

Concurrent jurisdiction is the situation where more than one state has the legal authority to enforce its laws over the same person or activity

Special State Interests Jurisdiction

State jurisdiction over actions threatening key state interests (e.g., counterfeiting currency abroad).

Enforcing Compliance with International Law

Can be done multilaterally or unilaterally.

Multilateral Enforcement

Includes sanctions (targeted or comprehensive) and use of force by multiple states.

Unilateral Enforcement

unilateral sanctions and other forms of countermeasures (that are otherwise illegal measures)

International Court of Justice

the 'World Court'-The judicial wing of the United Nations

Importance of ICJ

settle inter-state disputes and offer advisory opinions to the United Nations and member states

Composition of the ICJ

Composed of 15 judges serving 9 year terms,

ICJ's jurisdiction

Jurisdiction established through consent or treaty specification

South Africa v. Israel (2023).

South Africa alleged Israel violated the 1948 Genocide Convention. Jurisdiction was established via Article IX of the treaty.

ICJ provisional measures

legally binding, urgent orders issued by the International Court of Justice (ICJ) to prevent irreparable harm to rights under dispute while a case is pending

United States of America v Iran (1980)

case regarding the Tehran hostage crisis where the Court issued provisional measures ordering the immediate release of U.S. personnel.

Ukraine v Russian federation (2022)

Ukraine argued Russia's "false claim of genocide" to justify invasion violated the 1948 Genocide Convention. The Court issued provisional measures ordering Russia to halt military operations

International Criminal Court

the permanent standing court with jurisdiction over international crimes

Rome Statute (1998)

The multilateral treaty that established the International Criminal Court (ICC) in 1998. Has 124 state parties

Features of ICC

Composed of 18 judges + President

"Ad hoc" International criminal courts

Temporary tribunals established by the UN Security Council to investigate and prosecute serious international crimes committed within a specific conflict and geographic location.

Ad Hoc

Latin phrase that translates literally to "for this."

It is used to describe something that has been formed or done for a particular purpose only

Ad Hoc international criminal courts examples

Nuremberg tribunals, Tokyo tribunals, international criminal tribunal for the former Yugoslavia. International criminal tribunals for Rwanda, special court of Sierra Leone