International Law

What is international law?

A set of rules, treaties or conventions recognised and followed by countries who agree to their terms

The origins of international law

Laws have exited in various forms since before the the Roman Empire. As the Romans acquired land, many laws were created that could apply to both citizens and foreigners.

Aims of international law?

• Ensure global peace, maintain international security, promote human rights and regulate international relations

What is an example of an early development of the international law? What was its aim? When and why did it fail? By what other international law was replaced?

The League of Nations was a modern version of international law. It was established in 1919 after WWI to maintain peace and resolve disputes through negotiation.

It broke down in 1939 at the start of WWII due its inability to prevent aggression by major powers (USA, Russia and Germany were not members so without these powers the League was too weak to make a big country do as it wished). No military force—relied in economic sanctions (ineffective). Unanimous voting made decisions slow.

After the war ended in 1945, the UN was set up. This worked, unlike the League of Nations and lead to the development of international law as we know it today.

*Not need to know but for context

Why was the UN successful, unlike the League of Nations?

It has a stronger structure: security council with 5 permanent members (most powerful countries to ensure their stay) = USA, UK, Russia, France, China.

UN can authorise force (military enforcement)

General Assembly resolutions need majority, not unanimity

Addresses human rights, development, health (broader)

What is the UN Charter and what are the 4 purposes?

The UN Charter is a treaty of the UN that aims to uphold the human rights of citizens across countries. All members are bound by articles (básicamente if a country joins the UN they must agree to accept the UN Charter)

4 purposes:

• Maintain international peace and security

• Develop friendly relations among nations

• Cooperate in solving international problems and promote human rights

• Be a centre for harmonising the actions of nations

How does the UN Charter protect rights and freedoms?

By requiring member states to uphold principles like peace, human rights and cooperation, and by creating frameworks like the UDHR.

• Russia has broken the purpose of maintaining international peace by

What is an example of another agreement that has also been established with the aim of protecting the rights and freedoms of people? What is it?

The European Convention on Human Rights (ECHR)

It is a (legally binding) treaty that ensures that the human rights of people in countries that belong to the Council of Europe are protected (all Europe except Russia and Belarus + other countries) It came into effect in 1953 and it was based on the United Nations’ UDHR

What is the Geneva Convention and why is it important?

It was established in 1949, soon after WWII and signed by 196 countries.

The Geneva convention is a series of agreements that set out how people, such as enemy soldiers, doctors and civilians should be treated in a humane way in time of war. For example, they should not be mistreated, they should be offered food and be allowed to communicate with family. It has been updated several occasions since. Hostage taking under the Geneva Convention is deemed one of the grave breaches,

It was an important milestone as it contributed to the formation of international humanitarian law.

What is the role of the UN according to the UN Charter (its founding document)? How do they also help economic and social development?

The UN Charter tasks the UN with:

• Resolving conflicts between countries (e.g mediating border disputes)

• Encourage the development of international law

Because countries know that everyone has to abide by the same rules, creating fairness, stability and trust. Key idea: when all nations follow the same rules it reduces chaos and fosters cooperation

• For example, if one country is protecting workers’ rights or reducing pollution (which costs money) and another one isn’t, they might think is unfair.

  • But if everyone agrees to the same standards like worker protections, environmental limits, etc then no one is unfairly undercutting (offer goods/services at a lower price than a competitor) others = encourage trade, more foreign investment and stronger partnerships so ECONOMIC DEVELOPMENT

  • Also as we are protecting workers’ rights = SOCIAL DEVELOPMENT

• Other scenarios:

  • Economic: uniform rules (e.g trade treaties) reduces risks, encouraging investment

  • Social: common standards (e.g human rights treaties) improve lives globally

  • Examples: the CRC ensures countries protect children’s rights, aiding social progress.

Apart from human rights and peacekeeping, what other thing has the UN worked on?

Provide a set of laws that protect different areas (e.g environment, regulating migrant labor)

What is the International Legal Commission (ILC)?

It is a group of people who were brought together by the UN because of their expertise in the various types of law around the world. They guide and advise the UN in the creation of new laws. They might consult the International Court of Justice or other UN agencies to help them

Treaties, conventions and declarations

How do treaties and conventions differ from declarations?

Treaties and conventions are formal, written agreement between countries which can be enforced by law (legally binding)

• E.g the Convention of the Right of the Child, Geneva Convention

Declarations may be signed by many countries, but it cannot be legally enforced (non-binding but influential)

• E.g the Universal Declaration of Human Rights

• Although it is not legally binding, the rights and freedoms in the declaration have been added into many countries’ laws, such as European Union (EU) law

What is the function of the UN General Assembly in international law? What is it?

The General Assembly is the main forum (meeting) for the UN. Representatives from all 193 member states discuss and approve international laws. This includes issues like peace and security.

International law has become more important when looking at many issues. When work on an issue is complete, the General Assembly have the power to call a conference so all countries can sign the agreement.

Case study: The Paris Agreement - an example of the work of the UN

When was the Paris Agreement established and why does it stand out? What are the key goals of the Paris Agreement?

On November 4th 2016 and was the first every legally binding global climate change agreement.

Key goals:

• Limit global warming to below 2°C and pursue efforts to limit it to 1.5°C

• Help countries deal with the impacts of climate change (e.g it can provide financial support for developing countries to implement mitigation and adaptation projects through the Green Climate Fund)

• Reduce greenhouse gas emissions without compromising food production

Name two other key international agreements/treaties/conventions that the UN has developed as part of international law

UN Convention on the Rights of Persons with Disabilities, 2006

UN Convention in the Rights of the Child, 1989

Paris Climate Agreement, 2015: addresses global warming

Etc

Challenges with international law

• Law enforcement: unlike domestic legal systems, international law lacks a global police force or a comprehensive legal system to enforce these laws. States are ultimately responsible for complying with international law

• Sovereignty of nations can create obstacles; a country may choose to ignore a ruling made by international court if it conflicts with its interests.

• Also the interpretation of International Law can differ between countries, which can lead to disputes and tensions

Role of international law in Global Citizenship

• International law governs the way nations interact with each other laying the foundations for global peace, justice and cooperation.

• Understanding international law helps global citizens appreciate the complexities of international relations and the balance between national interests and global cooperation

How do treaties act as law-making in international law?

• They create legally binding general rules/laws that apply broadly for many countries to follow and often address issues of common interest ti the international community such as human rights, maritime law or environmental standards (e.g UN Charter, Paris Agreement)

• Example: Geneva Conventions set laws in war conduct for all signatories (party that has signed an agreement)

• Key term: multilateral treaties = international agreement between three or more sovereign states

How are treaties contractual?

• They work like private deals between specific countries focusing in specific, often reciprocal, exchanges or agreements (e.g trade pacts, border agreements)

• Usually involve a small group of nation-states NOT companies

• Example: Afghanistan-India Strategic Partnership Agreement which aims to enhance cooperation across various sectors like security, trade, etc

• Key word: bilateral treaties = international agreement or pact between 2 states.