HTTPLEGAL.UN.ORGAVLLECTURESERIES.HTMLCH 6 TH

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CH 6: THE INTERNATIONAL PROTECTION OF
HUMAN RIGHTS
Human Rights
dignity and of the equal and absolute rights of
all members of the human family is the
foundation of freedom, justice and peace in the
world’.
THE NATURE OF “RIGHTS”

jurisprudential debate.
tely enforceable binding commitments
pattern of behavior
-compliance
ethics and morality.
positive or man-made law.

principles governing all human beings in time and
space.
property upon a social contract
human rights in
international law
tended to emphasize the basic civil and political rights of
individuals, that is to say those rights that take the form of
claims limiting the power of government over the
governed.
especially as a citizen's entitlement)

nt of the governed is seen as crucial in this
process
state.
law may be expressed in three propositions:
freedoms of all persons within their territories
sex, race, religion or language
ote universal respect for human
rights and to co-operate with each other to achieve this
objective

rights and the relativism of cultural
traditions.
context of particular cultural or religious
traditions,
cultural differences
THE DEVELOPMENT OF INTERNATIONAL
HUMAN RIGHTS LAW
regarded as within the internal sphere of national jurisdiction.
Nations in 1919

up the mandates system
l remedies rule
-derogable Rights/ Inalienable
principle of non-discrimination

national, ethnical, racial or religious group as
such’:
or mental harm to
members of the group
of life calculated to bring about its physical
destruction in whole or in part
within the group
forcibly transferring children of the group to
another group.
PROHIBITION OF DISCRIMINATION
members of groups.
of All Forms of Racial Discrimination was signed

in 1965 and entered into force in 1969
based on race, color, descent or national or ethnic origin
which has the purpose or effect of nullifying or
impairing the recognition, enjoyment or exercise, on an
equal footing, of human rights and fundamental
freedoms in the political, economic, social, cultural or
any other field of public life.
THE PRINCIPLE OF SELF-DETERMINATION AS
A HUMAN RIGHT
provides that ‘all peoples have the right to self-
determination.
determine, when and as they wish, their internal
and external political status, without external

interference, and to pursue as they wish their
political, economic, social and cultural
development’
dismantling of sovereign states
n to take part in
the conduct of public affairs at any level’.
Rights in 1966
linguistic minorities exist, persons belonging to
such minorities shall not be denied the right, in
community with the other members of their
group, to enjoy their own culture, to profess and
practice their own religion, or to use their own
language

THE UNITED NATIONS SYSTEM–
IMPLEMENTATION
--- United Nations
Third Committee
Genera l Assembly Thematic rapporteurs
Human Rts Council
Country rapporteurs
International tr ibunals
Security Counci l
Sanctions committees
ECOSOC i------ expert bodies/standing committees eg
permanent forum of indigenous issues
Human Rights Committee (ICCPR)
Committee on Economic, Social & Cultural Rights (CESCR)
Committee on Elimination of Racial Discrimination (CERD)
Committee on Elimination of Discrimination against Women
(CEDAW)
i------i Treaty-based bodies i---+- Committee against Torture
(CATI
Committee on Rights of the Child (CRC)
Committee on Migrant Workers (CMW)
Committee on Rights of Persons with Disabilities (CRPD)
Committee on Enforced Disappearances (CED)
-- Other UN agencies --- e.g. UN Children's Fund (UNICEF)

Regional institutions
European Court of Human Rights (ECHR)
Inter-American Commission and Court of Human Rights
(IACHR/IAC+HR)
African Commission and Court of Human and Peoples Rights
(ACHPR/AC+HPR)
ASEAN Intergovernmental Commission Human Rights (AICHR)
Brief overview of global human rights institut ions
Convention against Torture to mean:
whether physical or mental, is intentionally
inflicted on a person for such purposes as
obtaining from him or a third person information
or a confession, punishing him for an act he or a
third person has committed or is suspected of
having committed, or intimidating or coercing
him or a third person, or for any reason based on
discrimination of any kind, when such pain or
suffering is inflicted by or at the instigation of or
with the consent or the acquiescence of a public
official or other person acting in an official
capacity. It does not include pain or suffering
arising only from, inherent in or incidental to
lawful sanctions
THOUGHTS

conventions obligate states parties to take
certain measures with regard to the
provisions
require states parties to make periodic
reports
with consistency
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66 General ANembly - Fifteenth Se811ion
should be admitted to membership in the United
Nations, 81
Having considered the application for membership of
the Republic of Mali,82
Deci.des..tt! admit the Republic of Mali to membership
in the United Nations.
876th plenary meeting,
28 September 1960.
1492 (XV). Admission of the Federation of
Nigeria to membership in the United Nations
The General, Assembly,
Having received the recommendation of the Security
Council of 7 October 1960 that the Federation of Nigeria
should be admitted to membership in the United
Nations, 83
Having considered the application for membership of
the Federation of Nigeria, 84
Decides to admit the Federation of Nigeria to mem-
bership in the United Nations.
893rd plenary meeting,
7 October 1960.
1495 (XV). Co-operation of Member States

The GeneraJ, Assembly,
Deeply concerned by the increase in world tensions,
Considering that the deterioration in international
relations constitutes a grave risk to world peace and
co-operation,
Conscious that both in the General Assembly and in
the world at large it is necessary to arrest this trend
in international relations and to contribute towards
greater harmony among nations irrespective of the dif-
ferences in their political and economic systems,
1. Urges that all countries, in accordance with the
Charter of the United Nations, refrain from actions
likely to aggravate international tensions ;
2. Reaffirms the conviction that the strength of the
United Nations rests on the co-operation of its Member
States which should be forthcoming in full measure so
that the Organization becomes a more effective instru-
ment for the safeguarding of peace and for the promotion
of the economic and social advancement of all peoples;
3. Urges further that immediate and constructive
steps should be adopted in regard to the urgent problems
concerning the peace of the world and the advancement
of its peoples ;
4. AppeaJ,s to all Member States to use their utmost
endeavours to these ends.
17 October 1960.

1503 (XV). Report of the International Atomic
Energy Agency
The GeneraJ, Assembly
Takes note of the report of the International Atomic
81 Ibid., document A/4514.
82 Ibid., document A/4512.
as Ibid., document A/4533.
U Ibid., document A/4527.
1111Ann-ual report of the Board of Go_vernors to the General
Confermce, 1 July 1959-30 June 1960, Vienna, July 1960 (A/
4531 and Corr.I and Add.l).
Energy Agency to the General Assembly for the year
1959-1960.35
12 December 1960.
1513 (XV). Report of the Security Council
The General, Assembly
Yalies note of the report of the Security Council to
the General Assembly covering the period from 16 July
1959 to 15 July 1960.36
12 December 1960.
1514 (XV). Declaration on the granting of
independence to colonial countries and
peoples

The General, Assembly,
Mindful of the determination proclaimed by the peo-
ples of the world in the Charter of the United Nations
to reaffirm faith in fundamental human rights, in the
dignity and worth of the human person, in the equal
rights of men and women and of nations large and small
and to promote social progress and better standards of
life in larger freedom,
Conscious of the need for the creation of conditions
of stability and well-being and peaceful and friendly
relations based on respect for the principles of equal
rights and self-determination of all peoples, and of
universal respect for, and observance of, human rights
and fundamental freedoms for all without distinction
as to race, sex, language or religion,
Recognizing the passionate yearning for freedom in
all dependent peoples and the decisive role of such peo-
ples in the attainment of their independence,
Aware of the increasing conflicts resulting from the
denial of or impediments in the way of the freedom of
such peoples, which constitute a serious threat to world
peace,
Considering the important role of the United Nations
in assisting the movement for independence in Trust
and Non-Self-Governing Territories,
Recognizing that the peoples of the world ardently
desire the end of colonialism in all its manifestations,
Convinced that the continued existence of colonialism
prevents the development of international economic co-

operation, impedes the social, cultural and economic
development of dependent peoples and militates against
the United Nations ideal of universal peace,
Affirming that peoples may, for their own ends, freely
dispose of their natural wealth and resources without
prejudice to any. obligations arising out of international
economic co-operation, based upon the principle of
mutual benefit, and international law,
Believing that the process of liberation is irresistible
and irreversible and that, in order to avoid. serious crises,
an end must be put to colonialism and all practices of
segregation and discrimination associated therewith,
Welcoming the emergence in recent years of a large
number of dependent territories into freedom and inde-
pendence, and recognizing the increasingly powerful
trends towards freedom in such territories which have
not yet attained independence,
~ Official Records of the Gmernl As.mnbly, Fifteenth Session,
Supplement No. 2 (A/4494).
https://1959-1960.35
67 Reeolutio1111 adopted without reference to a Committee
Convinced that all peoples have an inalienable right
to complete freedom, the exercise of their sovereignty
and the integrity of their national territory,
Solemnly proclaims the necessity of bringing to a
speedy and unconditional end colonialism in all its forms
and manifestations ;

And to this end
Declares that:
1. The subjection of peoples to alien subjugation,
domination and exploitation constitutes a denial of
fundamental human rights, is contrary to the Charter
of the United Nations and is an impediment to the
promotion of world peace and co-operation.
2. All peoples have the right to self-determination;
by virtue of that right they freely determine their
political statt1s and freely pursue their economic, social
and cultural development.
3. Inadequacy of political, economic, social or edu-
cational preparedness should never serve as a pretext
for delaying independence.
4. All armed action or repressive measures of all
kinds directed against dependent peoples shall cease
in order to enable them to exercise peacefully and
freely their right to complete independence, and the
integrity of their national territory shall be respected.
5. Immediate steps shall be taken, in Trust and
Non-Self-Governing Territories or all other terri-
tories which have not yet attained independence, to
transfer all powers to the peoples of those territories,
without any conditions or reservations, in accordance
,with their freely expressed will and desire, without
*
any distinction as to race, creed or colour, in order to
enable them to enjoy complete independence and

freedom.
6. Any attempt aimed at the partial or total dis-
ruption of the national unity and the territorial in-
tegrity of a country is incompatible with the purposes
and principles of the Charter of the United Nations.
7. All States shall observe faithfully and strictly
the provisions of the Charter of the United Nations,
the Universal Declaration of Human Rights and the
present Declaration on the basis of equality, non-
interference in the internal affairs of all States, and
respect for the sovereign rights of all peoples and
their territorial integrity.
14 December 1960.
1592 (XV). The situation in the Republic of the
Congo
The General Assembly,
H<Wing considered the item entitled "The situation
in the Republic of the Congo",
Noting that the previous resolutions of the Security
Council and the General Assembly on this subject are
still in effect,
Decides to keep this item on the agenda of its resumed
fifteenth session.
20 December 1960.

*
*
Note
Appointment of the Peace Observation Commission
(item 18)
At its 960th plenary meeting on 20 December 1960, the General
Assembly
decided to reappoint, for the calendar years 1961 and 1%2, the
present members
of the Peace Observation Commission. The Commission is
therefore composed as
follows: CHINA, CzEcHOSLOVAKIA,FRANCE, HONDURAS,
INDIA, IRAQ, ISRAEL,
NEWZEALAND, PAKISTAN, SWEDEN, UNION OF SovIET
SocIALIST REPUBLICS,
UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN
IRELAND, UNITED STATES
OF AMERICA and URUGUAY.
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United Nations Universal Declaration of
Human Rights 1948
United Nations (UN)
copy @ lexmercatoria.org
http://lexmercatoria.org
Copyright © 1949 United Nations (UN)
SiSU lexmercatoria.org ii
http://www.sisudoc.org/
Contents
Contents
Universal Declaration of Human Rights 1
United Nations 1
Note . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Preamble . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Article 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Article 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Article 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Article 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Article 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

Article 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Article 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Article 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Article 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Article 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Article 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Article 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Article 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Article 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Article 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Article 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Article 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Article 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Article 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Article 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Article 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Article 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Article 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Article 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Article 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Article 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Article 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Article 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Article 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Article 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Metadata 8
SiSU Metadata, document information . . . . . . . . . . . . . . . . . . .
. . . 8
SiSU lexmercatoria.org iii

United Nations Universal Declaration of Human Rights 1948
Universal Declaration of Human Rights 1
United Nations 2
Note
Adopted and proclaimed by General Assembly resolution 217 A
(III) of 10 December
1948
On December 10, 1948 the General Assembly of the United
Nations adopted and pro-
claimed the Universal Declaration of Human Rights the full text
of which appears in
the following pages. Following this historic act the Assembly
called upon all Member
countries to publicize the text of the Declaration and “to cause
it to be disseminated,
displayed, read and expounded principally in schools and other
educational institutions,
without distinction based on the political status of countries or
territories.
Preamble 3
Whereas recognition of the inherent dignity and of the equal
and inalienable rights of 4
all members of the human family is the foundation of freedom,
justice and peace in the
world,
Whereas disregard and contempt for human rights have resulted
in barbarous acts 5
which have outraged the conscience of mankind, and the advent
of a world in which

human beings shall enjoy freedom of speech and belief and
freedom from fear and
want has been proclaimed as the highest aspiration of the
common people.
Whereas it is essential, if man is not to be compelled to have
recourse, as a last resort, 6
to rebellion against tyranny and oppression, that human rights
should be protected by
the rule of law,
Whereas it is essential to promote the development of friendly
relations between na- 7
tions,
Whereas the peoples of the United Nations have in the Charter
reaffirmed their faith 8
in fundamental human rights, in the dignity and worth of the
human person and in the
equal rights of men and women and have determined to promote
social progress and
better standards of life in larger freedom,
Whereas Member States have pledged themselves to achieve, in
co-operation with the 9
United Nations, the promotion of universal respect for and
observance of human rights
and fundamental freedoms,
Whereas a common understanding of these rights and freedoms
is of the greatest im- 10
portance for the full realization of this pledge,
Now, Therefore THE GENERAL ASSEMBLY proclaims THIS
UNIVERSAL DECLARA- 11
TION OF HUMAN RIGHTS as a common standard of

achievement for all peoples and
SiSU lexmercatoria.org 1
all nations, to the end that every individual and every organ of
society, keeping this Dec-
laration constantly in mind, shall strive by teaching and
education to promote respect
for these rights and freedoms and by progressive measures,
national and international,
to secure their universal and effective recognition and
observance, both among the
peoples of Member States themselves and among the peoples of
territories under their
jurisdiction.
Article 1 12
All human beings are born free and equal in dignity and
rights.They are endowed 13
with reason and conscience and should act towards one another
in a spirit of broth-
erhood.
Article 2 14
Everyone is entitled to all the rights and freedoms set forth in
this Declaration, without 15
distinction of any kind, such as race, colour, sex, language,
religion, political or other

opinion, national or social origin, property, birth or other status.
Furthermore, no dis-
tinction shall be made on the basis of the political,
jurisdictional or international status
of the country or territory to which a person belongs, whether it
be independent, trust,
non-self-governing or under any other limitation of sovereignty.
Article 3 16
Everyone has the right to life, liberty and security of person. 17
Article 4 18
No one shall be held in slavery or servitude; slavery and the
slave trade shall be pro- 19
hibited in all their forms.
Article 5 20
No one shall be subjected to torture or to cruel, inhuman or
degrading treatment or 21
punishment.
Article 6 22
Everyone has the right to recognition everywhere as a person
before the law. 23

Article 7 24
All are equal before the law and are entitled without any
discrimination to equal protec- 25
tion of the law. All are entitled to equal protection against any
discrimination in violation
of this Declaration and against any incitement to such
discrimination.
Article 8 26
Everyone has the right to an effective remedy by the competent
national tribunals for 27
acts violating the fundamental rights granted him by the
constitution or by law.
Article 9 28
No one shall be subjected to arbitrary arrest, detention or exile.
29
Article 10 30
Everyone is entitled in full equality to a fair and public hearing
by an independent and 31
impartial tribunal, in the determination of his rights and
obligations and of any criminal
charge against him.
Article 11 32
1. Everyone charged with a penal offence has the right to be
presumed innocent until 33
proved guilty according to law in a public trial at which he has
had all the guarantees

necessary for his defence.
2. No one shall be held guilty of any penal offence on account
of any act or omission 34
which did not constitute a penal offence, under national or
international law, at the time
when it was committed. Nor shall a heavier penalty be imposed
than the one that was
applicable at the time the penal offence was committed.
Article 12 35
No one shall be subjected to arbitrary interference with his
privacy, family, home or 36
correspondence, nor to attacks upon his honour and reputation.
Everyone has the
right to the protection of the law against such interference or
attacks.
Article 13 37
1. Everyone has the right to freedom of movement and residence
within the borders of 38
each state.
2. Everyone has the right to leave any country, including his
own, and to return to his 39
country.

Article 14 40
1. Everyone has the right to seek and to enjoy in other countries
asylum from persecu- 41
tion.
2. This right may not be invoked in the case of prosecutions
genuinely arising from 42
non-political crimes or from acts contrary to the purposes and
principles of the United
Nations.
Article 15 43
1. Everyone has the right to a nationality. 44
2. No one shall be arbitrarily deprived of his nationality nor
denied the right to change 45
his nationality.
Article 16 46
1. Men and women of full age, without any limitation due to
race, nationality or religion, 47
have the right to marry and to found a family. They are entitled
to equal rights as to
marriage, during marriage and at its dissolution.
2. Marriage shall be entered into only with the free and full
consent of the intending 48
spouses.
3. The family is the natural and fundamental group unit of
society and is entitled to 49
protection by society and the State.

Article 17 50
1. Everyone has the right to own property alone as well as in
association with oth- 51
ers.
2. No one shall be arbitrarily deprived of his property. 52
Article 18 53
Everyone has the right to freedom of thought, conscience and
religion; this right includes 54
freedom to change his religion or belief, and freedom, either
alone or in community with
others and in public or private, to manifest his religion or belief
in teaching, practice,
worship and observance.
Article 19 55
Everyone has the right to freedom of opinion and expression;
this right includes freedom 56
to hold opinions without interference and to seek, receive and
impart information and
ideas through any media and regardless of frontiers.
Article 20 57

1. Everyone has the right to freedom of peaceful assembly and
association. 58
2. No one may be compelled to belong to an association. 59
Article 21 60
1. Everyone has the right to take part in the government of his
country, directly or 61
through freely chosen representatives.
2. Everyone has the right of equal access to public service in his
country. 62
3. The will of the people shall be the basis of the authority of
government; this will shall 63
be expressed in periodic and genuine elections which shall be
by universal and equal
suffrage and shall be held by secret vote or by equivalent free
voting procedures.
Article 22 64
Everyone, as a member of society, has the right to social
security and is entitled to 65
realization, through national effort and international co-
operation and in accordance
with the organization and resources of each State, of the
economic, social and cultural
rights indispensable for his dignity and the free development of
his personality.
Article 23 66
1. Everyone has the right to work, to free choice of

employment, to just and favourable 67
conditions of work and to protection against unemployment.
2. Everyone, without any discrimination, has the right to equal
pay for equal work. 68
3. Everyone who works has the right to just and favourable
remuneration ensuring 69
for himself and his family an existence worthy of human
dignity, and supplemented, if
necessary, by other means of social protection.
4. Everyone has the right to form and to join trade unions for
the protection of his 70
interests.
Article 24 71
Everyone has the right to rest and leisure, including reasonable
limitation of working 72
hours and periodic holidays with pay.
Article 25 73
1. Everyone has the right to a standard of living adequate for
the health and well- 74
being of himself and of his family, including food, clothing,

housing and medical care
and necessary social services, and the right to security in the
event of unemployment,
sickness, disability, widowhood, old age or other lack of
livelihood in circumstances
beyond his control.
2. Motherhood and childhood are entitled to special care and
assistance. All children, 75
whether born in or out of wedlock, shall enjoy the same social
protection.
Article 26 76
1. Everyone has the right to education. Education shall be free,
at least in the elemen- 77
tary and fundamental stages. Elementary education shall be
compulsory. Technical
and professional education shall be made generally available
and higher education
shall be equally accessible to all on the basis of merit.
2. Education shall be directed to the full development of the
human personality and 78
to the strengthening of respect for human rights and
fundamental freedoms. It shall
promote understanding, tolerance and friendship among all
nations, racial or religious
groups, and shall further the activities of the United Nations for
the maintenance of
peace.
3. Parents have a prior right to choose the kind of education that
shall be given to their 79
children.

Article 27 80
1. Everyone has the right freely to participate in the cultural life
of the community, to 81
enjoy the arts and to share in scientific advancement and its
benefits.
2. Everyone has the right to the protection of the moral and
material interests resulting 82
from any scientific, literary or artistic production of which he is
the author.
Article 28 83
Everyone is entitled to a social and international order in which
the rights and freedoms 84
set forth in this Declaration can be fully realized.
Article 29 85
1. Everyone has duties to the community in which alone the free
and full development 86
of his personality is possible.
2. In the exercise of his rights and freedoms, everyone shall be
subject only to such 87
limitations as are determined by law solely for the purpose of
securing due recognition
and respect for the rights and freedoms of others and of meeting
the just requirements
of morality, public order and the general welfare in a
democratic society.

3. These rights and freedoms may in no case be exercised
contrary to the purposes 88
and principles of the United Nations.
Article 30 89
Nothing in this Declaration may be interpreted as implying for
any State, group or person 90
any right to engage in any activity or to perform any act aimed
at the destruction of any
of the rights and freedoms set forth herein.
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INTERNATIONAL LAW FOR INTERNATIONAL RELATIONS
This page intentionally left blank
1
INTERNATIONAL LAW
FOR INTERNATIONAL
RELATIONS

Baş ak Çalı
3
Great Clarendon Street, Oxford ox2 6dp
Oxford University Press is a department of the University of
Oxford.
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© Oxford University Press 2010
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Database right Oxford University Press (maker)

First published 2010
All rights reserved. No part of this publication may be
reproduced,
stored in a retrieval system, or transmitted, in any form or by
any means,
without the prior permission in writing of Oxford University
Press,
or as expressly permitted by law, or under terms agreed with the
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reprographics rights organization. Enquiries concerning
reproduction
outside the scope of the above should be sent to the Rights
Department,
Oxford University Press, at the address above
You must not circulate this book in any other binding or cover
and you must impose the same condition on any acquirer
British Library Cataloguing in Publication Data
Data available
Library of Congress Cataloging in Publication Data
International law for international relations / Başak Çali.
p. cm.
ISBN 978-0-19-955842-1
1. International law. 2. International relations. I. Çali, Başak,
1974–
KZ3410.I5794 2010
341–dc22
2009042108

Typeset by MPS Limited, A Macmillan Company
Printed in Great Britain
on acid-free paper by
CPI Antony Rowe
ISBN 978–0–19–955842–1
1 3 5 7 9 10 8 6 4 2
Contents—Summary
Preface xvi
Guided tour of Learning Features xviii
Guided tour of the Online Resource Centre xx
Contributors xxii
Abbreviations xxv
List of boxes xxviii
List of tables xxxi
List of case studies xxxii
PART I STUDYING INTERNATIONAL LAW
1 International law and international relations: foundations
for interdisciplinary study 3

Başak Çalı
2 Perspectives on international law in international relations 25
Fiona B. Adamson and Chandra Lekha Sriram
3 Basic principles of international law: a historical perspective
46
Antony Anghie
4 Perspectives on international relations in international law 71
Başak Çalı
PART II IDENTIFYING INTERNATIONAL LAW
5 International treaties 99
Emmanuel Voyiakis
6 Customary international law 122
Jason Beckett
7 Non- governmental organizations and international law 141
Meghna Abraham
8 International courts and tribunals 165
Juan M. Amaya-Castro
vi Contents

PART III TOPIC S IN INTERNATIONAL LAW
9 States and international law: the problems of self-
determination,
secession, and recognition 191
Christopher J. Borgen
10 Use of force in international law 213
Nigel Rodley and Başak Çalı
11 International humanitarian law 234
Elizabeth Griffi n and Başak Çalı
12 International criminal law 258
Paola Gaeta
13 International human rights law 281
Başak Çalı
14 International law for environmental protection 306
David M. Ong
15 World trade and international law 330
Thomas Sebastian
16 Global social justice and international law 351
Saladin Meckled-Garcia

CONCLUSION
17 International law in international relations: what are
the prospects for the future? 379
Başak Çalı
Table of cases 395
Table of major multilateral international treaties and documents
397
Glossary 399
References 409
Index 421
Detailed contents
Preface xvi
Guided tour of Learning Features xviii
Guided tour of the Online Resource Centre xx
Contributors xxii
Abbreviations xxv
List of boxes xxviii
List of tables xxxi

List of case studies xxxii
PART I STUDYING INTERNATIONAL LAW
1 International law and international relations: foundations
for interdisciplinary study 3
Introduction 4
What is international law? 5
The relationship between international law and international
relations 7
Are international relations and international law two separate
disciplines? 7
How does the knowledge produced in international relations
and international law overlap, confl ict, and co-depend? 12
At what point and in what way does international law enter
into international relations research? 16
Why study international law? 20
Conclusion 23
2 Perspectives on international law in international relations 25
Introduction 26
Realism 27
Theory 27

Actors 28
Processes 29
Liberalism 30
Theory 30
Actors 32
Processes 33
viii Detailed contents
Institutionalism 34
Theory 34
Actors 34
Processes 36
Constructivism 37
Theory 37
Actors 38
Processes 39
Marxism, Feminism, and Critical Theory 41
Theory 41

Actors 42
Processes 42
Conclusion 43
3 Basic principles of international law: a historical perspective
46
Introduction 47
The subject matter of a history of international law 47
The birth of modern international law: the sixteenth century 50
The beginnings of Empire 50
The Peace of Westphalia and Westphalian sovereignty: 1648 52
The Congress of Vienna: international law from 1815–1914 54
The League of Nations: international law from 1919–1939 57
The United Nations: 1945 to the present 60
The end of the Cold War: international law from 1989 64
Conclusion 68
4 Perspectives on international relations in international law 71
Introduction 71
What is international law? 73
Positivism about international law 74

Natural law descriptions of international law 77
International law as a process 79
Critical legal studies and international law 80
The purpose of international law 82
The relevance of theories of international law in international
relations 86
The empirical relevance of international law 87
Detailed contents ix
The relevance of international law in the contemporary world 88
Conclusion 89
PART II IDENTIFYING INTERNATIONAL LAW
5 International treaties 99
Introduction 100
Why do states make treaties? 101
The relationship between treaties, customary international law,
and the concept of ius cogens 103
Is there a hierarchy of sources in international law? 103
The concept of ius cogens in the Vienna Convention

on the Law of the Treaties 104
The making of treaties 105
Negotiation 106
Representation and ‘full powers’ 107
Adoption, authentication, and expression of consent to be bound
107
Entry into force 108
Universality or integrity? Reservations to treaties 108
What are reservations? 110
Application, interpretation, and the position of third states 112
Third states 113
Temporal and territorial application of treaties 113
The interpretation of treaties 114
Amending a treaty 114
Ending international treaties 115
Invalidity 116
Termination and suspension 117
Settling disputes 118
Conclusion 119

6 Customary international law 122
Introduction 122
What rules govern the formation of CIL? The conduct- centred
model 124
The CIL approach to state behaviour: states as agents with legal
motivations 125
What are the material sources of CIL? 129
x Detailed contents
State actions 129
United Nations General Assembly Resolutions 130
Treaties and other texts 131
Identifying particular rules of CIL: the tipping point 132
CIL in the real world 134
The compatibility of CIL with ius cogens norms 135
(Why) do states comply with CIL? 136
Factors contributing to compliance with CIL: state identity
and systemic benefi ts 136
Conclusion 138

7 Non- governmental organizations and international law 141
Introduction: non- governmental organizations
in a terrain occupied by states 142
Motivations for NGO involvement in international law 143
Overcoming domestic politics or barriers 144
Economies of scale 145
Better forum for negotiations 145
Opportunities to gradually increase the scope or level of the
commitment 145
Enhancing the legitimacy of NGOs 145
Mechanisms for international enforcement 146
NGOs and sources of international law 146
NGO participation in intergovernmental organizations and
processes 149
The role of NGOs in the development of international law 151
Initiating new standards 151
NGO participation in negotiations, drafting, and entry into force
of treaties 154
How can we explain NGOs’ ability to infl uence the process?
156
The role of NGOs in the enforcement of international law 157

Publicize non-compliance 158
Clarifi cation of what is non-compliance 158
Lobby for action in response to non-compliance 159
Evaluating NGO involvement in the development of
international law 159
Redressing a democratic defi cit? 159
How do we gauge how effective NGOs have been? 161
Conclusion 161
Detailed contents xi
8 International courts and tribunals 165
Introduction: international courts in contemporary life 166
What are international courts? 166
Types of international courts 167
How international courts are formed 171
Who can bring a case to an international court? 171
What is the effect of international judicial decisions? 176
What are the functions of international courts? 178
Dispute settlement 178

Enforcing international law 179
Identifying and developing international law 180
When are international courts successful? 182
The future of international courts and tribunals 183
Conclusion 184
PART III TOPIC S IN INTERNATIONAL LAW
9 States and international law: the problems of self-
determination,
secession, and recognition 191
Introduction 192
International law and statehood 193
Statehood and sovereignty 193
What is the recognition of statehood? 195
International law of self-determination 197
Self- determination: from political rhetoric to legal right 197
Applying self- determination to international relations: who or
what has
a right of self-determination? 199
Applying self- determination to international relations:
the territorial integrity of states 200

The problem of secession in international law and international
relations 200
The majority view: no right of secession 201
The reply: the ‘extreme cases’ argument 203
Secession and state practice 204
Recognition and secession 205
Conclusion 207
xii Detailed contents
10 Use of force in international law 213
Introduction 213
The general framework on the use of force in international law
215
Self-defence 217
When can states resort to the right of self-defence? 218
What circumstances justify self-defence? 219
The conduct question 220
The use of force, self- defence, and non- state actors 221
Unilateral humanitarian intervention? 222

The collective security system under the United Nations Charter
224
The power of international law on the use of force: rhetoric or
controlling? 228
Conclusion 231
11 International humanitarian law 234
Introduction 234
What is international humanitarian law and how is it made? 236
IHL treaties 238
Customary IHL 239
The nature of international humanitarian law 240
IHL and actor-centricism 240
International and internal armed confl icts 241
IHL and the International Committee of the Red Cross (ICRC)
242
Purposes of international humanitarian law and its basic
principles 242
Compliance with international humanitarian law 249
Motivations of states and IHL: why do states agree to rules
that govern armed confl ict? 249
Indicators of compliance 251

Non- compliance and accountability 252
Non- state actors and compliance with international
humanitarian law 253
Conclusion 254
12 International criminal law 258
Introduction 258
The birth and evolution of international criminal law 260
The fi rst phase: the Nuremberg and Tokyo Tribunals 260
The second phase: the adoption of treaties for the repression
of international crimes by states 262
Detailed contents xiii
The turning point: the establishment of international criminal
courts 263
The core crimes and the rationale behind their international
criminalization 265
War crimes 265
Crimes against humanity and genocide 267
The reasons for the different path of the international
criminalization
of war crimes with respect to crimes against humanity and

genocide 270
The enforcement of international criminal law at
the international level 271
The ad hoc criminal tribunals and the ICC: an overview 271
The United Nations Security Council and the International
Criminal Court 272
The pros and cons of international criminal proceedings 274
The relationship between international criminal courts
and national courts: primacy versus complementarity 275
Conclusion 278
13 International human rights law 281
Introduction 282
What makes up international human rights law and where do we
fi nd it? 282
The origins of international human rights law 284
International human rights law institutions 287
The relevance of international human rights law in international
relations 290
IHRL and intervention in the internal affairs of other states 291
IHRL and state sovereignty 293
Compliance with international human rights law 298

New international actors and international human rights law 300
Conclusion 302
14 International law for environmental protection 306
Introduction 307
International treaties for environmental protection 308
International environmental principles and the sustainable
development paradigm 310
The integration principle 311
The preventive and precautionary principles 312
The polluter pays principle 313
The principle of environmental impact assessment (EIA) 314
xiv Detailed contents
The principles of access to environmental information,
public participation in the environmental decision- making
process,
and access to environmental justice 315
Status of environmental principles in international law 317
Environmental treaty non- compliance mechanisms 319
Non- state actors and environmental protection 321

Self- regulation by TNCs in the fi eld of environment:
the Equator Principles 323
A mixed regime for international environmental law? 324
Conclusion 326
15 World trade and international law 330
Introduction 331
The rationale for trade treaties 331
Types of trade treaties 334
The WTO: negotiating forum and monitoring institution 336
Facilitating bargains 337
Monitoring compliance 337
Basic disciplines: limiting protectionism 340
Limits on the forms of protection 340
Non-discrimination 341
Advanced disciplines: constraints on regulatory freedom 343
Loopholes and exceptions 345
Criticisms of the WTO: a biased forum? 347
Conclusion 348

16 Global social justice and international law 351
Introduction 352
What kinds of problems does social justice address? 352
What is justice and where does it apply? 355
Does international law have the right profi le
for social justice to apply to it? 358
Can international law be used to advance the cause of social
justice? 368
What standards of justice are applicable to international affairs?
372
Conclusion 373
Detailed contents xv
CONCLUSION
17 International law in international relations: what are
the prospects for the future? 379
Introduction 380
The political (in)stability of international law 381
The international law respecting state: an idealist category? 383
Institution- building for international law 385

The creation of international organizations, courts, tribunals,
and expert bodies 385
Domestic courts and international law 386
The breadth of international law 388
Complexity and differentiation in international law regimes 389
Non- state actors and international law 390
Non- state actors as potential law-makers? 390
Non- state actors as subjects of regulation 391
Non- state actors as threats to international law 392
Conclusion 393
Table of cases 395
Table of major multilateral international treaties and documents
397
Glossary 399
References 409
Index 421
Preface
International law has become a key element of any politics and
international rela-

tions degree. The existing range of international law textbooks
for the student of
law, while excellent, is inadequate for the student of
international relations who
has no prior legal background and comes to the fi eld with more
knowledge and
understanding of how states behave rather than what rules
regulate state behaviour.
The breadth of international law and institutions in
contemporary global politics
means that it is no longer possible to make sense of
international politics without
understanding international law and the complex regulatory
frameworks that exist
in international relations. This textbook gives the student that
understanding for
use in the real world or in further academic study.
This textbook provides the international relations student with
what he or she
needs to understand about internatio nal law in three ways. It
maps out the different
ways to approach the study of international law, explains the
main sources of inter-
national law- making, and identifi es the key topics of
international law. Throughout,
the book balances the technical, legal knowledge necessary to
understand the
nuances of international law with the broader political processes
that shape both
the content and effectiveness of international law. The
intricacies of international
law are presented accessibly to animate both the learning of
international law and
its evaluation. With this approach, International Law for
International Relations

aims to introduce the student to the international law
perspective of international
relations and how this perspective differs from other approaches
in international
relations.
This book has been lucky to have benefi ted from submissions
from an excep-
tional group of academics and practitioners in the fi elds of
international relations. For their hard work and effort I thank
them. Every author
is an expert in his or her fi eld and has either experience
teaching international law
to politics students or using international law in real - world
political situations. The
contributors have made the subject matter accessible and have
refl ected carefully
on the bearing international law has on the international issues
it addresses. This
means that the book draws a very rich and diverse picture of
enables the student to see the different patterns of interaction
between law and
politics in each topic.
Finally, thanks have to be given to Sabina Appelt. Everything
the contribu-
tors wrote was reviewed by Sabina and what started out as a
student perspective
soon turned into full- blown editing. It is a credit to Sabina that
every chapter has
Preface xvii

substantively improved throughout the editorial process. Her
speed, hard work,
and sense of humour kept the process on track. I would also like
to thank Elizabeth
Griffin and the editors at OUP for their help and support and, of
course, Sam for
casting a layman’s eye over the text and making the coffee.
Başak Çalı
xviii Running heading
Guided Tour of Learning Features
This book is enriched with a range of learning tools to help you
navigate the text and
reinforce your knowledge of International Law. This guided
tour shows you how to
get the most out of your textbook package.
Chapter Overviews
Brief overviews at the beginning of every
chapter set the scene for upcoming themes
and issues to be discussed, and indicate the
scope of coverage within each chapter.
Boxes, Tables and Case Studies
Throughout the book boxes, tables,
and case studies provide you with extra
information on particular topics that
complement your understanding of the

main chapter text.
Glossary Terms
Key terms appear in bold in the text and
are defi ned in a glossary at the end of the
book to aid you in exam revision.
Running heading xix
Questions
A set of carefully devised questions has
been provided to help you assess your
understanding of core themes, and may
also be used as the basis of seminar
discussion or coursework.
Further Reading
Reading lists have been provided as a
guide to fi nding out more about the issues
raised within each chapter and to help
you locate the key academic literature
in the fi eld.
Important Websites
At the end most chapters you will
fi nd an annotated summary of useful
websites, which will be instrumental
in further research.
Guided Tour of Learning Features xix

xx Running heading
Guided Tour of the
Online Resource Centre
www.oxfordtextbooks.co.uk/orc/cali/
The Online Resource Centre that accompanies this book
provides students and
instructors with ready-to-use teaching and learning materials.
These resources are
free of charge and designed to maximize the learning
experience.
FOR STUDENTS:
Flashcard Glossary
A series of interactive fl ashcards
containing key terms and concepts have
been provided to test your understanding
of the terminology of International Law.
www.oxfordtextbooks.co.uk/orc/cali/
Running heading xxi
Problem-solving Questions
For each International Law topic a problem-
question is posed, together with a list of key
considerations and a guide to sources of

information to help you go about solving it.
Revision Tips
A checklist of the key points from each
chapter is provided to help you to focus
your revision.
Web Links
A series of annotated web links have been
provided to point you in the direction of
different theoretical debates, important
treaties, working papers, articles and other
relevant sources of information.
FOR INSTRUCTORS:
PowerPoint Presentations
These complement each chapter of the book
and are a useful resource for preparing
lectures and handouts. They allow lecturers
to guide students through the key concepts
and can be fully customized to meet the
needs of the course.
Guided Tour of the Online Resource Centre xxi
Meghna Abraham is the Head of the Economic, Social and
Cultural Rights Team at
the International Secretariat of Amnesty International. She has
previously worked
with a number of NGOs and academic centres in India,

Switzerland, and the
United Kingdom.
Fiona B. Adamson is a Senior Lecturer (Associate Professor ) of
International
Relations in the Department of Politics and International
Studies at SOAS, University
of London. Her work has appeared in International Security,
European Journal
of International Relations, International Studies Review,
Cambridge Review of
International Affairs, and a number of edited volumes.
Juan M. Amaya-Castro is Assistant Professor and Academic
Head of the Depart-
ment of International Law and Human Rights at the United
Nations Mandated
University for Peace in Costa Rica.
Antony Anghie is the Samuel D. Thurman Professor of
International Law at the
S.J. Quinney School of Law, University of Utah. He is the
author of Imperialism,
Sovereignty and the Making of International Law (2005).
Jason Beckett is a Lecturer in the Law School of the University
of Leicester, where
he teaches and researches in the fi elds of legal method, legal
theory, political
theory, critical theory, and Public International Law. His work
has appeared in
the European Journal of International Law, German Law
Journal, and a number
of edited volumes.
Christopher J. Borgen is Associate Dean for International

Studies and Professor of
Law at St. John’s University School of Law in New York City.
He is the principle
author of Thawing a Frozen Confl ict: Legal Aspects of the
Separatist Crisis in
Moldova, a report issued by the Special Committee on European
Affairs of the
New York City Bar, and he is the co- founder of Opinio Juris, a
website devoted to
debate and discussion on issues of international law and
politics.
Başak Çalı is Lecturer of International Law and Human Rights
at the Department
of Political Science, University College London. Her work has
appeared in the
Human Rights Quarterly, European Journal of International
Law, and a number
of edited volumes.
Contributors
Contributors xxiii
Paola Gaeta is Professor in International Law at Florence
University, Professor of
International Criminal Law at the Law Faculty of the University
of Geneva and the
Director of the LLM Programme of the Geneva Academy of
International Humani-
tarian Law and Human Rights. Her most recent book is The UN
Convention on
Genocide: a Commentary (ed.) (2009).

Elizabeth Griffi n is an academic and practitioner with a
specialization in interna-
tional humanitarian and human rights law applicable in confl ict
and post- confl ict
situations. She is Adjunct Professor, George Washington
University and Director
of the Human Rights Center, UN Mandated University for
Peace. Elizabeth serves
as a consultant to Amnesty International and the UN Offi ce for
the High Commis-
sioner for Human Rights. She has extensive fi eld experience
working for NGOs
and the UN in Kosovo, Afghanistan, Bosnia Herzegovina, and
Central America.
Saladin Meckled- Garcia is Lecturer in Human Rights and
Political Theory and
Director of the Human Rights Programme at the Department of
Political Science,
University College London. He has published a number of
works in the fi eld of political
philosophy, including works on justice theory, political
authority, and human rights.
David M. Ong is Reader in International and Environmental
Law at the Univer-
sity of Essex, Law School. His work has appeared in the
American Journal of
International Law, the European Journal of International Law,
the Irish Yearbook
of International Law, and the Yearbook of International
Environmental Law.
Sir Nigel Rodley KBE is Professor of Law and Chair of the
Human Rights Centre,
University of Essex. He is a Member (since 2001) and Vice-

Chair (2003–2004,
2009–2010) of the UN Human Rights Committee and was UN
Commission on
Human Rights Special Rapporteur on Torture (1993–2001).
Several of his articles
and book chapters have dealt with aspects of the use of force in
international law.
He is the author of The Treatment of Prisoners in International
Law (1999).
Thomas Sebastian is Counsel at the Advisory Centre on WTO
Law in Geneva. In that
capacity he represents developing and least developed countries
in proceedings before
the WTO dispute settlement system and provides advice on
issues of WTO law.
Chandra Lekha Sriram is Professor of Human Rights and
Director of the Centre
on Human Rights in Confl ict at the University of East London
School of Law.
Her most recent book is Peace as Governance: Power- sharing,
Armed Groups, and
Contemporary Peace Negotiations (2008).
xxiv Contributors
Emmanuel Voyiakis is a Lecturer at Brunel Law School, UK.
His research focuses
on the theory and sources of international law and the theory of
private law.
His work has appeared in International and Comparative Law
Quarterly, and in
a number of edited volumes.

AI Amnesty International
ASEAN Association of South East Asian Nations
BYBIL British Year Book of International Law
CACJ Central American Court of Justice
CAN Computer Network Attack
CEDAW Committee on the Elimination of Discrimination
against Women
CERCLA Comprehensive Environmental Response,
Compensation and Liability Act
CIL Customary International Law
CLS Critical Legal Studies
CoE Council of Europe
CSCE Conference for Security and Cooperation in Europe
ECE Economic Commission for Europe
ECJ European Court of Justice
ECOSOC Economic and Social Council
ECOWAS Economic Community of West African States
EEZ Exclusive Economic Zones

EFTA European Free Trade Association
EHS Environmental, Health and Safety
EIA Environmental Impact Assessment
EU European Union
GATS General Agreement on Trade in Services
GATT General Agreement on Tariffs and Trade
HGA Host Government Agreement
ICC International Criminal Court
ICCPR International Covenant on Civil and Political Rights
ICESCR International Covenant on Economic, Social and
Cultural Rights
ICJ International Court of Justice
ICRC International Committee of the Red Cross
ICTR International Criminal Tribunal for Rwanda
ICTY International Criminal Tribunal for the Former
Yugoslavia
IFC International Finance Corporation
IGO Inter- Governmental Organizations
IHL International Humanitarian Law

Abbreviations
xxvi Abbreviations
IHRL International Human Rights Law
IL International Law
IMF International Monetary Fund
IMO International Maritime Organization
IMT International Military Tribunal at Nuremberg
IO International Organization
IR International Relations
ITLOS International Tribunal for the Law of the Sea
MAI Multilateral Agreement on Investment
MEA Multilateral Environmental Agreement
MFN Most- Favoured Nation
NATO North Atlantic Treaty Organization
NGO Non- Governmental Organization
NPT Nuclear Non- Proliferation Treaty
OAS Organization of American States

ONUB United Nations Operation in Burundi
OSCE Organization for Security and Cooperation in Europe
PCIL Permanent Court of International Justice
PIL Public International Law
PKK Parti Karkerani Kurdistan (Kurdistan Workers’ Party)
PLO Palestinian Liberation Organization
PMC Private Military Company
SACU South African Customs Union
SC Security Council
SCM Agreement Agreement on Subsidies and Countervailing
Measures
SEA Strategic Environmental Assessment
SPS Agreement Sanitary and Phytosanitary Agreement
TBT Agreement Technical Barriers to Trade Agreement
TIA Transnational Investment Agreement
TMR Transnistrian Moldovan Republic
TNC Transnational Corporation
TRIPS Trade- Related Aspects of Intellectual Property Rights

TRNC Turkish Republic of Northern Cyprus
TWAIL Third World Approaches to International Law
UDHR Universal Declaration of Human Rights
UKMIL United Kingdom Materials in International Law
UN United Nations
Abbreviations xxvii
UNCHE United Nations Convention on the Human Environment
UNCLOS United Nations Convention on the Law of the Sea
UNDP United Nations Development Programme
UNEF United Nations Emergency Force
UNGA United Nations General Assembly
UNMIK United Nations Mission in Kosovo
USSR Union of Soviet Socialist Republics
VCLT Vienna Convention on the Law of Treaties
WCED World Commission on Environment and Development
WTO World Trade Organization
WWI World War One

WWII World War Two
1.1 The cynic and international law 4
1.2 Areas of contemporary international law 6
2.1 The democratic peace thesis 31
2.2 Game theory and international cooperation 35
2.3 Relative versus absolute gains 35
3.1 Critical approaches to international legal history 49
3.2 Religion and law 51
3.3 Pacta sunt servanda 52
3.4 ‘Westphalian sovereignty’ 53
3.5 Vattel and the development of ‘sovereignty’ 54
3.6 International law and the subordination of non- European
peoples: the Berlin Conference 56
3.7 Collective security 58
3.8 UN institutional structure 60
5.1 What is a ‘treaty’? 100
5.2 Where do we fi nd the law of treaties? 102
5.3 Pinochet and the interpretive function of ius cogens 105

5.4 The stages of treaty-making 106
5.5 What is a ‘reservation’? 109
5.6 Convention on the Law of the Sea: high integrity
versus low ratifi cation 110
5.7 Point of discussion: assessing the VCLT regime on
reservations 112
6.1 What makes CIL popular despite theoretical controversy?
124
6.2 CIL and consent: the question of persistent objector 134
6.3 Discussion point: morality and CIL 135
7.1 Defi nitions of NGOs 143
7.2 The earliest NGO attempts to shape international law 143
7.3 Soft law instruments 147
7.4 NGOs as communicators of complex legal issues 154
8.1 International courts and tribunals 168
8.2 Arbitration 170
List of boxes
List of boxes xxix

8.3 Jurisdiction and admissibility 172
8.4 Reforming the European Court of Human Rights 174
8.5 What rules do international courts apply? 175
8.6 Judicial review of Security Council actions 179
8.7 The European Court of Justice and the uniformity of EU law
181
9.1 Recognition of governments 195
9.2 Secession versus succession 196
9.3 Secession versus dissolution 201
9.4 Unsuccessful attempted secessions since 1945 (a partial list)
205
10.1 How many times has the ban on the use of force been
violated? 216
10.2 Self- defence, terrorist attacks, armed attacks 222
10.3 Kosovo: unilateral humanitarian intervention
and the mitigating circumstances argument 224
10.4 Responsibility to protect 228
11.1 War and armed confl ict: what is in a name? 236
11.2 What does IHL regulate? 237
11.3 Major IHL treaties 238

11.4 Primary rules applicable in international
and non- international armed confl icts 241
11.5 IHL basic principles: military necessity 243
11.6 IHL basic principles: protection of humanity and the
prohibition
of superfl uous injury and unnecessary suffering 244
11.7 Common Article 3 to the four Geneva Conventions 245
11.8 IHL basic principles: the principle of distinction
and proportionality 246
11.9 Collateral damage 247
11.10 Indicators for compliance with IHL 251
12.1 International crimes versus transnational crimes 260
12.2 The Nuremberg and Tokyo military tribunals and trials 261
12.3 Defi nition and classes of war crimes 266
12.4 Defi nition of crimes against humanity 268
12.5 Defi nition of genocide 269
12.6 International political support for the ICC 272
12.7 Universal jurisdiction 277
13.1 What is IHRL? 282

xxx List of boxes
13.2 Core international human rights treaties and monitoring
bodies 283
13.3 Regional human rights treaties and implementation
mechanisms 285
13.4 Human rights institutions created by the United Nations
286
13.5 Procedural requirements for derogation and non-
derogable
human rights provisions under the ICCPR 294
13.6 Human rights cases 295
13.7 IHRL constraints on domestic economic, social,
and cultural policy 296
14.1 Integration principle 311
14.2 Preventive and precautionary principle 312
14.3 International treaties and negotiations on climate change
312
14.4 Polluter pays principle 313
14.5 Environmental impact assessment 314
14.6 Environmental information 315
14.7 Soft law or custom? 317
14.8 The Aarhus Convention non- compliance procedure: a

model
for future environmental protection? 321
15.1 Examples of the use of policy instruments to protect
domestic economies 333
15.2 A puzzle for economists 334
15.3 The structure of WTO Agreements 338
16.1 Theories of social justice 353
16.2 Cosmopolitanism and alternatives 354
16.3 Types of jurisdiction 360
17.1 Imagining new forms of cooperation 386
1.1 Approach, methodology, discipline 9
1.2 Interdisciplinary engagement 10
1.3 Disciplinary differences 10
1.4 Disciplinary convergences 11
1.5 The knowledge production chart 16
1.6 Description and evaluation of single events 17
1.7 Common concerns 19
3.1 Timeline 68

4.1 Positivist descriptions of international law 77
4.2 Description of international law 81
4.3 Framework theories and outcome- oriented theories 82
5.1 Types of international treaties 102
10.1 The use of force framework in the United Nations Charter
215
10.2 Proponents and opponents of humanitarian intervention
223
10.3 The UN Charter and the proliferation
of the collective security system 227
14.1 Types of international environmental treaties 308
14.2 Non- state actors and environmental protection 321
16.1 International cooperation and social justice 367
List of tables
6.1 Nuclear weapons through a CIL lens 127
7.1 Standard setting: Amnesty International
and the Convention against Torture 152
9.1 Kosovo 207
9.2 South Ossetia 209

11.1 Internal confl icts and international responses 255
13.1 IHRL and advocacy 303
15.1 The US Shrimp case 346
List of case studies
PART I
STUDYING INTERNATIONAL
LAW
This part of the book provides you with theoretical perspectives
on and about inter-
national law and locates international law within the broader
world historical con-
text. There are three main aims: fi rst, we want you to think
about the relationship
between international relations and international law as two fi
elds of inquiry in
order to assess similarities and differences between adopting an
international rela-
tions approach and an international law approach to any topic.
Our second aim
is to systematically go through international relations theories
in order to discuss
how they view the place of international law in international
relations. The third
aim is to locate international law and its institutional and
theoretical development
within larger processes of world history. We fi nally introduce
theories about inter-
national law itself and how international lawyers theorize the

complex relationship
between law, politics, and morality. The overview of theoretical
perspectives about
international law gives you grounding in the central concepts
used to study inter-
national law. It further shows that theoretical perspectives are
addressing different
types of inquiries towards the role and nature of international
law and enables you
to identify the different ways in which international law is
theorized.
This page intentionally left blank
Chapter 1
International law for
international relations:
foundations for
interdisciplinary study
Başak Çalı
CHAPTER CONTENTS
• Introduction
• What is international law?
• The relationship between international law and international
relations
• Why study international law?

• Conclusion
CHAPTER OVERVIEW
This chapter is about the relationship between international
relations and international law—
and aims to sketch out the most appropriate way to understand
this relationship. The two
disciplines are overlapping, but distinct, and this chapter will
discuss the ways in which they
converge and diverge in terms of disciplinary commitments and
the types of knowledge they
produce. The chapter will explain how international relations
and international law can be
interested in the same phenomena—sometimes for the same
reasons and sometimes for dif-
ferent reasons. The chapter will then show how international
law informs our understanding
of single events in international affairs as well as change and
continuity in the international
system. The chapter will conclude by providing six important
reasons to study international
law for students of international relations.

4 Part I Studying international law
Introduction
This textbook is intended primarily for the use of international
relations and politics
students. Its aim is to give an outline of the most important
questions in internation-
al law and the signifi cance of these questions for studying
international relations.
The textbook does not assume any background in law or
international law. The
book also does not pursue what may be termed a ‘purely legal
approach’. It aims
to ground the study of international law within broader
international political
concerns and theoretical frameworks. It pays attention to the
kinds of aims pursued
by or through international law in international relations. It
discusses the extent to
which some international laws are foundations of international
political interac-
tions. It asks whether international law is in need of reform to
meet the demands of
current and future international politics.
Debates about the roles, functions, and purposes of international
law in inter-
national relations are rich and complex. These debates require a
clear approach in
order to understand the relationship between international
relations and international
law. This introductory chapter aims to develop a methodology
for approaching the
relationship between these two disciplines and the focus of their
inquiry.

The fi rst question for a student of politics or international
relations who sets out
to study international law is ‘What is international law and why
study it?’ Students
Box 1.1 The cynic and international law
The cynic regards international law as the enterprise of the
naïve, the occupation of the
wishful thinker, or the realm of the fool who does not
understand international politics.
For the cynic, all international law does, is offer some intricate
language which politicians
use to get their own way. This view cannot be correct. The
cynic cannot account for
the continuing existence of international law as an idea and as a
practice. If everyone
knows that international law is merely a means of manipulation,
why was international
law not abandoned some hundred years ago? Why, after each of
the twentieth century’s
world wars, did we build institutions which have further
entrenched international law?
The problem with the cynic is that he or she grossly
underestimates the intelligence of
everyone who has worked for international institutions and
their cooperation. This is not
to say that international law is not used in a manipulative way
in everyday politics. How-
ever, the survival of the idea and practice of international law
after hundreds of years of
manipulation shows us that there is something more to it than
mere rhetoric. The real
disagreement about international law, therefore, must be about
how relevant it is in spe-

cifi c contexts and circumstances, not about whether it is
relevant at all.
International law for international relations: foundations for
interdisciplinary study 5
of international law, we can say, know what international law
is—it is the law that
regulates the relations between states—and study it because
they see an intrinsic
value in the subject. Students of politics and international
relations may fi nd this
defi nition and motivation naïve. Are the relations between
states really regulated?
Why study rules, which are disputed and not regularly
respected? So, a textbook on
international law has to motivate the very keen international
relations student as
well as the very cynical. It has to clarify what international law
is and the purpose
of studying it.
What is international law?
The textbook defi nition that international law is the law that
regulates relations
between states gives us two important aspects of a defi nition of
international
law, namely that it is concerned with interstate regulation and
that international
law is different from other types of law. Regulation is an
important general
characteristic of all law. Law is prescriptive and it commands
how all people

ought to act in their relations with others. It also enables us to
predict how
actors may behave towards us. However, this defi nition is
misleading in so far
as international law can regulate other forms of relationships
that states agree
to regulate.
International law is different from other law such as domestic
law and confl ict of
laws (or private international law). The former regulates
relationships between natu-
ral and legal persons within a single country and the law that is
applied is determined
by the legislation of that country. The latter regulates
relationships between natural
and legal persons that happen to be in more than one country,
such as relationships
between companies in two different countries or between
parents from two differ-
ent countries over the custody of children. In such cases, courts
have to decide the
law of which country should be applied. It is for this reason that
international law
is sometimes also called public international law. This is to
emphasize that its focus
is interstate relations and not relations between private entities
and domestic laws
of any country cannot tell us what international laws are.
Private entities, such as
companies or individuals, however, can be subjects of
international law. For example,
international aviation is governed by international law because
there are interna-
tional treaties between states about it. Similarly, individuals can
be prosecuted under

international criminal law or claim rights against states under
international human
rights law because there are interstate treaties that make these
possible. International
law, therefore, regulates more than just interstate relations. It
also regulates other
forms of relationships that states agree to regulate
internationally. International law
regulates the conduct of actors that make up contemporary
international society.
International society is primarily made up of states. It is also
made up of international
organizations and non- state actors—such as armed groups or
business enterprises
and individuals—but only in so far as their status, powers, and
responsibilities are
recognized by states through international law.
An essential element of the defi nition of international law,
therefore, is not its sub-
ject matter or the type of entities it regulates, but that it is law
that is made by states
collectively. No single state acting unilaterally can make
international law; neither
can a collection of corporations or individuals. In other words,
the authority to make
Box 1.2 Areas of contemporary international law
This list is not exhaustive, but gives us an idea about the
diversity of areas that

international law relates to:
Airspace
Development
Bio-diversity
Climate change
Conduct of armed confl icts
Diplomatic and consular relations
Extradition
Finance
Fisheries
Human rights
Indigenous rights
Intellectual property
International crimes
Minority rights
Natural resources
Outer space
Ozone layer
Postal matters
Peace and security
Science and security
Sea
Trade
Use of force
Weapons
international law rests with states acting together. International
organizations, indi-
viduals, and corporations can all become subjects of
international law and have lim-

ited powers and international personality recognized under
international law. They
can also help clarify what international law is by interpreting it
or they can appear in
international courts. But they cannot make international law.
This means that there
are no predetermined limits as to what areas international law
does or should regu-
late. This can only be determined through collective agreeme nt
amongst states.
The relationship between international
law and international relations
International relations is interested in much broader phenomena
than just the legal
regulation of international affairs. International relations is
interested in under-
standing how and why states and other actors on the
international plane behave in
the ways that they do, the nature of the international system,
and the role of inter-
national actors, processes and discourses (see Chapter 2).
International relations is
more interested in what does in fact happen under certain
conditions and how we
can explain interactions and behaviour in international relations
(although some
international scholars may also propose how international
relations should be con-
ducted and what international institutions we should have).
Given this difference in focus in approaching international
affairs, three prelimi-
nary questions are helpful to think about the relationship
between international law

and international relations.
These are:
1. Are international relations and international law two
separate disciplines
or are they different approaches within a single discipline?
2. How does the knowledge produced in international relations
and
international law overlap, confl ict, and co-depend?
3. At what point and in what way does international law enter
into
international relations research?
Are international relations and international law
two separate disciplines?
International relations and international law are tw o separate,
but overlapping dis-
ciplines. Disciplines are a collection of a number of ground
rules on how a subject
matter is identifi ed and there are invariably disagreements
among the members of
a discipline about what these ground rules are. How distinct the
two disciplines are,
therefore, depends on points of view within each discipline.
International law and international relations have common
concerns as well as

key differences. There is not, however, a straightforward answer
or defi nitive list of
differences and similarities. Students of both disciplines
disagree about the proper
boundaries between international law and international
relations. More accurately,
therefore, there are a number of lists (as we shall see in
Chapters 2 and 3).
Let’s start with the most basic similarity. International relations
and international
law are concerned with international phenomena. They share a
curiosity about how
we may identify international phenomena and how such
phenomena relate to or
affect domestic affairs and how domestic affairs inform
international phenomena.
Consider the following questions:
• How does a new state enter into the international system?
• What guides the behaviour of actors in the everyday life of
international
relations?
• Why do international organizations exist?
• Why have states created and signed up to international
treaties in virtually
every area of public policy?
• What is the signifi cance of one or a collection of powerful
states disregarding
some established rule of international law?
• What are the differences between the powers and capacities of

states and
non- state actors in international law?
These questions are all about international phenomena. They
focus on the signifi -
cance, the role, the added value, and the future of international
organizations, inter-
national cooperation and international regulation in
international relations. It is
easy to see why these questions are of interest to both
disciplines. International
relations seeks to understand and explain existing arrangements
and institutions
at the international level. It also aims to identify patterns or
generalizations about
behaviour in international relations. Normative branches of
international relations
aim to identify what duties, rights, and obligations states have
towards each other
and towards individuals or groups and what principles should
govern international
institutions and interactions. It is also necessary for
international law to understand
these because they raise important questions of appropriate
boundaries of interna-
tional regulation. That the two disciplines share an interest in
the same phenomena
does not necessarily mean, however, that the interest is shared
for the same reasons.
Nor does it mean that the two disciplines attempt to address the

phenomena in the
same way (Ku et al. 2001).
International relations and international law can differ or
overlap in their moti-
vations for asking the questions above. They can also go about
answering them
in different, or overlapping ways. International relations and
international law
can be interested in the same phenomena for different reasons.
They could also
be interested in the same phenomena for the same reasons. Each
of these reveals
a different type of disciplinary relationship. The more divergent
the reasons for
interest in international phenomena, the more separate the two
disciplines become.
Conversely, the more similar the questions about the same
phenomenon become,
the more the disciplines overlap. Whether the two disciplines
are distinct or not is
dependent on how the research questions are framed.
There are two central independent variables that determine the
nature of the
relationship between international relations and international
law.
1. Reasons motivating the asking of a question.
2. Reasons motivating the selection of procedures in order to
answer a question.
The former indicates differences in terms of approaches. The
latter indicates differ-
ences in methodology.

Differences in approach and methodology are key to
understanding how different
outcomes in terms of fi ndings, views, and opinions are
formulated with respect to
the same subject matter. Approaches and methodologies, in this
respect, are broader
concepts than the concept of discipline. There will be, however,
a core concentra-
tion of similar approaches and methodologies in every
discipline, which will give
the discipline its dominant colour. For example, realism
(Chapter 2) in international
relations and legal positivism (Chapter 4) in international law
have been regarded
as the most dominant approaches for a long time. International
relations and inter-
national law contain a number of approaches and
methodologies, which are dis-
cussed in greater detail in Chapters 2 and 4. Proponents of
different approaches
and methodologies in each discipline have strong disagreements
about how the
discipline should proceed to enhance its understanding of the
subject matter. That is
Approach Methodology Discipline
Ideas intended to deal with
a subject
Justifi cation of procedures
to answer a question within
a subject
A branch of knowledge that

hosts a number of approaches
and methodologies
Table 1.1 Approach, methodology, discipline
why it is equally possible to have strong alliances between the
disciplines of interna-
tional relations and international law as well as a complete lack
of interest in what
goes on in the neighbouring discipline.
We can now start to understand what interdisciplinary
disagreements are usually
about. They can be between: any approach in international
relations against another
approach in international law or any methodology in
international relations against
another methodology in international law. This also tells us that
it is not necessary
that the relationship between two disciplines will always be
about disagreements.
Provided that the approaches or the methodologies overlap, the
relationship can be
one of mutual interest in the same type of questions for the
same kind of reasons. For
example, students of international relations who study the
conditions of internation-
al cooperation may be thought as international lawyers in
disguise or vice versa.
What is the most dominant disciplinary characteristic of

and international law? From what we have said so far, it is clear
that not everyone
will agree on a particular answer to this question. We may still
fi nd a distinction
that most will agree on: international law is primarily interested
in the regulation of
international affairs. International relations is more interested in
understanding and
explaining them. The legal element has a more signifi cant
weight in international
law, while in international relations it is the political element
that takes centre stage.
International lawyers ask when we have international law.
International relations
scholars ask how international actors behave.
These dominant characteristics guide which questions are
viewed as worthy of
higher or priority interest. For the international lawyer, for
example, the central
question is: what are the rules and principles that govern
and how do we identify such rules? For the international
relations scholar, more
Table 1.3 Disciplinary differences
International relations International law
Understanding and explaining international affairs Regulation
of international affairs
Scenario 1 Scenario 2 Scenario 3
Two separate approaches, some
separate methodologies

Two separate approaches, but
a single methodology
Two similar approaches with
similar methodologies
Very different disciplines, hard to
have anything common
Different disciplines, some
common points
Full overlap between research
agendas
Table 1.2 Interdisciplinary engagement
important is: what makes states support a particular norm in
and how do we know when support for that norm erodes or
increases? We can
see that these questions tackle the same type of issues, but have
different concerns,
approaches, and methodologies in mind. This may not, however,
look as straightfor-
ward after further scrutiny. We can equally say that
international relations students
are interested in understanding international affairs and its
politics because they are
interested in how best to regulate it. They hope to propose

prescriptions based on
the general patterns of behaviour and structural generalizations.
Conversely, interna-
tional law cannot successfully regulate international affairs
without understanding
how a particular norm came to be accepted in the fi rst place.
Each discipline needs to
inform the other in order to be successful. This shows us that
international relations can ask the same questions for different
reasons.
In conclusion, it is possible to offer a qualifi ed answer to the
question of whether
international law and international relations are two separate
disciplines. Easy or
simplistic answers will not do. The answer has more to do with
identifying shared
attitudes to international affairs in each discipline.
Final verdict: separate or the same?
1. International relations and international law are concerned
with the same
kind of phenomena: relationships, processes, institutions, events
that take
place in the international sphere.
2. Whether they are two separate disciplines or not is sensitive
to the different
approaches and methodologies that are hosted in these
disciplines.
3. The two are not necessarily in fundamental confl ict with
each other in terms
of positions they hold about international affairs. They may or

may not be in
confl ict.
4. They are dependent on each other given that understanding
or explaining
international affairs may take its cue from the very regulation of
these affairs
and vice versa.
International relations International law
Understanding and explaining
international affairs with the aim of its
better regulation
Regulation of international affairs based on a grounded
understanding of current international affairs
Table 1.4 Disciplinary convergences
5. If there is an overlap in the approaches and methodologies, it
is not possible
to differentiate between the two.
6. The relationship between international relations and
international law
is generally understood in terms of the positions of the most
dominant
approach in both disciplines. This does not mean, however, that
there is only
one way of conceiving the relationship.

How does the knowledge produced in internatio nal relations
and international law overlap, confl ict, and co-depend?
This is a more concrete and practical kind of question. It can
help us appreciate
what use international law knowledge has when we are
interested in a particular
subject, such as use of force, nuclear weapons, war crimes
tribunals, or international
trade. We need to develop a similar kind of attitude here, as we
did to the discipline
question. The added value of international law knowledge in
depends on what kind of knowledge is generated in these
disciplines.
Types of knowledge generated by international relations and
international law
All forms of academic study concern knowledge generation.
Knowledge generation
is both an end in itself and a means of enhancing the practical
world. Different types
of knowledge are generated within disciplines. It would not be
surprising to note
that the different types of knowledge produced are sensitive to
the approaches and
methodologies one adopts.
It is possible to differentiate between four types of knowledge
in the fi elds of
international relations and international law. These are factual
knowledge, empiri-
cal knowledge, conceptual knowledge, and normative
knowledge. The emphasis
placed on these types of knowledge, however, is different in

and international law.
Factual knowledge entails knowing something is the case. The
current number of
states, the number of international treaties, which states have
signed up to a particu-
lar treaty are all factual types of knowledge. Given the interest
of international law
in the regulation of international affairs, accurate information
about international
treaties, the mandates and composition of international
organizations, the relation-
ship between different organizations at the international level,
and the way in which
international institutions operate matters to international law.
A factual statement such as ‘The United Nations protects human
rights’ is not
inaccurate for a student of international relations. For a student
of international
law, however, it is not completely accurate as it lacks both
detail and appropriate
differentiation. For the international lawyer, a factual statement
would be: ‘The
United Nations Charter in its Articles 1, 55, and 56 has
provisions for the protec-
tion of human rights. All organs of the UN have the duty to give
effect to these
provisions, but the specialized protection mechanism is the

Human Rights Council
which reports to the Economic and Social Council.’
The difference between the two statements captures the
sensitivity to detail and
precision in international law when talking about institutional
arrangements. This
is because different types of arrangements have different kinds
of legal signifi cance
and they may point to different types of responsibility. A great
advantage of studying
international law in this respect is to acquire detailed
knowledge of the workings
of international organizations and their practices. Chapters in
Part 3: Topics in
international law provide legal- factual presentations of the
most important topics
in international law.
Empirical knowledge comes in qualitative or in quantitative
ways. The more
qualitative the knowledge, the more contextual and particular it
is about a social
event. The more quantitative it gets the more the knowledge
will be subject to
generalization and it will be inferred from a large number of
events (Landman
2006). International relations generates both qualitative and
quantitative empiri-
cal knowledge. Qualitative approaches utilize techniques such
as single case stud-
ies and small comparative case studies. They could focus on
how a particular set
of actors understand or perceive the practices they are engaged
in. Quantitative
approaches focus on larger sets of data and try to uncover

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