International law governs relations between states and regulates relations between private persons of different nationalities. While much of international law is consent-based, certain norms like prohibitions on genocide must be followed regardless of consent. There is no centralized authority or enforcement mechanism for international law like domestic legal systems have. The International Court of Justice provides non-binding advisory opinions and settles disputes submitted by states, but its rulings can be ignored as it has no means of enforcement on its own.

1. International Law
and the ICJ
The Political Effectiveness of the United
Nations, 1945-2000

2. Syllabus

3. What is International Law?
 International law:
 Public international law
 Set of principles, customs, and rules that
governs relations between states
 Private international law
 Regulates relations between private persons of
different nationalities

4. What is International Law?
 Much of it is consent-based:
 E.g. Kyoto Protocol on Climate Change
(1997)
Jus Cogens = norms of international law that
must be followed, even if no consent is given
 E.g. Prohibition on genocide, torture, human
trafficking, etc.

5. What is International Law?
 No governmental police or military force to
enforce it (major difference between
international and domestic law):
 No central authority ≠ no mechanisms to
ensure compliance
 E.g. Reputation, counter-measures, UNSC, etc.

6. The International Court of
Justice
 Functions:
 Provide non-binding advisory opinions on
legal issues submitted to it by UN bodies and
agencies, e.g. GA and SC
 Settle disputes submitted to it by states, who
must agree to its binding ruling (contentious
cases)

7. The International Court of
Justice
 Contentious cases
 If parties do not comply with the ICJ’s ruling,
the issue may be taken before the SC for
enforcement action (if international security
is at stake)
 What if the non-compliant party is a SC
permanent member?
 E.g. Nicaragua v. United States case

8. The International Court of
Justice
 Limitations on effectiveness
 Issues can only be tried by ICJ if states bring
them up to it
 ICJ’s decisions can be ignored by states