International Law ;
Introduction
Definition :
Jeremy Bentham 1780
World Wars
law that governs the relations
between states among each other.
Only states subjects, ILP, and possessing
rights and duties, and to bring claims
Holy see? International organizations ?,
International Law
Conflict of laws or private international law :
Cases
Particular legal system which foreign elements obtrude Application of the foreign law
General International Law :
Refers to rules and principles that are
applicable to a large number of states, on the
basis of either customary international law or
multilateral treaties.
If its binding
universal international law
Characteristic of IL :
Legal regulation of the international intercourse of
states which are organized as territorial entities
Limited to a certain number
Horizontal legal system
Lacks of supreme authority
Centralization of the use of force
Differentiation of three basic functions law making, law
Self-help countermeasures :
Retorsion : injuring the wrongdoing state
cutting off economic aid
Reprisals : rendered legal by a prior illegal
Is international law, law?
Controversy over :
Schools of International
Law :
Realist School :
The role of power and national interest in
international relations;
Limited but significant
Self-interest of states in regulating their
intercourse rationally on the basis of reciprocity
Since then, disputes often refer to international
Scope of International Law :
Process of IL
limited
diplomatic
relations and war
Progressing in numerous fields of
Covers vast and complex areas of
transnational concerns
state responsibility,
peace and security, the laws of treaties, air
Origin of International Law :
Peace of Westphalia 1648
concluded the
30 years war in Europe between Catholic and
Protestant countries and led to the
recognition of Protestant powers.
Germany divided into a number of small states
France, Sweden and the Netherlands recognized
as new big powers
Switzerland and the Netherlands were recognized
Peace of Westphalia envisaged :
Collective security defend its provision against
all others
Peaceful settlement or judicial adjudication
No solution within 3 years, gives assistance to the
injured party and allows the use of force never
put into practice balance of power between
French Revolution 1789
Freedom and self-determination of people
To be implemented beyond the territory of
France.
Vienna Congress 1815 :
Again, envisaged collective security
more
successful
Paris treaties created an
anti-revolutionary alliance between Austria,
Theories of IL :
Naturalists :
Scholars : Hugo Grotius, Suarez, Gentili, Zouche,
Vitoria
Law derived from principles of justice which had a
universal and eternal validity and which could be discovered by pure reason, law was to be found not made natural law
Positivists :
Actual behavior of states as the basis of
Combination of naturalists and positivists was made
by Emerich von Vattel inherent rights which
states derived from natural law, but they were accountable only to their own consciences for the observance of the duties imposed by natural law unless they had expressly agreed to treat those duties as part of positive law.
Legal result of the period of the
WW I :
The unlimited right to use force
Did not place any restriction to use force or to go to war
considered an inherent attribute of the sovereignty and equality of states
The peaceful settlement of disputes
Negotiations Mediations Conciliation arbitration
Prohibition on the slave trade
Humanization of the law of warfare
Agreements in military field concerning prisoners of war, the
The Hague Peace Conferences
1899 and 1907 :
Tsar Nicholas II & Theodore Roosevelt
The 1899 Conference :
Law of land warfare Law of sea warfare
Peaceful settlement of disputes
The establishment of the Permanent Court of
Arbitration
Adopted non binding resolution on military
The 1907 Conference :
The 1899 proven to be failed
Thus, failed to the outbreak of the WW I
Germany was punished under the treaty of
The League of Nations :
Woodrow Wilson; the establishment of a
general association of nations… under
specific covenants for the purpose of
affording mutual guarantees of political
independence and territorial integrity to great
and small states alike”
Attempt to restrict the use of force;
The cooperation and the achievement of peace
and security by the acceptance of state parties
War was only permitted after three months of
a decision adopted.
State that failed under this provision will
make, other members entitled, not obliged, to
go to war with that failed state.
Kellog-Brian Pact ( the Paris Pact of 1928 on
the Banning of War), initiated by France and
the US, attempted to achieve a broader
The League of Nations also attempted to
promote disarmament and open diplomacy to
abolish the practice of secret treaties.
Conclusion :
Neither the League of Nations and Paris Pact
were effectively succeed by replacing the old
The United Nations :
The prohibition on the use of force and
collective security
Decolonization and change in the
