What is International Law? International Law governs the relations between countries Referred to as public international law Not Private International Law Supranational Law is part of International Law
History of International Law Iusgentium Commercial Transaction 17th century move to ius ad bellum 20th century ius ad bellum rejected Founding of International Organizations
Sovereignty Signatory nations are equal Traditionally parties were mostly nations. NGO’s, IGO’S, Multinational corps Authority of International Law largely depends upon voluntary participation of states In some areas judicial and quasi-judicial tribunals are available
Article 38(1) ICJ Statute International conventions Customary law General principles of law Scholarly work Case law
Article 38(1) ICJ Statute 1. The Court, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply: a. international conventions, whether general or particular, establishing rules expressly recognized by the contesting states; b. international custom, as evidence of a general practice accepted as law; c. the general principles of law recognized by civilized nations; d. subject to the provisions of Article 59, judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law.