Week 1 - 3: Definitional Issues

International Law

A public set of rules & regulations that deals with the regulations of states

• Common-aims

• Co-existing

• Functions: law of co-existence + Cooperation

• Decentralized + Horizontal

• Consent/Flexibility/Reciprocity

• No police force/ICJ acceptance based on consent

Public International Law

• Regulates the relationship between States

• Rights and duties for non-state actors

• Nation-state as most important legal actor + others

Private International Law

• Municipal Law applicability in a specific case containing a foreign element

• Ex. Contracts/ Marriage, Divorce / Jurisdiction / Recognition of Judgments/Child adoption

• Conflict of Laws

Law of Co-existence

• Coordination of state activities

• ex. prohibiting the use of force, sovereign equality of States

Law of Cooperation

• Achievement of common aims

• ex. trade, human rights, environment

Domestic Law

• Centralized

• Imposed

• Separation of Powers

International Law (arguments against it being a law)

• No separation of powers

• Rules NOT respected

• Enforcement problems

International Law (arguments for it being a law)

• General compliance

• Outright denial is rare

• Enforcement problems in domestic law as well

Effectiveness of International Law

• Common good - interdependence

• Habit of obedience

• Flexibility (dis: instability, adv: range of solutions)

• Political Cost (loss of influence + trust)

• Sanctions

• Psychological Barrier

Subjects of International Law

• State: economic/financial relations, territory; relations

• International Orgs.

• Individuals

• Peoples

States

• Original legal personality

• “Full personality” = totality of rights

• Non-recognition MAY influence

• Objective personality

International Organizations (role)

• Vehicles for state activity

• separate source of authority competing w/ state actors

International Organizations (legal personality in domestic law)

• Conclude contracts

• Acquire and dispose of movable & immovable property

• Institute legal proceedings

International Organizations (legal personality in international law)

• will of states through treaties

• ex. UN and Reparation Case (they have a legal personality)

Peoples

• Self-determination

Individuals

• Protection of human rights

• International criminal law

Controversial / Debated subjects of IL 

• Mankind

• Future generations

• De facto regimes

• Armed groups

• Terrorists

• Animals/Ecosystems

• Multinational crops.