International Law and International Relations
Introduction to International Law and Relations
Origin of International Law
The term 'international law' was coined by British philosopher Jeremy Bentham in his book An Introduction to the Principles of Morals and Legislation (1789).
Bentham defined it as the branch of law exclusively applicable to relations between states.
Public vs. Private International Law
Public International Law:
Governs the relations between states.
Private International Law:
Also known as "conflict of laws."
Resolves legal disagreements between individuals from different countries.
Focuses on how the private laws of different nations apply to these relationships.
International Relations Defined
International relations is the study of the interaction of nation-states and non-governmental organizations.
It includes war, diplomacy, trade, and foreign policy.
It also encompasses interactions with intergovernmental organizations (IGOs), non-governmental organizations (NGOs), and multinational corporations (MNCs).
Main schools of thought within international relations:
Realism.
Liberalism.
Constructivism.
Marxism.
Feminism.
Foundational Principles Governing International Relations
These are enshrined in the United Nations Charter and the 1970 UN Declaration on the Principles of International Law Concerning Friendly Relations and Cooperation Among States.
Key principles:
The sovereign equality of states.
The prohibition of the use of force.
The right to self-determination of people.
The imperative of non-interference in the internal and external affairs of states.
The commitment to peacefully resolve international disputes.
The promotion of cooperation among states.
The obligation to act in good faith when fulfilling international legal commitments.
International Law in International Relations Theory
Realism:
Views international law as largely irrelevant.
The international system is driven by a constant power struggle between states, each acting in its own interests.
States comply with international law only when it aligns with their interests.
Liberal Institutionalism:
Believes international law can be relevant, especially if it acknowledges states' desire for power.
It is useful in areas like trade and investment because legal rules provide predictability and establish stable expectations.
Constructivism:
Focuses on how law shapes society.
Views international law as a tool that enables states to form alliances and facilitates political dialogue.
Provides the framework and language that makes international politics meaningful and possible.
Law and Economics Approach:
Assumes states are rational actors motivated by profit maximization.
States may adopt laws and rules that lead to greater profit maximization compared to acting independently.
Evolution of International Law and the Rise of Modern States
Early international relations were governed by monarchs with absolute power.
Absolute Monarchy:
A government in which a single ruler holds absolute and centralized power.
The monarch's authority is not restricted by a constitution, parliament, or checks and balances.
Modern State:
A sovereign political entity with clear geographical borders and a population that shares a common culture.
It has a centralized authority that exercises complete control over its designated territory.
The rise of modern states occurred in Europe during and after the era of absolutist monarchies, involving:
Improved administration to manage resources, collect taxes, and enforce laws.
Consolidation of smaller regions to unite diverse populations.
Increased citizen participation in politics.
Clear borders defining each state's territory, reinforcing sovereignty and building national pride.
Historical Evolution of International Law
Ancient Times: Early forms of international laws in ancient civilizations.
Middle Ages: The influence of the church played a significant role; development of customs and treaties between European states.
17th-18th Centuries: Emergence of modern international law principles.
20th Century: Establishment of international organizations and expansion of international law.
21st Century: Addressing global challenges and evolving norms.
Key Milestones in International Law
Treaty of Westphalia (1648).
Congress of Vienna (1814-1815).
Hague Conventions (1899-1907).
Treaty of Versailles (1919).
United Nations Charter (1945).
Universal Declaration of Human Rights (1948).
Geneva Conventions (1949).
United Nations Conventions on the Law of the Sea (1982).
Establishment of the International Criminal Court.
The Peace of Westphalia (1648)
Marked the end of the Thirty Years War.
Replaced the idea of a Christian commonwealth governed by the Pope and Emperor with a secular state system.
Established an international order consisting of independent sovereign states with authority within their territories.
These states coordinated their relations based on self-interest and equality.
Laid the groundwork for the modern nation-state system by acknowledging state sovereignty and promoting non-interference.
Nation states face each other with no higher power to rule their conduct existing in a state of international anarchy.
The practise of diplomacy and the principle of non-intervention in the affairs of other Christaian rulers, regardless of denomination, mitigate against war.
Although some are strong and some weak, all are the same kind of unit- a sovereign territory bound state.
Imperial powers colonise indigenous peoples while claiming that they are doing God’s work.
Humanity is divided by religious authorities into those whose Christian faith compels them to conquer and enslave and those non-Christians whose idolatry allows them to be conquered and enslaved.
The world is comprised of a hierarchy of these qualitatively different entities.
17th Century Developments
The secular authority of the Pope diminished, marking the culmination of conflicts between religious and political powers.
The Peace of Augsburg (1555) principles were reaffirmed, addressing religious divisions in Europe.
Europe was divided into territorial units, each with autonomy to determine its religious affiliation.
The concept of sovereign states began to take shape, ushering in an era of religious tolerance and political independence.
Hugo Grotius and the Freedom of the Seas
Grotius was a leading intellectual who shaped international law to support the principle of freedom of the seas.
In On the Law of War and Peace (1625), he addressed laws governing armed conflict, aggression, and treaty enforceability.
He asserted that all peoples have a right to trade and trading routes, especially the seas, should be open and free.
This enabled Amsterdam to become the center of global finance and laid the groundwork for the Dutch Golden Century.
Natural Law vs. Positive Law
Natural Law:
Law is not made but found; it exists in nature and is often thought to be ordained by God.
It can be recognized by those of the right faith.
Positive Law:
Man-made laws enforced by a government or other authority.
The Congress of Vienna (1814-1815)
Established a new political and legal order for Europe after the French Revolution.
The defeat of Napoleon by Britain, Russia, Austria, and Prussia led to efforts to stabilize Europe.
The goal was to contain France's power and maintain the balance between the great powers.
World War I (1914-1918)
Began after the assassination of Archduke Franz Ferdinand of Austria.
Germany, Austria-Hungary, Bulgaria, and the Ottoman Empire (Central Powers) fought against Great Britain, France, Russia, Italy, Romania, Canada, and the United States (Allied Powers).
Over 20 million people died.
Treaty of Versailles (1919)
Ended World War I between the Allied powers and Germany.
Key provisions:
Germany had to pay reparations for war damages.
Territories and colonies were returned or became independent.
Alsace-Lorraine returned to France.
Eupen, Moresnet, and Malmedy went to Belgium.
North Schleswig went to Denmark.
West Prussia and Posen went to Poland.
Estonia, Latvia, and Lithuania became independent states.
Established the League of Nations to promote cooperation and maintain global peace and security.
President Woodrow Wilson's 14 Points
President Wilson presented his vision for global peace after World War I, which had claimed over 20 million lives.
Proposed his 14-point program to Congress on January 8, 1918, intended to establish lasting peace and prevent future conflicts.
Summarized 14 Points:
Open diplomacy without secret treaties
Economic free trade on the seas during war and peace
Removal of economic barriers
Decrease armaments among all nations
Adjustment of colonial claims
Evacuation of all Central Powers from Russia and allow it to define its own independence
Preservation of Belgian sovereignty
Restoration of all French territories
Readjustment of Italian borders
Austria-Hungary to be provided an opportunity for self-determination
Redraw the borders of the Balkan region, creating Roumania, Serbia and Montenegro
Creation of a Turkish state with guaranteed free trade in the Dardanelles
Creation of an independent Polish state
Creation of the League of Nations
Failure of the League of Nations
Faced structural and geopolitical challenges, including:
Lack of key powers like the United States.
Russia joined late (1934) and was expelled (1939).
The Great Depression (1929) affected the economies of the Allied powers, weakening their military readiness.
Struggled to address aggressive actions by the Axis powers (Germany and Italy) in the 1930s.
This ineffectiveness contributed to its downfall and the outbreak of World War II.
World War II (1939-1945)
Began on September 1, 1939, with Germany's invasion of Poland.
Great Britain and France declared war on Germany on September 3, 1939.
Poland was divided between Germany and the Soviet Union under the Molotov-Ribbentrop Pact.
In 1940, the Soviets annexed the Baltic states and parts of Finland and Romania.
Germany gained control over much of continental Europe through military campaigns and alliances.
Formed the Axis powers with Italy, Japan, and other nations.
Germany launched Operation Barbarossa in June 1941, invading the Soviet Union.
Japan aimed to dominate East Asia and the Asia-Pacific.
Attacked American and British territories in December 1941, including Pearl Harbor.
The US and the UK declared war against Japan, and the European Axis declared war on the US.
Estimates of the total number of deaths during World War II ranged between 35 million and 60 million people.
Following the Allied powers' victory, Germany, Austria, Japan, and Korea were occupied, and war crimes tribunals were conducted.
The United Nations (UN)
Established in 1945 after World War II to foster global cooperation and ensure international peace and security.
Objectives:
To maintain international peace and security.
Protect Human Rights.
To develop friendly relations among nations.
To promote social progress and improve living standards.
Principal organs established by the United Nations Charter:
The General Assembly.
The Security Council.
The Economic and Social Council.
The Trusteeship Council.
The International Court of Justice.
The Secretariat.
Universal Declaration of Human Rights (UDHR) 1948
Adopted by the United Nations General Assembly on December 10, 1948.
Outlines fundamental human rights that should be universally protected.
Geneva Conventions 1949
At the core of international humanitarian law.
Regulates the conduct of armed conflict and seeks to limit its effects.
Public International Law Defined
Refers to the rules and principles governing the relations between sovereign states and other international actors/organizations.
States are the main subjects of international law.
Why "Public" and "International"?
Public: Refers to the rights, duties, and relations of public entities, such as states and intergovernmental organizations, rather than private individuals or businesses.
International: Indicates its functioning beyond the domestic legal systems of individual states, representing a distinct legal order independent of national laws.
Importance of Public International Law
Maintaining International Peace and Security
Protecting Human Rights
Promoting International Cooperation
Regulating the Use of Force
Fostering Economic and Social Development
Ensuring Accountability and Justice
Key Characteristics of Public International Law
State-to-State Relations: Governs how states interact with one another, including diplomacy, treaties, and conflict resolution.
International Treaties and Agreements
International Organizations
Human Rights
International Security and Conflict
Key Distinguishing Features of Public International Law
Sovereign states as primary subjects of international law.
A consent-based system: states agree to be bound by treaties or accept certain practices as legally binding through custom.
Decentralized processes: no centralized legislative or enforcement authority; law-making and implementation occur through decentralized processes involving states and international institutions.
Diverse sources: treaties, customary international law, general principles of law, and writings of judges.
Example of Consent-Based System
The United Nations Charter, a multilateral treaty, is an example of how states have voluntarily assumed legal obligations through a consensual process, creating a framework for global governance and cooperation.
What Public International Law Entails
State Sovereignty and Recognition
Sources of International Law
International Legal Personality
Self-determination: Internal and External Self-determination
State Jurisdiction
State Responsibility
Interaction between International Law & Domestic Law
Use of Force & Law of Armed Conflict
Settlement of International Disputes
International Courts and Tribunals
Critiques of International Law
Makers of International Law
States.
International Organizations.
International Courts and other non-state actors.
Subjects of International Law
The state is the primary subject of International law.
International Organisations
Individuals
Multinational Corporations
Non-State Actors
Key Principles of International Law
Principle of Sovereign Equality of States: Article 2(1) of the UN Charter.
Principle of Non-Intervention in Domestic Affairs: Article 2(7) of the UN Charter.
Prohibition on the Threat or Use of Force: Article 2(4) of the UN Charter (jus cogens); exceptions in Article 51 of the UN Charter.
Peaceful Settlement of International Disputes: Article 2(3) of the UN Charter.
Respect for Human Rights and Fundamental Freedoms.
Self-Determination of People: Article 1(2) of the UN Charter.
Co-operation in Solving International Problems: Article 1(3) of the UN Charter.
Differences Between Domestic Law & Public International Law
Sources of law
Domestic law primarily emanates from the legislative, executive, and judiciary organs of a state.
International law arises from interactions and agreements between states e.g treaties.
Subjects of Law
Domestic law governs the conduct of individuals, corporations and other legal entities within a state’s territory.
International law primarily regulates the behaviour of states and other international actors.
Enforcement Mechanisms
Domestic legal systems have centralized institutions for enforcement; international law relies on decentralized mechanisms like economic sanctions and diplomatic pressure.
Hierarchy of norms
Domestic systems usually have a clear hierarchy of legal norms. In international law, there is no formal hierarchy of sources, although some norms are considered to have a higher status.
Enforcement of International Law
Sanctions are used to enforce compliance with international norms, maintain peace and security, or punish violations of international law, such as human rights abuses, aggression, or illegal activities.
A reparation is a remedy or compensation provided to states, individuals, or groups who have suffered harm or injustice, often as a result of violations of international law, such as human rights abuses, war crimes, or acts of aggression.
Self-defense is an exception to the prohibition against the use of force under the UN Charter and international law. It allows a state to use force to protect itself when there is an attack, a threat of an attack, or if the attack is aimed at the state or its citizens.