IL

Nature and Scope
- Traditional Concept: A body of rules and principles of actions which are binding upon civilized states in their relations with one another.
- Modern Concept: International law is a body of legal rules between sovereign states and entities with international personality (Schwarzenberger).
- Jeremy Bentham: Coined the term "International Law" in 1870, interchangeable with the Laws of Nations.
- Hugo Grotius: Dutch statesman and the "Father of International Law", author of "The Law of War and Peace" (1625).

Municipal Law: Issued by a political superior for observance by those under its authority.
International Law: Not imposed, but adopted by states as common rules among them; derived from international custom, conventions, and general principles of law.
Scope of Law:
- Municipal law regulates individual relations; international law regulates relations between states and other international persons.
Compliance and Violation Resolution:
- Municipal law violations are addressed locally; international law disputes are resolved through state interactions, including negotiation, arbitration, and sometimes war.
- Responsibility:
  - Breaches of municipal law entail individual responsibility.
  - Breaches of international law typically entail collective responsibility (directly attaching to states).

Doctrine of Incorporation: International laws are incorporated into municipal law through constitutional recognition.
Doctrine of Transformation: International laws must be legislatively enacted to be binding at the state level.

Naturalist School: Advocates for universal principles of right and wrong that can be recognized through reason (Law of Nature).
Positivists: Assert that the binding force of international law comes from the agreement of sovereign states (Consent of States).
Eclectics or Grotians: Integrate both natural law and state consent as bases of international law.

UN Security Council: Enforce international law under Chapter VII, determining threats to peace and imposing sanctions:
- Economic: Trade embargoes
- Diplomatic: Severing diplomatic relations
- Military: Armed force for peace and security maintenance.

Objectives:
- Establish peace and order in the international community.
- Prevent employment of force (everything from war to minor conflicts).
- Promote international friendship, aiming to break down barriers of color, creed, or nationality.
- Encourage cooperation on political, economic, cultural, or humanitarian issues.
- Manage orderly relations between states based on agreed substantive rules.

Primary/Direct Sources:
- Treaties/Conventions: Establishing recognized rules.
- International Customs: Practices accepted as binding through persistent usage.
- General Principles of Law: Recognized as just by civilized nations.
Secondary/Indirect Sources:
- Decisions of Courts: Including national and international courts (Art. 38, ICJ Statute).
- Publicists: Scholarly writings representing international law fairly and accurately.

Subject of International Law: Entities with rights and responsibilities (international personality).
Object of International Law: The person or thing associated with rights and obligations held by the subject.

Common Definition: Community of persons occupying a defined territory, under their own government, independent of external control.
International Law Definition: Group of people in a territory with an independent government, capable of engaging in international relations.

Permanent Population: Human beings residing within territory.
Defined Territory: Fixed land area occupied by the population.
Government: The agency executing state will and policies.
Sovereignty/Independence: Power to manage external affairs without external interference.

Independent States: Not subject to external dictation.
- Simple States: Single centralized government managing internal and external affairs.
- Composite States: Merged states with separate governments under a central authority.
  - Real union: Merging of states as one entity.
  - Federal union: A new state created from union without retaining independent status.
  - Confederation: States retaining internal sovereignty for limited purposes.
  - Personal union: Multiple states under a single monarch without combined representation.
  - Incorporate union: Central authority managing both internal and external affairs.
Dependent States: Entities with limited independence regarding external affairs.
- Protectorate: Established for protection of weaker states.
- Suzerainty: Former colonies retaining some powers from the former sovereign.

Vatican City:
- Population: 496 (July 2024).
- Defined Territory: 0.44 km².
- Government: The Holy See (church government), led by the Pope.
- Sovereignty/Independence: Became an independent state on February 11, 1929, by the Lateran Treaty.

Defined as parts of a parent state with no independent legal standing in international relations; occasionally participate in international undertakings.

League of Nations Mandate: Legal status for territories transferred post-World War I.
United Nations Trust Territories: Successors to mandates, established in 1946 following the League's cessation.

Established among states, obtaining international personality if primarily non-political and autonomous.

Traditional view: States as subjects, individuals as objects.
Contemporary view: Individuals recognized as subjects with international rights.