POLS1201 - International Law

International Law

A body of rules derived from treaties, custom, and legal principles that govern the conduct of states and other international actors.

UN Charter

Foundational legal document of the UN, outlining principles of state equality, sovereignty, peaceful resolution, and human rights (notably Article 1 and Article 2).

Security Council (UNSC)

The primary body for peace and security, can authorize force, issue sanctions. Criticized for P5 veto power and paralysis in crises.

General Assembly (UNGA)

Forum for debate and resolutions; non-binding but symbolically important.

International Court of Justice (ICJ)

Handles state-to-state disputes; rulings are legally binding but lack enforcement power.

Treaties

Formal agreements between states that are legally binding (e.g., Geneva Conventions, UNCLOS).

Customary International Law

Norms that are widely followed even if not written down (e.g., diplomatic immunity).

Realism

Views international law as subordinate to power; law matters only when it aligns with state interests.

Liberalism

Emphasizes law as a tool for cooperation, predictability, and institutional constraint on conflict.

Constructivism

Argues that law influences behaviour when norms are internalized; legitimacy and identity matter.

Postcolonialism

Critiques international law as a system made by and for Western powers; asks who creates/enforces law.

UNCLOS (United Nations Convention on the Law of the Sea)

Treaty defining maritime zones and Exclusive Economic Zones (EEZs).

Peacekeeping

UN military presence to maintain peace; not explicitly in Charter (often called “Chapter 6 ½” missions).

Enforcement Gap

The failure to ensure compliance with legal rulings due to the lack of enforcement mechanisms.

Case: Iraq War (2003)

Showed limitations of international law—war pursued without clear UN authorization.

Case: South China Sea

Highlighted how international legal rulings (against China) may be ignored in practice.

Jus ad bellum

The legal justification for war - when it is lawful to resort to force (e.g. self-defense)

Jus in bello

Legal norms governing conduct during war, focusing on humane treatment of combatants (การปฏิบัติต่อนักรบอย่างมีมนุษยธรรม) and civilians, proportionality, and discrimination.

Geneva Conventions

International treaties setting standards for humanitarian treatment during war. (สนธิสัญญาระหว่างประเทศกำหนดมาตรฐานการปฏิบัติต่อมนุษยธรรมในช่วงสงคราม)

Soft Law

Non-binding (ไม่ผูกมัด) guidelines or agreements that influence state behaviour.

Sovereign Equality

Principle that all states have equal rights under international law regardless of power.

Global Governance

The regulation of international affairs through norms, institutions, and legal frameworks, without a world government.

IGO (Intergovernmental Organization)

Organizations created by states via treaty to manage specific areas (e.g., UN, WTO).

NGO (Non-Governmental Organization)

Independent non-state actors pursuing social, political, or humanitarian goals.

Customary International Law

Practices accepted as law even if unwritten.

Judicial Decisions

Legal rulings from courts that inform or clarify law.

UNCLOS (Law of the Sea)

Treaty governing maritime rights and ocean usage.

UNSC (Security Council)

UN body with authority to impose sanctions or military actions; dominated by P5.

UNGA (General Assembly)

Deliberative body where all states vote equally; resolutions are non-binding.

ICJ (International Court of Justice)

Principal judicial organ of the UN that resolves disputes between states

ECOSOC

Coordinates the UN’s economic, social, and humanitarian programs.

UN Peacekeeping

Operations to maintain or restore peace; not explicitly in UN Charter but widely practiced.