Introduction to International Laws
International law is the set of rules generally regarded and accepted as binding in relations between states and between nations. It serves as a framework for the practice of stable and organized international relations. International law differs from state-based legal systems in that it is primarily applicable to countries rather than to private citizens. National law may become international law when treaties delegate national jurisdiction to supranational tribunals such as theEuropean Court of Human Rights or the International Criminal Court. Treaties such as the Geneva Conventions may require national law to conform to respective parts
Much of international law is consent-based governance. This means that a state member of the international community is not obliged to abide by this type of international law, unless it has expressly consented to a particular course of conduct. This is an issue of state sovereignty. However, other aspects of international law are not consent-based but still are obligatory upon state and non-state actors such as customary international law and peremptory norms (jus cogens).
The term “international law” can refer to three distinct legal disciplines:
Public international law, which governs the relationship between states and international entities. It includes these legal fields:
- treaty law,
- law of sea,
- international criminal law,
- the laws of war or international humanitarian law,
- international human rights law, and
- refugee law.
Private international law, or conflict of laws, which addresses the questions of
- which jurisdiction may hear a case, and
- the law concerning which jurisdiction applies to the issues in the case.
Supranational law or the law of supranational organizations, which concerns regional agreements where the laws of nation states may be held inapplicable when conflicting with a supranational legal system when that nation has a treaty obligation to a supranational collective.
The two traditional branches of the field are:
jus gentium – law of nations
jus inter gentes – agreements between nations
History of International Law
Historically International law has existed since the early-19th century. However, its philosophical origins are found in 16th century thinkers and jurists such as Alberico Gentili, Francisco de Vitoriaand Hugo Grotius, the “fathers of international law.”
Two sophisticated legal systems developed in the Western World: the codified systems of continental European states (American Civil Law) and English common law, upon which the judge-made law of the United States is primarily based.
In the 20th century, the two World Wars and the formation of the League of Nations (and other international organizations such as the International Labor Organization) all contributed to accelerate this process and established much of the foundations of modern public international law.
After the failure of the Treaty of Versailles and World War II, the League of Nations was replaced by the United Nations, founded under the UN Charter.
The UN has also been the locus for the development of new advisory (non-binding) standards, such as the Universal Declaration of Human Rights.
Other international norms and laws have been established through international agreements, including the Geneva Conventions on the conduct of war or armed conflict, as well as by agreements implemented by other international organizations such as the-
- International Labour Organization,
- the World Health Organization,
- the World Intellectual Property Organization,
- the International Telecommunication Union,
- the World Trade Organization, and
- the International Monetary Fund.
The development and consolidation of such conventions and agreements have proven to be of great importance in international relations.
United Nations as Custodian of International Laws
The development of International Law is one of the primary goals of the United Nations. The Charter of the United Nations, in its Preamble, sets the objective “to establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained”.
International Law defines the legal responsibilities of States in their conduct with each other, and their treatment of individuals within State boundaries. Its domain encompasses a wide range of issues of international concern such as human rights, disarmament, international crime, refugees, migration, problems of nationality, the treatment of prisoners, the use of force, and the conduct of war, among others. It also regulates the global commons, such as the environment, sustainable development, international waters, outer space, global communications and world trade.
More than 500 multilateral treaties have beendeposited with the Secretary-General of the United Nations. Many other treaties are deposited with governments or other entities.
The General Assembly is the main deliberative body of the United Nations. Many multilateral treaties are adopted by it and subsequently opened for signature and ratification by member States of the United Nations.
The UN General Assembly has adopted a number of multilateral treaties throughout its history, including:
- Convention on the Prevention and Punishment of the Crime of Genocide (1948)
- International Convention on the Elimination of All Forms of Racial Discrimination (1965)
- International Covenant on Civil and Political Rights (1966)
- International Covenant on Economic, Social and Cultural Rights (1966)
- Convention on the Elimination of All Forms of Discrimination against Women (1979)
- United Nations Convention on the Law of the Sea (1982)
- Convention on the Rights of the Child (1989)
- Comprehensive Nuclear-Test-Ban Treaty (1996)
- International Convention for the Suppression of the Financing of Terrorism (1999)
- Convention on the Rights of Persons with Disabilities (2006)
The Legal (Sixth) Committee is the primary forum for the consideration of legal questions in the General Assembly. Many international instruments, including a number of international treaties have been adopted by the General Assembly on the basis of the recommendation of the Committee.
The International Law Commission was established by the General Assembly in 1948 with a mandate to undertake the progressive development and codification of international law under article 13(1)(a) of the Charter of the United Nations. As an expert legal body, its task is to prepare draft conventions on subjects, which have not yet been regulated by international law and to codify rules of international law in fields, where there already has been extensive State practice. The Commission’s work in criminal law led to the adoption of the Statute of the International Criminal Court. It also drafted the Vienna Convention on Diplomatic Relations (1961) and the Vienna Convention on the Law of Treaties (1969), among others.
Treaties and other international legal instruments are also developed by the specialized agencies of the United Nations, such as the International Labour Organization (ILO), the International Maritime Organization (IMO) and the International Civil Aviation Organization (ICAO), by the subsidiary organs of the United Nations, such as the United Nations Commission on International Trade Law (UNCITRAL) and the United Nations Office on Drugs and Crime (UNODC), and by multilateral negotiating bodies, such as the Conference on Disarmament.
To become party to a treaty, a State must express, through a concrete act, its willingness to undertake the legal rights and obligations contained in the treaty – it must “consent to be bound” by the treaty. This is usually accomplished through signature and ratification of the treaty, or if it’s already in force, by accession to it.
Each year, the UN holds a Treaty Event, highlighting a group of treaties, as a way to encourage Member States to sign, ratify or otherwise support these treaties.
Different treaties may create different treaty body regimes to encourage the parties to abide by their obligations and undertake actions required for compliance.
Legal disputes between states can be referred to the International Court of Justice, the principal judicial organ of the United Nations, which also gives advisory opinions on legal questions referred to it by duly authorized international organs and agencies.
The international community has long aspired to create a permanent international court to try the most serious international crimes, and, in the 20th century, it reached consensus on definitions of genocide, crimes against humanity and war crimes. The Nuremberg and Tokyo trials addressed war crimes, crimes against peace, and crimes against humanity committed during the Second World War.
In the 1990s, after the end of the Cold War, tribunals such as the International Criminal Tribunals for the former Yugoslavia (ICTY) and for Rwanda (ICTR) were established to fight impunity by trying crimes committed within a specific time-frame and during a specific conflict. In 2010, the UN Security Council created the Mechanism for International Criminal Tribunals (MICT) to carry out a number of essential functions of the two ad hoc tribunals after the completion of their respective mandates. The Arusha, Tanzania branch of MICT started functioning in July 2012, while the branch located in The Hague, Netherlands will take over from the ICTY in July 2013.
In 1998, the international community reached an historic milestone when 120 States adopted the Rome Statute, the legal basis for establishing the permanent International Criminal Court (ICC).
The ICC is an independent international organization, and is not part of the United Nations system. Its seat is at The Hague in the Netherlands.
17 cases in 7 situations have been brought before the International Criminal Court. Cases are referred to the Court by states parties, by the UN Security Council or on the initiative of the Court’s Prosecutor. To date, there have been three state referrals from the governments of the Democratic Republic of Congo,Uganda, and the Central African Republic, and two referrals from the United Nations Security Council regarding the situation in Darfur and the situation in Libya.
- American Declaration of the Rights and Duties of Man,1948
- Antartica Treaty, 1959
- Charter of United Nations and Statute of International Court of Justice
- Comprehensive Nuclear-Test-Ban Treaty,1996
- Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
- Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)
- Convention on the Elimination of All Forms of Discrimination against Women,1979
- Convention on the Prevention and Punishment of the Crime of Genocide
- Convention on the Prevention and Punishment of the Crime of Genocide,1948
- Convention on the Rights of Persons with Disabilities
- Convention on the Rights of Persons with Disabilities,2006
- Convention on the Rights of the Child,1989
- Declaration of the Rights of the Child,1923
- Declaration on the Rights of Disabled Persons,1975
- Indigenous and Tribal Peoples Convention,1989
- Indus Waters Treaty, 1960
- International Convention for the Protection of All Persons from Enforced Disappearance
- International Convention for the Suppression of the Financing of Terrorism,1999
- International Convention on the Elimination of All Forms of Racial Discrimination
- International Convention on the Elimination of All Forms of Racial Discrimination,1965
- International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families
- International Convention on the Suppression and Punishment of the Crime of Apartheid
- International Covenant on Civil and Political Rights,1966
- International Covenant on Economic, Social and Cultural Rights,1966
- International Tribunal for the Law of the Sea
- United Nations Convention on the Law of the Sea,1982
- Universal Declaration of Human Rights,1948
- Universal Declaration on Cultural Diversity,2001