Introduce the concept of international law, its sources, key principles, and the role it plays in regulating relations between states and international organizations.
Overview of International Law
Study guide – concise, organized, and easy to read
| Aspect | Description |
|---|---|
| Definition | A body of rules, norms, and principles that govern the relations between sovereign states, international organizations, and, increasingly, non‑state actors. |
| Purpose | • Maintain peace and security • Promote human rights and development • Regulate trade, the environment, and the use of force |
| Sources (Art. 38 (1) Statute of the ICJ) | 1. Treaties (conventions, agreements) 2. Customary International Law (general and consistent state practice + opinio juris) 3. General Principles of Law (recognised by civilized nations) 4. Judicial Decisions & Scholarly Writings (subsidiary means) |
| Characteristics | • No global legislature; law emerges from consent and practice • Primarily state‑centric, but NGOs, corporations, and individuals increasingly subject to obligations • Enforcement relies on consent, reciprocity, and reputational pressure rather than a single sovereign authority |
| Branch | Core Topics | Key Instruments |
|---|---|---|
| Public International Law | State sovereignty, use of force, diplomatic relations, human rights | UN Charter, Geneva Conventions, ICCPR, ICESCR |
| Private (Transnational) International Law | Cross‑border contracts, torts, family law, corporate disputes | Hague Conventions, UNCITRAL Model Law, CISG |
| International Humanitarian Law (IHL) | Conduct of armed conflict, protection of civilians | 1949 Geneva Conventions & Additional Protocols |
| International Criminal Law (ICL) | War crimes, genocide, crimes against humanity, aggression | Rome Statute (ICC), ad‑hoc tribunals |
| International Economic Law | Trade, investment, monetary relations | WTO Agreements, BITs, IMF & World Bank Articles |
| International Environmental Law | Protection of the environment, climate change | Stockholm, Rio (UNFCCC, Kyoto, Paris), Convention on Biodiversity |
| Law of the Sea | Maritime zones, navigation, resource exploitation | UNCLOS (1982) |
| Human Rights Law | Civil, political, economic, social, cultural rights | Universal Declaration of Human Rights, regional conventions (e.g., European Convention on Human Rights) |
| Principle | Meaning | Example |
|---|---|---|
| Sovereign Equality | All states have equal legal status, regardless of size or power. | One state cannot unilaterally dictate terms to another without consent. |
| Non‑Intervention | Prohibition of coercive interference in the internal affairs of another state. | No military invasion without UN Security Council authorization. |
| Peaceful Settlement of Disputes | States must resolve conflicts by negotiation, mediation, arbitration, or adjudication. | ICJ cases, WTO dispute‑settlement panel. |
| Prohibition of the Use of Force | Force may be used only in self‑defence or with UN Security Council authorization. | NATO’s intervention in Kosovo (controversial) vs. 1991 Gulf War (UN‑approved). |
| Self‑Determination | Peoples have the right to freely determine political status and pursue economic, social, and cultural development. | Decolonisation processes after WWII. |
| Humanitarian Protection | Parties to conflict must protect civilians and those hors de |