INTERNATIONAL LAW

REPORT IN INTRODUCTION TO INTERNATIONAL RELATIONS

While it is true that international law deals with international disputes, like any other system of law the role of
international law is to regulate relations and thus help to contain and avoid disputes in the first place. The substantial
part of international law, therefore, does not concern dispute resolution but dispute avoidance. It focuses on the day-today regulation of international relations.
Sam Blay The Nature of International Law

PURPOSE OF THE REPORT PAPER:

This document is intended to provide students an overview of international law and the structure
of the international legal system. In many cases it oversimplifies the law by summarizing key principles in less than one page

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1OVERVIEW
International Law- Public, Private and Supranational-Is Intl Law a Law in a true sense or not?-Intl Law
and Domestic Law- Why do States obey Intl Law?-Subjects of Intl Law How do Intl Law and Domestic
Law interact?

2SOURCES OF INTERNATIONAL LAW

Intl Conventions and Treaties-Customs (Jus Cogens)-General Principles of Law-Judicial Decisions and
Writings of Publicist-Hard and Soft Law

3SANCTIONS
Unilateral Sanctions- Collective Sanctions-

4HIERARCHY OF NORMS
Hierarchy among the sources of International law

5Jurisdiction of States
Principles of Jurisdiction-Immunities from Jurisdiction

6Principles Governing State Relations

General Principles Governing Friendly Relations

7Responsibility of States for Wrongful Acts

Responsibility of States for internationally wrongful acts

8Status of the Seas, Outer space and Antarctica

High Seas-Exclusive Economic Zone (EEZ)-Deep Sea Bed-Outer space-Antarctica

9UNCLOS
UNCLOS-ITLOS

1O INSTITUTIONS
United Nations- Security Council- General Assembly-ICJ-Secretariat- Trusteeship Council- Economic and
Social Council-Specialized Agencies- International Tribunals-ILC-ICC-WTO-APEC

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I. What is International Law?

International law is the universal system of rules and principles concerning the relations between
sovereign States, and relations between States and international organizations such as the United
Nations.
A.PUBLIC, PRIVATE AND SUPRANATIONAL INTERNATIONAL LAW

o Private international law

Private international law/conflict of laws as used in its broad sense, means the set of legal rules
governing international relations between private individuals. It addresses the questions of (1) which
jurisdiction may hear a case, and (2) the law concerning which jurisdiction applies to the issues in
the case. It is used to determine the juridical jurisdiction of a State on a certain case involving a
foreign element.
o Public International Law
Public international law refers to those laws, rules, and principles of general application that deal
with the conduct of nation states and international organizations among themselves as well as the
relationships between nation states and international organizations with natural and juridical persons.
It includes treaty law, law of sea, international criminal law, the laws of war or international
humanitarian law and international human rights law. The public international law aims to monitor
the behavior between states since where there exists a community of states, the maintaining of law
and order becomes essential.
o Supranational Law (Having power or influence that transcends national boundaries or
governments) 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.
B.IS INTERNATIONAL LAW A LAW IN A TRUE SENSE OR NOT?
The status of International Law, that whether it is a Law or not is a long debate. Jurist have different
views, and as a result, various schools of thought came to existence.
1. International law is NOT a Law in a true sense- According to this school of thought,
International law is not a law in a strict legal sense. The following are the arguments in support
of their view:
o There is NO superior legal authority
o There is NO Legislature to enact the rules as in Municipal Law
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o There is NO Judicial Machinery to interpret the laws

o There is NO Executive authority to enforce International Law
o International Law is frequently violated
`
2. International Law is a Law in a true sense-The following are the arguments in support of this
view:
o For the definition of a law, Political Superior Authority is NOT necessary.
o There is a Legislative Assembly in the shape of the General Assembly and the Security Council
and the States which enter into Treaties also act as Legislating body.
o There is a potent Judicial Machinery in the shape of the ICJ, its decisions are binding when the
parties with their mutual consent refer to it.
o It is wrong to say that there is no Executive Authority to enforce International Law because the
adverse view of the member States and fear of cessation of economic and diplomatic ties and
fear of war acts as a sanction for its implementation.
o It is right to say that International Law has frequently been violated but the status of International
law as a true law should NOT be denied because law is law and obedience from its subjects is
another thing. Municipal Law in fact is also frequently being violated.
o Moreover, State themselves consider it binding upon them.
3. International Law is Law but a weak Law- The following are the arguments in support of this
view:
o There is NO coercive agency to enforce it
o It has FREQUENTLY been violated
o Superpowers interpret it according to their wishes
o Though there is an International Court of Justice, it however enjoys NO compulsory Jurisdiction,
its decisions are only binding when both parties refer to it.
o There are sanctions to enforce it but proved to be inadequate to attain International Justice.

C.Difference between International Law and Domestic Law

International law is concerned with the rights and duties of States in their relations with each
other and with international organizations. Domestic (municipal or national) law, the law within a State,
is concerned with the rights and duties of legal persons within the State. International law differs from
domestic law in two central respects:
o The law-making process
o Enforcement
D.WHY DO STATES OBEY INTERNATIONAL LAW?
Even though international law does not have the coercive enforcement processes available to
domestic law, it is in the interests of most States to ensure stability and predictability in their relations
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with other States. By complying with their obligations, they help to ensure that other States comply with
theirs.
E.SUBJECTS OF INTERNATIONAL LAW
A subject of international law (also called an international legal person) is a body or entity
recognized or accepted as being capable of exercising international rights and duties.
The main features of a subject of international law are:
o the ability to access international tribunals to claim or act on rights conferred by international
law;
o the ability to implement some or all of the obligations imposed by international law; and
o ability to have the power to make agreements, such as treaties, binding in international law;
o to enjoy some or all of the immunities from the jurisdiction of the domestic courts of other
1. STATES
A State has the following characteristics: (1) a permanent population; (2) a defined territory; (3)
a government; and (4) the capacity to enter into relations with other States. Some writers also argue that
a State must be fully independent and be recognized as a State by other States. The international legal
system is a horizontal system dominated by States which are, in principle, considered sovereign and
equal.
Rights of States
o Sovereignty
o Equality
o Political independence and territorial integrity
Other rights of States. . .
o Responsibility to protect
o Self-determination
o Creation and Recognition of New States
1. International Organizations
International Organizations are established by States through international agreements and their
powers are limited to those conferred on them in their constituent document. International organizations
have a limited degree of international personality, especially vis--vis member States. They can enter
into international agreements and their representatives have certain privileges and immunities
2. Nationality of individuals.
Individuals are generally not regarded as legal persons under international law. Their link to State is
through the concept of nationality which may or may not require citizenship. Nationality is the status of
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being treated as a national of a State for particular purposes. Each State has wide discretion to
determine who is a national. The most common methods of acquiring nationality at birth are through one
or both parents and/or by the place of birth. Nationality can also be acquired by adoption and
naturalization.
3. Corporations (MNCs/TNCs)
Large multinational companies may operate all around the world, and their profits may outstrip the
resources of some States. Corporations interact with States they become legal entities under municipal
law; they negotiate with States sometimes from a position of great power. Some companies are granted
very favorable conditions (for example, in relation to minimum work standards, tax treatment, or
immunity from legal suit) by States eager to attract inbound foreign investment. Sometimes corporations
are closely connected to their home State or controlled by their home States government
4. National Liberation Movements
The Palestine Liberation Organization and Polisario (representing the people of Western Sahara,
occupied by Morocco) are examples of organizations having a limited international personality through
recognition by some States, or the United Nations, as representatives of their peoples.
D.HOW DO INTERNATIONAL LAW AND DOMESTIC LAW INTERACT
o Monism. In this theory, all law is part of a universal legal order and regulates the conduct
of the individual State. The difference in the international sphere is that the consequences
are generally attributed to the State. Since all law is part of the same legal order,
international law is automatically incorporated into the domestic legal order.
o Dualism. This theory holds that international law and domestic law are separate bodies of
law, operating independently of each other. Under dualism, rules and principles of
international law cannot operate directly in domestic law, and must be transformed or
incorporated into domestic law before they can affect individual rights and obligations.
II. SOURCES OF INTERNATIONAL LAW
A.TREATIES
Treaties are written agreements between States that are governed by international law. Treaties
are referred to by different names, including agreements, conventions, covenants, protocols and
exchanges of notes. If States want to enter into a written agreement that is not intended to be a treaty,
they often refer to it as a Memorandum of Understanding and provide that it is not governed by
international law. Treaties can be bilateral, multilateral, regional and global.
The process for concluding a treaty generally includes the following steps. . .
o
o
o
o

Adoption
Signature
Ratification
Accession

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o Entry into Force

B.CUSTOM
Customary international law describes general practices accepted as law by States.The task of
identifying or describing customary international law, involves consideration of the following elements:
o
o
o
o

the degree of consistency and uniformity of the practice;

the generality and duration of the practice;
the interests of specially affected States; and
the degree to which the States who adopt the practice do so from a recognition that the
practice is required by, or consistent with prevailing international law. The shorthand for
the belief that the practice is required by law is opinio juris et necessitates, a Latin phrase.

Jus Cogens
There are some principles of international law, however, that have become so widely accepted
that they are now considered to be fundamental principles and rules that may not be altered or broken.
Such principles currently include the prohibitions against slavery and torture, genocide, the use of armed
force, and piracy on the high seas; and more positively, the principle of racial non-discrimination; and,
the right to self determination. These principles of international law are known as jus cogens.
C.GENERAL PRINCIPLES OF LAW
Another source of international law is general principles of law. The ICJ is directed to consider the
general principles of law recognized by civilized nations in its decision making. The preferable view
seems to be that international tribunals use domestic law selectively where situations are comparable to
make the administration of international law work.
D.JUDICIAL DECISIONS AND WRITINGS OF PUBLICIST
The Statute of the International Court of Justice says that the Court shall apply judicial decisions
and the teachings of the most highly qualified publicists as subsidiary means for the determination of
rules of law. Traditionally, judicial decisions and writing of publicists do not themselves form a source
of international law, but help the Court to identify the scope of customary law, proper interpretation of a
treaty, or existence of general principles.
A. HARD AND SOFT LAW
The terms hard law and soft law are often used in writings about international law. Hard law
refers to binding law such as resolutions of the UN Security Council, treaty obligations to which
a State has agreed and rules of customary international law.
The term soft law is used in two different situations.

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1. Where treaty obligations are expressed in vague or flexible terms, rather than clear and
concrete terms. This type of drafting is used in many legally binding international law
instruments, also known as framework conventions.
2. Where principles and Guidelines are not binding
Principles of this kind can develop from international conferences, or be formulated in
non-binding agreements. Soft law in this sense can articulate principles that may
subsequently develop into binding customary law.
III. SANCTIONS UNDER INTERNATIONAL LAW
A.COUNTERMEASURES
Unilateral sanctions are impermissible under international law as the Charter of the United
Nations addresses only collective economic measures. Unilateral sanctions are usually imposed by an
individual state which resorts to unilateral sanctions as a primary tool of foreign policy with an objective
to modify the targeted countrys behavior. Countermeasures in which case their legality depends on
their fulfilling the conditions laid down in the general law on State responsibility as codified by the
International Law Commission.
B.COLLECTIVE SANSTIONS
In case of violation of an International right or non performance of an International legal duty by
a State, collective measures may also be taken by other members of United Organizations.
International Law recognizes the following sanctions against a wrong-doer subject of
International Law.
o Economic Sanctions- typically a ban on a trade, possibly limited to certain sectors such as
armaments or with certain exceptions (such as food and medicine)
o Financial Sanctionso Military Sanctions- military intervention
o Diplomatic Sanctions- the reduction or removal of diplomatic ties, such as embassies.
Diplomatic sanctions are political measures taken to express disapproval or displeasure at
a certain action through diplomatic and political means, rather than affecting economic or
military relations. Measures include limitations or cancellations of high-level government
visits or expelling or withdrawing diplomatic missions or staff.
o Sports Sanction-- preventing one country's people and teams from competing in
international events. Sport sanctions are used as a way of psychological
warfare, intended to crush the morale of the general population of the
target country.
C.EUROPEAN UNION
Like States, international organizations may also adopt unilateral sanctions against States
or other international organizations, and the EU has been particularly active in this respect. A
first part of the presentation will deal with some terminological clarifications on unilateral
sanctions. The European Union has a large number of sanctions regimes with various foreign
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policy aims. These measures all have the same legal form; Decisions made by the Council of the
European Union, and Implementing Regulations, which are directly applicable in Member States
of the European Union
IV. HIERARCHY OF NORMS
In theory there is no hierarchy among the three sources of law listed in Article 38 of the ICJ
Statute. In practice, however, international lawyers usually look first to any applicable treaty rules, then
to custom, and last to general principles.
V. JURISDICTION OF STATES
A.Principles of Jurisdiction
The concept of jurisdiction refers to the power of a State to prescribe and enforce criminal and
regulatory laws and is ordinarily based on the territorial principle, under which a State has jurisdiction
over activities within its territory.
B.IMMUNITIES FROM JURISDICTION
The principle of sovereign equality of States requires that the official representatives of one State
should not be subject to the jurisdiction of another State
VI. PRINCIPLES GOVERNING FRIENDLY RELATIONS BETWEEN STATES
The general principles governing friendly relations between States are set out in UN General Assembly
Resolution 2625:

o States shall refrain in their international relations from the threat or use of force against the
territorial integrity or political independence of any State, or in any other manner inconsistent
with the purpose of the United Nations
o Pacific settlement of disputes
o Non-intervention in matters within the domestic jurisdiction of any State, in accordance with the
Charter
o Co-operation with one another in accordance with the Charter
o Equal rights and self-determination of peoples
o Sovereign equality of States
o States shall fulfill in good faith the obligations assumed by them in accordance with the Charter
VII. RESPONSIBILITY OF STATES FOR WRONGFUL ACTS
The 2001 ILC Articles on the Responsibility of States for Internationally Wrongful Acts set out
the principles in this important field of international law. States are responsible to other States for their
internationally wrongful acts. A State commits internationally wrongful act when conduct consisting of
an act or omission (a) is attributable to the State under international law; and (b) constitutes a breach of
an international obligation owed by that State to the injured State or the international community.
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VIII. STATUS OF THE HIGH SEAS, OUTER SPACE AND ANTARCTICA

A. HIGH SEAS
The high seas are governed by several fundamental principles. First, no State may purport to assert
sovereignty over any part of the high seas. Second, all States have the right to exercise the freedoms of the seas,
including freedoms of navigation, freedom of over flight, freedom to lay submarine cables and pipelines, and
freedom to conduct marine scientific research.
B. EXCLUSIVE ECONOMIC ZONE

Coastal States are permitted to claim an exclusive economic zone (EEZ) of up to 200 nautical miles
from the baselines from which the territorial sea is measured wherein they have the sovereign right to
explore and exploit the natural resources of the sea and of the seabed and subsoil.
C. DEEP SEA BED BEYOND THE LIMITS OF NATIONAL JURISDICTION

The natural resources of the deep sea bed beyond the limits of national jurisdiction are vested in
mankind as a whole under the principle of the common heritage of mankind.
D. OUTER SPACE
The principles governing the use of outer space are similar to those that the high seas. First, no State
may purport to assert sovereignty over any part of outer space. Second, all States have the freedom to
use outer space for peaceful purposes. Third, States on whose registry a space object is launched shall
retain jurisdiction and control over the space object and over any persons on board the space object. .
E. ANTARCTICA
Official claims to sectors of the ice-covered continent of Antarctica were made by seven States The
Antarctic Treaty froze the claims of the seven claimant States, and stated that no new claims to
sovereignty would be made. It also stated that Antarctica should be used only for peaceful purposes. The
Antarctic Treaty permits States parties to conduct scientific research in Antarctica and its provisions are
generally respected by non-party States as customary law.
IV. UNCLOS AND ITLOS
A.UNCLOS
The United Nations Convention on the Law of the Sea (UNCLOS), also known as the Law of the
Sea Treaty, is the international agreement that defined the limits of the territorial seas of nations and the
areas in which they could exploit marine resources.
It also established the rules for the use of the high seas for international navigation, and outlined the
rights and responsibilities of nations in the protection of the marine environment.
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RATIONALE:
In the past, the three-mile rule was traditionally used by coastal states to determine the limits of their
territorial waters. After World War II, however, states began extending their control beyond previous
limits.
In 1945, due to domestic oil demands, the United States claimed the right to harvest the natural
resources in its continental shelf. Chile, Peru, and Ecuador asserted sovereign rights over a 200-mile
zone, hoping to limit the access of foreign fishing fleets and prevent the depletion of fish stocks in their
adjacentseas.
PROVISIONS OF THE UNCLOS:
The UNCLOS provides for the following:
Baseline Determined by connecting points on the coastline from a large map, this is the starting point
for measuring the maritime territory of a coastal state.
Territorial sea This is the belt of sea 12 nautical miles from the baseline. In this area, the coastal state
exercises sovereign rights and may arrest foreign ships.
Contiguous Zone This is the maritime area not exceeding 24 nautical miles from the baselines. The
coastal state exercises authority over this area to the extent necessary to prevent infringement of its
customs, fiscal, immigration, or sanitation authority over its territorial waters. This is a response to the
practice of foreign ships lingering beyond a states territorial sea, and thus beyond its criminal
jurisdiction, where they commit acts inimical to the coastal state.
Exclusive Economic Zone or EEZ This is the maritime area within 200 nautical miles from a countrys
baseline. Within the EEZ, the coastal state has rights over the economic resources of the sea, seabed, and
subsoil to the exclusion of other states. However, other nations have the right of navigation and
overflight over this area, subject to the regulation of the coastal state.
Continental Shelf This is the seabed and subsoil of the submarine areas adjacent to the coastal state but
outside the territorial sea. The continental shelf extends 200 nautical miles, and in some cases may
extend up to 350 miles, following the natural prolongation of the soil. The coastal state has the right to
explore and exploit the natural resources in this area, but this right does not extend to other materials
such as shipwrecks.

B.ITLOS
The establishment of the International Tribunal for Law of the Sea is to bring the system of dispute
settlement of the United Nations Convention on Law of the Sea into full operation. It is the latest
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international judicial institutions which was established after the entry into force of the United Nations
Convention on Law of the Sea in November 1994.
IV. INSTITUTION
A.UNITED NATIONS MEMBERSHIP

The UN was established in 1945, with 51 members, including Australia. As at April 2009, it has 192
members which encompasses practically all States. Membership is open to any country that is peace
loving and accepts the obligations of the Charter.
The purposes of the UN are
o to maintain international peace and security, including by prohibiting the use of force in
international relations (article 2(4) of the UN Charter) and authorizing collection security to
restore peace (Chapter VII of the Charter);
o to develop friendly relations between States;
o to achieve international co-operation in solving
international problems, and co-ordinate and harmonize actions to achieve these ends. (Article 1,
UN Charter).
1. THE SECURITY COUNCIL
The Security Council consists of 15 States the five permanent members (USA, UK, France,
Russian Federation and China), and ten States elected for terms
2. GENERAL ASSEMBLY
All members of the UN are represented in the General Assembly and each has one vote. The role
of the General Assembly is to consider, discuss and make recommendations. The General Assembly
cannot make recommendations in relation to a dispute or other situation which is under consideration by
the Security Council.
3. INTERNATIONAL COURT OF JUSTICE (ICJ)
The ICJ was established with the UN in 1945. It succeeded the Permanent Court of International
Justice and is located in The Hague. It has 15 permanent members, elected for a nine-year term.
Elections are held every three years, and one-third of the judges retire each time. If the Court does not
include a judge of the nationality of a State which is a party in a case, that State can nominate a judge ad
hoc to sit on the case. Decisions are by majority vote, and there is no appeal.
4. SECRETARIAT
The Secretariat consists of the administrative staff of the UN, and is essentially an independent
international public service. It is headed by the Secretary-General, who is appointed for a five-year term
by the General Assembly on the recommendation of the Security Council. The Secretary-General can
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bring matters to the attention of the Security Council and is not only a bureaucrat but also a diplomat
and peacemaker.
5. TRUSTEESHIP COUNCIL
The Trusteeship Council was established to supervise the administration of 11 non-self
governing countries by other countries. Australia was trustee for New Guinea until its independence in
1975. By 1994 all trust territories had attained self-government or independence, either as separate
States or by joining neighboring independent countries. Palau was the last trust territory. The Trusteeship
Council suspended its operations on 1 November 1994.
6. ECONOMIC AND SOCIAL COUNCIL
ECOSOC has 54 members elected by the General Assembly. The five permanent members of the
Security Council are represented, and the other members are elected so as to achieve an equitable
geographic distribution
7. HUMAN RIGHTS COUNCIL
The creation of the Human Rights Council is intended to:
o accord appropriate importance within the UN to human rights by creating a higher status,
Council level organization, as for security (Security Council) and development (Economic &
Social Council). All three concepts are central to the UN Charter;
o address a perception that the Commission on Human Rights had become overly politicised,
ineffective and selective in its work;
o to make the Human Rights Council a smaller standing body (that means, always working rather
than working during only one part of the year) with members elected by all members of the
General Assembly, taking into account the candidate States contribution to the promotion and
protection of human rights and the need for equitable representation across the five UN
geographic regions; and
o establish a new system of universal periodic review of the human rights performance of UN
member states
8. UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES
The UNHCR was established in 1951 to provide protection and assistance to refugees in States
that are not parties to the Convention Relating to the Status of Refugees 1951, and to assist those States
that are parties to implement the Convention.
9. SPECIALIZED AGENCIES
Autonomous organizations linked to the UN through special agreements include:
o
o

ILO (International Labor Organization)

FAO (Food and Agriculture Organization)

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o
o
o
o
o
o
o
o
o
o
o
o
o

UNESCO (UN Educational, Scientific and Cultural Organization)

WHO (World Health Organization
World Bank group
IMF (International Monetary Fund
ICAO (International Civil Aviation Organization
UPU (Universal Postal Union
ITU (International Telecommunication Union
WMO (World Meteorological Organization
IMO (International Maritime Organization.
WIPO (World Intellectual Property Organization).

IFAD (International Fund for Agricultural Development

UNIDO (UN Industrial Development Organization)
UNDP (UN Development Program
o IAEA (International Atomic Energy Agency)
o World Trade Organization (WTO)
10. ASIA-PACIFIC ECONOMIC FORUM (APEC)
In 1989, APEC was formed by Australia and Japan. There are now 21 members, including the
USA, China, Japan, Indonesia, Malaysia, Mexico and Russia. There is an annual Ministerial Meeting,
and other Leaders Meetings and Specialist Ministerials to develop policy on particular issues.
APEC has two objectives:
o to liberalize trade and investment in the region; and
o a program of economic and technical co-operation.
11. ASSOCIATION OF SOUTH EAST ASIAN NATIONS (ASEAN)
An association of ten South East States (Brunei Darussalam; Cambodia; Indonesia; Lao Peoples
Democratic Republic; Malaysia; Myanmar; Philippines; Singapore; Thailand; Viet Nam) to accelerate
economic, social and cultural development and progress, and to promote regional peace and stability

12. Role of the International Law Commission (ILC)

The ILC was established by the UN in 1948. The 34 members of the ILC are elected by the General
Assembly after being nominated by member States.

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