LESSON 1: Introduction to Public International Law 1️⃣

International Law

The body of rules and norms that regulates activities carried on outside the legal boundaries of states.

The Law of Nations

Traditional name for international law.

1) Encompasses the body of legal rules commonly considered binding on and between states.

2) Does not apply to relations between states and person, and between persons and persons.

Universal Law

Classifications of the law of nations:

__________is that law which is thought to be so fundamental or basic that it is binding upon all states in the community of nations whether they have individually consented to it or not.

General Law

is that body of norms derived from the conduct and practices of states in their dealings between each other.

Particular Law

is law that is binding upon a particular state because of the conduct and practices of that particular state.

Contemporary International Law

Regulates three international relationships:

1) Those between states and states.

2) Those between states and persons.

3) Those between persons and persons.

Is International Law Really Law?

The Debate:

a. Reason for questioning the reality of international law: it is weak law.

1) There is no international legislative body that enacts international laws.

2) There is no international executive with straight-forward powers to enforce international laws.

3) There was (until this 1998) no international court where states could be sued without their consent.

b. Reason why international law is law:

because states and individuals regard it as law.

Law

a. The dictionary defines _______ as:

1) A rule established by authority, society, or custom.

2) The body or system of such rules.

3) The control or authority imposed by such a system of rules.

b. A rule of human conduct, just and obligatory, promulgated by competent authority for common observance and benefit.

Comity

a. Defined: the practice, or courtesy, between nations, of granting each other privileges, not as a matter of right, but as matter of goodwill.

b. Distinguish comity from law: it is is not law because states do not regard it as something they are required to respect.